Money laundering prevention - application for exemption from the duty to prepare documentation of risk analysis activities

• Obliged parties according to the Money Laundering Act www.gesetze-im-internet.de/gwg_2017/__2.html Only natural or legal persons who are active as: • 1. financial enterprises • 2. insurance intermediaries domiciled abroad, insofar as they maintain branches in Germany • 3. service providers for companies and for trust assets or trustees, if they provide the services specified in § 2 section 1 no. 13 GwG to third parties • 4. real estate agents • 5. bookmakers • 6. casinos • 7. operator of a betting agency • 8. commodity dealers, art brokers and art warehouse keepers, insofar as the warehousing takes place in duty-free zones are authorised to apply • Power of representation The person making the notification must be a member of the management or an internal/external (group) money laundering officer of the company. The legal counsel of the obliged person may also make the report upon presentation of the original power of attorney and designation of the subject matter. • Clear visibility of risks E. g. by the account of the risks your company is exposed to and how vulnerable it is to abuse regarding money laundering or terrorism funding. Clear visibility of existing specific risks is given in particular, if your business activities • involve no complex business operations, • the transactions made are on a manageable scale, • your customer structure is homogeneous, and if • there are no other circumstances associated with increased risks. • Appropriate awareness of existing risks E. g. presentation of the security measures taken on the basis of the concrete risks (e. g. regular instruction of staff used and safety checks) • For online applications: registration/login via BundID service.berlin.de/nutzerkonten/bundid/ To submit your application online, log in with your BundID account. If you do not yet have a BundID account, please register with BundID. The basic registration with a user name and password is sufficient for this.

• Application for exemption from the duty to prepare documentation of risk analysis activities • The application is possible in text form, please use the online procedure as a preferred option. • The application must demonstrate in a comprehensible and substantiated manner that the risks of money laundering and terrorist financing in your business sector are manageable and clearly identifiable. • Evidence of eligibility to submit an application • Proof of appointment as (group) money laundering officer or • Contract on the outsourcing of internal security measures or • Evidence that the person making the report is a member of the management level of the company (e.g. extract from the commercial register or shareholders' agreement) or • If applicable, an original mandate of the representing legal counsel related to the individual case. • Up to date risk analysis A comprehensive account of the internal safety measures in place based on the specific determined and assessed risks related to money laundering and terrorism funding in your area of work. • Up to date excerpt from the Trade Register, if applicable www.handelsregister.de/rp_web/normalesuche.xhtml Registered companies are required to submit an up to date excerpt from the Trade Register when applying. Legal entities that are in the process of being established (GmbH, AG) are required to submit their partnership agreement or statutes.

EUR 138.00 to EUR 1,380.00, depending on the administrative effort

• Money Laundering Act (GwG) § 5 section 4 www.gesetze-im-internet.de/gwg_2017/__5.html • Schedule of Administrative Fees (Verwaltungsgebührenordnung (VGebO)) <https://gesetze.berlin.de/jportal/?quelle=jlink&query=VwGebO+BE&psml=bsbeprod.psml&max=true&aiz=true>

approx. up to 6 weeks

• Information about prevention of money laundering by the Senate Department for Economics www.berlin.de/sen/wirtschaft/wirtschaftsrecht/geldwaesche/ar • Fact sheet: Risk-based organisational measures www.berlin.de/sen/wirtschaft/wirtschaftsrecht/geldwaesche/20 • Short overview: Risk management for goods traders www.berlin.de/sen/wirtschaft/wirtschaftsrecht/geldwaesche/ku • Short overview: Risk management for real estate agents www.berlin.de/sen/wirtschaft/wirtschaftsrecht/geldwaesche/ku • Casinos: Gambling Supervision at the Senate Department of the Interior www.berlin.de/sen/inneres/buerger-und-staat/weitere-themen/g • Basic Information Money Laundering Act for Obligated Persons in the Gambling Sector of the LABO www.berlin.de/labo/_assets/buergerdienste/20190311-basisinfo • Notes on the interpretation and application of the Money Laundering Act (AMLA) www.berlin.de/labo/_assets/buergerdienste/20190204_aua-gwg-g • First National Risk Analysis www.bundesfinanzministerium.de/Content/DE/Downloads/Broschue