Beauftragung Dritter mit internen Sicherungsmaßnahmen im Glückspielsektor anzeigen

If you do not wish to implement the internal security measures required by the Money Laundering Act in the gambling sector yourself, you can transfer these to a third party under certain conditions. You must notify the authority of this in advance.

As an obligated party 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 a 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 implemented (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 member of your company's management responsible for money laundering prevention.

As an obliged entity, 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

supervision by the supervisory authority is impaired.

For you as the obliged entity, 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 obliged entity itself or, if applicable, by the appointed anti-money laundering officer or the appointed anti-money laundering officer.

Important note:

The responsibility for the fulfillment of the internal security measures remains with the obliged entities. 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.

• Proof of eligibility to apply
• Proof that the applicant is a member of the company's management (e.g. extract from the commercial register or shareholders' agreement)
• Extract from the Federal Central Register
• Extract from the central trade register
• Extract from the commercial register, if applicable
• Articles of association/bylaws, if applicable
• Details of other branches/branches, if applicable
• Risk analysis
• Organization chart
• Organizational instruction
• Instruction manual
• Instruction documents
• Other safety measures
• Sample of the documentation sheet

Obliged parties under the Money Laundering Act:

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

The reporting person must be a member of the company's management or an external money laundering officer.

The third party must be sufficiently qualified and reliable to implement the internal security measures:

be sufficiently qualified and reliable,

offer the guarantee that the security measures are carried out properly and

the control options of the obliged entity and the supervision of the supervisory authority must not be impaired by the outsourcing.

Depends on the respective administrative fee schedule of the state or on the fee statutes of the authorities responsible under state law.

• The notification must be submitted to the competent supervisory authority by the obliged entity itself or, if applicable, by the appointed money laundering officer
• Your report will be reviewed by the competent authority
• You will receive a final notification
• 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

There are no indications or special features.

• Legal action before the administrative court
• Appeal (depending on the federal state)

• Notification of suspected money laundering or terrorist financing Notification of the outsourcing of internal security measures in the gaming sector
• Obligated parties in the gambling sector must create appropriate business and customer-related internal security measures in accordance with the Money Laundering Act; the internal security measures may be carried out by a third party; the outsourcing must be reported to the supervisory authority in advance.
• Competent authority: Depends on the respective state law

Forms available: No

Written form required: No

Informal application possible: No

Personal appearance necessary: No