Meldung des Verdachts auf Geldwäsche oder Terrorismusfinanzierung Befreiung von der Pflicht, einen Geldwäschebeauftragten zu bestellen

Upon request, the supervisory authority can exempt you from the obligation to appoint an anti-money laundering officer under certain conditions.

As a financial company within the meaning of Section 1 (24) of the German Money Laundering Act (GwG) and as an organizer or broker of games of chance pursuant to Section 2 (1) No. 15 GwG, you are obliged to appoint an anti-money laundering officer and a deputy.

In some federal states, goods traders who trade in high-value goods may be obliged by general decree to appoint a money laundering officer.

Under certain conditions, they can be exempted from the obligation to appoint an anti-money laundering officer upon application. It must be ensured that all obligations specified in the AMLA are complied with even without an anti-money laundering officer.

This includes that you, as an obligated party under the Money Laundering Act, prove that

• all relevant areas of your company are provided with the necessary information to prevent money laundering and that there is no risk of information being lost, especially in the case of a division of labor structure
• following a risk-based assessment, other precautions are taken to prevent business relationships and transactions related to money laundering or terrorist financing.

Both requirements must be met.

The application must demonstrate in a comprehensible and substantiated manner that all obligations specified in the AMLA are complied with even without an anti-money laundering officer or anti-money laundering officer.

• Proof of authorization to apply
  • Proof that the person submitting the application is a member of the company's management (e.g. extract from the commercial register or shareholders' agreement).
    
• Risk analysis Assessment of the 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 unnecessary.

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 established (GmbH, AG) submit the articles of association or articles of incorporation

Only natural or legal persons who are obliged by law or by order of the supervisory authority to appoint an anti-money laundering officer are eligible to apply.

• Clear internal communication
  The flow of information on the topic of money laundering prevention within the company must be guaranteed. Staff must be adequately informed, instructed and monitored.
  
• Other security measures
  Other precautions must be taken to prevent business relationships and transactions that may be related to money laundering or terrorist financing.

A fee of €50.00 - €3,000.00 is charged for the approval of an exemption from the obligation to appoint an anti-money laundering officer.

In the event of rejection:

If an application to carry out an official act is withdrawn before it is completed, up to 75 percent of the full fee must be paid, depending on the expenses already incurred (Section 9 (2) SaarlGebG).

You will receive a notification of fees.

The administrative fees are set in accordance with the Act on the Levying of Administrative and User Fees in Saarland (SaarlGebG) in conjunction with the General Fee Schedule for Saarland (GebVerz) (here: item 390).

1. As an obliged entity, you apply to the competent authority for exemption from the obligation to appoint an anti-money laundering officer.
2. Your application will be reviewed by the competent authority.
3. You will first receive a fee notice and must pay the administrative fee.
4. Once payment has been made, you will receive the final decision from the competent authority.

approx. 6 weeks (depending on the size of the company)

None

Further information on money laundering prevention can be found on the Saarland's topic page

You can lodge an appeal against the decision with the responsible office. You will find the relevant information in the notification.

- Applying for exemption from the obligation to appoint an anti-money laundering officer

- Under certain conditions, obliged entities under the Money Laundering Act must appoint an anti-money laundering officer and a deputy; under certain conditions, obliged entities can apply for exemption from the obligation to appoint an anti-money laundering officer. It must be ensured that all obligations specified in the AMLA are complied with even without an anti-money laundering officer.

State Administration Office
At the market 7
66386 St. Ingbert
Phone: +49 681 501-00
E-mail: gwg@lava.saarland.de

Forms: no

Online procedure possible: yes

Written form required: no

Personal appearance required: no