Exchange of Data with Member States of the European Union

(1) The exchange of data with the central reporting offices of other Member States of the European Union competent for the prevention, detection and combating of money laundering and terrorist financing shall be ensured irrespective of the nature of the predicate offence to money laundering, including where the nature of the predicate offence is not established. In particular, a differing definition, in the individual case, of tax offences capable under national law of constituting a predicate offence to money laundering does not preclude an exchange of information with the central reporting offices of other Member States of the European Union. Where the Financial Intelligence Unit receives a report under section 43(1) that concerns the competence of another Member State, it shall forward that report promptly to the central reporting office of the Member State concerned. For this purpose the Financial Intelligence Unit may establish and operate, together with the central offices of other Member States, a system for the encrypted automated forwarding of data.
(2) Sections 35(2) to (6) apply correspondingly to the transmission of data. Section 35(2) applies on the basis that, in answering a request for information, the Financial Intelligence Unit shall use the powers available to it under this Act to collect and forward information. Section 35(2), fourth sentence applies on the basis that the Financial Intelligence Unit shall answer the enquiry promptly; where the enquiry relates to financial information or financial analyses that may be relevant in connection with terrorism or with organised crime connected with terrorism, the Financial Intelligence Unit shall endeavour to provide an immediate answer. Responsibility for the permissibility of the data transmission lies with the Financial Intelligence Unit. For the exchange of data with central reporting offices of other Member States, the Financial Intelligence Unit shall use secure communication channels.
(3) Where additional information is required on an obliged entity operating in Germany that is entered in a public register in another Member State of the European Union, the Financial Intelligence Unit shall address its request to the central reporting office of that other Member State of the European Union. Where the Financial Intelligence Unit receives a request from the central reporting office of another Member State for additional information on an obliged entity operating within that state's territory and entered in Germany, the Financial Intelligence Unit shall use the powers available to it under this Act to collect and forward information. The transmission of requests and answers under the first and second sentences shall take place without delay.
(4) The Financial Intelligence Unit may refuse a request for the transmission of information made to it by a central reporting office of a Member State of the European Union in the performance of its tasks only where 1. transmission of the information could jeopardise internal or external security or other essential interests of the Federal Republic of Germany, 2. transmission of the information, in the individual case and having regard also to the public interest in the data transmission, cannot be reconciled with the fundamental principles of German law, 3. transmission of the information could impede or jeopardise criminal investigations or the conduct of court proceedings, or 4. mutual-legal-assistance conditions imposed by foreign bodies, and to be observed by the competent authorities, preclude it. The Financial Intelligence Unit shall set out in writing, in appropriate form, to the requesting central reporting office the grounds for refusing the request for information, except where the operational analysis has not yet been concluded or insofar as investigations could be jeopardised thereby.
(5) Where the Financial Intelligence Unit transmits information to a central reporting office of a Member State of the European Union at that office's request, it should, as a rule, promptly and irrespective of the nature of the predicate offences with which the information may be connected, give its consent to that information being forwarded to other authorities of that Member State. The Financial Intelligence Unit may refuse its consent only on the grounds referred to in subsection (4). The Financial Intelligence Unit shall set out appropriately the grounds for refusing consent. Use of the information for other purposes requires the prior consent of the Financial Intelligence Unit.
(6) The Financial Intelligence Unit shall designate a central point of contact responsible for receiving requests for information from the central reporting offices of other Member States under this provision.