No transparency about gold imports in Switzerland Holcim is divesting itself of activities in Uganda and Tanzania

The figures on Swiss gold imports remain secret. On Wednesday, the Federal Court dismissed a complaint from the Society for Threatened People (GfbV). The aim was to create transparency about this trade, in which Switzerland plays a role.

The first public law department took its decision by a majority of four judges against one judge. Like the Federal Administrative Court last year, the Federal Court has decided that the data of four important companies active in this sector, including the exporting country, is subject to tax secrecy.

The majority of judges recalled that tax secrecy was a limitation and therefore an explicit legal basis for a derogation was needed. The Transparency Act (BGÖ), which the Association for Endangered Peoples relies on, is not sufficient in this regard.

Even if the import of gold is not subject to VAT, the data would be collected by the Federal Office for Customs and Border Protection (BAZG) and forwarded to the Federal Tax Authorities.

A matter for Parliament

During the revision of the VAT law in 2008, the legislator failed to harmonize the law with the BGÖ, the court emphasizes. It follows that the Federal Court cannot interpret these texts in the sense desired by the complainant. The complainant should appeal to Parliament if she wants to create transparency about the gold trade in Switzerland.

The majority of the council also rejected the proposal of the Federal Data Protection and Information Commissioner (FDPIC). He had suggested blacking out the names of the importing companies in the version sent to the Society for Threatened Peoples. According to the judges, this measure would not be sufficient to maintain tax secrecy, as only four easily identifiable companies are affected.

The losing judge, in turn, believed that the tax secrecy argument was far-fetched given the lack of taxation. He also recalled that the route taken by the complainant via the BGÖ was not an abuse.

Although this text aims to control the activities of the state, it is not an independent entity that has no relationship with society, private individuals and companies. It is therefore inevitable that data about the latter is passed on in this way.

Big disappointment

The Society for Threatened Peoples (STP) noted the Federal Court’s decision with “great disappointment”. By rejecting the GfbV’s request to disclose the gold suppliers to the gold refineries, the Federal Court is absurdly protecting trade secrets, according to a press release. The organization states that transparency from producer to consumer is essential to put an end to dirty business.

The Society for Threatened Peoples has requested figures on gold imports into Switzerland for the years 2014 to 2017 from the Federal Office for Customs and Border Protection. She was interested in the data of seven companies, including two banks.

After mediation by the FDPIC, the agency agreed. However, the companies Argor-Heraeus, Metalor Technologies, MKS and Valcambi filed a complaint with the Federal Administrative Court. The latter declared her objection well-founded. She was of the opinion that the gold import figures were subject to tax secrecy because they were also used to calculate VAT.

(jam/sda)