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Reporting of suspicions of money laundering or terrorist financing Exemption from the obligation to appoint a money laundering officer
Upon request, the supervisory authority may, under certain conditions, exempt you from the obligation to appoint a money laundering officer.
Your responsible authority
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Forms
Forms: no
Online procedure possible: yes
Written form required: no
Personal appearance required: no
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Detailed description
As a financial company within the meaning of Section 1 (24) of the Money Laundering Act (AMLA) and as an organiser or broker of games of chance pursuant to Section 2 (1) No. 15 AMLA, you are obliged to appoint a money laundering officer and a deputy.
In addition, casinos, the organisers of sports betting on the Internet, the betting shops, the acceptance points, insofar as they offer the Oddset sports bet, as well as the organisers, the brokers of horse betting on the Internet, are also obliged to appoint a money laundering officer and a deputy.
Under certain conditions, you can be exempted from the obligation to appoint a money laundering officer upon request. It must be ensured that all obligations set out in the AMLA are complied with, even without a money laundering officer.
This includes that you, as an obligated company under the Money Laundering Act, prove that:
- especially with a division of labour structure, all relevant areas of your company are provided with the necessary information for money laundering prevention and no loss of information is to be feared
- other precautions are taken, following a risk-based assessment, to prevent business relationships and transactions related to money laundering or terrorist financing.
Both requirements must be met.
- especially with a division of labour structure, all relevant areas of your company are provided with the necessary information for money laundering prevention and no loss of information is to be feared
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Requirements
Obligated persons under the Money Laundering Act
Only natural or legal persons who are legally obliged to appoint a money laundering officer under the AMLA are eligible to apply.
Clear internal communication
The flow of information on the subject of money laundering prevention within the company must be guaranteed. Staff must be adequately informed, educated and monitored.
Other safeguards
Other precautions must be taken to prevent business relationships and transactions that may be related to money laundering or terrorist financing.
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Documents
Application for exemption from the obligation to appoint an anti-money laundering officer
The application must demonstrate in a comprehensible and justified manner that all obligations specified in the AMLA are complied with even without a money laundering officer.
Proof of eligibility to apply
Proof that the applicant is a member of the company's management level (e.g. extract from the commercial register or shareholders' agreement).
Risk analysis
Assessment of individual company, customer, product and transaction risk;
Presentation of the internal security measures derived from the risk analysis, which make the appointment of a money laundering officer or a money laundering officer unnecessary.
If applicable, current excerpt from the commercial register
Registered companies should submit a current excerpt from the commercial register when submitting their application. Legal entities in the process of being established (GmbH, AG) submit the articles of association or articles of association.
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Process
As an obligated company, you apply to the competent supervisory authority for exemption from the obligation to appoint a money laundering officer.
The application shall be examined by the competent authority.
Once the procedure has been completed, you will receive a notification.
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Duration
approx. 6 weeks (depending on the size of the company)
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Responsible authority
Financial companies, insurance intermediaries, service providers for companies and for trust assets or trustees, real estate agents, goods dealers
(§ 2 para. 1 nos. 6, 8, 13, 14, 16 AMLA):
Ministry of Economic Affairs, Labour and Energy of the State of Brandenburg
Heinrich-Mann-Allee 107,
14473 Potsdam
Phone: +49 (0) 331 866 -1778 or +49 (0) 331 866 -1735
FAX: +49 (0) 331 866 1583
Mail: geldwaesche@mwae.brandenburg.de
Gambling (§ 2 para. 1 no. 15 AMLA):
Ministry of the Interior and Local Government
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 (§ 2 para. 1 no. 15 AMLA):
Ministry of Agriculture, Environment and Climate Action
Henning-von-Tresckow-Str. 2-13, House S
14467 PotsdamPhone: +49 (0) 331 866-7001
- Legal basis
- More information
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Approved
Ministry of Economic Affairs, Labour and Energy of the State of Brandenburg
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Approved date
12.11.2020