Anti-Money Laundering Act (AMLA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 33 Principle
The processing of personal data is governed by the Data Protection Act of 25 September 2020.
Art. 33 — Amended by Annex 1 No II 95 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). SR 235.1
Art. 34 Databases and files in connection with the reports and the information submitted to the Reporting Office
1 Financial intermediaries must maintain separate databases and files containing all documentation relating to reports made in accordance with Article 9 of this Act or Article 305ter paragraph 2 of the SCC and to enquiries made by the Reporting Office in accordance with Article 11a. 2 They may pass on data from these databases and files solely to FINMA, the FGB, the intercantonal authority, the Central Office, supervisory organisations, self-regulatory organisations, the Reporting Office and the prosecution authorities. 3 The right to information of data subjects in accordance with Article 25 of the Data Protection Act of 25 September 2020 on must be asserted vis-à-vis the Reporting Office (Art. 35). 4 The data must be destroyed five years after the report is filed.
Art. 34 — Amended by Annex 2 No 2 of the FA of 19 March 2021, in force since 1 Sept. 2023 (AS 2021 656; 2022 551; BBl 2019 5451). Para. 1 — SR 311.0 Para. 1 — Amended by Annex 2 No 2 of the FA of 19 March 2021, in force since 1 Sept. 2023 (AS 2021 656; 2022 551; BBl 2019 5451). Para. 2 — Amended by Annex 2 No 2 of the FA of 19 March 2021, in force since 1 Sept. 2023 (AS 2021 656; 2022 551; BBl 2019 5451). Para. 3 — SR 235.1 Para. 3 — Amended by Annex 2 No 2 of the FA of 19 March 2021, in force s
Art. 35 Processing by the Reporting Office
1 The processing of personal data by the Reporting Office is governed by the Federal Act of 7 October 1994 on the Central Offices of the Federal Criminal Police. The right of private individuals to information is governed by Article 8 of the Federal Act of 13 June 2008 on Federal Police Information Systems. 2 The Reporting Office may exchange information with FINMA, the FGB, the intercantonal authority, the Central Office and the prosecution authorities via remote access.
Para. 1 — SR 360 Para. 1 — SR 361 Para. 1 — Amended by Annex 1 No 9 of the FA of 13 June 2008 on Federal Police Information Systems, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061). Para. 2 — Amended by No I of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451).
Art. 35a Verification
1 In order to fulfil its duties, the Reporting Office may by means of a computerised access procedure verify whether a person reported or notified to it is listed in any of the following databases: a. the National Police Index; b. the Central Migration Information System; c. the Register of Criminal Records Information System VOSTRA; d. the State Security Information System; e. the person, file and case management system used in the field of mutual assistance in criminal matters. 2 The right of access for further information is governed by the provisions applicable to the information system concerned.
Art. 35a — Inserted by Annex 1 No 9 of the FA of 13 June 2008 on Federal Police Information Systems, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061). Para. 1 let. c — Amended by Annex 1 No 14 of the Criminal Records Register Act of 17 June 2016, in force since 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).