Obligation to Transmit Data to Domestic Public Bodies

(1) Reports under section 43(1) and section 44 shall be transmitted by the Financial Intelligence Unit without delay to the Federal Office for the Protection of the Constitution, insofar as factual indications exist that transmission of that information is necessary for the performance of the tasks of the Federal Office for the Protection of the Constitution.
(2) Where the Financial Intelligence Unit establishes, in the course of operational analysis, that an asset is connected with money laundering, terrorist financing, or another criminal offence, it shall transmit the result of its analysis and all relevant information without delay to the competent law enforcement authorities. The information referred to in the first sentence shall additionally be transmitted to the Federal Intelligence Service, insofar as factual indications exist that this transmission is necessary for the performance of the tasks of the Federal Intelligence Service. In the case under subsection (1), the Financial Intelligence Unit shall additionally transmit to the Federal Office for the Protection of the Constitution, in respect of the report previously transmitted, the corresponding result of its operational analysis and all relevant information. Instead of transmission to the competent law enforcement authorities under the first sentence, the Financial Intelligence Unit may make the information on other criminal offences available for automated data retrieval under subsection (4).
(3) The Financial Intelligence Unit shall, of its own motion or on request, transmit data from financial information and financial analyses, including insofar as they contain personal data, to the law enforcement authorities, the Federal Office for the Protection of the Constitution, the Federal Intelligence Service or the Military Counter-Intelligence Service of the Federal Ministry of Defence, insofar as this is necessary for 1. the investigation of money laundering and terrorist financing or the conduct of related criminal proceedings, or 2. the investigation of other dangers and the conduct of other criminal proceedings not covered by no. 1. The Financial Intelligence Unit shall, of its own motion or on request, transmit data from financial information and financial analyses, including insofar as they contain personal data, to other competent domestic public bodies not named in the first sentence, insofar as this is necessary for 1. taxation procedures, 2. procedures for the protection of the social security systems, or 3. the performance of the tasks of the supervisory authorities.
(3a) The Financial Intelligence Unit shall, on request, transmit without delay data from financial information and financial analyses, including insofar as they contain personal data, to the domestic designated authority within the meaning of Article 3(2) of Directive (EU) 2019/1153, insofar as this is necessary for the performance of its statutory tasks in preventing or prosecuting and penalising serious crime within the meaning of Annex I to Regulation (EU) 2016/794.
(3b) The Financial Intelligence Unit shall further, of its own motion or on request, transmit without delay data from financial information and financial analyses, including insofar as they contain personal data, to the competent domestic public bodies, insofar as this is necessary for monitoring compliance with economic sanctions measures decided by the Council of the European Union in the field of the common foreign and security policy.
(4) In the cases under subsection (3), first sentence, nos. 1 and 2, the law enforcement authorities and the Federal Office for the Protection of the Constitution, and the domestic designated authority within the meaning of Article 3(2) of Directive (EU) 2019/1153, are entitled to retrieve the data by automated means from the Financial Intelligence Unit for the performance of their tasks, insofar as no transmission restrictions preclude this. To monitor the permissibility of the automated retrieval procedure, the retrieving authority shall determine in writing: 1. the occasion and the purpose of the retrieval procedure, 2. the third parties to whom transmission is made, 3. the type of data to be transmitted, and 4. the technical and organisational measures to ensure data protection.
(5) Transmission under subsections (3) to (3b) shall not take place insofar as 1. making the data available could adversely affect the success of ongoing investigations or analyses of the competent domestic public bodies, or 2. passing on the data would be disproportionate. In the cases under subsection (3a), the Financial Intelligence Unit shall give reasons to the requesting body for not making a transmission. Insofar as a retrieval under subsection (4) is made in respect of data to which transmission restrictions would in principle preclude automated retrieval, the Financial Intelligence Unit shall automatically be informed of the enquiry by transmission of all the enquiry data. It is then incumbent on it to make contact without delay with the requesting authority in order to clarify, in the individual case, whether findings under subsection (3) may be transmitted.
(6) Where the law enforcement authority has instituted criminal proceedings on the basis of a matter transmitted under subsection (2), it shall communicate the matter, together with the underlying facts, to the competent tax authority, where a transaction is established that could be of significance to the tax administration for instituting or conducting taxation or tax-criminal proceedings. Where the law enforcement authority relies, in the criminal proceedings, on records under section 11(1), these may likewise be transmitted to the tax authority. The communications and records may be used for taxation procedures and for criminal proceedings concerning tax offences.
(7) The recipient may use the personal data transmitted to it only for the purpose for which it was transmitted. Use for other purposes is permissible insofar as the data could also have been transmitted for that purpose. In the case of a transmission under subsection (3a), use for other purposes is permissible insofar as the data could also have been transmitted for that purpose and the Financial Intelligence Unit has given its prior consent to that use.