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Statutes of Financial Intelligence Unit

Passed 06.11.2020 No. 39

The Regulation is established on the basis of subsection 42 (1) of the Government of the Republic Act.

Chapter 1 General Provisions 

§ 1.  Status of Financial Intelligence Unit

 (1) The Financial Intelligence Unit is a governmental authority within the area of government of the Ministry of Finance which performs the functions pursuant to law and other legislation, exercises state supervision and applies enforcement powers of the state on the bases and to the extent prescribed by law. The Financial Intelligence Unit performs independently the functions pursuant to the Money Laundering and Terrorist Financing Prevention Act and adopts independently decisions on the activities provided for in the specified Act.
10.11.2020 16:52
Error correction - Obvious inaccuracy corrected in the title of the Act “Money Laundering and Terrorist Financing Prevention Act” in the second sentence, the word “Financing” was added pursuant to subsection 10 (3) of the Riigi Teataja Act.

 (2) In the performance of its functions, the Financial Intelligence Unit represents the state.

§ 2.  Budget and seal

 (1) Costs of the Financial Intelligence Unit shall be covered from the state budget. The Financial Intelligence Unit has its own budget which is approved, amended and which implementation is monitored by the Minister of Finance pursuant to the procedure established by law.

 (2) The Financial Intelligence Unit has blank document forms with its name and the procedure for use thereof shall be determined in the operations procedure of the Financial Intelligence Unit.

 (3) The Financial Intelligence Unit has a circular seal of a diameter of 35 mm with the small national coat of arms in the centre and the words “Financial Intelligence Unit” circling the edge of the seal.

§ 3.  Reporting obligation

  The Financial Intelligence Unit is accountable to the Minister of Finance who directs and co-ordinates its activities and exercises supervisory control over it to the extent provided by law.

§ 4.  Seat

  The seat of the Financial Intelligence Unit is in Tallinn.

§ 5.  Name of Financial Intelligence Unit in Estonian

  The name of the Financial Intelligence Unit in Estonian is Rahapesu Andmebüroo.

Chapter 2 Area of Activity and Functions 

§ 6.  Area of activity of Financial Intelligence Unit

  The area of activity of the Financial Intelligence Unit is to ensure prevention of money laundering and terrorist financing and implementation of international financial sanctions.

§ 7.  Functions of Financial Intelligence Unit

  The functions of the Financial Intelligence Unit are:
 1) prevention of money laundering and terrorist financing, receipt, gathering, requiring submission, registration, processing, analysing and dissemination of information referring to it;
 2) strategic analysis of the risks, threats, trends, patterns and modus operandi of money laundering and terrorist financing;
 3) application of enforcement powers of the state on the bases of and to the extent provided by law;
 4) supervision over the activities of obliged entities in complying with the Money Laundering and Terrorist Financing Act, unless otherwise provided by legislation;
 5) informing the public about the prevention and identification of money laundering and terrorist financing and preparing and publishing an aggregate overview at least once a year;
 6) cooperation with obliged entities, competent supervisory authorities and investigative bodies in prevention of money laundering and terrorist financing;
 7) training employees of obliged entities, investigators, prosecutors and judges in matters of prevention of money laundering and terrorist financing;
 8) performance of functions pursuant to the International Sanctions Act;
 9) conducting misdemeanour proceedings provided for in the Money Laundering and Terrorist Financing Prevention Act and the International Sanctions Act;
10.11.2020 16:52
Error correction - Obvious inaccuracy corrected in the title of the Act “Money Laundering and Terrorist Financing Prevention Act”, the word “Financing” was added pursuant to subsection 10 (3) of the Riigi Teataja Act.
 10) processing applications for authorisations, suspending or prohibiting business activities or suspending or revoking an authorisation pursuant to the procedure provided for in the General Part of the Economic Activities Code Act, taking account of the specifications of the Money Laundering and Terrorist Financing Prevention Act;
 11) cooperation with other authorities, relevant foreign authorities and international organizations, incl. organization of international communication and exchange of information;
 12) performance of other functions imposed to the Financial Intelligence Unit by legislation.

Chapter 3 Structure 

§ 8.  Approval of composition of places of employment at Financial Intelligence Unit

  The composition of places of employment at the Financial Intelligence Unit shall be approved by the Minister of Finance or the head (hereinafter head) of the Financial Intelligence Unit as authorised by the Minister of Finance.

§ 9.  Structural units of Financial Intelligence Unit

 (1) Structural units of the Financial Intelligence Unit are departments.

 (2) Departments may include divisions.

 (3) The functions and competence of the structural units of the Financial Intelligence Unit shall be specified in the statutes of the structural units approved by the head.

 (4) The structure of the Financial Intelligence Unit may include posts or positions of employees subordinate to the head and located outside the structural units.

 (5) The official duties, rights and responsibilities of employees located outside the structural units shall be determined in compliance with the job description approved by the head or in the employment contract.

§ 10.  Departments of Financial Intelligence Unit

  The departments of the Financial Intelligence Unit are:
 1) Case Analysis Department;
 2) Supervision Department;
 3) Strategic Analysis Department;
 4) General Department.

§ 11.  Case Analysis Department

  The main functions of the Case Analysis Department are:
 1) receipt, gathering, requiring submission, registration, processing, analysing and verifying of information referring to money laundering and terrorist financing;
 2) dissemination of information referring to suspicion of money laundering and terrorist financing to investigative bodies, prosecutor's office and other competent authorities;
 3) exchange of information with financial intelligence units of other countries for the purpose of prevention and analysing of money laundering, terrorist financing and crimes related to them;
 4) organization of foreign relations activities of Financial Intelligence Unit.

§ 12.  Supervision Department

  The main functions of the Supervision Department are:
 1) supervision over compliance with the Money Laundering and Terrorist Financing Prevention Act and International Sanctions Act and conduct of proceedings of offences provided for in these Acts;
 2) conduct of proceedings relating to authorisations provided for in the Money Laundering and Terrorist Financing Prevention Act;
 3) receipt, verification of information concerning financial sanctions and performance of functions related to implementation of financial sanctions.

§ 13.  Strategic Analysis Department

  The main functions of the Strategic Analysis Department are the studies and analyses of the risks, threats, trends, patterns and modus opeandi of money laundering and terrorist financing.

§ 14.  General Department

  The main function of the General Department is to support the principal activities of the Financial Intelligence Unit, among other things organization of operations, financial management and communication, human resources management and resolve legal issues.

Chapter 4 Organization of Management 

§ 15.  Management of Financial Intelligence Unit

 (1) The Financial Intelligence Unit is managed by its head who shall be appointed to and released from office by the Government of the Republic on the proposal of the Minister of Finance.

 (2) The head of the Financial Intelligence Unit may have a deputy head whose precise service functions, rights and responsibilities are determined in the job description approved by the head.

 (3) The departments are subordinate to the head or deputy head via directly subordinate department heads. The head or deputy head shall coordinate, direct and control the activities of the department heads.

§ 16.  Head

 (1) The head shall:
 1) manage the operation of the Financial Intelligence Unit and organize, via the heads or deputy heads of the structural units of the Financial Intelligence Unit, performance of the functions in the competence of the Financial Intelligence Unit and be responsible for the results of the activities of the Financial Intelligence Unit;
 2) enter into contracts on behalf of the Financial Intelligence Unit, represent the Financial Intelligence Unit and grant general and special authorisations for the purpose of representation of the Financial Intelligence Unit (including performance of administrative acts in public law and representation in court proceedings and civil law relationships);
 3) be responsible for accurate and purposeful compliance with legislation governing the activities of the Financial Intelligence Unit and report to the Minister of Finance;
 4) exercise supervisory control or assign this function according to Chapter 5 of this Regulation;
 5) appoint to and release from office the officials of the Financial Intelligence Unit and enter into, amend and terminate employment contracts with the employees of the Financial Intelligence Unit;
 6) approve the work organization rules, the operations procedure and other internal instructions and procedures governing the internal work organization of the Financial Intelligence Unit, the statutes of the structural units, job descriptions of officials and employees, etc. in compliance with the legislation in force;
 7) submit proposals to the Minister of Finance about the budget for revenue and expenses of the Financial Intelligence Unit and monitor the purposeful implementation of the budget;
 8) make proposals to the Minister of Finance for the management of the area of activity of the Financial Intelligence Unit;
 9) form standing or ad hoc advisory committees, councils and working groups and determine their functions and rules of procedure;
 10) issue precepts and administrative acts on the bases provided by legislation;
 11) organize prudent use of the state assets transferred into the possession of the Financial Intelligence Unit in accordance with the State Assets Act;
 12) enter into agreements, within the limits of his or her competence, with relevant foreign and international organizations;
 13) perform other functions arising from legislation.

 (2) The head shall have the right to issue, within the limits of his or her competence, directives, oral and written orders on the basis of legislation and for compliance therewith.

§ 17.  Substitution of head

 (1) In the absence of the head, substitution of the head shall be based on the below order:
 1) deputy head;
 2) head of the Case Analysis Department;;
 3) head of the Supervision Department;
 4) head of the Strategic Analysis Department;

 (2) On the proposal of the head or in exceptional cases, the Minister of Finance may appoint an official of the Financial Intelligence Unit not specified in subsection (1) to substitute for the head.

§ 18.  Management of structural units of Financial Intelligence Unit

 (1) Departments of the Financial Intelligence Unit are managed by department heads who are immediately subordinate to the head or deputy head.

 (2) A department head shall:
 1) be responsible for lawful, timely and professional performance of the functions imposed to the department headed by him or her and control the performance of the duties by the employees subordinate to him or her;
 2) report on the activities of the department to his or her immediate superior;
 3) give orders to subordinate employees to perform the functions of the department;
 4) comply with the orders given to him or her by his or her immediate superior and higher ranking superior or inform of obstacles to their performance;
 5) make proposals to his or her immediate superior to change the structure, composition and organization of work of the department and motivate the employees and, as appropriate, to warn and impose disciplinary punishments;
 6) apply for means necessary to perform the functions of the department and arrange for the proper keeping, maintenance and use thereof;
 7) apply for training for the employees of the department for more effective performance of the duties;
 8) represent the department and submit opinions and approvals on behalf of the department;
 9) sign the letters and documents prepared by the department which do not assume financial or any other proprietary obligations and do not give rights or impose obligations to any persons outside the Financial Intelligence Unit, unless otherwise provided by legislation.

Chapter 5 Supervisory Control 

§ 19.  Supervisory control

 (1) The head shall exercise supervisory control over the activities of the structural units and employees of the Financial Intelligence Unit pursuant to the procedure provided by law.

 (2) The head may assign the function of exercising direct supervisory control to the deputy head or a department head or any other official.

Chapter 6 Reorganization and Dissolution 

§ 20.  Reorganization and dissolution of Financial Intelligence Unit

  The Financial Intelligence Unit is reorganized or dissolved pursuant to law.

§ 21.  Register acts

  The Financial Intelligence Unit is registered pursuant to the procedure provided by law.

§ 22.  Entry into force of Regulation

  This Regulation enters into force on 1 January 2021.