(1) 1The exchange of data with the Financial Intelligence Units of other member states of the European Union responsible for the prevention, detection and combating of money laundering and terrorist financing must be ensured irrespective of the type of predicate offence for money laundering and also if the type of predicate offence has not been established. 2In particular, a differing definition in an individual case of the tax crimes which, under national law, can qualify as a predicate offence for money laundering does not preclude an exchange of information with Financial Intelligence Units of other member states of the European Union. 3If the German Financial Intelligence Unit receives a report under section 43 (1) which concerns the area of competence of another member state, it forwards the report to the Financial Intelligence Unit of that member state promptly. 4For this purpose, together with the Financial Intelligence Units of other member states, the German Financial Intelligence Unit can establish and operate a system for encrypted automated transmission.
(2) 1The provisions on international data transmission under section 35 (2) to (6) apply, with the necessary modifications, to the transmission of the data. 2Section 35 (2) applies, subject to the proviso that that German Financial Intelligence Unit is required to use the powers conferred on it by this Act to obtain and forward information when it replies to a request for information. 3The German Financial Intelligence Unit is responsible for the permissibility of the data transmission. 4The German Financial Intelligence Unit uses secure communication channels for the exchange of data with Financial Intelligence Units of other member states.
(3) 1If additional information is required about an obliged entity which is active in Germany and which is entered in a public register in another member state of the European Union, the German Financial Intelligence Unit sends its request to the Financial Intelligence Unit of that member state of the European Union. 2If the German Financial Intelligence Unit receives a request from a Financial Intelligence Unit in another member state for additional information about an obliged entity that is registered in Germany and operates in the territory of the German Financial Intelligence Unit, the German Financial Intelligence Unit uses the powers conferred on it by this Act to obtain and forward information. 3Inquiries and answers under sentences 1 and 2 must be transmitted without undue delay.
(4) 1The German Financial Intelligence Unit may only reject a request for the transmission of information which it has been sent by a Financial Intelligence Unit of a member state of the European Union in the context of the performance of its functions if
- the transmission of information could jeopardise the internal or external security or other essential interests of the Federal Republic of Germany,
- in an individual case the transmission of information, even if there is a public interest in the information being transmitted, cannot be reconciled with the fundamental principles of German law,
- the transmission of information could hinder or jeopardise criminal investigations or the conduct of judicial proceedings, or
- the transmission is precluded by conditions under the law on mutual legal assistance imposed by foreign authorities with which the competent authorities are to comply.
2The German Financial Intelligence Unit sets out appropriately in writing to the requesting Financial Intelligence Unit the reasons for rejecting the request for information, except if the operational analysis is not yet complete or insofar as this could jeopardise the investigations.
(5) 1If the German Financial Intelligence Unit transmits information to a Financial Intelligence Unit of a member state of the European Union at that unit’s request, it should normally express its consent to the disclosure of the information to other authorities of that member state without undue delay and regardless of the type of associated predicate offences. 2The German Financial Intelligence Unit may only refuse its consent for the reasons set out in subsection (4). 3The German Financial Intelligence Unit sets out appropriately the reasons for its refusal to give consent. 4Use of the information for other purposes requires the prior consent of the German Financial Intelligence Unit.
(6) The German Financial Intelligence Unit appoints a central contact point that is responsible under this provision for receiving requests for information from the Financial Intelligence Units of other member states.