Section 45 GwG – Form of reporting, registration requirement, performance by third parties, power to issue statutory instruments

(1) 1The report under section 43 (1) or section 44 must be filed electronically. 2Obliged entities under section 2 (1) must register electronically with the German Financial Intelligence Unit irrespective of the submission of a suspicious transaction report. 3If electronic data transmission is disrupted, transmission by post is permissible. 4Due to the special need for a uniform data transmission procedure, reports under section 44 are also obligatory for the supervisory authorities of the Länder.
(2) 1To avoid undue hardship, the German Financial Intelligence Unit may, upon request, waive the requirement for the electronic transmission of a report by an obliged entity and authorise transmission by post. 2The exemption may be granted for a limited period.
(3) The official form must be used for transmission by post.
(4) When meeting the reporting obligation under section 43 (1), an obliged entity can use third parties in line with section 6 (7).
(5) 1The Federal Ministry of Finance may, by means of a statutory instrument not requiring the consent of the Bundesrat, enact more detailed provisions concerning the form of reporting under section 43 (1) or section 44. 2No derogations from subsection (1) or the provisions of any regulation under sentence 1 by means of the law of the Länder are permissible.