Reporting Obligation of Obliged Entities; Authorisation to Issue Statutory Instruments

(1) Where facts exist indicating that
1. an asset connected with a business relationship, a brokered transaction, or a transaction, originates from a criminal act that could constitute a predicate offence to money laundering,
2. a business transaction, a transaction, or an asset is connected with terrorist financing, or
3. the contracting party has failed to fulfil its obligation under section 11(6), third sentence, to disclose to the obliged entity whether it intends to establish, continue, or carry out the business relationship or the transaction for a beneficial owner, the obliged entity shall, irrespective of the value of the asset concerned or the amount of the transaction, report the matter without delay to the Financial Intelligence Unit. Where the obliged entity, in addition to the report of a matter subject to the reporting obligation under the first sentence, also files a criminal complaint or a criminal information, it shall notify the Financial Intelligence Unit of this at the time the report is filed.
(2) By way of derogation from subsection (1), obliged entities under section 2(1), nos. 10 and 12 are not subject to the reporting obligation where the matter subject to the reporting obligation relates to information they received in the course of activities of legal advice or representation in legal proceedings. The reporting obligation nonetheless remains where the obliged entity knows that the contracting party has used or is using the legal advice or representation in legal proceedings for the purpose of money laundering, terrorist financing, or another criminal offence, or a case under subsection (6) exists.
(3) A member of the senior management of an obliged entity shall file a report under subsection (1) with the Financial Intelligence Unit where
1. the obliged entity has an establishment in Germany, and
2. the matter to be reported is connected with an activity of the German establishment.
(4) Where a matter reported to the Financial Intelligence Unit under subsection (1) simultaneously contains the particulars required for a report under section 261(8) of the Criminal Code, the report is at the same time deemed to be a voluntary disclosure within the meaning of section 261(8) of the Criminal Code. The obligation to report under subsection (1) does not exclude the voluntary nature of the disclosure under section 261(8) of the Criminal Code.
(5) The Financial Intelligence Unit may, in consultation with supervisory authorities, determine typified transactions that must always be reported under subsection (1). It may also, in consultation with law enforcement authorities, supervisory authorities, and other authorities under this Act, determine typified transactions that are not covered by the reporting obligation under subsection (1). Section 30(2), ninth sentence applies correspondingly.
(6) The Federal Ministry of Finance may, in agreement with the Federal Ministry of Justice and Consumer Protection, by statutory instrument not requiring the consent of the Bundesrat, determine matters in connection with acquisitions under section 1 of the Real Property Transfer Tax Act that must always be reported by obliged entities under section 2(1), nos. 10 and 12 under subsection (1).