position paper 模联 立场.docx

SwitzerlandPosition PaperDelegates: School:Committee: UNSCTopic:Submitted by SwitzerlandSwitzerland has already realized the importance of international cooperation in the prevention and combating of terrorism has grown beyond measure since the terrorist attacks on the USA on 11 September 2001. Under international law, the framework for these tasks is provided specifically by twelve UN Conventions and additional protocols on combating terrorism. Switzerland has already ratified and implemented ten of these Conventions and noticed that there are an increasing number of countries entering the combating terrorism activities.Switzerland is taking their efforts to preventing and combating terrorist attacks at domestic level actions. As one of the worlds most important financial centers, Switzerland has been campaigning for more effective regulations to put a stop to both the financing of terrorist activity and money laundering. Switzerland is an active member of the Financial Action Task Force (FATF).The Convention for the Suppression of Terrorist Bombings obliges States Parties to punish the originators of or those party to attacks conducted using explosives or other lethal substances, such as toxic chemicals or biological weapons. It also sets out provisions for international cooperation in the prevention and combating of terrorist attacks. Switzerland also made laws to ensure depriving terrorism of its financial base, putting two new criminal offences on the statute books and identifying the users of prepaid cards. Switzerland will never ignore and stand the terrorists take advantages of Swiss economic system and the secret system of Swiss bank will never protect the terrorism and be the “barrier” of international cooperation. There are actually plenty of other countries that provide discreet banking services, but the terrorists wont be able to avail themselves of such services in Switzerland.Switzerland also attached great importance to the safety and management among refugees. Switzerland will never let terrorists regard this country as a basement and shelter of their crucial activities. However, Switzerland will not abandon the aid to help people suffering from violence and terrorism.As for Switzerland international activities, the Swiss tax authorities already have the right to demand information from Swiss banks when investigating a deliberate tax fraud; and under Article 4 of the USA-Switzerland Treaty on Mutual Assistance in Criminal Matters, it must use the same powers if it seeks to obtain information at the request of the USA and for the purposes of a criminal investigation, pursuant to a Swiss law on international co-operation in such matters. But Even if criminal proceedings are contemplated however, the matter must come before the Swiss courts to sanction co-operation, and it is by no means certain that they would do so.As grave as the terrorist threat is, it is important to remember that human rights remain inalienable and that the fight against terrorism must always be fought with the legal means used to combat all forms of crime. International humanitarian law must be applied in all situations and without exception by all parties to armed conflict and by private individuals too. The economic differences between countries should also try to de eliminated. As always, the challenge will be to find a balance between the two competing interests, and to adopt a proportionate approach. Switzerland is committed to upholding these principles and to ensuring that international humanitarian law is applied more rigorously.http:/www.ejpd.admin.ch/ /newscenter 公报还说，瑞士不会容忍恐怖主义分子利用瑞士的金融系统，瑞士的银行保密制度不会保护恐怖主义，不会成为国际合作和刑事侦查的“障碍”。The Convention for the Suppression of the Financing of Terrorism extends liability to prosecution to the preliminary stages of terrorist activity in order to deprive terrorism of its financial base. A series of preventive and repressive measures are intended to prevent financial transactions which might otherwise contribute to the successful execution of terrorist operations. Switzerland signed the Convention two years ago. Its ratification will ensure that the Swiss financial center cannot be abused for the financing of terrorist activities. New criminal offencesBy putting two new criminal offences on the statute books as of 1 October 2003, the Federal Council has ensured that Switzerland can fulfil its obligations under the Convention for the Suppression of Terrorism Financing: Under the offence of terrorism financing, a person is punishable if they collect or provide assets in order to support the commission of terrorist offences. In addition, the provision on the responsibility of corporations, which has already been redrafted as part of the revision of the General Part of the Swiss Penal Code, will also be extended to cover the financing of terrorism. Identifying the users of prepaid cards公报说，瑞士政府在日召开的一次会议上研究了美国遭受恐怖主义袭击之后的局势，重申对受害者的同情，并且注意到了国际社会争取尽可能多的国家参加国际反恐怖主s. With its accession to the remaining two, against the financing of terrorism and against terrorist bombings, the Federal Council wishes to ensure that Switzerland does not become an attractive country for terrorists and those who support terrorist activities. 义活动的努力。瑞士愿与国际社会紧密合作，坚决打击恐怖主义。公报还说，瑞士不会容忍恐怖主义分子利用瑞士的金融系统，瑞士的银行保密制度不会保护恐怖主义，不会成为国际合作和刑事侦查的“障碍”。2005年5月，瑞士在其安全报告中称，瑞士虽然不是恐怖主义者的首选袭击地，但因为处在欧洲中心，也很有可能遭遇恐怖袭击。瑞士人不会任由恐怖袭击危害世界，他们会协助美国追查恐怖主义者的资产，也会加强对恐怖主义的情报搜集，防患于未然。人道主义红十字国际委员会于1863年在日内瓦创建，其使命是保护并帮助战争及暴力的受害者。委员会的15到25名成员都是瑞士人，其他工作人员来自世界各地。红十字会的基金主要来自国家或国际组织的自愿捐助。国际红十字会的任务遍布全世界，包括帮助战争受害者，在各种矛盾中充当调停者，宣传及倡导尊重人权法等。瑞士的武装力量是一个介于民兵与正规军之间的体制。瑞士政府中相当于一般国家国防部的部会称为“联邦防卫、公民保护与体育部”（德语：Eidgenssisches Departement fr Verteidigung, Bevlkerungsschutz und Sport），首长是瑞士联邦委员会的其中一位委员。无论如何，瑞士都有责任遵守联合国的决议，瑞士必须向联合国的制裁委员会通报。或早或晚该委员会都会过问瑞士的这一协议。这意味着，该协议并不是瑞士与美国之间的议题。两国都有各自的制裁措施。这件事掌握在联合国的制裁框架下。因此美国会对此事非常敏感。针对美国对该协议的态度，瑞士没有必要做出解释。一直以来，瑞士都因传统的替第三方保密的银行体制而备受舆论指责。周三，一位财政部发言人表示，这并不意味着现行的制度纵容犯罪的产生。“我们的体制根本不保护恐怖主义及任何形式的国际犯罪活动。因此，在保密体制与反对恐怖主义间并没有必然的冲突与障碍。”瑞士银行业者协会发言人托马斯苏特指出，将对其现有的顾客名单与美国提供的嫌犯名单对照。“如果我们发现了有关的人员及相关资产，我们将会及时的告知美国政府并迅速冻结。但这并不会打破目前银行的运作方式。” /Article/xinwen/wjlw/200706/10284.html/newscenter/2006-05/31/content_4624936.htm为了应对恐怖主义的威胁，瑞士联邦警察局在报告中呼吁政府有关部门加强情报搜集，特别是与邻国交界地区的情报搜集，以防极端分子把瑞士作为理想的活动基地Switzerland recently added three names to its existing list of over 500 people and organizations suspected of Islamic terrorist activity, and thus barred from opening a Swiss bank account, or even entering Switzerland. This is all part of an effort by Switzerland to try and get away from being known as a hideout for dirty money.东方网9月22日消息：瑞士政府日发表新闻公报说，瑞士希望美国针对恐怖主义目标进行的军事打击能够“适度”，并“充分顾及在场平民”，“不致引起暴力升级”。公报说，瑞士认为通过联合国等渠道进行的国际合作应该在对恐怖主义的斗争中发挥“首要作用”。为了有效打击恐怖主义，必须致力于“持续推动各民族之间的相互了解，解决经济发展差距”。公报说，瑞士政府在日召开的一次会议上研究了美国遭受恐怖主义袭击之后的局势，重申对受害者的同情，并且注意到了国际社会争取尽可能多的国家参加国际反恐怖主义活动的努力。瑞士愿与国际社会紧密合作，坚决打击恐怖主义。公报还说，瑞士不会容忍恐怖主义分子利用瑞士的金融系统，瑞士的银行保密制度不会保护恐怖主义，不会成为国际合作和刑事侦查的“障碍”。不管怎么样，在人道主义和世界人民向往和平的大趋势下，任何形式的恐怖主义都必然会是有良知者的公敌，这点毋庸置疑。Combating terrorism more effectivelyFederal Council preparing to ratify two UN ConventionsPress Release, FDJP, 26.06.2003Bern, 25.06.2003. Switzerland will ratify the last two UN Conventions on the combating of terrorism at the end of September. This will increase the effectiveness of efforts to suppress terrorism financing and terrorist bombings. Today, the Federal Council also enacted the necessary changes to the Swiss Penal Code, effective as of 1 October 2003.The importance of international cooperation in the prevention and combating of terrorism has grown beyond measure since the terrorist attacks on the USA on 11 September 2001. Under international law, the framework for these tasks is provided specifically by twelve UN Conventions and additional protocols on combating terrorism. Switzerland has already ratified and implemented ten of these Conventions. With its accession to the remaining two, against the financing of terrorism and against terrorist bombings, the Federal Council wishes to ensure that Switzerland does not become an attractive country for terrorists and those who support terrorist activities. Preventing and combating terrorist attacksThe Convention for the Suppression of Terrorist Bombings obliges States Parties to punish the originators of or those party to attacks conducted using explosives or other lethal substances, such as toxic chemicals or biological weapons. It also sets out provisions for international cooperation in the prevention and combating of terrorist attacks. The Convention is compatible with Swiss law currently in force and does not give rise to any additional obligations. Depriving terrorism of its financial baseThe Convention for the Suppression of the Financing of Terrorism extends liability to prosecution to the preliminary stages of terrorist activity in order to deprive terrorism of its financial base. A series of preventive and repressive measures are intended to prevent financial transactions which might otherwise contribute to the successful execution of terrorist operations. Switzerland signed the Convention two years ago. Its ratification will ensure that the Swiss financial centre cannot be abused for the financing of terrorist activities. New criminal offencesBy putting two new criminal offences on the statute books as of 1 October 2003, the Federal Council has ensured that Switzerland can fulfil its obligations under the Convention for the Suppression of Terrorism Financing: Under the offence of terrorism financing, a person is punishable if they collect or provide assets in order to support the commission of terrorist offences. In addition, the provision on the responsibility of corporations, which has already been redrafted as part of the revision of the General Part of the Swiss Penal Code, will also be extended to cover the financing of terrorism. Identifying the users of prepaid cardshttp:/www.ejpd.admin.chSwiss Banks Shun Terrorist Customers For centuries, Switzerland provided secret accounts, which tax-evaders, criminals and privacy minded people all used for their banking. There were other reasons, of course. Swiss banks have, for centuries, been noted for their stability and reliability.There are actually plenty of other countries that provide discreet banking services, but the terrorists wont be able to avail themselves of such services in Switzerland.Switzerland recently added three names to its existing list of over 500 people and organizations suspected of Islamic terrorist activity, and thus barred from opening a Swiss bank account, or even entering Switzerland. This is all part of an effort by Switzerland to try and get away from being known as a hideout for dirty money. for administrative purposes, where the information is to be used for the purposes of banking or financial market supervision. However, such information is provided to the foreign authority on the explicit understanding that it will not be passed to any tax authority; andfor the purposes of a criminal investigation, pursuant to a Swiss law on international co-operation in such matters (loi fderale sur lentraide internationale en matire pnale). Even if criminal proceedings are contemplated however, the matter must come before the Swiss courts to sanction co-operation, and it is by no means certain that they would do so. the Swiss tax authorities already have the right to demand information from Swiss banks when investigating a deliberate tax fraud; and under Article 4 of the USA-Switzerland Treaty on Mutual Assistance in Criminal Matters, it must use the same powers if it seeks to obtain information at the request of the USA.The current positionIt is clear that the conflict between confidentiality and disclosure and conflicting national interests will continue.Given that confidentiality is in the nature of a private or personal right and that disclosure may be seen as a matter of public interest transparency to uncover terrorist financing and tax evasion, it seems that disclosure is winning the argument at present and that this is likely to continue for the foreseeable future. As noted above, it appears that Switzerland is to cooperate with US tax investigations. Equally, Liechtenstein is examining ways of shedding the “tax haven” label, although it will not renounce bank secrecy. Future court decisions in the field of bank confidentiality will no doubt take into account this changed political climate.Yet the pendulum may swing back at a later date if it is found that personal data is unnecessarily placed at risk. As always, the challenge will be to find a balance between the two competing interests, and to adopt a proportionate approachCounter-terrorismNo matter what its origins or what form it takes, terrorism is a crime that no grievance can ever justify or excuse. It threatens not only the very fabric of our free and pluralistic society, but the rights of every individual too. Even if there is no internationally accepted standard definition of terrorism, there