Sécurité

La Suisse est prête à apporter des modifications au cadre réglementaire

Michael Wight Michael Wight décembre 18, 2018
2 minutes read
réglementation suisse

Le Secrétariat d’État aux questions financières internationales de la Suisse (SIF) a adopté un nouveau rapport intitulé «Cadre juridique de la technologie du registre distribué et de la blockchain en Suisse».

Il montre l’intérêt de l’organisation d’aider la Suisse à élaborer et à améliorer les lois relatives aux nouvelles technologies, en particulier l’innovation en matière de la blockchain et la technologie de registre distribué.

La Suisse sera-t-elle le nouveau refuge pour la blockchain?

Le rapport couvre le potentiel de la technologie de la blockchain dans le pays, tout en soulignant ses «développements remarquables et prometteurs… pour l’innovation et une sécurité renforcée».

Le rapport avait un ton très positif, mais il soulignait également l’absence de cadre réglementaire concernant la blockchain et les autres technologies associées.

Il couvrait également certaines des principales utilisations du DLT et de la blockchain dans un environnement international. En outre, il abordait également les problèmes liés à l’utilisation de la technologie, en particulier sur le marché financier, en raison de l’absence d’un cadre juridique.

Le rapport fournit des conseils sur le même sujet:

  • Le pays devrait adopter une approche réglementaire et législative neutre sur le plan technologique et fondée sur des principes.

Les décideurs devraient élaborer un cadre favorisant l’innovation.

  • Le pays doit faire des ajustements liés aux applications de blockchain et DLT.
  • Les autorités devraient être disposées à apprendre et à accepter les nouvelles technologies.
  • Le pays devrait travailler à améliorer son image et se présenter comme un lieu convivial pour les sociétés de blockchain et de DLT.

Le rapport souligne également la nécessité d’utiliser les avantages de la blockchain et d’autres technologies similaires. L’organisation semble très intéressée par le fait d’attirer des affaires de la blockchain vers le pays:

«[Le Conseil fédéral] souhaite créer les meilleures conditions de cadres possibles pour que la Suisse puisse s’établir et devenir une destination leader, innovante et durable pour les entreprises de la fintech et de la blockchain.»

Quel est le but?

L’objectif principal est d’aider le secteur local de la blockchain, qui semble actuellement en difficulté. L’organisation vise à utiliser une «approche ascendante» pour aider le secteur à se développer.

Selon le rapport, l’organisation a l’intention d’utiliser l’approche du laissez-faire pour aider le marché. Elle laisse la prise de décision au marché. Cela contribue à renforcer la confiance dans le secteur et lui donne un aspect plus optimiste.

Le rapport dit:

« Les préférences du marché et de la société devraient décider quelles technologies prévalent, tandis que la politique devrait garantir des conditions-cadres optimales et propices à l’innovation. »

La nécessité d’un cadre réglementaire

Le rapport souligne la nécessité d’un nouveau cadre également en raison de la présence de menaces telles que les blanchisseurs d’argent:

«Ce changement de paradigme (c’est-à-dire le passage de structures centralisées à des structures décentralisées) constitue également des défis majeurs pour le ou les régulateurs. Les mêmes objectifs s’appliqueront aux structures décentralisées comme aux marchés financiers organisés de manière centralisée. « 

Que conclut le rapport

Bien que le rapport inclue un examen complet du Code Pénal Suisse, il se garde bien de prédire l’avenir. Il confère le pouvoir aux intermédiaires, notamment à la police et aux organisations financières:

«Les intermédiaires financiers doivent respecter les obligations de diligence pour empêcher le blanchiment d’argent et le financement du terrorisme, ainsi que les obligations en cas de soupçon de blanchiment d’argent. Les obligations de diligence [comprennent] clarifier le type et le but de la relation commerciale. »

La Suisse travaille depuis quelque temps déjà à l’amélioration du secteur, mais elle n’a pas pu atteindre ses objectifs. Cependant, avec maintenant l’espoir d’un meilleur cadre, les choses pourraient bientôt changer pour le mieux.

Michael Wight

Michael Wight

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