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Swiss to Stop UBS Handing over Data in US Tax Row
ZURICH - Switzerland has vowed to prevent UBS from handing over client information to U.S. authorities, in an attempt to defend bank secrecy, saying a tax case targeting its main bank is souring diplomatic ties.
The logo of Swiss bank UBS is seen at the company's office at the Bahnhofstrasse in Zurich July 1, 2009. REUTERS/Arnd Wiegmann Wealth management giant UBS is facing a court hearing in Miami next week after refusing to disclose data on 52,000 Americans holders of secret Swiss bank accounts to U.S. tax authorities.
The Swiss Justice Ministry said on Wednesday that Swiss law prevents UBS from handing over client information and the government would seize UBS client data, if necessary, to stop that happening.
The case, which comes amid a global fight against tax cheats supported by the U.S. administration, has damaged the UBS brand and could result in an expensive settlement for the bank at a time when the bank needs to focus on restructuring.
"Switzerland will use its legal authority to ensure that the bank cannot be pressured to transmit the information illegally, including if necessary by issuing an order taking effective control of the data at UBS," the Swiss government said in a response to U.S. authorities filed in Miami on Tuesday.
The tax litigation is also crucial for the future of the multi-billion dollar wealth management industry and is pushing several offshore banks to force clients to come clean.
A court hearing that will lead to a ruling on the UBS data issue is due to start on July 13. Washington has accused UBS of hiding nearly $15 billion in assets in secret accounts.
The Swiss statement came in response to a filing by the U.S. Justice Department last week asking the Miami court to enforce tax compliance with the full weight of U.S. law.
Although Swiss criminal law prohibits banks passing on client information to foreign authorities, UBS and Switzerland have already made concessions on their treasured bank secrecy.
UBS agreed to pay in February $780 million, admitted wrongdoing and disclosed about 250 client names to avert tax fraud criminal charges the Swiss government said threatened the bank's survival.
And faced with the threat of possible sanctions from the G20, Switzerland -- along with other tax havens -- vowed in March to redraft its tax treaties with the United States and other countries and cooperate more on tax evasion.
"INTERNATIONAL CONFLICT"
Switzerland said in its latest court filing it hoped it would not have to take the "extraordinary action" of issuing an order to seize the UBS client data.
"The IRS (Internal Revenue Service) now inappropriately seeks to provoke international conflict through this civil proceeding," the statement read.
In its brief last week, the Justice Department said that UBS had already acknowledged that its bankers committed "very serious crimes on U.S. soil" and had therefore subjected the bank to the full jurisdiction of U.S. law. "Swiss banking secrecy is not an impenetrable wall," it said.
But Berne said the fact that UBS had released some names in settling the criminal case and admitted wrongdoing did not undermine the legitimacy of Swiss banking secrecy as a whole.
Although the court hearing is due next week, the Swiss government has not ruled out the possibility of UBS and Washington agreeing another out-of-court settlement.
Swiss Finance Minister Hans-Rudolf Merz has repeatedly said there is still room for a deal and Swiss Economy Minister Doris Leuthard told Reuters in an interview on Tuesday that it expected UBS to pay a price as the bank had made mistakes.
Swiss media have said UBS may have to pay 3-5 billion Swiss francs ($2.76-$4.6 billion). The bank raised 3.8 billion francs of capital late in June and will report earnings on August 4.
"As the whole story is about money and as UBS has already admitted its fault, there can be only one solution: the Swiss bank will have to pay a fine or a compensation of an amount corresponding to taxes that are still due to the U.S. government" said Nicolas Michellod, senior analyst at Celent.
UBS shares fell 1.7 percent at 12.8 francs at 0849 GMT against a 1.2 percent drop in the European banking index.
(Additional reporting by Sven Egenter and Emma Thomasson; Editing by Erica Billingham)

10 Comments so far
Show AllDo I have this wrong? The Swiss remain neutral and stay out of wars in order to protect their very important banking industry that relies mainly on criminal wealth. Are the Swiss in their way as corrupt and evil as any other country on Earth?
Writing as a former "gast arbeiter" in that country: ABSOLUTELY! The Zurich bankers are amongst the worst.
The last time I checked, Switzerland is a sovereign country. They are not obligated to hand over data of any sort to the US government. Why does the US treat sovereign nations as if they were US territories?
UBS is welcome to stop doing business in the US. In fact, if the nations of G20 finally stop talking, and start acting, not that that will happen, UBS, and other Swiss banks, are welcome to stop doing business in all the G20 nations.
And I have no problem with that whatsoever. I'm not defending UBS (heaven forbid), I'm only defending Swiss sovereignty.
The cost of doing business in the US, is being subject to US law. US sovereignty.
Switzerland has every right to come up with laws protecting their banks. IN SWITZERLAND. The US has every right to come up with laws targeting those Swiss banks, when they operate IN THE US.
Swiss law does not trump US law, not in the US, Swiss bank or not. UBS does not get diplomatic immunity.
It would appear as if the fallout from the UBS case has the potential of substantially damaging a core business that underpins the Swiss economy, banking. The competition from some of the newer off-shore financial centers, Dubai & Macau, plus from some of their older rivals, Liechtenstein, Luxembourg, Andorra, etc., must be heating up. I imagine this sort of sales pitch to a rich client looking to put his money beyond the reach of his nation's tax authorities is going on right now, "Put your money in our bank, not the Swiss. Look at the UBS case. They are going back on their solemn vow never to reveal client information."
"Swiss media have said UBS may have to pay 3-5 billion Swiss francs ($2.76-$4.6 billion). The bank raised 3.8 billion francs of capital late in June and will report earnings on August 4."
Makes you wonder how much they really might be hiding for tax evaders if they're willing to pay $3-$5 billion more to the U.S. Government for crimes on U.S. soil.
If the U.S. is serious about catching tax evaders, they should follow former Congressmen and Senators who have been advising the wealthy for decades on how to "legally" send their money off-shore.
Father law-maker knows best!
Treaties to allow more information of banking industries secret clients accounts.
I wonder how many congresman and senators have accounts in Swiss banks. Insurance and oil company CEOs , as well as other super rich corporations and defense contracotrs.
All these entities wanted warrantless surviellance as a tool to control Americans.
I say as long as the Patriot Acts are laws, and warrantless surviellance is allowed , all is fair in love and war.
And as a victim of warrantless surviellance,gang stalking torture by private armys of rich corporations for 2.7 years and running, I say nail these tax dodgers to the wall.And I am loving it.
No MERCY!!! I have been warning and yelling at the top of my lungs that to allow intrusion on normal citizens lives for greedy fearmongering would come back to haunt these fools in Washington.
Pay back is a mother f@#$%^&.
I've dealt with a few Swiss businessmen and I can say they were all pompous little fcks to a man. More arrogant than the Germans, more self-righteous than the French, they must think that being short somehow entitles them to their racist views. One proudly showed me all the statue heads he'd collected from Cambodia. Obviously cut off ancient temple statues in return for a paltry few of his lousy Swiss Franc scrip. A real cultural vandal. He didn't see it that way at all. The problem with the Swiss is they live in a bubble like GWB. They have no concept that their sense of entitlement is at all false. Perversely seeing themselves as being more moral than "others" this is used as a pretext to bribe, corrupt and steal as they please. I've seen one look at a black person and burst out laughing like they were looking at a clown. Their minds are stuck in the 1650's. If THIS diatribe seems racist, it's not. What I'm railing against here is the insular, xenophobic culture. Genetics be damned.