Swiss Urged to Reform Whistleblower Laws, Boost Bribery Fines

A High-Level Mission from the OECD Working Group on Bribery met with Swiss authorities from the executive, judicial and legislative branches. It expressed concerns over Switzerland's continued lack of progress in adopting two key legislative reforms that would protect whistleblowers in the private sector and increase the statutory maximum fine for companies convicted of foreign bribery.

These concerns were expressed during a 16-17 June visit to Bern in the context of continuing monitoring of implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, of which Switzerland is a Party since July 2000.

The Working Group on Bribery, composed of the 46 State Parties to the OECD Anti-Bribery Convention, including Switzerland, monitors implementation of the Convention through a peer-review process. Its decision to send a High-Level Mission to Bern was driven by concerns that the absence of legislative progress could weaken Switzerland's role as a leading foreign bribery enforcer. The mission was led by the Chair of the Working Group, Kathleen Roussel, and included delegates from several member countries.

During the mission, the delegation met with senior Swiss officials from the executive, judicial and legislative branches, including Federal Councillor Beat Jans, Head of the Federal Department of Justice and Police, Attorney General Stefan Blättler, as well as senior members of the Standing Parliamentary Delegation for Participation in OECD Activities and the Legal Affairs Committees of both Chambers of the Federal Assembly.

The delegation acknowledged Switzerland's active enforcement of foreign bribery offences. At the same time, it noted that all attempts since 2018 to introduce legislation to protect private sector whistleblowers or to increase the maximum level of fines for legal persons convicted of foreign bribery have failed. There are currently no legislative initiatives under way to address these issues, which limits Switzerland's capacity to detect foreign bribery and the dissuasiveness of sanctions as required by Article 3(2) of the Convention.

"We thank the Swiss authorities for their willingness to meet and discuss our concerns," said Kathleen Roussel, Chair of the Working Group on Bribery. "Switzerland remains one of the most active countries in prosecuting foreign bribery, and the Office of the Attorney General and cantonal authorities, especially in Geneva, play a key role in enforcement, demonstrating Switzerland's commitment to implement the OECD Anti-Bribery Convention. To maintain this momentum and reinforce Switzerland's leadership, it is essential to adopt adequate whistleblower protection legislation and to increase the maximum corporate fine for foreign bribery offences, in line with the standards and expectations set by the Working Group on Bribery."

"We thank the delegation from the Working Group for the constructive and fruitful discussions during its visit in Bern," stated Federal Councillor Beat Jans. "The visit helps us broaden our perspectives and provides further opportunities to understand the challenges we face while countering international corruption."

The Working Group will consider the outcome of the mission and Switzerland's implementation of the Convention during its 24-27 June 2025 plenary meeting and decide on next steps in its monitoring process.

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