Vastuskiri

Saatja: rahapesu - RAB <[email protected]> Saaja: Karolīna Avdejenko, Artūrs Kārkliņš Teema: RE: Clarification Regarding the Appointment of a Compliance Officer under § 17 of the AML Act / Tonybet OU Dear Karolīna Avdejenko, Thank you for contacting FIU Estonia. In response to your query of 15 September 2026 to the Estonian Financial Intelligence Unit (FIU) regarding the requirement set out in Section 17(5) of the Estonian Money Laundering and Terrorist Financing Prevention Act (the Act), please note that a compliance officer may only be appointed if the person works permanently in Estonia and meets the statutory requirements concerning education, professional suitability, experience and reputation. The purpose of this requirement is not merely formal. The compliance officer has a substantive role in ensuring the obliged entity's compliance with anti-money laundering and counter-terrorist financing requirements and must be capable of performing those functions effectively and without delay. In particular, the compliance officer must be able to communicate promptly with the FIU, provide requested information and documents, and, where necessary, take immediate measures in response to urgent circumstances. When assessing whether a person works permanently in Estonia, the FIU takes into account the actual circumstances of the employment relationship, including whether the person has a legal basis for permanent residence and employment in Estonia (including, where applicable, a valid residence permit), whether the person is registered in the Estonian employment register, and whether the person receives regular remuneration commensurate with the position. Accordingly, the requirement cannot be regarded as fulfilled where a person is formally employed by an Estonian undertaking and registered in Estonia, but in practice performs their duties on a permanent basis from another country, for example by working remotely from their home country. In such a situation, the actual place of work is considered to be that other country rather than Estonia. Therefore, a person who permanently resides and performs the duties of a compliance officer outside Estonia would generally not be regarded as working permanently in Estonia within the meaning of Section 17(5) of the Act. In summary, the requirement to work permanently in Estonia primarily concerns the actual place from which the compliance officer performs their duties on a permanent basis. Compliance with this requirement cannot be established solely by having a registered address in Estonia or by being registered as an employee of an Estonian undertaking. Please note that the current response is written based solely on the information and explanation provided in Your query. The position of the FIU may change in the event of any discrepancies found between the activities in practice and the factual circumstances presented or for any other reason which FIU could not have considered at a time of responding to the query. Hopefully the above explanations were helpful. Best regards, Rahapesu Andmebüroo | Estonian Financial Intelligence Unit Tel +372 696 0500 | Pronksi 12, Tallinn | www.fiu.ee <https://www.fiu.ee/> From: Karolīna Avdejenko <[email protected]> Sent: Tuesday, September 15, 2026 2:40 PM To: rahapesu - RAB <[email protected]> Cc: Artūrs Kārkliņš <[email protected]> Subject: Clarification Regarding the Appointment of a Compliance Officer under § 17 of the AML Act / Tonybet OU Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga. Tundmatu saatja korral palume linke ja faile mitte avada. Dear Sir or Madam, I am writing on behalf of an online gambling operator Tonybet OU and would like to seek your opinion regarding the requirements set out in § 17 of the Estonian Money Laundering and Terrorist Financing Prevention Act, in particular subsection (5). Subsection (5) provides: “(5) Only a person who works permanently in Estonia and has the education, professional suitability, abilities, personal qualities, experience and impeccable reputation required for performance of the duties of a compliance officer may be appointed as a compliance officer. The appointment of a compliance officer is coordinated with the Financial Intelligence Unit.” In this regard, we would appreciate your clarification on what is meant by the requirement that a Compliance Officer “works permanently in Estonia” under the applicable Estonian legislation. Specifically, does this require actual physical presence in Estonia, registered residence in Estonia, or a particular legal residence status? Thank you in advance for your clarification. Best regards, Karolīna Avdejenko Compliance Officer E: [email protected] <mailto:[email protected]> A: Krišjāņa Valdemāra street 118, Riga, LV-1013, Latvia