Whistleblower reporting; transmission of a whistleblower in the case of violations in the non-financial sector

If you have information about a violation of the Money Laundering Act in the non-financial sector, you can report it to the relevant government.

Description

Money laundering is the process by which illegally obtained assets are smuggled into the legal economic cycle and removed from the reach of law enforcement authorities.

Therefore, the Money Laundering Act imposes specific obligations on representatives of certain professions to help prevent money laundering or the misuse of legitimate businesses for money laundering.

If you have information about possible or actual violations of the Money Laundering Act (such as: a company does not identify its contracting partners) you can report this as a whistleblower, either personalized or anonymously, to the responsible supervisory authority.

Whistleblowers can make valuable contributions to uncovering the misconduct of individuals or entire companies and to containing or correcting the negative consequences of this misconduct.

Whistleblowers are an important source of intelligence for regulators in the so-called non-financial sector (NFS). Such tips may include confidential information that whistleblowers learn from their employment or other contractual or confidential relationships and bring to the attention of the relevant supervisory authority.

The relevant supervisory authority investigates each tip and determines whether there has been a breach of supervisory regulations. The supervisory authority protects your identity by offering you the opportunity to submit your information anonymously via an electronic whistleblowing system.

Responsible for receiving tips received by

  • Financial companies,
  • Insurance intermediaries,
  • Legal advisors who are not members of a bar association, and registered persons under Section 10 of the Legal Services Act,
  • service providers for companies and for trusts or fiduciaries,
  • real estate agents and
  • dealers in goods and
  • art brokers

are concerned, is

  • in the administrative districts of Lower, Middle and Upper Franconia, Upper Palatinate and Swabia: the Government of Middle Franconia
  • in the administrative districts of Upper and Lower Bavaria: the government of Lower Bavaria

Prerequisites

Information on violations within the scope of money laundering supervision can be reported to the competent supervisory authority on a personalized or anonymous basis, irrespective of a threshold value.

It should be noted, however, that reporting via the anonymous whistleblower system is not the same as reporting a reportable suspicious case to the Financial Intelligence Unit (FIU) located at Customs. If a suspicious case exists, it must generally be reported to the FIU via the "goAML" portal (see under "Related Topics").

Procedure

You can report your information about violations of the Money Laundering Act to the responsible office(s) via the electronic whistleblower system online or in writing (while maintaining anonymity).

Written procedure:

  • You prepare a written report of the potential or actual violation of the AMLA. If available, attach evidence.
  • Important: You may submit your report anonymously in any case.
  • Submit the report to the competent supervisory authority (for the administrative districts of Lower, Middle and Upper Franconia, Upper Palatinate and Swabia, the Government of Middle Franconia is responsible, and for the administrative districts of Upper and Lower Bavaria, the Government of Lower Bavaria). The responsible supervisory authority is displayed in the BayernPortal after entering the location under "Responsible for you".
    The report can be submitted by mail, by e-mail (via an e-mail address set up at short notice with subsequent deletion) or via a lawyer.
    After receipt, the responsible supervisory authority checks the reported information.
  • If contact data is available from you and the responsible supervisory authority has queries, a consultation regarding your report can take place.
  • In the case of an anonymous report, further processing will take place without contact.
  • If the information indicates a suspected crime, it will be forwarded to the locally responsible public prosecutor's office or police station and followed up there.

Deadlines

There is no deadline.

Processing time

The processing time is not relevant for the person giving the hint, because no results are communicated.

Fees

  • There are no costs involved.

Legal bases

Remedy

none

Links to more information

Related issues

Status:17.03.2023

Responsible for editing:Bayerisches Staatsministerium des Innern, für Sport und Integration

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.

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