Participation in OECD (list year):
1961
TerraLex Guide to Anticorruption Legislation
Welcome to the Terralex cross-border guide to anticorruption legislation
This guide offers information on the current regulations related anticorruption policies in various jurisdictions around the world. Please contact the listed contributors for specific questions.
How to Use: You can use the tools below to create bespoke reports for the jurisdiction(s) and topic(s) covered. Click into single jurisdiction for one location or use the compare tool to compare multiple jurisdictions. Select the jurisdictions and topics of interest to create your unique report. You also have the option to print or download using the ellipsis button in the top right corner.
Switzerland TerraLex Guide to Anticorruption Legislation Guide
- Firms:
- Lalive
- Authors:
- Daniel Buhr, Adam El-Hakim
- Date posted:
- 13/06/2024
- Last update:
- 14/06/2024
Guidance
What is the applicable anticorruption legislation?
The Swiss Criminal Code and the Federal Act against Unfair Competition
What does this legislation prohibit?
Active and passive bribery and giving or accepting of an unfair advantage are prohibited.
Does it cover bribes to foreign government officials?
Yes.
Does it cover business to business corruption?
Yes.
Are facilitation payments allowed?
No, insofar as a Swiss public official is involved. Switzerland does not criminalise facilitation payments to foreign public officials.
Can a corporation be prosecuted for acts of overseas agents, intermediaries, joint venture partners, and third parties?
Yes.
Does the legislation have extra territorial reach?
Yes.
Can Directors of a company be found personally liable?
Yes.
What are the sanctions for breach of the legislation for Directors and corporations?
For directors: imprisonment up to five years or fines up to CHF 540,000. For corporations: fines up to CHF 5,000,000 + disgorgement of profits.
Can companies be held liable for corruption offences? If so, under which conditions?
No, companies can only be held liable for failure to prevent bribery, i. e. failure to implement all required and reasonable measures to prevent bribery (etc.)
Is there an obligation on companies to put in place preventive measures (such as a compliance program, a whistleblowing line)? If so, what are the sanctions?
Yes, companies must implement all measures required and reasonable to prevent bribery. In line with international standards, this includes whistleblowing lines.
Can the implementation of a compliance program constitute a mitigating circumstance in case of an established offense?
Yes.
Is a corporate settlement procedure available for corruption offenses?
In practice, yes. There have been settlement cases where the Office of the Attorney General fined corporate defendants to a fine of one Swiss Franc further to their self-reporting and full cooperation with the investigation.
If conditional approval is possible, what type of conditions or commitments may be imposed? Are there any consequences for failing to comply with these conditions or commitments?
Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.