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From the magazine SZW-RSDA 2/2018 | S. 125-130 The following page is 125

La communication de soupçons au MROS: du droit à l’obligation

«Wo viel Freiheit, ist viel Irrtum,

Doch sicher ist der schmale Weg der Pflicht.»

(Friedrich von Schiller, «Wallenstein», acte 4, scène 2)

Communication right in case of suspicion of money laundering was introduced in 1990 in the Swiss Criminal Code, despite opposition from the banking sector at that time. It has been completed, in 1998, by a duty to file a report with the Money Laundering Reporting ­Office Switzerland, when reasonable grounds to suspect that assets involved in the business relationship are linked to a criminal offence. Controversies occurred whether a financial intermediary should exercise its right or comply with its obligation to report, because in a concrete situation the assessment of the degree of suspicion is subjective. Over time, the distinction between the two rules has become very thin, since practical consequences are virtually identical. Under the pressure of supervisory authorities and according to international standards, communication right is ­likely…

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