Banking secrecy, alternatively known as financial privacy, banking discretion, or bank safety,
[Guex (2000), p. 240] is a
conditional agreement between a bank and its clients that all foregoing activities remain secure,
confidential, and private. Most often associated with
banking in Switzerland
Banking in Switzerland dates to the early 18th century through Switzerland's merchant trade and over the centuries has grown into a complex and regulated international industry. Banking is seen as very Culture of Switzerland, emblematic of Swit ...
, banking secrecy is prevalent in
Luxembourg
Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...
,
Monaco
Monaco, officially the Principality of Monaco, is a Sovereign state, sovereign city-state and European microstates, microstate on the French Riviera a few kilometres west of the Regions of Italy, Italian region of Liguria, in Western Europe, ...
,
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
,
Singapore
Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...
,
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, and
Lebanon
Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
, among other
off-shore banking institutions.
Otherwise known as bank–client confidentiality or banker–client privilege,
the practice was started by
Italian merchants during the 1600s near
Northern Italy
Northern Italy (, , ) is a geographical and cultural region in the northern part of Italy. The Italian National Institute of Statistics defines the region as encompassing the four Northwest Italy, northwestern Regions of Italy, regions of Piedmo ...
(a region that would become the
Italian-speaking region of Switzerland).
Geneva bankers established secrecy socially and through civil law in the
French-speaking region during the 1700s.
Swiss
Swiss most commonly refers to:
* the adjectival form of Switzerland
* Swiss people
Swiss may also refer to: Places
* Swiss, Missouri
* Swiss, North Carolina
* Swiss, West Virginia
* Swiss, Wisconsin
Other uses
* Swiss Café, an old café located ...
banking secrecy was first codified with the
Banking Act of 1934, thus making it a crime to disclose client information to third parties without a client's consent. The law, coupled with a stable Swiss currency and international neutrality, prompted large capital flight to private Swiss accounts. During the 1940s,
numbered bank accounts were introduced creating an enduring principle of bank secrecy that continues to be considered one of the main aspects of
private banking
Private banking is a general description for banking, investment and other financial services provided by banks and financial institutions primarily serving high-net-worth individuals (HNWIs) – those with very high income or substantial asset ...
globally. Advances in
financial cryptography (via
public-key cryptography
Public-key cryptography, or asymmetric cryptography, is the field of cryptographic systems that use pairs of related keys. Each key pair consists of a public key and a corresponding private key. Key pairs are generated with cryptographic alg ...
) could make it possible to use anonymous electronic money and anonymous digital bearer certificates for financial privacy and anonymous Internet banking, given enabling institutions and secure computer systems.
While some banking institutions voluntarily impose banking secrecy institutionally, others operate in regions where the practice is legally mandated and protected (e.g.
off-shore financial centers). Almost all banking secrecy standards prohibit the disclosure of client information to third parties without consent or an accepted
criminal complaint. Additional privacy is provided to select clients via
numbered bank account Numbered bank accounts are bank accounts wherein the identity of the holder is replaced with a multi-digit number known only to the client and selected private bankers. Although these accounts do add another layer of banking secrecy, they are not c ...
s or underground bank vaults.
Recent research has indicated that the use of offshore financial centers has been of concern because criminals get involved with them. It is argued that these financial centers enable the actions of criminals. However, there have been attempts by global institutions to regulate money laundering and illegal activities.
Switzerland
United States
Europe
Overseas territories
Links to financial crime
Numbered bank accounts, used by Swiss banks and other offshore banks located in tax havens, have been accused by the international community of being a major instrument of the underground economy, facilitating tax evasion and money laundering.
After
Al Capone
Alphonse Gabriel Capone ( ; ; January 17, 1899 – January 25, 1947), sometimes known by the nickname "Scarface", was an American organized crime, gangster and businessman who attained notoriety during the Prohibition era as the co-foun ...
's 1931 condemnation for tax evasion, according to journalist
Lucy Komisar:
mobster Meyer Lansky
Meyer Lansky (born Maier Suchowljansky; July 4, 1902 – January 15, 1983), known as the "Mob's Accountant", was an American organized crime figure who, along with his associate Lucky Luciano, Charles "Lucky" Luciano, was instrumental in the dev ...
took money from New Orleans
New Orleans (commonly known as NOLA or The Big Easy among other nicknames) is a Consolidated city-county, consolidated city-parish located along the Mississippi River in the U.S. state of Louisiana. With a population of 383,997 at the 2020 ...
slot machines and shifted it to accounts overseas. The Swiss secrecy law two years later assured him of G-man-proof-banking. Later, he bought a Swiss bank and for years deposited his Havana casino take in Miami accounts, then wired the funds to Switzerland via a network of shell and holding companies and offshore accounts.
Economist and
Nobel Prize
The Nobel Prizes ( ; ; ) are awards administered by the Nobel Foundation and granted in accordance with the principle of "for the greatest benefit to humankind". The prizes were first awarded in 1901, marking the fifth anniversary of Alfred N ...
laureate
Joseph Stiglitz
Joseph Eugene Stiglitz (; born February 9, 1943) is an American New Keynesian economist, a public policy analyst, political activist, and a professor at Columbia University. He is a recipient of the Nobel Memorial Prize in Economic Sciences (2 ...
, told Komisar:
You ask why, if there's an important role for a regulated banking system, do you allow a non-regulated banking system to continue? It's in the interest of some of the moneyed interests to allow this to occur. It's not an accident; it could have been shut down at any time. If you said the US, the UK, the major G7 banks will not deal with offshore bank centers that don't comply with G7 banks regulations, these banks could not exist. They only exist because they engage in transactions with standard banks.
Future Research
Further research in
politics
Politics () is the set of activities that are associated with decision-making, making decisions in social group, groups, or other forms of power (social and political), power relations among individuals, such as the distribution of Social sta ...
is needed to gain a better understanding of banking secrecy.
For instance, the role of economic interests, competition between financial centers, and the influence of political power on international organizations like the
OECD
The Organisation for Economic Co-operation and Development (OECD; , OCDE) is an international organization, intergovernmental organization with 38 member countries, founded in 1961 to stimulate economic progress and international trade, wor ...
are great places to start.
See also
*
Tangier International Zone
The Tangier International Zone (; ; ) was a international zone centered on the city of Tangier, Morocco, which existed from 1925 until its reintegration into independent Morocco in 1956, with interruption during the Spanish occupation of Tang ...
*
Numbered bank accounts
*
Safe deposit box
A safe deposit box, sometimes referred to as a safety deposit box, is an individually secured container, usually held within a larger safe or bank vault. Safe deposit boxes are generally located in banks, post offices or other institutions. S ...
*
Financial privacy laws in the United States
*
Privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.
The domain of privacy partially overlaps with security, which can include the concepts of a ...
References
Bibliography
* Guex, Sébastien. 2000.
The Origins of the Swiss Banking Secrecy Law and Its Repercussions for Swiss Federal Policy. ''
Business History Review
The ''Business History Review'' is a scholarly quarterly published by Cambridge University Press for Harvard Business School. ''Business History Review'' is a peer-reviewed academic journal covering the field of business history. It was establishe ...
''. pp. 237–266.
{{Authority control
Banking
Privacy
Swiss inventions
Secrecy
Personal finance