There is currently an amnesty program allowing offshore banks to come forward and report their involvement in helping U.S. accountholders to evade tax obligations. There is also an amnesty program allowing individuals to come forward, report their own failures to report offshore accounts and pay a penalty.  

In July of 2015, Privatbank Von Graffenried AG became the 15th offshore bank to participate in the Swiss Bank Program. The Swiss Bank Program incentivizes foreign banks to turn over U.S.-affiliated customers who may not have complied with their reporting requirements or tax obligations. U.S. taxpayers are supposed to file annual reports of offshore bank accounts and pay taxes on income. 

The Department of Justice and the Internal Revenue Service continue to aggressively pursue legal action against accountholders affiliated with the United States who have undeclared offshore financial accounts. U.S. authorities are also going after banks who helped accountholders avoid their IRS reporting requirements. 

Berner Kantonalbank AG is one of many banks to become part of the Swiss Bank Program. The Swiss Bank Program was created by the Department of Justice to let banks avoid prosecution under U.S. tax laws and U.S. monetary laws. If the banks come forward, report their activities in connection with facilitating tax evasion and turn over information on U.S. accountholders, they can avoid having authorities press criminal charges.  The problem for accountholders is that when these banks come forward, this can lead to individuals being prosecuted for tax crimes. 

In 1996, Switzerland and the United States signed a tax treaty. After the signing, however, Swiss banks continued not to cooperate with U.S. authorities who wanted information on accountholders who were connected to the United States and who may have been evading their tax obligations.