Cooperation with Other Authorities

(1) The supervisory authorities shall, for the prevention and combating of money laundering and terrorist financing, cooperate fully with one another and with the bodies referred to in section 54(3) in the performance of their tasks under section 51. In the course of this cooperation, the supervisory authorities are obliged to transmit to one another, of their own motion and on request, information, including personal data, and the results of examinations, insofar as knowledge of them is necessary for the performance of the tasks of the supervisory authorities under section 51. The competent supervisory authority shall, in an individual case, transmit of its own motion all information to the competent administrative authority, insofar as this is necessary for the performance of the tasks of the administrative authority. Where indications of criminal infringements exist, the supervisory authorities shall inform the competent law enforcement authorities without delay.
(2) The authorities competent under section 155(2) of the Trade Regulation Act, in conjunction with the relevant Land law under section 14(1) of the Trade Regulation Act, shall transmit to the supervisory authorities competent under section 50, no. 9, on request and free of charge, the data from the trade notification under Annexes 1 to 3 of the Trade Notification Ordinance concerning obliged entities under section 2(1), insofar as knowledge of that data is necessary for the performance of the tasks of the supervisory authorities under section 51.
(3) The registration authority under section 11a(1) of the Trade Regulation Act shall transmit to the supervisory authorities competent under section 50, no. 9, on request and free of charge, the data referred to in section 6 of the Financial Investment Intermediation Ordinance and in section 8 of the Insurance Intermediation Ordinance, insofar as knowledge of that data is necessary for the performance of the tasks of the supervisory authorities under section 51.
(3b) For the performance of the tasks under section 50c(2), no. 5, the Coordinating Bodies of the Länder are authorised to require the competent tax authorities to communicate the name and address of the obliged entities to be supervised by the Land supervisory authorities under section 50, no. 9 within the meaning of section 2(1), no. 13, 14 or 16, grouped by economic sector and size class. Collective requests are permissible.
(4) More extensive powers of the supervisory authorities to process personal data under other statutory provisions remain unaffected.
(5) In cross-border cases the cooperating supervisory authorities and the bodies referred to in section 54(3) shall coordinate their measures. Where an obliged entity with its registered office in another Member State of the European Union maintains one or more branches in Germany, the authorities and bodies referred to in the first sentence shall cooperate with the competent authorities of the Member State in which the obliged entity has its head office.
(6) Insofar as the supervisory authorities exercise supervision over obliged entities under section 2(1), nos. 1 to 3 and 6 to 9, they shall provide the European Banking Authority, at its request, with all information necessary for the performance of its tasks under Directive (EU) 2015/849 and Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12). The information shall be made available in accordance with Article 35 of Regulation (EU) No 1093/2010.
(6a) The competent supervisory authorities shall inform the European Banking Authority of cases in which, for obliged entities under section 2(1), nos. 1 to 3 and 6 to 9 that are parent undertakings of a group, implementation of the measures referred to in section 9(1), second sentence, nos. 1, 3 and 4 is not permissible under the law of the third country.
(6b) The supervisory authority under section 50, no. 1 shall, in cooperation with the further supervisory authorities under section 50, nos. 2 and 9, act as the point of contact for the European Banking Authority in respect of the obliged entities under section 2(1), nos. 1 to 3 and 6 to 9.
(7) The exchange of information with the competent supervisory authorities of other Member States of the European Union is not precluded by: 1. a connection of the request to tax matters, 2. requirements of national law under which obliged entities are to maintain confidentiality or secrecy, except in cases in which a) the relevant information to which the request relates is protected by a right to refuse to give evidence, or b) professional secrecy under section 43(2), first sentence applies, 3. the pendency of investigative proceedings, an inquiry or proceedings in the requesting Member State, unless the investigative proceedings, inquiry or proceedings would be impaired by the mutual assistance, or 4. differences in the nature or status of the requesting and requested authority.
(8) The supervisory authorities competent under section 50, nos. 1 and 2 may enter into cooperation agreements with the competent authorities of third countries corresponding to those competent supervisory authorities, for cooperation and the exchange of facts within the meaning of section 54(1). Such cooperation agreements shall be concluded on a basis of reciprocity and only where it is ensured that the facts transmitted are subject at least to the requirements contained in section 54(1). The facts passed on under these cooperation agreements must serve the fulfilment of the supervisory tasks of these authorities. Section 54(4) applies correspondingly.