Swiss Law Prohibits Handing Over Client Information

Berne. In a response to the opinion of the U.S. authorities in the UBS case, Switzerland on Tuesday confirmed that Swiss law prohibits handing over client information. In its filing with the competent court in Miami, the government of Switzerland also points out that the necessary measures to implement Swiss law have been prepared.

In their opinion of June 30, 2009, the U.S. authorities had stated in particular that UBS would not have to expect a criminal proceeding if it handed over the client information. In a brief response, Switzerland makes it perfectly clear that Swiss law prohibits UBS from complying with a possible order by the court in Miami to hand over the client information. In addition, on the basis of the Federal Council’s decision of principle, UBS will by no means be in a position to comply with such an order. According to that decision, all the necessary measures should be taken to prevent UBS from handing over the information on the 52,000 account holders demanded in the U.S. civil proceeding.

The Federal Department of Justice and Police (FDJP) is responsible for implementing the decision. If circumstances require, the FDJP will issue a corresponding order. The order prohibits UBS explicitly from handing over client information.

Note
Documents

For the complete documentation see the pages in German, French or Italian

Motion of amicus curiae (PDF, 23 kB, 21.06.2010)
Government of Switzerland to file response to petitioner's june 30 submission and incorporated memorandum of law
Response of amicus curiae (PDF, 64 kB, 21.06.2010)
Government of Switzerland to petitioner's june 30 submission