In an effort to bolster the integrity and compliance of its financial sector, Switzerland is integrating sanctions compliance into its Anti-Money Laundering (AML) legislation. This significant regulatory shift places the responsibility of enforcing sanctions, decided by international bodies like the UN and EU, not only with the State Secretariate of Economic Affairs, but also under the purview of AML authorities, including the Financial Market Supervisory Authority (FINMA) and Self-Regulatory Organizations (SROs).

Under Article 1 of the Embargo Act, Switzerland has the capacity to implement coercive measures to enforce these international sanctions. The Federal Council, tasked with enacting these measures, issues ordinances that can impact trade or financial activities, such as import/export restrictions and financial prohibitions, or target specific individuals through measures like travel bans and asset freezes. The enforcement of these measures is typically overseen by the State Secretariat for Economic Affairs (SECO), with additional support from the State Secretariat for Migration (SEM) and the Federal Office for Customs and Border Security (BAZG) for certain provisions.

This integration marks a critical step in aligning Switzerland’s financial sector with global standards, ensuring robust compliance and enhancing the sector’s transparency and integrity. This insight answers the main questions related to the introduction of new regulations.

How do these changes impact financial institutions in Switzerland?

Financial institutions are now required to comply with the updated sanctions regulations as part of their AML obligations. This includes taking the following steps:

✓ Conducting comprehensive risk assessments to identify potential sanctions-related risks.

✓ Regularly updating client information and verifying the identities of beneficial owners.

✓ Implementing robust internal control systems to monitor and manage risks.

✓ Providing training and education to staff on the new compliance requirements enabling them to distinguish where sanctions apply and where they do not.

✓ Establishing clear policies and procedures for reporting suspicious activities and potential sanctions violations.

SECO and FINMA will conduct inspections to ensure compliance, and non-compliant entities may face legal proceedings. These changes emphasize the need for financial institutions to adopt meticulous organizational measures and thorough risk management practices.

What are the responsibilities of FINMA and SECO under the new AML framework?

FINMA is tasked with overseeing regulatory organizational requirements in financial market law, ensuring that financial institutions manage all risks, including legal and reputational ones. It conducts on-site inspections to verify compliance with sanctions-related measures. SECO, on the other hand, oversees the enforcement of coercive measures under the Embargo Act and can initiate proceedings against non-compliant financial institutions. Both organizations work in coordination to ensure comprehensive supervision and enforcement of the new AML regulations.

How do the new AML requirements align with the global fight against money laundering and terrorist financing?

The updated Swiss AML requirements align closely with international standards set by FATF and the EU’s draft regulations on anti-money laundering. By incorporating these standards, Switzerland aims to enhance the transparency and integrity of its financial sector, contributing to the global efforts against money laundering and terrorist financing. This alignment helps maintain Switzerland’s competitiveness as a global financial center while ensuring compliance with international norms.

How will the changes in the Swiss AML law affect cross-border financial transactions?

With the integration of sanctions compliance into the AML framework, cross-border financial transactions will face stricter scrutiny. Financial intermediaries will need to ensure that transactions involving foreign entities comply with both Swiss and international sanctions regulations. This may involve enhanced due diligence, increased monitoring, systematic risk assessments, devising related policies and procedures as well as  more frequent updates to client information, especially for transactions involving high-risk jurisdictions or politically exposed persons.

Which challenges might financial institutions face in implementing the new regulations, and how can they overcome them?

Financial institutions might face several challenges, including the complexity of updating internal systems, the need for continuous staff training, and the potential for increased operational costs. To overcome these challenges, institutions can invest in advanced compliance technologies, seek expert legal advice, and establish comprehensive training programs. Collaboration with regulatory bodies and staying informed about best practices in compliance can also help institutions effectively navigate these changes.

What kind of support can you get from legal advisory?

✓ Advising Clients on Compliance Obligations: Law firms will play a critical role in advising their clients, particularly financial institutions, on the new compliance obligations introduced by the updated Swiss AML Act. This includes guiding clients on the necessary updates to their internal policies and procedures to ensure they meet the new requirements for sanctions compliance. Law firms must help clients implement robust risk management frameworks, conduct thorough risk assessments, and regularly update client information as mandated by the law.

✓ Training and Education: Law firms will be responsible for educating their clients and their staff about the implications of the new regulations. This involves conducting training sessions and workshops on the legal requirements and best practices for sanctions compliance and anti-money laundering measures. By doing so, law firms help ensure that their clients’ employees are well-informed and capable of identifying and mitigating risks associated with sanctions violations.

✓ Drafting and Reviewing Internal Policies: Law firms will assist financial institutions in drafting and reviewing their internal policies to align with the new AML and sanctions compliance requirements. This includes creating comprehensive risk management policies, updating due diligence procedures, and ensuring that internal controls are effective in preventing and detecting any violations of sanctions. Legal expertise is crucial in crafting policies that are both compliant with the law and practical for the institution’s operations​.

✓ Conducting Internal Audits and Assessments: To ensure compliance, law firms may conduct internal audits and assessments of their clients’ operations. These audits help identify any gaps in compliance and provide recommendations for improvement. Law firms can offer ongoing monitoring and support to ensure that financial institutions continuously adhere to the updated legal standards and are prepared for inspections by regulatory authorities like FINMA and SECO.

✓ Legal Representation and Defense: In cases where financial institutions face investigations or legal actions due to non-compliance with the new regulations, law firms will provide legal representation and defense. This includes navigating regulatory inquiries, representing clients in administrative or judicial proceedings, and negotiating settlements or penalties. The expertise of law firms is essential in protecting the interests of financial institutions and mitigating potential legal and reputational damages.

✓ Strategic Planning and Risk Management: Law firms will help clients develop strategic plans to manage and mitigate risks associated with sanctions compliance. This includes advising on the implementation of effective internal control systems, ensuring compliance with both Swiss and international standards, and preparing for any future regulatory changes. Law firms’ strategic guidance is vital in helping financial institutions maintain compliance while achieving their business objectives.

Our experienced legal team at LINDEMANNLAW specializes in compliance and regulatory law, offering tailored solutions to ensure your financial institution meets all new sanctions and AML requirements. To learn more about how these regulatory changes impact your business and how we can assist you in maintaining compliance, reach out to us today.