View money laundering or terrorist financing outsourcing of internal security measures
As a obliged entity under the Money Laundering Act (MLA), you must create appropriate business and customer-related internal safeguards to manage and mitigate risks of money laundering and terrorist financing through appropriate 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 report the intended outsourcing to the competent supervisory authority. The MLA contains rule examples for the safeguards to be created (Section 6 paragraph 2 MLA). This collection is not exhaustive. Further internal safeguards may be required on a case-by-case basis. The internal safeguards still require the approval of the management member responsible for money laundering prevention in their company. As an obliged entity, you may have the internal security measures carried out by a (external) third party under contractual agreements if you have previously notified the supervisory authority. The supervisory authority may prohibit the transfer if: the third party does not guarantee that the safeguards will be carried out correctly. the control options of the obliged entities are affected, or the supervision is impaired by the supervisory authority. For you as a obliged entity, this means that you must indicate in your advertisement that the conditions for a prohibition of the transfer do not exist. You must also indicate in the display which internal safeguards are subject to removal. The notification must be made by the obliged entity himself or, if necessary, by the money laundering officer appointed.
Display of outsourcing of internal security measures The display must clearly indicate which internal safeguards are the subject of the outsourcing. In addition, the outsourcing notice must be made in full and in writing that all conditions are met and that there is no reason for a prohibition for the intended outsourcing. Proof of display authorization Proof of appointment as a money laundering agent or contract for the outsourcing of internal security measures or Proof that the person reporting is a member of the management level of the company (e.B commercial register extract or partnership agreement) Contract with the third party Copy of the contractual agreement with the third party to which the security measures are to be outsourced. Note: The authority may require proof of the suitability of the service provider these could be, for example.B, CVs, course certificates or references that explicitly refer to money laundering obligations and experience.
Forms: yes Online procedure possible: no Written form required: no Personal appearance necessary: no
V was required under the Money Laundering Act Only natural or legal persons who are obliged to comply with the MLA are entitled to complain. The discriminating person must be a member of the management level or the company's internal/external money laundering officer. For the implementation of the internal safeguards, the third party must: be sufficiently qualified and reliable, guarantee that the safeguards are properly implemented and that the control of obliged entities and the supervision of the supervisory authority must not be affected by the outsourcing.
Important note: The responsibility for the fulfilment of the internal security measures remains with the obliged entities. If the third party fulfils the contractually transferred obligations, e.g. incorrectly,.B for example, you shall remain responsible for the non-compliance with the internal security measures.
The notification must be submitted by the obliged entity himself or, if necessary, by the appointed money laundering officer to the competent supervisory authority Your complaint will be checked by the competent authority Once notified, the internal backup measures can be carried out by a third party, prior consent of the authority is not required. The supervisory authority may prohibit the transfer to a third party if: does not provide the guarantee that the safeguards will be carried out properly, the control options of the obliged entities are affected by this, or oversight is compromised by the supervisory authority