It was revealed recently
that UBS, Switzerland's largest bank, has come under the scrutiny of the Swiss
Federal Banking Commission (SFBC), as a result of its role in the Elf Aquitaine
affair.
The French energy company -
now part of TotalFinaElf - has been under investigation by the Swiss, German,
and French authorities for some time as a result of allegations that laundered
bribes were paid to French and German politicians throughout the 1990s in order
to ease the passage of acquisitions and contracts.
However, the SFBC is particularly
interested in payments made to a Taiwanese businessman which are believed to
have been instrumental in landing a French company a $2.5 billion contract to
deliver warships to Taiwan. The Swiss watchdog believes that although UBS terminated
relations with the organisation, there may have been reporting duties which
went unfulfilled under the cover of the country's strict banking secrecy laws.
Sources close to UBS at
the time said that the bank felt that it had acted properly by terminating the
client relationship, but that it had not notified other banks of concerns regarding
Elf Aquitaine.
'We looked at how UBS came
to this relationship and why they closed it down, and whether the reporting
duty would have been violated,' said Daniel Zuberbuehler from the SFBC. However,
this issue raises very clearly the ambiguity over how and when suspicious financial
transactions should be reported. 'From the explanations that the bank has given
us, it is not at all obvious that there would have been a reporting duty,' he
explained.