Sunday, November 13, 2016

Swiss Federal Court Limits For Now Swiss Bank Disclosure of Enablers Under DOJ Swiss Bank Program (11/13/16)

I picked up these articles some time ago and was waiting to post on it pending obtaining the decision discussed.  Davide Anghileri, Swiss bank can’t reveal client’s account administrator or referring law firm to US, court rules (MNE Tax 10/6/16), here; and Vidya Kauri, Swiss High Court Says Bank Can't Share Atty Info With US (Law 360 10/6/16), here.

As I understand the information in the articles, the Swiss Federal Supreme Court held that an unnamed bank could not turn over information regarding lawyers and a law firm related to account disclosures the bank made to DOJ Tax under the Swiss Bank Program.  But, according to the Law 360 article:
the court said that the handover of such data could be justified under certain circumstances, such as disputes with the U.S. that may erode the reputation of Switzerland’s financial sector and that of Switzerland as a reliable negotiating partner.
If anyone has the decision, preferably in English, or other information about it, I would appreciate them posting as comments (with a link) or emailing me at

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