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Prevention of money laundering and terrorist financing – fighting crime together and minimising your risks
CMS – a reliable partner in times of rapid change
As the (financial) world becomes increasingly digital and continues to evolve, it is throwing up a host of challenges and hurdles.
White-collar criminals are taking advantage of precisely this scenario. In response, legislation by the European Union and in Germany is imposing ever-tougher regulatory requirements on economic agents. Companies urgently need the support of competent partners here who can help them to stay abreast of developments and implement regulatory requirements appropriately, thus avoiding legal and reputational risks.
Money laundering and terrorist financing – an issue for you too?
If you or your company are an obligated entity as defined in section 2 (1) of the German Anti-Money Laundering Act (Geldwäschegesetz – GwG), you are bound by an extensive set of obligations under the GwG.
Obligated entities pursuant to section 2 (1) of the GwG include, but are not limited to, credit institutions, real estate agents, insurance intermediaries and traders in goods, as well as lawyers and tax advisors.
Examples of the specific obligations include:
Setting up an effective risk management system
Preparation of a risk analysis
Adoption of safeguards appropriate to the risk
Appointment of a money laundering reporting officer
Training of employees
Compliance with due diligence / KYC obligations.
We provide support across all regulatory requirements and questions
As a reliable partner, we are happy to assist if you have any questions about your obligations under the GwG or need support.
Our expertise includes
questions about the transparency register and the associated obligations to register and submit reports
handling internal incidents and suspicious activities.
CMS experts as external money laundering reporting officers
We can also support you around all aspects of outsourcing your obligations under money laundering legislation by offering you the option of transferring some functions to us. This could include serving as your money laundering reporting officer.
18/03/2024
E-learning | Money laundering prevention in industry and trade
This e-learning course was developed specifically for employees and suppliers. It is intended to raise awareness of what must be observed legally to successfully prevent money laundering. As the addressees of the Anti-Money Laundering Act (Geldwäschegesetz, GwG), companies are obliged to take precautions against their own abuse for money laundering purposes or financing terrorists. The e-learning course takes into account the special position of goods traders in money laundering prevention and can be individually supplemented and modified with regard to the specific risk exposure (especially business activities with high-risk countries, dealing with deviating payers or conspicuous drop shipments).
CMS as a point of contact for the authorities and source of support during audits by regulatory bodies
In addition, we can assist you when dealing with the authorities and courts.
We provide support if an audit by a (regulatory) agency is pending or if you face a possible search by investigating authorities.
We can also liaise with the authorities on your behalf in our role as external money laundering reporting officers, including dealing with official enquiries.
With our long experience and wide-ranging industry knowledge, we make it easier for you to communicate with the relevant authorities and ensure that your business runs smoothly.
CMS‘ AML-Experts’-„Breakfast“ is a longstanding and established event. To accommodate an audience interested in German and international AML-news residing in different time zones, we are hosting the online-event at a later time on this day. As always, we will present current developments in the field of money laundering prevention, with a focus on German perspectives, upcoming regulation and regulatory practice relevant for Germany. The virtual participation is possible from every compatible computer or mobile device. The event is free of charge and is designed for financial services and non-financial services companies subject to AML legislation. If you require a certificate of attendance that meets the requirements of the supervisory authorities, we are happy to accommodate this at a small contribution towards expenses. Please do not hesitate to contact us.
Russia sanctions: Non-EU subsidiaries to comply with EU law
On 24 June 2024, the EU adopted the 14th package of sanctions against Russia, introducing new restrictions on goods and services and listing more individuals and legal persons. In practice, more relevant...
Violation of EU competition law: Commission fines Mondelez EUR 337.5m for...
On 23 May 2024, the European Commission imposed an alarmingly high fine of EUR 337.5 million on the US company Mondelez, one of the world's largest producers of chocolate and biscuit products. The accusations:...
This e-learning course covers the basics of data protection law based on the GDPR. It is aimed at all persons who come into contact with personal data in the course of their professional activities and provides a good overview of the most important data protection principles and requirements. Thanks to numerous animations and illustrative practical examples, it enables participants to quickly become familiar with the topic.
The aim of the e-learning course is to raise awareness of the lawful handling of personal data in all areas of the company and to enable employees to respond appropriately to data protection incidents and other situations.
Co-determination in the setup and organisation of whistleblower reporting...
This article deals with the co-determination rights of the works council as regards whistleblower reporting offices in accordance with the German Whistleblower Protection Act (HinSchG).The legislator...
E-learning | Contact with competitors – basic competition law rules
Our e-learning course on dealing with competitors provides our clients with a sound basis for training their employees. This e-learning course guides through the correct conduct under competition law when in contact with competitors.
E-learning | Protection of reporting persons using a whistleblower system
The EU’s Whistleblower Directive (2019/1937) was transposed into national law in Germany by the Whistleblower Protection Act (Hinweisgeberschutzgesetz, HinSchG). The Whistleblower Protection Act came into effect on 2 July 2023. We have developed an e-learning course for your employees that answers the essential legal and organisational questions relating to the whistleblower protection provided by having a reporting system in place. The course also explains how a whistleblowing system works and encourages staff to report potential issues internally rather than contacting the relevant external reporting office.
This e-learning course teaches the basics of open source compliance. The aim of the course is to raise awareness of the advantages as well as the risks and pitfalls of open source software in all these levels of the company. At the end of the course, solutions to identify risks and avoid them as best as possible through appropriate processes are shown. The e-learning course is aimed at everyone in companies who comes into contact with open source software. This includes not only management but also the IT and development department, purchasing, sales and product management.
E-learning | Money laundering prevention in industry and trade
This e-learning course was developed specifically for employees and suppliers. It is intended to raise awareness of what must be observed legally to successfully prevent money laundering. As the addressees of the Anti-Money Laundering Act (Geldwäschegesetz, GwG), companies are obliged to take precautions against their own abuse for money laundering purposes or financing terrorists. The e-learning course takes into account the special position of goods traders in money laundering prevention and can be individually supplemented and modified with regard to the specific risk exposure (especially business activities with high-risk countries, dealing with deviating payers or conspicuous drop shipments).
E-learning | Open source compliance for software developers
This e-learning course has been specially designed for software developers. Its purpose is to raise awareness of what needs to be considered from a legal viewpoint when software developers use open source software.
E-Learning | Preventing corruption – basics and practical tips
In a business context, benefits such as gifts and invitations are mainly intended to promote and maintain business relationships. However, using excessive benefits to influence business decisions is not allowed. There is often uncertainty about what is "allowed" and what is "banned" in the business world. Our basic training on corruption prevention educates your employees and provides practical guidance for everyday business that complies with legal requirements.
ARD Conference of Committee Chairs draws up framework compliance policy...
Munich – The committee chairs of German broadcaster ARD have agreed on a framework policy for members of supervisory bodies. This specifies in more detail the requirements under the relevant interstate treaties and establishes the basis for a common compliance culture across the individual broadcasting councils and administration councils. The policy includes standards of conduct for committee members and rules on dealing with possible conflicts of interest. For greater transparency, members of ARD supervisory bodies are also urged to share information on the Internet about their other roles before and during membership of broadcasting councils and administration councils. The onus is now on the broadcasting councils and administration councils of the ARD stations to implement the recommendations of the ARD Conference of Committee Chairs. They also need to check on a case-by-case basis whether additions need to be made as a result of existing statutory regulations or aspects specific to the particular committee.A CMS team including Dr Harald Potinecke and Laura Posch advised the Conference of Committee Chairs and a working party comprising committee members of all stations on all legal aspects of developing the framework compliance policy. Contacts at CMS Germany Dr Harald Potinecke, Partner
Laura Posch, Senior Associate, both CompliancePress Contact
presse@cms-hs. com
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