(1) 1If the German Financial Intelligence Unit receives a report under section 43 (1) which concerns the area of competence of another country, it may forward this report promptly to the Financial Intelligence Unit of that country. 2It notifies the Financial Intelligence Unit of the country concerned that the personal data may only be used for the purpose for which it has been transmitted.
(2) 1The German Financial Intelligence Unit may transmit personal data to the Financial Intelligence Unit of another country at its request
- for an operational analysis to be conducted by the Financial Intelligence Unit of the other country,
- in the framework of a planned urgent measure under section 40, insofar as facts indicate that the property
a) is located in Germany, and
b) is connected with a matter which is before the Financial Intelligence Unit of the other country, or
- for the performance of the functions of another foreign public authority which serves to prevent, detect and combat money laundering or predicate offences for money laundering or terrorist financing.
2For this purpose, it may use information held by it. 3If this information also includes data collected or transmitted by other domestic or foreign authorities, the disclosure of this data is only permissible with the consent of these authorities, unless the information comes from publicly accessible sources. 4The German Financial Intelligence Unit may request information from other domestic public authorities in accordance with sections 28, 30 and 31 or demand information from obliged entities. 5Requests for information and demands for information must be answered in a timely manner.
(3) The transmission of personal data to a Financial Intelligence Unit of another country is only permissible if the request contains at least the following information:
- the name, address and other contact details of the requesting authority,
- the reasons for the request and designation of the purpose for which the data are to be used under subsection (2),
- necessary details about the identity of the person concerned insofar as the request relates to a known person,
- a description of the matter on which the request is based, and the authority to which the data are to be disclosed, where applicable, and
- an indication of the extent to which the matter concerns money laundering or terrorist financing.
(4) 1The German Financial Intelligence Unit may also transmit personal data to a Financial Intelligence Unit of another country without a request if facts indicate that natural or legal persons in the territory of that country have committed money laundering or terrorist financing offences. 2This applies irrespective of the type of predicate offence for money laundering and also if the type of predicate offence has not been established.
- (5) 1The German Financial Intelligence Unit is responsible for the permissibility of the data transmission. 2When transmitting data to a foreign Financial Intelligence Unit, it may impose restrictions and conditions on the use of the data transmitted.
- (6) 1The recipient of personal data must be notified that the personal data may only be used for the purpose for which they have been transmitted. 2If the data is to be disclosed by the requesting foreign Financial Intelligence Unit to another authority in that country, the prior consent of the German Financial Intelligence Unit is required, with due regard for the purpose and the legitimate interests of the data subject regarding the data. 3If the information is to be used as evidence in criminal proceedings, the rules of cross-border cooperation in criminal matters apply.
- (7) 1Personal data must not be transmitted to a foreign Financial Intelligence Unit if
- the transmission could harm the internal or external security or other essential interests of the Federal Republic of Germany,
- special transmission provisions in federal law preclude transmission, or
- in the individual case, even with due regard for the special public interest in the transmission of the data, the legitimate interests of the data subject are overriding.
2The legitimate interests of the data subject also include the existence of an appropriate level of data protection in the receiving country. 3The legitimate interests of the data subject may also be safeguarded by appropriate protection of the data transmitted being guaranteed in the individual case by the receiving country or the receiving international or supranational authority.
(8) Personal data should not be transmitted if
- the transmission could hinder or jeopardise criminal investigations or the conduct of judicial proceedings, or
- it is not ensured that the requesting foreign Financial Intelligence Unit would respond to a German request of the same kind.
(9) The reasons for rejecting a request for information should be set out appropriately to the requesting Financial Intelligence Unit.
(10) 1The German Financial Intelligence Unit is required to record the date, the data transmitted and the receiving Financial Intelligence Unit. 2If data is not transmitted, this must be recorded accordingly. 3It must retain this data for three years and then delete it.