Asset Recovery Letter by C4, Bersih 2.0 and Global Bersih

Ueli Maurer Federal Councillor Federal Department of Finance Bundesgasse 3 CH-3003 Bern Mark Branson Chief Executive Officer FINMA Laupenstrasse 27 CH-3003 Bern Kuala Lumpur, 30 October 2017 1 MDB / Restitution of Confiscated Assets to Malalzsia Dear Mr Maurer, Dear Mr Branson, We are writing to you on behalf of Malaysian civil society organisations, comprising NGOs, which represents the Malaysian people whose interests have been damaged by the unlawful conduct of the Malaysian government and its representative in the management of Malaysia's state fund lMalaysian Development Berhad (1MDB). We are referring to the enforcement procedures by the Financial Market Supervisory Authority (FINMA) against various Swiss banks related to the 1MDB corruption scandal which has, since May 2016, led to the confiscation of 104 million Swiss franks in illicit profits from BSI Bank Limited (95 million CHFJ, Coutts Private Bank (6.5 million CHF) and Falcon Private Bank (2.5 million CHF). We understand that these enforcement decisions are still under appeal, pending a decision by the Federal Administrative Court. We have learned that the CHF 104 million have been confiscated under Article 35 of the Swiss Financial Market Supervision Act of 22 |une 2007 which states that "The confiscated assets go to the Confederation unless they are paid to the parties suffering loss." We hereby humbly claim that all 1MDB-related assets confiscated by Swiss regulatory or criminal authorities in the past and in the future be restituted to a body or organisation whereby the monies will be used to advance the human rights and democracy in Malaysia. Malaysian tax-payers and society as a whole have suffered enormous losses from the embezzlement of 1MDB assets by a small group of persons connected to Malayisan Prime Minister Najib Razak. We are aware that your government is considering to retain the confiscated assets and we urge for a re-consideration. We are of the view that it is the Swiss banks who were, directly or indirectly, involved in the laundering of billions of dollars of embezzled Malaysian state funds in violation of their legal and fiduciary duties. We seek the cooperation of the Swiss government to find away to restitute the confiscated assets to Malaysia in a similar way as stipulated in articles 17 and 18 of the Swiss Federal Act on the Freezing and the Restitution of lllicitAssets held by Foreign Politically Exposed Persons. Article 17 states that restituted funds should be used to "improve the living conditions of the inhabitants of the country af origin' or 'ro strengthen the rule of law in the counfiy of origin and thus to contribute to the fight against impunity." Article 18 states inter alia that the restitution of confiscated assets "is made through the financing of programmes of public interest"and that, to the extent possible, "it shall include non-governmental organisations in the restitutian pracess." Mr. Maurer, Mr. Branson, we trust that Switzerland will live up to its excellent reputation in recovering stolen assets and return the confiscated funds to the Malaysian people. We can be contacted at our email address: Malaysia-Swiss Asset Recovery Initiative and Tel: +603- 7 9322507. We look forward to your reply. Yours sincerely, Cynthia Gabriel (Executive Director, C4) Maria Chin Abdullah (Chairperson, Bersih 2.0) Bala Chelliah (President, Global Bersih) Copies to: - Federal Councillor Dr,Ignazio Cassis - Federal Councillor Simonetta Sommaruga - Roland Rino Biichel, Chair Foreign Affairs Committee National Council - Christian Lewat, ChairForeignAffairs Committee Council of States - Bruno Manser Fund Basel