Applying for exemption from the obligation to appoint a money laundering officer in the gambling sector
Description
As a financial company and as an organizer or broker of games of chance, 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 to appoint an anti-money laundering officer by general decree.
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 GwG 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.
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 associated with money laundering or terrorist financing.
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 AMLA will be complied with even without an anti-money laundering officer.
- Proof of eligibility 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.
Registered companies should submit a current excerpt from the commercial register with their application. Legal entities in the process of being established (GmbH, AG) must submit the articles of association.
Administration Fee: 50,00 - 800,00 EURPayment in advance: noRichtet sich nach der jeweiligen Verwaltungsgebührenordnung des Landes bzw. nach den Gebührensatzungen der nach Landesrecht zuständigen Stellen.
- Legal action before the administrative court
- Appeal (depending on the federal state)
Ministry of the Interior and Sport of Saxony-Anhalt for casinos and sales outlets with Oddset sports betting
State Administration Office for betting agencies
Forms available: Yes
Written form required: No
Informal application possible: No
Personal appearance necessary: No
- The obliged entity shall apply to the competent supervisory 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 obliged entity receives a decision.
There are no indications or special features.
Ministry of the Interior of the State of North Rhine-Westphalia (IM NRW)
23.07.2024
Ministry of the Interior of the State of North Rhine-Westphalia (Ref. 55)
The text was automatically translated based on the German content.
