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§6 – Internal Safeguards – AML German Version

§6 – Internal Safeguards – AML German Version

 

§6 – Internal Safeguards – AML German Version

(1) Obliged entities have to establish adequate business and customer-related internal safeguards to control and mitigate the risks of money laundering and terrorist financing in form of principles, procedures and controls. Those measures are appropriate which correspond with and sufficiently cover the respective risk exposure of the individual obliged entity. The obliged entities have to monitor the functionality of internal safeguards and update them in case of need.

 

§6 - Internal Safeguards - AML German Version

 

§6 – Internal Safeguards – AML German Version

(2) Internal safeguards include, in particular:

1. development of internal principles, procedures and controls with respect to

a) the handling of risks pursuant to paragraph 1;

b) customer due diligence obligationsas defined in §§ 10 to 17;

c) fulfilment of the reporting obligation as defined in § 43 paragraph 1;

d) recording of information and retention of documents as defined in § 8, and

e) compliance with other anti-money laundering law provisions;

2. appointment of an anti-money laundering officer and his/her deputy according to § 7;

3. for obliged entities who are parents of a group, establishment of group-wide procedures according to § 9;

4. establishment and further development of suitable measures for prevention of abuse of new products and technologies for committing money laundering and terrorist financing or for purposes of fostering the anonymity of business relations or transactions;

5. examination of the reliability of the employees by appropriate measures, in particular by human resources control and evaluation systems of the obliged entities;

6. first time and on-going information of employees with respect to typologies and current methods of money laundering terrorist financing and the provisions and obligations relevant insofar, including data protection regulations, and

7. examination of the reliability of the aforementioned principles and procedures by an independent ,n examination, to the extent that this examination is appropriate with regard to nature and scope of their business activity.

(3) To the extent that an obliged entitv as defined in § 2 paragraph ;,i;’:l,T i ? i Number 10 to 14 and 16 purports his professional activity as employee of an undertaking, this undertaking shall be responsible for compliance with the obligations as defined in paragraph 1 and 2.

(4) Beyond the measures referred to in paragraph 2, obliged entities as defined § 2 paragraph 1 Number 15 have to operate data processing systems by means of which they are able to discover both business relationships and individual transactions in gambling operations or via a gambler’s account as defined in § 16 that are to be considered as dubious or unusual on the basis of public experience or experience available in the undertaking about the methods of money laundering and terrorist financing. They have to updates these data processing systems. The supervisory authority may define criteria upon fulfilment of which obliged entities pursuant to § 2 paragraph 1 Number 15 may refrain from the use of data processing systems in accordance with sentence 1.

(5) Obliged entities have to make arrangements which are appropriate with regard to their nature and scope in order to enable their employees and persons in a comparable position to report violations of anti-money laundering provisions to suitable entities under maintenance of confidentiality of their identity.

(6) Obliged entities shall make arrangements to provide information, upon request of the Central Office for Reporting of Suspicious Transactions or a upon request of other responsible public authorities whether they maintained a business relationship with certain persons during a period of five years before the enquiry and of the nature of this business relationship. They have to ensure a safe and confidential communication of this information to the enquiring entity. Obliged entities as defined § 2 paragraph 1 Number 10 and 12 may refuse to provide information, if the enquiry is related to information which they have obtained in the frame of a client relationship subject to a secrecy obligation. However, the obligation to provide information shall remain in effect, if the obliged person knows that his/her customer used or uses the client relationship for purposes of money laundering, terrorist financing or another criminal offence.

 

§6 – Internal Safeguards – AML German Version

(7) The obliged entities may have the internal safeguards executed by a third party in the frame of contractual agreements provided that they have notified the supervisory authority thereof before. The transfer may be interdicted by the supervisory authority in the event that

  1. the third party does not ensure a proper execution of the internal safeguards;
  2. the control of the obliged entities are impaired, or
  3. the supervision by the supervisory authority is impaired.

In their notification, obliged entities have to argue that he requirements for interdiction of a transfer pursuant to sentence 2 are not met. The responsibility for fulfilling the internal safeguards remains with the obliged entities.

(8) The supervisory authority may give orders in an individual case which are suitable and required for the establishment of the necessary internal safeguards by the obliged entity.

(9) The supervisory authority may order that the provisions set out in paragraphs 1 to 6 are to be applied to obliged individuals or groups of obliged entities in a risk-adjusted manner due to the nature of the business purported by them and due to the size of the operated business, taking into consideration the risks with respect to money laundering and terrorist financing.

 

§6 – Internal Safeguards – AML German Version – Further information

Further information about AML-CFT – German Version you find direct here:

 

Internal Safeguards – AML German Version Compliance & Geldwäschebeauftragter – §6 – Internal Safeguards – AML German Version

Unsere Praxisseminare Geldwäsche und Fraud – BasisseminarGeldwäsche und Fraud – AufbauseminarGeldwäsche & Fraud – Update und Geldwäsche & Fraud – Forum verschaffen Ihnen einen umfassenden Überblick zu den aktuellen gesetzlichen Neuerungen und unterstützen Sie dabei, Geldwäsche- und Betrugsstrukturen zu erkennen, zu bewerten und rechtzeitig zu verhindern. In den Compliance-Seminaren wie ComplianceCompliance für VertriebsbeauftragteNeue Compliance-Funktion gemäß MaRisk oder auch Compliance im Fokus der Bankenaufsicht werden Ihnen die Ausgestaltung der Schnittstellen zwischen Compliance, Datenschutz, IT, Zentrale Stelle und Interner Revision näher gebracht. Auch die Mindestanforderungen zum Aufbau eines Gesamt-IKS werden hier beispielsweise näher erläutert.

Zudem haben Sie die Chance, nach Teilnahme der Seminare die Zertifizierungslehrgänge zum Compliance Officer, zum AML & Fraud Officer oder zum Geldwäsche-Beauftragter zu absolvieren.

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