Leistungen A-Z

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As an obliged entity under the German Money Laundering Act (GwG), you must create appropriate business and customer-related internal security measures to manage and mitigate the risks of money laundering and terrorist financing through suitable principles, procedures and controls.

You can also transfer the implementation of internal security measures to an (external) third party within the framework of contractual agreements.

However, you must first notify the competent supervisory authority of the intended outsourcing.

The GwG contains standard examples of the security measures to be taken (Section 6 (2) GwG). This list is not exhaustive. Further internal security measures may be required in individual cases.

The internal security measures still require the approval of the person responsible for money laundering prevention at management level in your company.

As the obligated party, you may have the internal security measures carried out by an (external) third party within the framework of contractual agreements if you have notified the supervisory authority in advance. The supervisory authority may prohibit the transfer if

• The third party does not guarantee that the security measures will be carried out properly.
• the control options of the obligated party are impaired or
• the supervision by the supervisory authority is impaired.

For you as the obligated party, this means that you must state in your notification that the conditions for prohibiting the transfer are not met.

You must also state in the notification which internal security measures are the subject of the outsourcing.

The notification must be made by the obligated company itself or, if applicable, by the appointed money laundering officer.

Important note:

Responsibility for the fulfillment of the internal security measures remains with the obliged entity. If the third party does not properly fulfill the contractually assigned obligations, for example, you remain responsible for non-compliance with the internal security measures.

Obliged parties under the Money Laundering Act

Only natural or legal persons who are obligated parties under the Money Laundering Act are entitled to report money laundering.

The person making the report must be a member of management or an internal or external money laundering officer of the company.

The third party must be sufficiently qualified and reliable to carry out the internal security measures and offer the guarantee that the security measures will be carried out properly.

In addition, the outsourcing must not impair the control options of the obliged entity or the supervision of the supervisory authority.

Notification of the outsourcing of internal security measures

The notification must clearly state which internal security measures are to be outsourced.

In addition, the notification of outsourcing must state in full and in writing that all requirements have been met and that there are no grounds for prohibiting the intended outsourcing.

Proof of authorization to notify

Proof of appointment as money laundering officer or money laundering officer or

Contract on the outsourcing of internal security measures or

Proof that the reporting person is a member of the company's management (e.g. extract from the commercial register or shareholders' agreement)

Contract with the third party

Copy of the contractual agreement with the third party to whom the security measures are to be outsourced.

Current excerpt from the commercial register

Registered companies should submit a current excerpt from the commercial register with the notification. Legal entities in the process of being established (GmbH, AG) must submit the articles of association.

As an obligated company, you submit the report to the competent supervisory authority yourself or, if applicable, through the appointed anti-money laundering officer.

Your notification will be reviewed by the competent authority.

After notification, the internal security measures can be carried out by a third party; prior approval from the authority is not required.

The supervisory authority may prohibit the transfer to a third party if

• the third party does not guarantee that the security measures will be carried out properly,
• the control options of the obligated party are impaired as a result, or
• supervision by the supervisory authority is impaired

Notification of the outsourcing of internal security measures must be made prior to outsourcing

After notification, the internal security measures can be implemented; prior approval by the authority is not required.

Financial companies, insurance brokers, service providers for companies and for trust assets or trustees, real estate brokers, goods traders

(§ 2 para. 1 no. 6, 8, 13, 14, 16 GwG):

Ministry of Economic Affairs, Labor and Energy of the State of Brandenburg

Heinrich-Mann-Allee 107,

14473 Potsdam

Tel.: +49 (0) 331 866 -1778 or +49 (0) 331 866 -1735

FAX: +49 (0) 331 866 1583

Mail: geldwaesche@mwae.brandenburg.de

Gambling (Section 2 (1) No. 15 GwG):

Ministry of the Interior and Municipal Affairs

of the State of Brandenburg

Henning-von-Tresckow-Straße 9 - 13

14467 Potsdam

Phone: +49 (0) 331 866 -2221

Gluecksspielaufsicht@mik.brandenburg.de

Bookmakers, totalizers (Section 2 (1) No. 15 GwG):

Ministry of Agriculture, Environment and Climate Protection
Henning-von-Tresckow-Str. 2-13, House S
14467 Potsdam

Telephone: +49 (0) 331 866-7001

• Https://mluk.brandenburg.de

§ Section 6 (1) of the Money Laundering Act (GwG) for the basic obligation to take security measures

§ Section 6 (7) GwG regarding the obligation to report outsourcing

• § Section 6 (7) sentence 1 of the Money Laundering Act (GwG)
• § Section 4 (2) of the Money Laundering Act (GwG)
• § Section 6 (2) of the Money Laundering Act (GwG)

• Money laundering prevention - Interpretation and application notes on the Money Laundering Act (GwG)

Ministry of Economic Affairs, Labor and Energy of the State of Brandenburg