Swiss balk at deal to catch US tax evaders

Parliament freezes 'unilateral offer' from Washington that would end accusations of collusion by banks involving billions of dollars

PUBLISHED : Monday, 10 June, 2013, 12:00am
UPDATED : Monday, 10 June, 2013, 3:30am


A secretive deal aimed at settling a dispute with Washington over Swiss banks' alleged complicity in tax evasion by Americans has caused uproar in the wealthy Alpine nation.

Swiss Finance Minister Eveline Widmer-Schlumpf announced a deal last month that she said would put an end to the row that has been poisoning relations between Switzerland and the United States for years.

But she acknowledged the settlement was not a negotiated agreement but a "unilateral offer" from Washington, and due to a confidentiality clause, no details of the deal could be divulged until parliament gave its blessing.

She urged parliament, which has no power to amend the agreement, to urgently debate the issue, stressing the importance of the deal taking effect by July 1.

Swiss parliamentarians however balked at the idea of discussing the issue without knowing what conditions were attached, and on Wednesday, the National Council, or the lower house of parliament, voted to freeze its handling of the deal until it had more information.

"We understand that the National Council is demanding more information about the offer from the US authorities," the Swiss Bankers Association said.

But, stressed the group which represents nearly 350 banks and financial institutions, "it is important for the banks to have a legal basis before they act."

Washington has repeatedly accused Swiss banks of complicity in tax evasion, since they hold billions of dollars belonging to American citizens that are not declared to US tax authorities.

The controversial deal would enable Swiss banks to circumvent some elements of the country's cherished bank secrecy laws and turn over key information to US authorities.

How much the banks will have to pay to win legal closure is not yet known, but Swiss media have reported that the overall figure could hit 10 billion Swiss francs (HK$81.5 billion).

Despite the expected sting, the head of the Swiss Bankers Association's executive committee, Claude-Alain Margelisch, cautioned at a seminar last week that Swiss banks likely had no choice but to bow to the US demands.

US tax authorities now have access to some 30,000 new declarations from US citizens on their holdings in Switzerland, and he warned some might be tempted to push the blame for lacking past filings onto their Swiss bank.

He also warned that without a deal "the Americans will be able to continue to threaten our banks in a completely arbitrary manner."

Other participants at the seminar also pleaded for Switzerland to accept the deal despite the blindfold, stressing that the banks had to swallow their bitter medicine if they wanted to avoid risking even more pain.

With no official details leaking out, the deal is the subject of frenzied speculation in the Swiss press.

According to Neue Zurcher Zeitung, unpleasant surprises could be in store, especially for the cantonal banks - there is one in each of Switzerland's 24 cantons - which enjoy a government guarantee scheme.

"Ten to 15 of them apparently handled US undeclared funds in considerable proportions," the daily wrote. .

With a deal, Swiss financial institutions could find themselves in the bull's eye of US criminal prosecution, experts warn.

As a sign of the growing concern, Swiss daily Tages-Anzeiger published an article speculating on what repercussions there might be for banks facing criminal charges in the US.

"When a Swiss bank is charged in the United States, it is dead," Margelisch said.

Case in point, last January, Switzerland's oldest wealth management institution, Wegelin & Co, was forced to close after it was found guilty of helping US citizens dodge their taxes at home.