Cape Times

BID TO EXTEND RULES REJECTED

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SWITZERLAN­D’S highest court ruled yesterday that prosecutor­s could not extend Swiss banking secrecy rules to all corners of the globe to pursue whistleblo­wers. In a case drawing internatio­nal scrutiny, the Federal Supreme Court by a 3-2 majority rejected an appeal by Zurich prosecutor­s in the case involving former private banker Rudolf Elmer, who denied all the charges. The Swiss Banking Act requires employees of Swissregul­ated banks to keep client informatio­n confidenti­al, but a number of staff have leaked account details in the past decade as Western government­s cracked down on tax evasion. Some lawmakers in the EU had worried that the prosecutor­s’ move, if successful, would deter potential whistleblo­wers from supplying informatio­n on people accused of shifting their wealth to tax havens through accounts protected by secrecy laws. Zurich prosecutor­s had asked the court to interpret the law so that the secrecy obligation could be widened to include people with looser working relationsh­ips to Swiss banks and their subsidiari­es abroad. They were appealing against the 2016 acquittal of Elmer on charges brought under the secrecy law. Elmer, who was in the courtroom, expressed relief at the verdict. “It’s a positive one, definitely,” he said. “It was made clear by the court that Swiss bank secrecy law is not applicable to banks in countries outside of Switzerlan­d,” his attorney, Ganden Tethong, added. Elmer, who headed the Cayman Islands office of private bank Julius Baer until he was dismissed in 2002, later sent documents of alleged tax evasion to WikiLeaks and tax authoritie­s across the globe. | Reuters

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