PostFinance is to receive a bank charter on 26 June 2013. As part of this change, new General Terms and Conditions (GTC) will be effective on that date. PostFinance will continue to be required to provide "basic services" to residents of Switzerland. However, PostFinance will be able to cancel or exclude banking relationships where the legal or reputational risk is perceived as too great or where the cost of compliance is considered too high. These new rules could be readily used against Americans resident in Switzerland if PostFinance so decides. Here is a relevant excerpt with highlights added:
New PostFinance General Terms and Conditions (GTC):
"b) Special rules for payment transactions as a public
service:
PostFinance can prevent customers from using payment
transaction services in accordance with postal legislation (public
service) if carrying out the service would be contrary to national
or international provisions related to financial market, money
laundering or embargo legislation or if there is a danger of
serious legal and reputational damage.
A customer may be partially or fully excluded from the named
services in particular:
– if PostFinance or its employees would be breaching internatio-
nal agreements or sanctions, legal provisions, regulatory
specifications or official rulings by supplying the customer in
question with the public service;
– if PostFinance would suffer significant financial risks by
allowing the customer to benefit from its services;
– if PostFinance would incur undue expenditure by monitoring
the customer relationship in order to meet its obligations of
due care;
– if the customer refuses to cooperate to enable PostFinance to
meet its obligations of due care or if the customer knowingly
makes it harder or impossible for PostFinance to do so;
– if PostFinance becomes aware of dishonest, illegal or criminal
customer behaviour, for example phishing, undeclared assets
or unauthorized financial intermediation;
– if the customer deposits assets obtained through the
dishonest, illegal or criminal actions of third parties;
– if the customer uses force or serious threats against
PostFinance or its employees;
– if the customer fails to settle a negative balance despite
reminders being sent on multiple occasions."
https://www.postfinance.ch/content/d..._pf_gtc_en.pdf
Also, the PostFinance sent a letter dated 16 January 2013 called in German "Information zu den neuen Allgemeinen Geschäftsbedingungen und zu den wichtigsten Teilnahmebedingungen der PostFinance AG" (Information on the new General Terms and Conditions and on the most important participation conditions of the PostFinance AG). Below is a relevant excerpt (translated):
"Legal and Regulatory Changes
With receipt of the bank license additional obligations of financial market law will be incurred by the PostFinance AG. These can supersede the basic service requirement for payment transactions: as the PostFinance AG we must be able to cancel problematic business relationships. The concrete cases are covered in the General Terms and Conditions. Moreover, the PostFinance AG must be able to react to international challenges in financial markets legislation (source tax, FATCA, etc.) ."