Suchergebnisse für offshore payment systems

To Infinity and Beyond: U.S. Dollar-Based Jurisdiction in the U.S. Sanctions Context

The power to print the world’s dominant currency gives the United States enormous leverage in pursuing its geopolitical objectives. This is particularly evident in the sanctions context, where the mere “use” of the U.S. financial system will pull parties into U.S. jurisdiction even if they are located outside the United States. This article highlights the recent extensions of jurisdictional…

TBTF: Do increased capital requirements, bail-in powers and resolution ­authority solve the problem?

In the wake of the financial crisis of 2008, governments across the world decided that it was time to end the bail-out of too-big-to-fail financial institutions. This article considers the strategies deployed in Switzerland to solve the problem: increased capital requirements, including leverage ratios and liquidity requirements, funding of the resolution in the event of a gone-concern,…

Swiss Multinational Enterprises and Transnational Corruption: Management Matters

In 2016, the Office of the Attorney General of Switzerland sanctioned a Swiss corporation for having bribed a Libyan Minister. The same year, it opened a criminal proceeding against the Swiss bank BSI for its involvement in the corruption scandals surrounding the Malaysian company 1MDB. Swiss corporations are also currently under investigation in the Brazilian Petrobras scandal. At the…

Das schweizerische Bankprivatrecht 2016 / Le droit bancaire privé suisse 2016

Das Bankprivatrecht regelt diejenigen Rechtsbeziehungen der Bank, die ihre Grundlage im Privatrecht haben, wobei die vertragsrechtlichen Bindungen zwischen der Bank und ihren Kundinnen zum…

Towards Automatic Exchange of Information

This article describes the various steps that led towards automatic exchange of information as the global standard and the issues that remain to be solved. First, the various competing models of exchange information, such as Double Tax Treaty (DTT), TIEA’s, FATCA or UE Directives are described with a view to show how they interact between themselves. Second, the so-called Rubik Strategy is…