Administrative services A-Z

Forms: no

Online procedure possible: yes

Written form required: no

Personal appearance required: no

As an obligated party under the Money Laundering Act (AMLA), you must identify, evaluate and properly document the risks of money laundering and terrorist financing in a risk analysis for the business you conduct.

You can apply under the conditions that in your company

1. existing concrete risks are clearly recognizable, and
2. the risks are understood,

be exempted from the obligation to document a risk analysis upon request.

You must continue to continuously identify and assess the risks of money laundering and terrorist financing and prevent them through appropriate internal security measures. You can only be exempted from the regular documentation obligation.

Re 1. A clear recognizability of the existing concrete risks can exist, for example, if your transactions:

• do not include complex business activities,
• the transactions you carry out are manageable in scope,
• Your customer structure is homogeneous and
• there are no other risk-increasing circumstances.

Re 2. A sufficient understanding of the specific risks can be assumed if the internal security measures you have taken (e.g. regular briefing of the deployed personnel and security checks) are appropriate to the risk.

Obligated persons under the Money Laundering Act

Only natural or legal persons who are obligated under the AMLA and as:

1. 1. Financial companies within the meaning of Section 1 (24) AMLA (obligated parties pursuant to Section 2 (1) No. 6 AMLA)
   2. Insurance brokerage pursuant to Section 59 of the Insurance Contract Act, insofar as they broker the activities, transactions, products or services covered by Section 2 (1) No. 7 AMLA, with the exception of insurance intermediaries operating pursuant to Section 34d (6) or (7) No. 1 of the Industrial Code, and branches of corresponding insurance agencies based abroad located in Germany. (Obligated according to §2 paragraph 1 number 8 AMLA)
   3. Service providers for companies and for trust assets or trustees, if they provide the services specified in Section 2 (1) No. 13 AMLA for third parties (obligated parties pursuant to Section 2 (1) No. 13 AMLA)
   4. Real estate agents (obligated persons according to § 2 paragraph 1 number 14 AMLA)
   5. Bookmakers within the meaning of Section 2 (1) of the Racing Lottery Act (obligated parties pursuant to Section 2 (1) No. 15 of the GwG)
   6. Casinos (obligated parties according to § 2 paragraph 1 number 15 AMLA)
   7. Betting agencies (obligated parties according to § 2 paragraph 1 number 15 AMLA)
   8. the acceptance points within the meaning of Section 3 (5) of the State Treaty on Gambling, insofar as they offer the Oddset sports bet (obligated parties pursuant to Section 2 (1) No. 15 AMLA)
   9. Events of online gambling (virtual slot machine games and online poker) within the meaning of §§ 22a and 22b of the State Treaty on Gambling 2021 (obligated parties according to § 2 paragraph 1 number 15 AMLA)
   10. Goods dealers (obligated parties according to §2 paragraph 1 no. 16 AMLA)

are active.

Authorized representatives

The applicant must be a member of the company's management level or an internal or external anti-money laundering officer.

Clear identification of risks

For example, demonstrating what risks your company is exposed to and how vulnerable it is to anti-money laundering or terrorist financing abuse

Sufficient understanding of the risks

e.g. presentation of the security measures taken on the basis of the specific risks identified

Application for exemption from the documentation of a risk analysis

The application must demonstrate in a comprehensible and justified manner that the risks of money laundering and terrorist financing in your company are manageable and clearly recognizable.

Proof of eligibility to apply

• Proof of appointment as a money laundering officer or money laundering officer, or
• a contract for the outsourcing of internal security measures, or
• Proof that the applicant is a member of the company's management level (e.g. extract from the commercial register or shareholders' agreement)

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.

different, depending on the effort

As an obligated company, you apply for exemption from the obligation to document a risk analysis with the competent supervisory authority.

Then your application will be examined by the competent authority.

You will receive a notification after the procedure has been completed.

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 Potsdam

Phone: +49 (0) 331 866-7001

• Https://mluk.brandenburg.de

• Section 5 (4) of the Money Laundering Act (AMLA)

• Prevention of money laundering - Interpretation and application notes on the Money Laundering Act (AMLA)

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