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Stand:updated on 01.04.2020 | Topic Anti-money laundering General

BaFin´s role in preventing money laundering, terrorist financing and other criminal offences

It is the goal of BaFin to prevent the misuse of the financial system for the purpose of money laundering, terrorist financing and other criminal offences, which can lead to a threat to assets of an institute. Bodies in the financial sector subject to the money laundering supervision of BaFin include not just credit institutions, financial services institutions and payment institutions, but also life insurance undertakings, German asset management companies (Kapitalverwaltungsgesellschaften) and persons and companies that sell or convert e-money. BaFin is the only competent authority in this field (whereas Deutsche Bundesbank does not have AML/CFT-competence).

BaFin ensures that the companies and persons under its supervision implement any statutory obligations adopted for this purpose. These obligations are derived from the Money Laundering Act (Geldwäschegesetz – GwG), the Banking Act (Kreditwesengesetz – KWG), the Insurance Supervision Act (Versicherungsaufsichtsgesetz – VAG), the Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz – ZAG) or the Investment Code (Kapitalanlagegesetzbuch – KAGB).

a.) Department for the prevention of money laundering
In order to simplify this process, since 2003 BaFin has bundled all responsibilities relating to these tasks under the Department for the Prevention of Money Laundering, which carries out money laundering supervision of all institutions, companies and persons specified under section 50 of the GwG. The department is also responsible for supervision of the implementation of statutory regulations to prevent the commission of other criminal offences within the meaning of section 25h of the KWG.

b.) International cooperation
The Department for the Prevention of Money Laundering also represents BaFin in various international and European bodies, such as the Financial Action Task Force on Money LaunderingFATF or the Sub-Committee on Anti Money Laundering (AMLC), a sub-committee of the Joint Committee of the European Supervisory Authorities.

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Publications on this topic

Com­bat­ing mon­ey laun­der­ing: “There is still some way to go”

On the whole, companies in the financial industry have made progress in the area of money laundering prevention in recent years. But in BaFin’s view, further improvement is needed.
Commentary by Birgit Rodolphe, Chief Executive Director of Resolution and Prevention of Money Laundering at BaFin.

BaFin or­ders fu­tu­rum bank AG to rem­e­dy short­com­ings in mon­ey laun­der­ing pre­ven­tion

On 23 October 2023, the Federal Financial Supervisory Authority (BaFin) ordered futurum bank AG to remedy shortcomings in its precautions for the prevention of money laundering and terrorist financing. Serious deficits were identified in internal controls and safeguards, in the fulfilment of due diligence requirements and in suspicious transaction reporting.

BaFin or­ders Leon­teq Se­cu­ri­ties (Eu­rope) GmbH to rem­e­dy short­com­ings in the area of mon­ey laun­der­ing pre­ven­tion

The Federal Financial Supervisory Authority (BaFin) has ordered Leonteq Securities (Europe) GmbH to remedy shortcomings in its arrangements for the prevention of money laundering and terrorist financing. Serious shortcomings were found in the company’s outsourcing of internal controls and safeguards, performance of due diligence and compliance with record-keeping and retention requirements. BaFin

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