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§ Section 7 (1) of the Money Laundering Act (GwG) for appointment
§ Section 7 (4) of the Money Laundering Act (GwG) for notification of appointment and dismissal
If applicable in conjunction with General rulings pursuant to Section 7 para. 3 sentence 2 Money Laundering Act
§ Section 7 para. 4 sentence 1 Money Laundering Act (GwG)
If you are obliged to appoint an anti-money laundering officer, you must notify the supervisory authority in advance. You must also notify the supervisory authority if you wish to remove ("disengage") an anti-money laundering officer.
Financial companies and organizers and brokers of games of chance (obliged entities pursuant to Section 2 (1) No. 6 and 15 GwG) must appoint an anti-money laundering officer at management level as well as a deputy. The supervisory authority must be notified in advance of the appointment and dismissal of the anti-money laundering officer and his or her deputy.
The obligation applies specifically to
- Financial undertakings within the meaning of Section 1 (24) GwG,
- Bookmakers within the meaning of Section 2 (1) of the Racing Lottery Act (RennwLottG),
- casinos,
- betting agencies,
- acceptance offices within the meaning of Section 3 (5) of the Interstate Treaty on Gambling, insofar as they are theOddset sports betting,
- Organizers of online games of chance (virtual slot machines and onlinepoker) within the meaning of Sections 22a and 22b of the State Treaty on Gambling 2021
- For insurance brokers, notaries, legal service providers, service providers, real estate agents and goods traders (obliged entities pursuant to section 2 (1) nos. 8, 10, 11, 13 and 16 AMLA), the competent supervisory authority may order the appointment of an anti-money laundering officer.
- For goods traders who trade in high-value goods, the order is issued insome federal states by general decree.
The money laundering officer is responsible for compliance with money laundering regulations. He or she is directly subordinate to the management. The responsibility of the management level continues to exist.
The most important tasks of an anti-money laundering officer include
among others, that:
- They are the point of contact for law enforcement authorities, the Financial Intelligence Unit (FIU) and the supervisory authority, which check compliance with due diligence obligations.
- You are responsible for carrying out and updating the risk analysis, designing internal security measures and monitoring compliance with due diligence obligations within the company.
- They submit suspicious activity reports to the Financial Intelligence Unit (FIU) or respond to requests for information from these bodies.
- Proof of authorization to report
- Proof of appointment as an anti-money laundering officer or anti-money laundering officer or
- Proof that the reporting person is a member of the company's management
- company (e.g. extract from the commercial register or shareholders' agreement).
- If applicable, a current excerpt from the commercial register
- Registered companies should submit a current excerpt from the commercial register with their application. Legal entities in the process of being founded (GmbH, AG) submit the articles of association or articles of incorporation.
- Proof of qualification of the third party/parties taking over the security measures
- The supervisory authority reserves the right to request information on the qualifications of the relevant employee (e.g. overview of professional career, proof of participation in training courses on money laundering law, etc.) and his or her reliability (e.g. in the form of information from the Federal Central Register or, if applicable, from the Central Trade Register).
- You are an obligated party or obligated person under the Money Laundering Act
- Only natural or legal persons who are obliged entities under the Money Laundering Actare.
- Authorized representative
- The person making the report must be a member of management or an internal/externalmoney laundering officer or internal/external money laundering officer of the company.be based in Germany.
- Domestic place of business
- The money laundering officer or his or her deputy must carry out his or her activities in Germany.deputy must carry out their activities in Germany.
- Personal reliability and qualifications
- The money laundering officer and his or her deputy must provide evidence of the necessary personal reliability and professional qualifications.
- As the obliged party, you notify the supervisory authority in advance of the appointment or dismissal of an anti-money laundering officer and their deputy for your company
- You will receive a confirmation of receipt
- Your notification will be reviewed by the competent authority. If the person does not have the required qualifications or reliability, the appointment as an anti-money laundering officer or deputy must be revoked at the request of the supervisory authority and a new person must be appointed
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The appointment of the money laundering officer and/or the deputy must be made prior to the appointment. There is no deadline, i.e. the notification can also be made at very short notice. The notification is intended to give the authority the opportunity to review the qualifications and reliability of the newly appointed anti-money laundering officer and/or deputy and, if necessary, to object to the appointment in a timely manner.
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The authority must also be notified in advance of the removal ("dismissal") of the anti-money laundering officer and/or the deputy.
Further information on money laundering prevention can be found on the Saarland's topic page
- Appointing or dismissing an anti-money laundering officer ("disengagement")
- Under certain conditions, obliged entities under the Money Laundering Act (GwG) are obliged to appoint an anti-money laundering officer at management level and a deputy.
- The supervisory authority must be notified in advance of the appointment and dismissal of the anti-money laundering officer and the deputy.
State Administration Office
At the market 7
66386 St. Ingbert
Phone: 0681 501 - 00
Email: gwg@lava.saarland.de
Forms: no
Online procedure possible: yes
Written form required: no
Personal appearance required: no