Legal

Tax transparency should be increased and cross-border tax evasion should be prevented with the help of the global standard for the automatic exchange of information on financial accounts (AEOI). The global standard makes provision for the mutual exchange of information on financial accounts between states and territories that have agreed among themselves to the AEOI. Aside from Switzerland, over 100 states and territories, including all major financial centres, have declared their intention to adopt the standard.

The legal basis for the AEOI was approved by The Federal Assembly in December 2015. It entered into force on 1 January 2017.

Switzerland generally implements the AEOI on the basis of the Multilateral Competent Authority Agreement on the Automatic Exchange of Financial Account Information (MCAA). Bilateral treaties have been concluded with the EU, Hong Kong and Singapore as the basis for the AEOI.

To date, Switzerland has agreed to the AEOI with the following partner states.

Banque Internationale à Luxembourg (Suisse) SA (“Bank”) has issued a Data Privacy Statement in light of the Swiss Federal Act on Data Protection (“DPA”) and its upcoming revision as well as the EU General Data Protection Regulation (“GDPR”), which is the new privacy regulation of the European Union (“EU”).

Although GDPR is a regulation of the EU, it is relevant for the Bank for a number of reasons. Swiss data protection legislation is historically closely tied to EU regulations and its future amendment will be substantially influenced by GDPR. Furthermore although GDPR is an EU regulation, under certain circumstances, it may apply to companies outside the EU such as the Bank (extraterritorial effect).

Please familiarize yourself with this Data Privacy Statement, which you download hereunder:

Data Privacy Statement

For any right that you might wish to exercise in connection with the Data Privacy Statement, we invite you to use the following form:

Exercise of rights request form

All banks operating in Switzerland must be licensed by the Swiss Financial Market Supervisory Authority (FINMA). FINMA is a member of the Basel Committee on Banking Supervision and regulates and supervises all banks in Switzerland according to the Basel Committee’s standards. These standards cover not only equity and capital adequacy but also the entire scope of prudential and behavioural rules. Swiss law demands capital adequacy standards that are even higher than those required by the Basel Capital Accord.

In particular, the Swiss Banking Act of 2005 stipulates that all Swiss branches of banks and securities firms must have certain deposits protected by esisuisse, a deposit insurance scheme that guarantees client money held with Swiss branches of banks and securities firms. If a bank or securities firm in Switzerland becomes insolvent, the other members of esisuisse will immediately provide the required funds. This collective scheme ensures that the clients of such an insolvent bank have their protected deposits paid out to them within one month. For this purpose, any bank and any securities firm in Switzerland is required to sign the “Self-regulation Agreement”, an agreement between esisuisse and its members. This agreement ensures that clients’ deposits are protected up to a maximum of CHF 100,000 per client. Medium-term notes held in the name of the bearer at the issuing bank are also considered deposits. Depositor protection in Switzerland is provided by esisuisse, and the depositor protection system is explained in detail at https://www.esisuisse.ch/en

Terms and conditions of use and additional legal notices about the websites of BIL Suisse.

Declaration of consent
By accessing the websites of BIL Suisse (hereinafter referred to as the "BIL Suisse websites") and the services, products information, opinions, documents, functions, etc. contained or described therein (hereinafter referred to as "information"), you declare that you have understood and accepted the terms and conditions of use. Please also read the additional legal information and disclaimers on the BIL Suisse websites for the services and products you wish to use.

Right of amendment
The terms and conditions of use, the legal information and all information on the BIL Suisse websites may be amended at any time without prior notice. Please read the terms and conditions of use whenever you visit the BIL Suisse websites. If you do not understand or do not agree with a provision in the terms and conditions of use, please leave the BIL Suisse websites.

Access and restrictions
The BIL Suisse websites are intended solely for persons that are resident in or have their registered office in a country that permits the access to the BIL Suisse websites. Persons subject to a jurisdiction that prohibits access to the BIL Suisse websites due to their nationality, place of residence or domicile, or for other reasons are not permitted to access the BIL Suisse websites. Furthermore, some services and products described on the BIL Suisse websites are subject to restrictions on the basis of place of residence, domicile, nationality or client segment. Therefore certain services and products described on the websites may not be permissible or suitable for you.

No advice and no offer
The information published on the BIL Suisse websites is for information and advertising purposes only. It does not constitute an advice or – from a legal, tax, financial or other point of view – a recommendation or offer to purchase or sell products or to conduct or conclude any other kind of transaction or legal act. The fact that you are accessing the BIL Suisse websites does not make you a client of BIL Suisse.

Exclusion of liability
BIL Suisse exercises customary due care in creating information published on the BIL Suisse websites. Nonetheless, BIL Suisse does not accept any liability, in particular for the up-to-dateness, correctness, accuracy or completeness of all the information on the BIL Suisse websites. BIL Suisse reserves the right to amend or delete the information on the BIL Suisse websites at any time without notice. The opinions and assessments expressed on the BIL Suisse websites reflect the view of BIL Suisse at the time of publication and do not constitute a legal, tax or other advice of either a general or specific nature. To the extent permitted by law, BIL Suisse accepts no liability whatsoever for direct and/or indirect loss or damage or missed profits arising as a result of using or accessing or relying on the information on the BIL Suisse websites or clicking on links to third-party websites or because it is impossible to use or access such information. This exclusion of liability also applies to any loss or damage arising from third parties manipulating the BIL Suisse websites or affecting your IT system. BIL Suisse cannot be held liable for third-party websites. You follow links to such websites at your own risk.