SWITZERLAND Law and Practice Contributed by: François Micheli, Roman Huber, Cristina Ess and Lea Ruckstuhl, Kellerhals Carrard
able, the court may uphold a claim for compensation by the state in respect of a sum of equivalent value (Article 71 of the SCC). There is no cap on the amount of money for such forfeiture or compensation claims.
publication highlights the impact of corruption on companies and points out instruments that can be used to prevent and actively combat corrupt behav - iour. In addition, Transparency International has recently developed a series of documents and guides for companies. All those documents can be found on the website of SECO. Furthermore, there are various international require - ments that companies in Switzerland must take into account as guidelines – eg, the Good Practice Guid - ance on Internal Controls, Ethics and Compliance or the OECD Anti-Bribery Recommendation, as well as the ICC Rules on Combating Corruption 2023. 8.3 Compliance Monitorships Swiss criminal law does not provide a legal basis for the appointment of a monitor. However, FINMA has the ability to appoint auditors or investigators in the event of a violation of financial market laws (in particu - lar related to possible infraction of AML obligations). 9. Assessment 9.1 Assessment of the Applicable Enforced Legislation In February 2024, Transparency International released a report indicating that one-third of Swiss businesses admitted to engaging in bribery abroad. Over half of these companies reported encountering demands for “informal” payments during their international opera - tions, a practice that has become more prevalent compared to a decade ago. Demonstrating an ongoing commitment to addressing these issues, the Federal Council outlined its anti-cor - ruption objectives in a strategy paper (Anti-Corruption Strategy for 2021–24), structured around the three pil - lars of “prevention”, “detection and law enforcement” and “international cooperation”. The anti-corruption activities are co-ordinated by the Interdepartmental Working Group (IDWG) on Combating Corruption. Based on the OECD standards for quality and effec - tiveness of the strategic framework for combating
8. Compliance Expectations 8.1 Compliance Obligations
In Switzerland, while there is no explicit legal obliga - tion for companies to implement a compliance pro - gramme specifically for preventing corruption, various regulations and guidelines encourage businesses to adopt preventive measures against corruption. • Companies are encouraged to adopt a code of conduct that outlines ethical standards and expectations regarding anti-corruption measures. This serves as a foundational document guiding employee behaviour. • Organisations are advised to establish internal reporting mechanisms, allowing employees to report suspected misconduct or unethical behav - iour confidentially and without fear of retaliation. • Companies should conduct regular risk assess - ments to identify areas vulnerable to corruption. This involves mapping out potential risks associ - ated with different business activities and geogra - phies. • Training sessions for employees at all levels are recommended to raise awareness about corrup - tion risks and the importance of compliance. This includes educating staff on recognising and avoid - ing bribery. The failure to prevent bribery by a company is not directly classified as a criminal offence for the com - pany itself. However, if an employee commits acts of bribery on behalf of the company, the organisation can be held liable under certain conditions, particularly if it can be shown that the company lacked adequate compliance measures (Article 102, paragraph 2 of the SCC; see 3.3 Corporate Liability ). 8.2 Compliance Guidelines and Best Practices SECO has published a brochure on the issue of cor - ruption in international business transactions. The
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