According to information from the Agefi, the first requests for assistance sent to the banks Category 2 are neither nominative nor truly grouped. The request received by Geneva banks do not mention the names of the clients involved, but they do not either follow the pattern of clustered applications that had followed the UBS case.
“It is a hybrid model summarizes a lawyer who had to deal with some of these requests for assistance. These queries are not exactly grouped. Based on the information received through the program, the United States know that banks have customers they want to get the details ” report the Swiss newspaper.
The double taxation agreement in force with the United States dates back to 1996 and does not allow for collective applications, unlike that of 2009 which has been ratified in Switzerland but not in the United States, and therefore cannot be used.
These inquiries are the logical result of the US Tax Program. Unable to get client names directly, the US authorities used,for example, the organization of cross-border activity, names of managers and third parties involved (independent managers, lawyers, trustees), accounts number. The government has then all the elements to establish effective requests.
In case this would not be enough, the DoJ has also secured direct support of banks via the Non-Prosecution Agreement (NPA) for Category 2 banks that obliges the participating banks to assist the US counterparties in drafting requests for assistance.