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Saatja: Vadym Tsenenko <[email protected]> Saaja: rahapesu - RAB Teema: Clarification on authorisation requirements for providing trust and company services Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. Tundmatu saatja korral palume linke ja faile mitte avada. Dear Sir/Madam, I am writing to request clarification on certain requirements related to obtaining authorisation for providing trust and company services under the Money Laundering and Terrorist Financing Prevention Act (RahaPTS). 1. Place of service provision (RahaPTS § 70 (3) 1)) The Act requires the applicant to indicate the place of service provision. However, it does not specify detailed conditions regarding this location. * Does the applicant need to maintain a physical office in Estonia? * Would a rented address from another service provider be sufficient? 2. References to the International Sanctions Act (RahaPTS § 70 (3) 5) and 7)) The provision refers to “persons having specific duties listed in § 6 of the International Sanctions Act” and requires procedures drawn up in accordance with “subsection 6 of § 12 of the International Sanctions Act.” However, § 6 only defines violations of international sanctions, and § 12 does not contain a subsection 6. * Who are considered “persons having specific duties” under § 6 of the International Sanctions Act? * Which provision should be followed for the rules of procedure and appointment of the person responsible for imposing international financial sanctions, as required by RahaPTS § 70 (3) 7)? 3. Foreign applicants (RahaPTS § 70 (3) 8)) The Act provides that where “the undertaking, a member of its management body, procurator, beneficial owner or owner is a foreign national or where the undertaking is a foreign service provider,” a certificate of the criminal records database or an equivalent document must be submitted. This wording suggests multiple possible situations when applying. * Does this also cover cases where the applicant operates in Estonia through a branch (Eesti filiaal), or is a branch treated differently for the purposes of this requirement? 4. Certificate of criminal records for Ukrainian applicants (RahaPTS § 70 (3) 8)) The Act requires submission of “a certificate of the criminal records database or an equal document issued by a competent judicial or administrative body of its country of origin.” In Ukraine, however, legal entities cannot bear criminal liability – only natural persons (e.g., the director) can. Therefore, no official certificate of non-conviction exists for legal entities. * In this situation, which document should a Ukrainian company submit to comply with the requirement? * Would a criminal record certificate of the director (or other responsible persons) be accepted in place of a document for the legal entity? 5. Exemption from preparing rules of procedure (RahaPTS § 70 (3) 5) in connection with § 14 (7)) The Act requires submission of “the rules of procedure and internal control rules drawn up in accordance with §§ 14 and 15 of this Act.” However, RahaPTS § 14 (7) provides that obliged entities, except for credit institutions or financial institutions, may apply for partial or full release from the obligation to prepare documented rules of procedure and internal control rules. * Under which conditions or requirements can an applicant qualify for such release? * What is the procedure for applying to the supervisory authority for this exemption? I apologise for the length of this request and kindly ask for comprehensive answers to the questions above. Best regards, [Juscutum | Legal Engineering]<http://www.juscutum.com/> Vadym Tsenenko Intern [email protected]<mailto:[email protected]> www.juscutum.com <http://www.juscutum.com/> This mail contains confidential information and is protected by the law of Ukraine and our trust in disclaimers.