(1) If facts exist which indicate that
- an asset in connection with a business relationship, brokerage or transaction originates from a criminal offence that could constitute a predicate offence of money laundering,
- a business transaction, other transaction or asset is related to terrorist financing, or
- the contracting party has not fulfilled its obligation under section 11 (6), sentence 3 to disclose to the obliged entity whether it intends to establish, continue or conduct the business relationship or transaction on behalf of a beneficial owner,
the obliged entity is to report this matter, irrespective of the value of the property in question or the amount of the transaction involved, to the German Financial Intelligence Unit without delay.
(2) 1By way of derogation from subsection (1), obliged entities under section 2 (1) nos. 10 and 12 are exempt from the reporting obligation if the reportable matter relates to information they received in the course of legal advice or legal representation activities. 2However, the reporting obligation continues to exist if the obliged entity knows that the contracting party has used or is using the legal representation for the purpose of money laundering or terrorist financing or another criminal offence, or a case referred to in subsection (6) applies.
(3) A member of the senior management of an obliged entity is to file a report under subsection (1) with the German Financial Intelligence Unit if
- the obliged entity operates an establishment in Germany, and
- the reportable matter is related to an activity of the German establishment.
(4) 1If a matter reported to the German Financial Intelligence Unit under subsection (1) also contains the information necessary for a criminal complaint in accordance with section 261 (9) sentence 1 of the Criminal Code, the report is also deemed to be voluntary self-incrimination within the meaning of section 261 (9) sentence 1 of the Criminal Code. 2The reporting obligation under subsection (1) does not preclude the report from being voluntary under section 261 (9) sentence 1 of the Criminal Code.
(5) The German Financial Intelligence Unit may, in agreement with the supervisory authorities, define types of transactions which are always to be reported under subsection (1).
(6) In consultation with the Federal Ministry of Justice and Consumer Protection, the Federal Ministry of Finance may, by way of a statutory instrument not requiring the consent of the Bundesrat, determine matters related to acquisition transactions under section 1 of the Real Estate Transfer Tax Act that must always be reported in accordance with subsection (1) by obliged entities under section 2 (1) nos. 10 and 12.