Terrorist financing; implementation of supervision
The Money Laundering Act (AMLA) is also intended to prevent the abuse of the legitimate economy for the purpose of terrorist financing.
The Money Laundering Act (AMLA), which was originally specifically designed to combat organized crime, was expanded under the impact of the terrorist attack on the World Trade Center in New York on September 11, 2001, to counter the threat of international terrorism.
What is terrorist financing and how can it be identified?
A legal definition of terrorist financing is provided by Section 1(2) of the Act on the Tracing of Profits from Serious Crimes (Money Laundering Act - AMLA):
"Terrorist financing within the meaning of this Act is
- Providing or collecting property with the knowledge or intent that such property will be used or is intended to be used, in whole or in part, to commit one or more of the following crimes:
- an act pursuant to Section 129a of the Criminal Code, also in conjunction with Section 129b of the Criminal Code, or
- another of the offences defined in Articles 3, 5 to 10 and 12 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31 March 2017, p. 6).
- the commission of an act pursuant to Section 89c of the Criminal Code, or
- the instigation of or aiding and abetting of an act referred to in point 1 or 2."
The European Union has created a dedicated page on combating the financing of terrorism. The website also contains a tool, for identifying persons, groups and organizations subject to a comprehensive ban on disposal due to a sanction (see "Related Links"). If a sanctioned person, group or organization is involved in a transaction offered to you using the tool, this will generally trigger the fulfillment of the general due diligence obligations pursuant to Section 10 (3) No. 3 AMLA and the filing of a SAR pursuant to Section 43 (1) No. 2 AMLA (see "Money Laundering; Filing of a SAR" under "Related Topics").
Among others, the following indicators may point to possible terrorist financing:
- Hits in "Terror List": The German Federal Office of Economics and Export Control (BAFA) has published a "Fact Sheet on Country-Independent Embargo Measures to Combat Terrorism," which contains recommendations for action in dealing with sanctions lists as well as other informative tips. The sanctions lists (national, EU or UN) are freely available on the Internet at:
- conspicuous change of character of the customer (e.g. change of clothes - away from Western European outfit);
- Transactions always below threshold amounts and in cash;
- conspicuous avoidance of personal contact by the customer;
- frequent presentation of conspicuously new identification documents;
- refraining from the transaction if further information is required;
- Indications of support for persons/groups that are to be regarded as fundamentalist/extremist (e.g., in reports on the protection of the constitution).
For more information, see also "Further links".
Information on this topic can also be found under "Money Laundering; Implementation of Supervision" and "Money Laundering; Filing a Suspicious Activity Report" under "Related Topics".
Links to more information
Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited