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Section 40

Immediate Measures

(1) Where the Financial Intelligence Unit has indications that a transaction is connected with money laundering or an offence under section 18(1) of the Foreign Trade and Payments Act, or serves terrorist financing, it may prohibit the execution of the transaction in order to pursue those indications and to analyse the transaction. It may further, under the conditions of the first sentence,
1. prohibit an obliged entity under section 2(1), nos. 1 to 3 from
a) executing dispositions from an account or custody account held with it, and
b) carrying out other financial transactions,
2. instruct an obliged entity under section 2(1), no. 1 to refuse access to a safe-deposit box to the contracting party and to all other persons entitled to dispose over it, or
3. make other orders vis-à-vis an obliged entity in respect of a transaction.
(2) Measures under subsection (1) may be taken by the Financial Intelligence Unit on the basis of a request from a central reporting office of another state. A request must contain the particulars corresponding to section 35(3). The Financial Intelligence Unit should set out appropriately the grounds for refusing a request.
(3) Measures under subsection (1) shall be lifted by the Financial Intelligence Unit as soon as, or to the extent that, the conditions for the measures no longer exist.
(4) Measures under subsection (1) end
1. at the latest on expiry of one month after the measures were ordered by the Financial Intelligence Unit,
2. on expiry of the fifth working day after the matter was handed over to the competent law enforcement authority, whereby Saturday is not deemed a working day, or
3. at an earlier point in time, where such a point is determined by the Financial Intelligence Unit.
(5) The Financial Intelligence Unit may, on application by the person concerned or by an association of persons, release assets subject to a measure under subsection (1), second sentence, insofar as those assets serve one of the following purposes:
1. covering the necessary living expenses of the person or of his or her family members,
2. the payment of maintenance benefits or support payments, or
3. comparable purposes.
(6) The obliged entity, or another aggrieved party, may lodge an objection against measures under subsection (1). The objection has no suspensive effect.

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