Organizations such as trade unions, transportation companies, health professionals, cooperative miners, press workers and civilian sectors have observed at least eight articles of Bill 218 against legitimizing illicit profits, financing terrorism and financing the massive or unconventional proliferation of weapons of destruction.
Some sectors are calling not only for the Senate paralyzed proposal to be changed, but for it to be completely annulled in order to start from scratch, but with prior socialization. Here are some of the articles surveyed:
The law is applied in public and private institutions (…). Natural and legal persons in Switzerland and abroad whose actions, assets and rights are allegedly the object, product or instrument of criminal activity.
The professional secrecy, the reservation of secrecy in financial, securities, insurance, pension, commercial, tax, economic, notary, civil status, real, professional rights and other matters cannot be asserted if the FIU in Requires information within their powers. ; This information is obtained directly within the conditions established by the FIU for this purpose, without the need for a court order, tax obligation or prior proceeding, and no payments or legal or administrative costs are incurred.
The supervisory authorities of the financial system are the supervisory and / or regulatory authorities of the obliged entities, which operate in accordance with their respective sectoral regulations. ASFI and the supervisory and control authority for pensions and insurance.
Any natural or legal person under public or private law of the national financial system, the stock exchange, insurance, pension insurance, notaries, lawyers, accountants, gambling or casino, commercial activity, commercial register – physical limit control is deemed to be obliged to do so of currencies and other currencies that the FIU includes within the scope of its ordinance through administrative processing.
The Financial Investigations Department has the authority to determine who these “obligated parties” are.
The investigations into criminal offenses provided for in this law are carried out by the public prosecutor’s office and the police through their departments or units that specialize in the legitimation of illegal profits and the financing of terrorism.
In the case of investigations into criminal offenses to legitimize unauthorized profits, the State Ministry, with the support of the tasks of the police investigators, can access all documents and physical or computer information that is in the power of a natural or legal person under public or private law, as well as the search of persons, raids specific locations, taking testimony, identifying people who control accounts, identifying and tracking assets without prior notice to the owner, and any other acts necessary to obtain evidence as set out in common criminal procedural law and special laws.
Conviction for committing the crime of legitimizing illegal profits or financing terrorism provides for confiscation or confiscation for the benefit of the state.
The person affected by the freezing measure can apply to the judicial authority that has ratified the measure for access to certain frozen funds or assets necessary to meet the duly justified basic expenses, stating the value and location of the required funds or assets.