Appointment or dismissal of money laundering officers in the gambling sector
Description
- Financial companies and organizers as well as intermediaries of games of chance (obligated parties 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/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,
- the acceptance points within the meaning of Section 3 (5) of the State Treaty on Gambling, insofar as they offer the Oddset sports bet,
- Organizers of online games of chance (virtual slot machines and online poker) 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 traders in goods (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 by general decree in some federal states.
- The money laundering officer is responsible for compliance with money laundering regulations. He 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 the following
- They are the point of contact for the law enforcement authorities, the Financial Intelligence Unit (FIU) and for 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.
Only natural or legal persons who are obligated parties or obligated agents under the AMLA are notifying parties.
Authorized representative:
The reporting person must be a member of management or an internal money laundering officer of the company.
Domestic place of business:
The money laundering officer or his deputy must carry out their activities in Germany.
Personal reliability and qualifications:
Fer Money Laundering Officer and his/her deputy must provide evidence of the required personal reliability and professional qualifications.
- Proof of authorization to report
- Proof of appointment as money laundering officer or
- Contract on the outsourcing of internal security measures or
- Proof that the reporting person is a member of the company's management (e.g. extract from the commercial register or shareholders' agreement)
- Proof of qualification
- Extract from the Federal Central Register
- Extract from the central trade register
- Outsourcing contract, if applicable
- Extract from the commercial register, if applicable
- Articles of association/bylaws, if applicable
- Details of other branches/branches, if applicable
Is based on the respective administrative fee schedule of the federal state or on the fee statutes of the authorities responsible under federal state law.
None
not applicable, this is only an advertisement
- Action before the administrative court
- Revocation (depending on the federal state)
Forms available: Yes
Written form required: No
Informal application possible: No
Personal appearance necessary: No
- As an obliged entity, you must notify the supervisory authority in advance of the appointment or dismissal of an anti-money laundering officer and their deputy for your company.
- Your notification will be reviewed by the competent authority.
- You will receive a final notification.
- If the person does not have the required qualifications or reliability, the appointment as anti-money laundering officer or deputy must be revoked at the request of the supervisory authority and a new person must be appointed.
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.
