Opinion  

'Swiss authorities are playing catch-up on financial crime reforms'

Francesca Cassidy-Taylor and Aziz Rahman

Switzerland is globally recognised as being the world’s largest offshore wealth manager.

But over recent years it has garnered a reputation for being a hub for ill-gotten gains, in large part due to the country’s perceived reluctance to take up the baton in the fight against financial crime. 

The dilatory approach of the Swiss authorities to close loopholes and keep pace with their European counterparts has only served to create the impression that the country is content to maintain the veil of secrecy over the shadowy world of corporate ownership that has been enjoyed and exploited by oligarchs and high-net-worth individuals for decades.

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Of course, with an estimated $2.4tn (£1.9tn) of assets sitting in its banks, there has been very little incentive for Switzerland to catch up.  

The newly announced reforms, unveiled at the end of last month, are, however, targeted at improving transparency and implementing controls.

They also seek to shift the responsibility for that task onto the shoulders of the private sector, which will be under new duties to flag risks and bolster scrutiny of legal structures.

If enacted, the rules will make accountants, lawyers and other consultants who set up trusts or holding companies, or manage real estate deals, subject to stringent due diligence rules and reporting obligations.

Payments in cash for precious metals and gemstones would be subject to money laundering checks if they are above a value of SFr15,000 (approximately £13,000). At present, such checks are only conducted on payments above SFr100,000.

There would also be a tightening of the obligations on banks, firms and service providers to assess the sanctions violation risks posed by their clients.

Following in the UK’s anti-money laundering footsteps, the Swiss government has also stated its intention to create a central register of the beneficial owners of companies and other legal bodies.

The register will be held at the Swiss Federal Department of Justice and Police, with the finance ministry conducting routine spot checks and imposing sanctions for non-compliance. 

The changes signal a positive step forward for Switzerland. Yet it is surprising that, despite being a nation drenched in wealth, it has lagged so far behind Europe in acknowledging the scale of financial crime and the need to tackle it.

That now looks set to change. But for a country whose financial and legal communities are world-renowned for their expertise in creating trusts and offshore structures for the benefit of those seeking to disguise asset ownership, there seems little or no justification for this not happening years ago. 

The timing of Switzerland’s announcement is likely to be the result of increasing pressure from Europe, which, following Russia’s invasion of Ukraine last year, has become more vociferous in its criticism of the existing Swiss regime.