Transmission of Data in the Context of International Cooperation

(1) Where the Financial Intelligence Unit receives a report under section 43(1) that concerns the competence of another state, it may forward that report promptly to the central reporting office of the state concerned. It shall inform the central reporting office of the state concerned that the personal data may be used only for the purpose for which they were transmitted.
(2) The Financial Intelligence Unit may, at the request of a central reporting office of another state, transmit personal data to it
1. for an operational analysis to be carried out by the central reporting office of the other state,
2. in connection with an intended immediate measure under section 40, insofar as facts indicate that the asset
a) is located in Germany, and
b) is connected with a matter held by the central reporting office of the other state, or
3. for the performance of the tasks of another foreign public body serving the prevention, detection and combating of money laundering or of predicate offences to money laundering, or of terrorist financing. It may draw on information available to it for this purpose. Where such information also includes data collected or transmitted by other domestic or foreign authorities, passing on that data is permissible only with the consent of those authorities, unless the information originates from publicly accessible sources. Requests from a central reporting office of another state shall be answered within a reasonable time. The Financial Intelligence Unit may, in accordance with sections 28, 30 and 31, request information from other domestic public bodies or demand information from obliged entities.
(3) The transmission of personal data to a central reporting office of another state is permissible only where the request contains at least the following particulars:
1. the designation, address and other contact details of the requesting authority,
2. the grounds for the request and the purpose for which the data are to be used, under subsection (2),
3. the necessary particulars as to the identity of the data subject, where the request relates to a known person,
4. a description of the matter underlying the request, together with the authority to which the data are, where applicable, to be further transmitted, and
5. an indication of the extent to which the matter is connected with money laundering or terrorist financing.
(4) The Financial Intelligence Unit may also, without a request, transmit personal data to a central reporting office of another state where facts indicate that natural or legal persons in the territory of that state have committed acts punishable as money laundering or terrorist financing. This applies irrespective of the nature of the predicate offence to money laundering and also where the nature of the predicate offence is not established.
(5) Responsibility for the permissibility of the transmission lies with the Financial Intelligence Unit. It may, in transmitting data to a foreign central reporting office, impose restrictions and conditions on the use of the data transmitted.
(6) The recipient of personal data shall be informed that the personal data may be used only for the purpose for which they were transmitted. Where the data are to be forwarded by the requesting foreign central reporting office to another authority in that state, the Financial Intelligence Unit must first give its consent, having regard to the purpose and to the interests of the data subject warranting protection. Insofar as the information is to be used as evidence in criminal proceedings, the rules on cross-border cooperation in criminal matters apply.
(7) The transmission of personal data to a foreign central reporting office shall not take place insofar as
1. transmission could harm internal or external security or other essential interests of the Federal Republic of Germany,
2. special Federal statutory provisions on transmission preclude it, or
3. in the individual case, and having regard also to the particular public interest in the data transmission, the interests of the data subject warranting protection outweigh it. The interests of the data subject warranting protection also include the existence of an adequate level of data protection in the recipient state. The interests of the data subject warranting protection may also be safeguarded by the recipient state or the receiving inter- or supranational body guaranteeing, in the individual case, adequate protection of the data transmitted.
(8) The transmission of personal data should not take place where
1. criminal investigations or the conduct of court proceedings could be impeded or jeopardised by the transmission, or
2. it is not ensured that the requesting foreign central reporting office would comply with a similar German request.
(9) The grounds for refusing a request for information should be set out appropriately to the requesting central reporting office.
(10) The Financial Intelligence Unit shall record the time, the data transmitted, and the receiving central reporting office. Where the data transmission does not take place, this shall be recorded accordingly. It shall retain this data for three years and shall delete it thereafter.