SWITZERLAND Trends and Developments Contributed by: Jean-Marc Carnicé, Canonica Valticos Carnicé & Associés
Procedure When a request for mutual legal assistance is submit - ted to the Swiss authorities, a number of procedural steps must be followed, some of which may require a considerable amount of time. Following an initial summary review, the Federal Office of Justice delegates the matter to the competent can - tonal or federal authority. That authority then decides whether the request may be executed and orders any interim measures, such as the seizure of assets or documents, house searches and the summoning of persons. Once these measures have been executed, docu - ments are sorted and prepared for investigative pur - poses. If the seizure of documents has been ordered, the persons concerned may request that they be sealed, with the court subsequently ruling on the request, provided the documents contain protected professional secrets. After the persons concerned have been heard, and as soon as the foreign proceed - ings allow, a final ruling is issued. Once the final ruling becomes legally enforceable, the requesting authority is informed of the results of the investigation. International mutual assistance with the United States is subject to a specific procedure. As this overview shows, the process is lengthy and heavily regulated. This is particularly significant as, upon receipt of a foreign request for the exchange of information, com - pliance with the principles of speciality, reciprocity and respect for professional secrecy must be verified. The Swiss authorities also examine whether the requirement of dual criminality is satisfied. Procedural measures, including house searches, seizure of evi - dence, summonses subject to coercive measures in the event of non‑compliance, witness examinations, telephone surveillance and the lifting of duties of con - fidentiality, may only be ordered if the act described in the request also constitutes a criminal offence under Swiss law. In other words, the conduct must be pun -
ishable under Swiss law as if it had been committed in Switzerland. There are, however, two exceptions to this principle. Even if the act prosecuted in the requesting state does not constitute an offence in Switzerland, enforcement measures may be ordered where they serve to exoner - ate the accused or to prosecute offences consisting of sexual acts against minors. The principle of proportionality must also be respect - ed in mutual legal assistance proceedings. Assistance may be granted only to the extent strictly necessary for the criminal authorities of the requesting state to establish the facts. Appeals may subsequently be lodged against the final ruling. The final decision issued by the enforcement authority, as well as certain interim decisions, may be appealed to the Federal Criminal Court within 30 days of written notification. Interim decisions may be challenged within ten days if they concern the seizure of property or valuables or the appearance of per - sons involved in the foreign proceedings and cause immediate and irreparable prejudice. The permissible grounds of appeal are set out in Article 80i, IMAC. Appeal proceedings may take several months, and sometimes more than a year, and are frequently dis- missed. In limited circumstances, a further appeal may be lodged with the Federal Supreme Court. Financial intelligence by the Egmont Group Overview The Egmont Group was established in 1995 as an informal network of 24 national FIUs, taking its name from the Egmont Palace in Brussels, where the found - ing meeting was held. It remains the only global body facilitating the direct exchange of operational and strategic financial intelligence between FIUs. The Egmont Group now comprises more than 175 operationally independent FIUs, including Switzer - land, represented by the Money Laundering Report - ing Office since 1 April 1998. Other members include France, Spain, Italy, the United States and the United Kingdom. Russia, which joined in 2002, is currently suspended.
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