Any person who wilfully:
fails to provide the National Bank with the information or the evidence required under Chapter 3 of this Act, or fails to comply with formal requirements, or provides incomplete or inaccurate information or evidence;
prevents a review ordered or carried out by the National Bank;
shall be liable to a fine not exceeding 200,000 Swiss francs.27
If the offending party acts through negligence, the penalty shall be a fine not exceeding 100,000 Swiss francs.
The Department shall prosecute and adjudicate such offences in accordance with the provisions of the Federal Act of 22 March 197428 on Administrative Criminal Law.
The ascertainment of the criminally liable persons may be dispensed with and instead the business operation may be ordered to pay the fine (Art. 7 of the Administrative Criminal Law Act of 22 March 1974) where:
the ascertainment of the persons who are criminally liable under Article 6 of the Administrative Criminal Law Act of 22 March 1974 requires investigative measures that are disproportionate in comparison with the penalty incurred; and
The right to prosecute offences is subject to a seven-year prescriptive period.31