Dated 15th June 2005
To,
Mr. Paul Wolfowitz Esq.,
President,
World Bank,
Hon’ble Sir,
Subject: Illegal
Money protected by the Law of Swiss Banking Secrecy
First
of all I must refer about me:
a) I am a life member of Transparency International,
India Chapter, since its inception.
b) Under the leadership of Shri S. D. Sharma, the Founder
Leader of TI India Chapter and Renowned Freedom Fighter, we four persons sat on Indefinite Fast demanding establishment of
“Lokpal” an Indian Ombudsman System. After two day we withdrawn our Fast under strong persuasions from Renowned
Lawyer of India Shri Soli Sorabji, Shri Raj Mohan Gandhi (Son of Late Mahatma Gandhi) Justice Rajinder Sachar and one Renowned
Journalist with assurance that they have been convinced that the then Prime Minister is keen to enact the Law at earliest.
But, subsequently, assurance was failed.
c) Now once again our Notice is pending with the present
Government headed by Dr. Man Mohan Singh that in case Government fail to enact the law to establish Lokpal Institution, before
its 2nd Anniversary in Power, then again we four (one person new from Orissa-India) will sit on FAST UNTO DEATH
on and from 16th May 2006, as also reported in last issue of Transparency International India Chapter Bulletin.
d) I am fighting against corruption since my childhood:
https://milapchoraria.tripod.com/msp
World Bank has identified
corruption as the single greatest obstacle to economic and social development. It undermines development by distorting the
rule of law and weakening the institutional foundation on which economic growth depends. The harmful effects of corruption
are especially severe on the poor, who are hardest hit by economic decline, are most reliant on the provision of public services,
and are least capable of paying the extra costs associated with bribery, fraud, and the misappropriation of economic privileges.
The ultimate goal of the World Bank's strategy to help countries address corruption is to help countries move from systemic
corruption to an environment of well-performing government that minimizes corruption's negative effect on development. Corruption
sabotages policies and programs that aim to reduce poverty, so attacking corruption is critical to the achievement of the
Bank's overarching mission of poverty reduction. But, intention of Swiss Government is otherwise different than what World
Bank had intended.
Time and again this
appears that most of the powerful but corrupt politicians and Bureaucrats, unscrupulous businessmen, organised mafia and terrorists
protecting their flow of illegal source through depositing in the Financial Sectors of Countries, which providing full protections
to such money in the garb of Banking Secrecy. In this respect till today the name of the Switzerland is at the Top, which
providing full protections to illegal money, through banking secrecy protected through a strong but untenable bargain point that “the protection of a person private sphere is guaranteed by the Federal Constitution,
which includes the financial privacy of bank clients. The professional obligation to confidentiality expected from a banker
could be comparable to the one expected from physicians, lawyers or priests. It is subject to specific regulations and is
protected by provisions of the law. Amending these laws would require the approval of the Swiss Parliament and
- most probably - of the Swiss people through a referendum. As recently as last December, the Parliament discussed
the eventuality to specifically mention the right to financial privacy in the Constitution, thus sending a message of the
Swiss willingness to defend this principle well-rooted in our tradition”. Such policy of the Swiss Government is completely against the Purposes of establishment of the United Nations as described and defined under UN Charter under Chapter I Article 1,
and causing serious threats to aforesaid goal fixed by the World Bank. From the aforesaid Policy it is ample clear that Swiss Government and Parliament continuously are going to infringe
fundamental rights of the general public of other countries, -wherefrom illegal money is coming to Swiss Financial Centre-,
which seriously affecting economical growths and development of such countries, in the garb of alleged Constitutional protection
based on untenable arguments and logics.
On the one hand Switzerland admitting
that “Corruption” is another aspect of financial crime that has gained importance in the international arena over
the past few years and claiming its close co-operation with International Community to ensure fight against corruption, organized
crime and terrorism and to meet the challenges raised by globalization and technological developments. But, contrary to such
commitment, we have seen that Swiss Authorities withheld respective evidences in the garb of the Constitutional Guarantee
of the Banking Secrecy, thus provided full protections to influential criminals, who taken bribes in Bofors Gun Deal between
Bofors Company and India Government. Similarly, Swiss Government time and again making false claims that “anonymous accounts” are not exists in Switzerland.
In fact Swiss Government is equally responsible for 9/11 attack
on World Trade Center of New York, as the most money of the Terrorist were routed through Swiss Banks. Therefore, if Swiss
Government not ready to remove such embargo against “Right to information”, the worldwide, accepted principle
necessary for democratic governance, then Security Council should impose sanctions against Switzerland, for ignoring the purpose
of the establishment of UNO, and World Bank and IMF also takes appropriate action against it.
Financial figures
available from Swiss Government is also not corroborating with the claims of Swiss Government. “Investment from foreign
customers in Asset Management accounted for a share of approximately 57%, of all assets held, 42.1% came from private clients
and 47.5% from institutional investors. Commercial clients accounted for the remaining 10.4%”. Swiss financial sector
manages roughly a third of all worldwide financial assets invested abroad. It consequently holds a leading global position
in the rapidly growing asset management sector. Assets in customer accounts managed by Swiss banks as of end of 2001 amounted
to CHF 3 320 billion. Switzerland also has
the world's 5th largest bond market and accounts for more than 1/4 of all the money flowing into the global hedge fund industry.
Such 57%, which arising to CHF 1 881 billion in Foreign Asset Management is invested
by the foreign clients certainly from developing countries, through hiding routes. Reportedly rest 43% is also not
from the Swiss Citizens. Its important part accounted from admitted unclaimed assets in the Swiss Financial sector belongs
to Corrupt Politicians, bureaucrats, unscrupulous businessmen, and others from developing countries.
As per a roaming report a File is exists in India’s Civil Vigilance Commission, indicating
that amount between $US 400 - 1100 Billions Dollars of the Black money from India are deposited in Swiss and other foreign
Banks by the Corrupt Politicians, Bureaucrats and unscrupulous Businessmen. Since, control of the Government is not free
from embracement from the Powerful but Corrupt Politicians, whose money might be in Swiss Banks, as a result, Government of
India is not initiating the matter in appropriate manner.
Therefore I have placed my following legitimate demands with the Swiss Government:
1) “Switzerland Government should ensure supply of
the authenticated or originals of Swiss documents related to Bofors Bribery Case, on
or before 30th June 2005 to Indian Investigation Agency: Central Bureau of Investigation."
2) “Switzerland Government should agree in principle to discloses
the Amount with the names of the Countries in respect of “Unclaimed Assets”.
3) All details about all accounts
having opened with the Swiss Financial Sector/Banks since 1948 with the names (wherever names available with the
Banks) with the finance from India and other details to disclose before the Indian Authorities and to change its
laws accordingly.
In
case, the Swiss Government does not accept my demands within this period, I shall start my FAST UNTO DEATH out side Swiss
Embassy at Delhi, on and from 1st July 2005.
With Best Regards,
Yours truly,
(MILAP CHORARIA)
Convenor : Movement for Accountability
to Public (MAP):
http://groups.yahoo.com/group/MAP_INDIA https://milapchoraria.tripod.com/msp
Columnist : For Several DAILY Newspapers in India
Life Member of India Chapter of Transparency
International and associated with several other organisations
Author: “A MODEL OF NEW CONSTITUTION FOR INDIA”
and
“MYSTERIES of POLITICS-CRIME-NEXUS”
B-5/52, Sector-7, Rohini, New Delhi-110 085 (INDIA)
Email: Milap_choraria@yahoo.com
Copies to
1.
His
Excellency President of the Swiss Confederation Mr. Samuel Schmid,
2.
His
Excellency Vice-President of Swiss Confederation Mr. Moritz Leuenberger
3.
Hon’ble
Mr. Joseph Deiss Head of the Swiss Federal Department of Economic Affairs
4.
Secretariat-General
FDF Swiss Federal Department of Finance
5. Ms. Micheline Calmy-Rey, Head Swiss Federal Department of Foreign Affairs (Through
Message Box): http://www.calmy-rey.admin.ch/e/contact/cntrequest.aspx
6. Swiss Political Affairs Division
II - Asia / Pacific
7. Swiss Political Affairs Division
V - Economic and Financial Affairs
8. Swiss UN – Coordination
9. Swiss Federal Banking Commission
10. Smt. Sonia Gandhi, President of Congress Party and Chairperson
of UPA; through self Email ID and also through Smt. Ambika Soni and Shri Anand
Sharma,
11.
Shri Lal Krishna Advani, Leader of Opposition in Loksabha;
12. Shri Jaswant Singh Ji, Leader of Opposition in the
Rajya Sabha.
13. Shri Prakash Karat, General Secretary, Communist Party
of India (Marxist)
14. Home Secretary, Government of India;
15.
The Commissioner of Police, Delhi;
16. Chief Vigilance Commissioner, and other Two Commissioners,
Central Vigilance Commission.
17. Director, Central Bureau of Investigation.
18.
His
Excellency Mr. Kofi A. Annan, Secretary-General of UNO through Director,
Mr. Sarbuland Khan, Department for Economic and Social Affairs
19. His Excellency
President of European Union Mr. José Manuel Barroso
20.
The
Spokesperson of The President of European Union Mr. José Manuel Barroso
21.
Secretariat-General
European Union
22.
Commissioner
for Economic and Monetary Affairs, European Union Joaquín Almunia
23. Commissioner
for Employment, Social Affairs and Equal Opportunities, European Union Mr. Vladimír Špidla
24.
His
Excellency Mr. Paul Wolfowitz, President of the World Bank,
25. Board of Directors
IMF, through IMF Centre,
26.
His
Excellency Swiss Ambassador to India,
