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Switzerland-EU bilateral negotiations on combating fraud - Working session: detailed reading of the draft convention
26. nov 2002 - At a two-day working session the European Union and Swiss delegations continued their negotiations on combating fraud. The basis for these negotiations were the improvements in cooperation already discussed on 18th October 2002.
Switzerland-EU bilateral negotiations on combating fraud
At a two-day working session the European Union and Swiss delegations continued their negotiations on combating fraud. The basis for these negotiations were the improvements in cooperation already discussed on 18th October 2002.
The 9th round of negotiations were conducted as a two-day working session in Bern from 25th-26th November 2002. The detailed reading, carried out article by article, of the draft agreement, was based on the points of the proposal already presented on 18th October 2002, which, from the Swiss perspective, allow a significant expansion of the provisions in combating all noteworthy customs duty and subsidy offences. (http://www.efd.admin.ch/d/dok/medien/ medienmitteilungen/2002/10/betrugsbek.htm) The goal of this work is the formulation of a draft agreement, although at this phase the emphasis is on implementing all the points on which there is agreement, and the controversial questions (e.g. the principle of double criminality) have intentionally been left aside. The work will be continued but no date has been fixed.
Switzerland's proposal in brief of 18th October 2002
- Above and beyond customs duty fraud, combating all significant forms of customs duty and subsidy offences should also be significantly improved.
- In connection with excise duty, value added tax and tobacco tax are particularly relevant in combating professional crime and crimes committed by gangs.
- With crimes of this nature committed professionally the execution of coercive measures might be possible, e.g. house searches, seizure of dossiers, freezing of bank accounts or hearing of witnesses.
- According to Swiss Law, in order for an offence to be subject to legal assistance, it must be covered by a custodial sentence of at least 6 months and this in the requesting state and in the state to which the request is made. The legal principle of double criminality must be maintained.
- On the same condition as mutual legal assistance (threat of punishment of at least 6 months) Switzerland would be prepared to implement coercive measures in a simplified form of administrative assistance.
- In order to achieve the goals of the convention Switzerland is prepared to provide for within its own national legal framework new crime definitions liable to mutual legal assistance in criminal matters.
26 Nov 2002
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