Geldwäscheprävention: Befreiung von der Pflicht, einen Geldwäschebeauftragten zu bestellen, beantragen

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

Obligated parties pursuant to Section 2(1)(6), (7) and (15) of the Money Laundering Act (GwG) (financial companies, insurance companies as well as organizers and agents of games of chance) must appoint a money laundering officer at management level as well as a deputy.

In Mecklenburg-Vorpommern, goods traders who trade in high-value goods are obliged by general decree to appoint a money laundering officer under certain conditions.

Under certain conditions, they can be exempted from the obligation to appoint a 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, especially in the case of a division of labor structure, and that there is no risk of information being lost, and
• 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.

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 Money Laundering Act will be complied with even without an anti-money laundering officer.

• Proof of authorization to apply: the person submitting the application must be a member of the management level (e.g. extract from the commercial register or shareholders' agreement) or the internal/external money laundering officer of the company
• 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 an anti-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.

• Obliged parties under the Money Laundering ActOnly natural or legal persons who are obligated parties under the Money Laundering Act are eligible to apply. Money Laundering Act are obliged by law or by order of the competent authority to appoint a money laundering officer.
• 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, 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.

Fee range: 70 to 6,000 euros.

• The obliged entity shall apply to the competent authority for exemption from the obligation to appoint an anti-money laundering officer.
• The application is reviewed by the competent authority.
• Once the procedure has been completed, the obligated party receives a decision.

Approximately 6 weeks

None

There are no indications or special features.

• Appeal (depending on state law, the appeal may be excluded)
• Administrative court action

• Exemption from the obligation to appoint an anti-money laundering officer
• Under certain conditions, obliged entities under the Money Laundering Act (GwG) must appoint an anti-money laundering officer and a deputy.
• Under certain conditions, obliged entities can apply to be exempted from the obligation to appoint an anti-money laundering officer.
• It must be ensured that all obligations specified in the GwG are complied with even without an anti-money laundering officer.
• Responsible body: Ministry of Economics, Infrastructure, Tourism and Labor Mecklenburg-Vorpommern, Rostock Tax Office, President of the Rostock Higher Regional Court

Ministry of Economics, Infrastructure, Tourism and Labor Mecklenburg-Vorpommern, Rostock Tax Office, President of the Rostock Higher Regional Court