(1) Reports under section 43 (1) and section 44 must be transmitted by the German Financial Intelligence Unit without delay to the Federal Office for the Protection of the Constitution (Bundesamt für Verfassungsschutz) insofar as there are factual indications that the transmission of this information is necessary for the Federal Office for the Protection of the Constitution to perform its functions.
(2) 1If the German Financial Intelligence Unit finds in the operational analysis that property is related to money laundering, terrorist financing or another criminal offence, it transmits the result of its analysis and all relevant information to the competent law enforcement agencies without delay. 2The information specified in sentence 1 is also to be transmitted to the Federal Intelligence Service (Bundesnachrichtendienst) insofar as there are factual indications that this transmission is necessary for the Federal Intelligence Service to perform its functions. 3In the case set out in subsection (1), the German Financial Intelligence Unit also transmits the result of its operational analysis and all relevant information relating to the previously transmitted report to the Federal Office for the Protection of the Constitution.
(3) The German Financial Intelligence Unit transmits personal data, upon request, to the law enforcement agencies, the Federal Office for the Protection of the Constitution, the Federal Intelligence Service or the military counterintelligence office of the Federal Ministry of Defence (Militärischer Abschirmdienst des Bundesministeriums für Verteidigung) insofar as this is necessary for
- the investigation of money laundering and terrorist financing or the conduct of criminal proceedings related to these, or
- the investigation of other threats and the conduct of other criminal proceedings not covered by no. 1.
The German Financial Intelligence Unit transmits personal data, ex officio or upon request, to competent domestic public authorities other than those specified in sentence 1 insofar as this is necessary for
- taxation procedures,
- procedures to protect the social security systems, or
- the performance of functions by the supervisory authorities.
(4) 1In the cases set out in subsection (3), sentence 1, nos. 1 and 2, the law enforcement agencies and the Federal Office for the Protection of the Constitution are entitled to retrieve, by automated means, the data for the performance of their functions from the German Financial Intelligence Unit, insofar as no transmission restrictions preclude this. 2For the purpose of monitoring the permissibility of the automated retrieval process, the respective law enforcement agencies and the Federal Office for the Protection of the Constitution are to state in writing:
- the reason for and purpose of the retrieval process,
- the third parties to whom information is transmitted,
- the type of data to be transmitted, and
- the technical and organisational measures to ensure data protection.
(5) 1Personal data must not be transmitted under subsection (3)
- if the provision of the data could have a negative impact on the success of an ongoing investigation by the competent domestic public authorities, or
- if the disclosure of the data would be disproportionate.
2If a retrieval under subsection (4) relates to data which, in principle, may not be retrieved by automated means because of transmission restrictions, the German Financial Intelligence Unit is notified of the query by automated means via the transmission of all query data. 3In this case, it is responsible for contacting the authority which performed the query without delay, in order to clarify in the individual case whether information under subsection (3) may be transmitted.
(6) 1If the law enforcement agency has initiated criminal proceedings on the basis of a matter transmitted under subsection (2), it notifies the competent revenue authority of the matter together with the underlying facts if a transaction is identified which could be of relevance for the revenue authority for the initiation or conduct of taxation procedures or criminal tax proceedings. 2If the law enforcement agency uses records under section 11 (1) in the criminal proceedings, these records may also be transmitted to the revenue authority. 3The notifications and records may be used for taxation procedures and for criminal proceedings in relation to tax crimes.
(7) 1The recipient may only use the personal data transmitted for the purpose for which they were transmitted. 2Their use for other purposes is permissible to the extent that it would also have been permissible for the data to be transmitted for those purposes.