Foreign Illicit Assets Act (FIAA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 25 Violation of an asset freeze order
1 Any person who wilfully and without authorisation from the FDFA executes payments or transfers from frozen accounts or releases frozen assets shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Where the act is committed through negligence, the penalty shall be a fine not exceeding CHF 250,000.
Art. 26 Violation of the duty to report and to provide information
1 Any person who wilfully violates the duty to report and to provide information as set out in Article 7 shall be liable to a fine not exceeding CHF 250,000. 2 Where the act is committed through negligence, the penalty shall be a fine not exceeding CHF 100,000.
Art. 27 Offences in business operations
Ascertaining the criminal liability of persons may be dispensed with and instead the business operations may be ordered to pay the fine where the following conditions are met: a. identifying the persons who committed the offences requires investigative measures that are disproportionate to the penalty incurred; and b. a fine of a maximum of CHF 50,000 is under consideration for the violations of the criminal provisions of this Act.
Art. 28 Jurisdiction
1 The Federal Act of 22 March 1974 on Administrative Criminal Law applies to violations of this Act. The FDF shall be the authority responsible for prosecution and judgment. 2 Where a court judgment has been requested, or where the FDF considers that the requisite conditions for a custodial sentence or other custodial measures are satisfied, the federal courts have jurisdiction. In such cases, the FDF shall refer the case file to the Office of the Attorney General of Switzerland for proceedings before the Federal Criminal Court. This referral shall constitute the formal bringing of charges. Articles 73 to 82 of the Federal Act on Administrative Criminal Law apply mutatis mutandis.
Para. 1 — SR 313.0
Art. 29 Consolidation of proceedings
1 Where a criminal case is subject to the jurisdiction of the FDF and the jurisdiction of the federal or cantonal authorities, the FDF may order that the proceedings be consolidated under the prosecuting authority already handling the case, provided that the following conditions are met: a. there is a close factual connection; b. the case is not yet pending before the competent court; and c. consolidation will not unreasonably delay the proceedings. 2 The Appeals Chamber of the Federal Criminal Court shall decide on any disputes between the FDF and the Office of the Attorney General or the cantonal authorities.