SWITZERLAND Law and Practice Contributed by: Roman Huber, Cristina Ess and Lea Ruckstuhl, Kellerhals Carrard
1. Legal Framework 1.1 International Conventions
equality between private individuals (who fulfil official duties) and public officials. 1.3 Guidelines for the Interpretation and Enforcement of National Legislation The provisions relating to anti-bribery and anti- corruption are interpreted and enforced by the Swiss courts. In addition, legal doctrine contrib - utes to their interpretation. In 2017, the Swiss State Secretariat for Econom - ic Affairs (SECO) published the third edition of a brochure entitled Preventing Corruption – Infor - mation for Swiss Businesses Operating Abroad, which is designed to: • help Swiss companies operating abroad cope with the pertinent regulations in Swiss crimi - nal law; • highlight the effects of corruption on their business; and • provide advice on how to prevent and combat corruption. 1.4 Recent Key Amendments to National Legislation On 1 January 2023, the Swiss legislator intro - duced the “Transparency in non-financial mat - ters”, “Transparency in row material businesses” and the “Duty of care and transparency with regard to minerals and metals from conflict zones and child labor” chapters (Articles 964 a – 964 l) in the Swiss Code of Obligation (CO). Concerned entities have, for the first time, to present their reports in 2024. On 1 January 2023, the new amendments to the Anti-Money Laundering Act (AMLA) also entered into force. Notably, new measures tar - geting financial intermediaries in the areas of beneficial ownership were introduced (Articles 2 (abis), 4 and 7 of the AMLA) and the supervi -
Switzerland is signed up to the following inter - national conventions relating to anti-bribery and anti-corruption: • the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 17 December 1997; • the Council of Europe Criminal Law Con - vention on Corruption of 27 January 1999, as well as its Additional Protocol of 15 May 2003; and • the United Nations Convention against Cor - The main national legislation in the area of anti- bribery and anti-corruption in Switzerland is the Swiss Criminal Code (SCC). The provisions relating to anti-bribery and anti-corruption are governed by Articles 322ter to 322decies of the SCC, which are divided into four sections: • bribery of Swiss public officials (Articles 322ter to 322sexies); • bribery of foreign public officials (Article 322septies); • bribery of private individuals (Articles 322octies and 322novies); and • general provisions (Article 322decies). All types of bribery include active and passive bribery. Bribery of Swiss public officials goes beyond active and passive bribery, which are governed by Articles 322ter and 322quater of the SCC, to the granting to and the accepting by Swiss public officials of an undue advantage (Articles 322quinquies and 322sexies of the SCC). Article 322decies of the SCC sets out the advantages that are not undue, as well as the ruption of 31 October 2003. 1.2 National Legislation
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