29 July 2026 | Publication
Commentary on Art. 9 of the Swiss
Anti-Money Laundering Act (AMLA)
29 July 2026 | Publication
Commentary on Art. 9 of the Swiss
Anti-Money Laundering Act (AMLA)
Commentary on Art. 9 AMLA, in: Damian K. Graf/Doris Hutzler (eds.), Onlinekommentar Anti-Money Laundering Act, 2026 Commentary
This new legal commentary provides a comprehensive analysis of Article 9 of the Swiss Federal Act on Combating Money Laundering (LBA), the central provision governing the duty of financial intermediaries, dealers, and advisers to report suspicions of money laundering, related predicate offences, and terrorist financing to Switzerland's Money Laundering Reporting Office (MROS). Authored by Andrew M. Garbarski, Louis Frédéric Muskens, Mattia Brugger, the commentary situates the reporting duty within its international context, tracing its alignment with the FATF's global standards and Switzerland's evolving legislative history, including forthcoming amendments entering into force on 1 October 2026. It examines the distinct scenarios triggering the obligation, the threshold of "well-founded suspicion", and the professional secrecy carve-out for lawyers and notaries, alongside the procedural requirements for making a valid communication to MROS, including the shift towards the goAML electronic reporting system. It also addresses the practical tensions surrounding "defensive reporting" and the interplay between the reporting duty and related provisions such as Article 305ter of the Swiss Criminal Code and the anti-money laundering ordinances.
This new legal commentary provides a comprehensive analysis of Article 9 of the Swiss Federal Act on Combating Money Laundering (LBA), the central provision governing the duty of financial intermediaries, dealers, and advisers to report suspicions of money laundering, related predicate offences, and terrorist financing to Switzerland's Money Laundering Reporting Office (MROS). Authored by Andrew M. Garbarski, Louis Frédéric Muskens, Mattia Brugger, the commentary situates the reporting duty within its international context, tracing its alignment with the FATF's global standards and Switzerland's evolving legislative history, including forthcoming amendments entering into force on 1 October 2026. It examines the distinct scenarios triggering the obligation, the threshold of "well-founded suspicion", and the professional secrecy carve-out for lawyers and notaries, alongside the procedural requirements for making a valid communication to MROS, including the shift towards the goAML electronic reporting system. It also addresses the practical tensions surrounding "defensive reporting" and the interplay between the reporting duty and related provisions such as Article 305ter of the Swiss Criminal Code and the anti-money laundering ordinances.
