Rules of procedure for prevention of money laundering and terrorist financing and compliance with intermation sanctions

Established by the decision of the Management Board of BLOCKCHAINTECH OÜ, registry
code № 14576809, (hereinafter Provider of Service).

1. General provisions.

1.1. These rules of procedure for prevention of money laundering and terrorist financing, and compliance with international sanctions (hereinafter Rules) lay down requirements for screening the Clients (as defined in Section 2.7) in order to prevent entering into deals involving suspected Money Laundering and Terrorist Financing, and to ensure identification and reporting of such.
1.2. The obligation to observe the Rules rests with Management Board members and employees of the Provider of services, including temporary staff, agents of the Provider of service who initiate or establish Business Relationship (as defined in Section 2.6) (hereinafter altogether called the Representative). Every Representative must confirm awareness of the Rules with the signature.
1.3. The Rules are primarily based on the regulations of Money Laundering and Terrorist Financing, Prevention Act (hereinafter the Act) and International Sanctions Act (hereinafter ISA).

2. Definitions.

2.1. Money Laundering – is a set of activities with the property derived from criminal activities or property obtained instead of such property with the purpose to:
a. Conceal or disguise the true nature, source, location, disposition, movement, right of ownership or other rights related to such property;
b. Convert, transfer, acquire, possess or use such property for the purpose of concealing or disguising the illicit origin of the property or of assisting a person who is involved in criminal activity to evade the legal consequences of his or her action;
c. Participation in association to commit, attempts and aiding, abetting, facilitating and counselling the commission of any of the actions referred to subsections 2.1. a. and 2.1.b.
2.2. Terrorist Financing – acts of financing of terrorism as defined in § 2373 of the Penal Code of Estonia.
2.3. International Sanctions – list of non-military measures decided by the European Union, the United Nations, another International Organization or the government of the Republic of Estonia and aimed to maintain or restore peace, prevent conflicts and restore international security, support and reinforce democracy, follow the rule of law, human rights and international law and achieve other objectives of the common foreign and security policy of the European Union.
2.4. Compliance Officer or CO – representative appointed by the Management Board responsible for the effectiveness of the Rules, conducting compliance over the adherence to the Rules and serving as contact person of the FIU.
2.5. FIU – Financial Intelligence Unit of the Police and Border Guard Board of Estonia.
2.6. Business Relationship – a relationship of the Provider of service established in its economic and professional activities with the Client.
2.7. Client – a natural or legal person who uses the services of the Provider of service.
2.8. Beneficial Owner – is a natural person, who:
a. Takes advantage of his influence, exercises control over a transaction, operation or another person and in whose interests or favour or on whose account a transaction or operation is performed taking advantage of his influence, makes a transaction, act, action, operation or step or otherwise exercises control over a transaction, act, action, operation or step or over another person and in whose interests or favour or on whose account a transaction or act, action, operation or step is made.
b. Ultimately owns or controls a legal person through direct or indirect ownership of a sufficient percentage of the shares or voting rights or ownership interest in that person, including through bearer shareholdings, or through control via other means. Direct ownership is a manner of exercising control whereby a natural person holds a shareholding of 25 per cent plus one share or an ownership interest of more than 25 per cent in a company. Indirect ownership is a manner of exercising control whereby a company which is under the control of a natural person holds or multiple companies which are under the control of the same natural person holds a shareholding of 25% (percent) plus one share or an ownership interest of more than 25% (percent) in a company.
c. Holds the position of a senior managing official, if after all possible means of identification have been exhausted, the person specified in clause ii cannot be identified and there is no doubt that such a person exists or where there are doubts as to whether the identified person is a beneficial owner.
d. In the case of trust, civil law partnership, community or legal arrangement, the beneficial owner is the natural person who ultimately controls the association via direct or indirect ownership or otherwise and is such associations’: settlor or person who has handed over property to the asset pool, trustee or manager or possessor of the property, person ensuring and controlling the preservation of property, where such person has been appointed, or the beneficiary, or where the beneficiary or beneficiaries have yet to be determined, the class of persons in whose main interest such association is set up or operates.
2.9. Politically Exposed Person or PEP – is a natural person who is or who has been entrusted with prominent public functions including a head of state, head of government, minister and deputy or assistant minister; a member of parliament or of a similar legislative body, a member of a governing body of a political party, a member of a supreme court, a member of a court of auditors or of the board of the central bank; an ambassador, a chargé d’affaires and a high-ranking officer in the armed forces; a member of an administrative, management or supervisory body of a state-owned enterprise; a director, deputy director and member of the board or equivalent function of an international organisation, except middle-ranking or more junior officials.
2.9.1. The provisions set out above also include positions in the European Union and in other international organizations.
2.9.2. A family member of a person performing prominent public functions is the spouse, or a person considered to be equivalent to a spouse, of a politically exposed person; Also, a child and their spouse, or a person considered to be equivalent to a spouse, of a politically exposed person; a parent of a politically exposed person.
2.9.3. A close associate of a person performing prominent public functions is a natural person who is known to be the beneficial owner or to have joint beneficial ownership of a legal person or a legal arrangement, or any other close business relations, with a politically exposed person; and a natural person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the de facto benefit of a politically exposed person.
2.10. Local Politically Exposed Person or local PEP – a natural person, provided in Section 2.9, who performs or has performed prominent public functions in Estonia, a contracting state of the European Economic Area or in an institution of European Union.
2.11. Provider of service – Blockchaintech OÜ, registry code 14576809, Roosikrantsi tn 2-625K, Tallinn 10119, Estonia.
2.12. Management Board or MB – management board of the Provider of service. Member of the MB, as appointed by relevant MB decision, is responsible for implementation of the Rules.
2.13. Equivalent Third Country – means a country not a Member State of European Economic Area but applying an equivalent regime to the European Union corresponding (AML) framework (see Exhibit 1).
2.14. Virtual currency – a value represented in a digital form, which is digitally transferable, preservable or tradable and which persons accept as a payment instrument, but that is not the legal tender of any country or funds for the purposes of Article 4(25) of Directive (EU) 2015/2366 of the European Parliament and of the Council on payment services in the internal market or a payment transaction for the purposes of points (k) and (l) of Article 3 of the same directive.

3. Description of activities of the Provider of service.

3.1. The Provider of service is the provider of a virtual currency wallet service in the framework of which the Provider of service generates keys for Clients and/or keeps Client’s encrypted keys, which can be used for the purpose of keeping and/or storing and/or transferring virtual currencies.
3.2. The Provider of service is subject to authorisation by the FIU.

4. Compliance Officer.

4.1. The MB shall appoint a CO whose principal tasks are to:
4.1.1. monitor the compliance of the Rules with the relevant laws and compliance of the activity of the Representatives with the procedures established by the Rules;
4.1.2. compile and keep updated the data regarding countries with low tax risk, high and low risk of Money Laundering and Terrorist Financing and economical activities with great exposure to Money Laundering and Terrorist Financing;
4.1.3. carry out training, instruct and update the Representatives on matters pertaining to procedures for prevention of Money Laundering and Terrorist Financing;
4.1.4. report to the MB once a year (or more frequently, if necessary) on compliance with the Rules, and on circumstances with a suspicion of Money Laundering or Terrorist Financing;
4.1.5. collect, process and analyse the data received from the Representatives or Clients concerning suspicious and unusual activities;
4.1.6. collaborate with and report to the FIU on events of suspected Money Laundering or Terrorist Financing, and respond to enquiries of the FIU;
4.1.7. make proposals on remedying any deficiencies identified in the course of checks.
4.2. The CO must meet all the requirements, prescribed by the Act, and appointment of the CO shall be coordinated with the FIU. If, as a result of a background check carried out by the FIU, it becomes evident that the CO’s credibility is under suspicion due to their previous acts or omissions, the Provider of service may extraordinarily terminate the CO’s employment contract due to the loss of credibility.
4.3. Tasks of the CO can be performed by a department, therefore provisions of Section 4.2 will apply accordingly.

5. Application of due diligence measures.

5.1. The Provider of service shall determine and take due diligence (hereinafter DD) measures using results of conducted risk assessment (see Section 10), and provisions of national risk assessment, published on the web-page of the Ministry of Finance of Estonia.
5.2. The Representatives shall pay special attention to circumstances that refer to Money Laundering or Terrorist Financing.
5.3. Depending on the level of the risk of the Client and depending on the fact whether the Business Relationship is an existing one or it is about to be established, the Provider of service shall apply either normal DD measures (see Section 6), simplified DD measures (see Section 8) or enhanced DD measures (see Section 9). The Provider of service shall also apply continuous DD measures to ensure ongoing monitoring of Business Relationships (see Sections 5.7-5.10).
5.4. DD measures shall include the following procedures:
a. Identifying the Client and verifying its identity using reliable, independent sources, documents or data, including e-identifying;
b. Identifying and verifying of the representative of the Client and the right of representation;
c. Identifying the Client’s Beneficial Owner;
d. Assessing and, as appropriate, obtaining information on the purpose of the Business Relationship;
e. Conducting ongoing DD on the Client’s business to ensure the Provider of service’s knowledge of the Client and its source of funds is correct;
f. Obtaining information whether the Client is a PEP or PEP’s family member or PEP’s close associate.
5.5. The Provider of service shall establish the source of wealth of the Client, where appropriate.
5.6. To comply with the DD obligation, the Representatives shall have the right and obligation to:
a. request appropriate identity documents to identify the Client and its representatives;
b. request documents and information regarding the activities of the Client and legal origin of funds;
c. request information about the Beneficial Owners of a legal person;
d. screen the risk profile of the Client, select the appropriate DD measures, assess the risk whether the Client is or may become involved in Money Laundering or Terrorist Financing;
e. re-identify the Client or the representative of the Client, if there are any doubts regarding the correctness of the information received in the course of initial identification;
5.7. The objective of the continuously applied DD measures is to ensure on-going monitoring of Clients. Conducting ongoing monitoring of the Business Relationship includes:
a. Keeping up-to-date the documents, data or information, obtained during taking DD measures;
b. Paying particular attention to Client’s conduct, leading to criminal activity or Money Laundering or Terrorist Financing;
c. Paying particular attention to the Business Relationship, if the Client is from or the seat of a Client being a legal person is located in a third country, which is included in the list of risk countries (see Exhibit 1).
5.8. Annual review of a Client being a legal entity is carried out regularly once a year. Updated data shall be recorded in the Provider of service’s Client database.
5.9. The Representative updates the data of a Client, who is either a legal person or a natural person, i.e. takes appropriate DD measures every time:
a. the Client addresses the Provider of service with the request to amend a long-term contract during the term of its validity;
b. upon identification and verification of the information there is reason to suspect that the documents or data gathered earlier are insufficient, have changed or are incorrect. In this case, the Representative may conduct a face-to-face meeting with the Client;
c. the Provider of service has learned through third persons or the media that the activities or data of the Client have changed significantly.
5.10. The Representative shall evaluate the substance and the purpose of the Client’s activities, in order to establish the possible links with Money Laundering or Terrorist Financing. The evaluation should result in an understanding about the purpose of the Business Relationship for the Client, the nature of the Client’s business, the risk levels of the Client and, if necessary, the sources of funds.

6. Normal due diligence measures.

6.1. The Provider of service shall conduct normal DD in the following cases:
a. Upon establishing a new Business Relationship;
b. In the event of insufficiency or suspected incorrectness of the documents or information gathered previously in the course of carrying out DD measures;
c. Upon suspicion of Money Laundering or Terrorist Financing.
6.2. In the course of conducting normal DD measures, the Representative shall apply the measures of DD as provided for in Section 5.4.
6.3. No new Business Relationship can be formed, if the Client, in spite of the respective request, has failed to present documents and appropriate information required to conduct DD, or if based on the presented documents, the Representative suspects Money Laundering or Terrorist Financing.
6.4. If in spite of the respective request an existing Client has failed to present during the contract period documents and appropriate information required to conduct DD, such behaviour constitutes a material breach of contract that shall be reported by the Representative to the CO, and in such case the contract(s) concluded with the Client shall be cancelled and the Business Relationship shall be terminated as soon as possible.
6.5. The Provider of service shall not enter into Business Relationships with anonymous Clients.

7. Identification of a person.

7.1. Upon implementing DD measures the following person shall be identified:
a. Client – a natural or legal person;
b. Representative of the Client – an individual who is authorized to act on behalf of the Client;
c. Beneficial Owner of the Client;
d. PEP – if the PEP is the Client or a person connected with the Client (see Section 2.9).
7.2. Upon establishing a relationship with the Clients, the Provider of service shall identify and verify the Client while being present at the same place as the Client or by using information technology means.
7.3. For identification of a Client and verification of the identity of a Client by using information technology means, the Provider of service shall use:
7.3.1. A document issued by the Republic of Estonia for the purpose of digital identification;
7.3.2. another electronic identification system within the meaning of the Regulation (EU) № 910/2014 of the European Parliament and of the Council. If the Client is a foreign national, the identity document issued by the competent authority of the foreign country is also used simultaneously.
7.4. In case of identification of a Client and verification of the identity of a Client by using Information Technology means the Provider of service shall additionally obtain data from a reliable and independent source, e.g. identity documents databases.
7.5. Identification of a Client being a natural person and a representative of a Client who is a legal person
7.5.1. Upon establishing a Business Relationship, identification takes place, above all, during a face-to-face meeting or by using information technology means.
7.5.2. The Rules must be considered when dealing with the documents that can be used to identify the Client or its representative and the requirements established for them (see Section 7.10). If it is not possible to obtain original documents for identification of a Client, request documents certified or authenticated by a notary public or authenticated officially for verification of the identity of the natural person, or use data obtained from other reliable and independent sources (including electronic identification) on the condition that information is obtained from at least two different sources.
7.5.3. Verification must be made whether or not such person is a PEP (see Section 7.9).
7.5.4. A new Client and, if necessary, an existing Client shall confirm the correctness of the submitted information and data by signing the Client data registration sheet (see Form 1).
7.6. Identification of a Client being a legal person
7.6.1. To identify a Client who is a legal person, the Representative shall take the following actions:
a. Check the information concerning a legal person by accessing the relevant electronic databases (e-commercial register/ e-re register and European Business Register);
b. If it is not possible to obtain an original extract from the register or the respective data, request documents (extract from the relevant registry, certificate of registration or equivalent document) certified or authenticated by a notary public or authenticated officially for verification of the identity of the legal person, or use data obtained from other reliable and independent sources (including electronic identification) on the condition that information is obtained from at least two different sources;
c. Ask the representative of a foreign legal person to present an identity documents and a document evidencing of his/her power of attorney, which has been notarised or authenticated pursuant to an equal procedure and legalised or authenticated by a certificate substituting for legalisation (apostille), unless otherwise prescribed by an international agreement;
d. On the basis of the information received from the representative of the foreign legal person, control whether or not the legal person could be linked with a PEP (see Section 7.9);
e. If the seat of a Client being a legal person is located in a third country, which is included in the list of risk countries (see Exhibit 1), report this to the CO, who shall decide the additional measures to be applied to identifying and background checking of the person.
7.6.2. The document presented for identification of a legal person shall set out at least the following:
a. business name, registry code (number), date of registration, seat and address;
b. names and authorisations of members of the Management Board or the head of a branch or the other relevant body.
7.6.3. A legal representative of a new Client (subsequently as required) shall confirm the correctness of the submitted information and data by signing the Client data registration sheet (see Form 1).
7.7. Consequences of insufficient identification of a Client
7.7.1. Should the Representative establish that the identification of a Client is insufficient the Representative shall:
a. Promptly apply the enhanced DD measures pursuant to the Rules;
b. Notify the CO of the failure to implement normal DD in a timely manner;
c. Assess the risk profile of the Client and notify CO and/or MB for the purposes of the provisions in Section 12.3.
7.8. Identification of the Beneficial Owner of the Client
7.8.1. Registration and assessment of the Beneficial Owner(s) of a legal person is mandatory.
7.8.2. There is no need to identify the Beneficial Owners of a Client/company whose securities have been accepted for trading on a regulated securities market.
7.8.3. In order to establish the Beneficial Owner, the Representative shall take the following actions:
a. Gather information about the ownership and control structure of the Client on the basis of information provided in pre-contractual negotiations or obtained from another reliable and independent source;
b. In situations, where no single person holds the interest or ascertained level of control to the extent of no less than 25 per cent (see Section 2.9), apply the principle of proportionality to establishing the circle of beneficiaries, which means asking information about persons, who control the operations of the legal person, or otherwise exercise dominant influence over the same;
c. If the documents used to identify a legal person, or other submitted documents do not clearly identify the Beneficial Owners, record the respective information (i.e. whether the legal person is a part of a group, and the identifiable ownership and management structure of the group) on the basis of the statements made by the representative of the legal person, or a written document under the hand of the representative;
d. To verify the presented information, make enquiries to the respective registers, and request an annual report or another appropriate document to be presented.
e. If no natural person is identifiable who ultimately owns or exerts control over a Client and all other means of identification are exhausted, the senior managing official(s) might be considered to be the Beneficial Owner(s).
f. Pay attention to companies established in low tax rate regions (see Exhibit 1).
7.8.4. While establishing the Beneficial Owner, it is possible to rely on information received in a format reproducible in writing from a credit institution registered in the Estonian commercial register or from the branch of a foreign credit institution, or from a credit institution that has been registered or whose place of business is in a contracting state of the European Economic Area or an Equivalent Third Country (see Exhibit 1).
7.9. Identification of Politically Exposed Person
7.9.1. The Representative shall implement the following measures to establish whether or not a person is a PEP:
a. asking the Client to provide necessary information;
b. making an enquiry or checking the data on websites of the respective supervisory authorities or institutions of the country of location of the Client.
7.9.2. The matter of whether to establish a Business Relationships with a PEP, or a person associated with him or her, and the DD measures applied to such person shall be decided by the MB.
7.9.3. If a Business Relationship has been established with a Client, and the Client or its Beneficial Owner subsequently turns out to be or becomes a PEP, CO and MB shall be notified of that.
7.9.4. In order to establish a Business Relationship with a PEP or a company connected with that person, it is necessary to:
a. take enhanced DD measures (see Section 9);
b. establish the source of wealth of this person;
c. monitor the Business Relationship on a continual basis.
7.9.5. DD measures, mentioned in Section 7.9.4 might be not applicable regarding local PEPs, if there are no relevant circumstances, leading to the higher risks.
7.9.6. Respective remark must be made in the Provider of service’s database of Clients on documents of such person in the form of notation “Politically Exposed Person”.
7.10. Documents that can be used for identification
7.10.1. In case of Clients being natural persons and the representatives of Clients, the following documents can be used for identification:
a. Personal ID card (whether ID card, e-resident card or residence permit card);
b. Passport or diplomatic passport;
c. Travel document issued in a foreign country;
d. Driving licence (if it has a name, facial image, signature and personal code or date of birth of holder on it).
7.10.2. The Representative shall make a copy of the page of identity document which contains personal data and photo.
7.10.3. In addition to an identity document, the representative of a Client shall submit a document in the required format certifying the right of representation.
7.10.4. Legal person and its passive legal capacity shall be identified and verified on the basis of the following documents:
a. in case of legal persons registered in Estonia and branches of foreign companies registered in Estonia, the identification shall be conducted on the basis of an extract of a registry card of commercial register;
b. foreign legal persons shall be identified on the basis of an extract of the relevant register or a transcript of the registration certificate or an equal document, which has been issued by the competent authority or body not earlier that six months before submission thereof.
7.10.5. If not original documents are used for identification, the Representative shall control and verify data by using at least two reliable and independent sources.
7.11. If the Client is a natural person, the following data shall be recorded:
a. Name of the Client;
b. Personal identification code (in case of absence the date and place of birth and place of residence);
c. Information regarding identification and verification of the right of representation. If the right of representation does not arise from law, the name of the document used for establishing and verification of the right of representation, the date of issue and the name or name of the issuing party.
7.12. If the Client is a legal person, the following data shall be recorded:
a. Name of the Client;
b.Registry code (or registration number and registration date) of the Client;
c. Names and authorisations of members of the Management Board or the head of a branch or the other relevant body;
d. Telecommunications numbers.

8. Simplified due diligence measures

8.1. Simplified DD measures may be taken, if the Client is:
a. a company listed on a regulated market that is subject to disclosure requirements consistent with European Union law;
b. a legal person governed by public law founded in Estonia;
c. a governmental authority or another authority performing public functions in Estonia or a contracting state of the European Economic Area;
d. an authority of the European Union;
e. a credit institution or a financial institution, acting on behalf of itself, located in a contracting state of the European Economic Area or in a third country (see Exhibit 1), which in the country of location is subject to equal requirements and the performance of which is subject to state supervision.
8.2. Upon identifying and screening of such Clients, the following circumstances, if present concurrently, shall be considered criteria pointing to low level of risk:
a. the Client can be identified on the basis of publicly available information;
b. the ownership and control structure of the Client is transparent and constant;
c. the operations of the Client and their accounting or payment policies are transparent;
d. Client reports to and is controlled by an authority of executive power of Estonia or a contracting state of the European Economic Area, another agency performing public duties, or an authority of the European Union.

9. Enhanced due diligence measures.

9.1. Enhanced DD measures must be taken in cases where the risk level of the Client is higher.
9.2. The Representative shall establish the Client’s risk profile and determine the risk category in accordance with the Rules (see Section 10). The risk category may be altered during the course of the Business Relationship, taking into consideration the changes in data gathered.
9.3. The Representative, who upon entering into a Business Relationship with a new Client, detects that there is at least one of the following high-risk characteristics present in respect of a Client, shall consult with and report to the CO, and shall take the DD measures set out in the Rules.
9.4. The Representative shall apply enhanced DD measures in the following situations:
9.4.1. when suspicion arises regarding truthfulness of the provided data and/or of authenticity of the identification documents regarding the Client or its Beneficial Owners;
9.4.2. the Client is a PEP (excluding local PEPs, if there are no relevant circumstances, leading to the higher risks);
9.4.3. the Client is from or the seat of a Client being a legal person is located in a third country, which is included in the list of risk countries (see Exhibit 1);
9.4.4. in case of companies that have nominee, shareholders or shares in bearer form;
9.4.5. in a situation with higher risk of Money Laundering and terrorist financing as described in Sections 9.1 and 9.3.
9.5. Enhanced DD measures shall include at least one of the following measures in addition to normal DD measures as established in Section 5.4:
9.5.1. Identification and verification of a Client on the basis of additional documents, data or information, which originates from a reliable and independent source;
9.5.2. Identification and verification of a Client while being present at the same place;
9.5.3. Asking the identification or verification documents to be notarised or officially authenticated;
9.5.4. Obtaining additional information on the purpose and nature of the Business Relationship and verification from a reliable and independent source;
9.5.5. Reassessment of a risk profile of a Client not later than 6 months after establishment of Business Relationship.
9.6. After taking enhanced DD measures, the MB shall decide whether to establish or continue the Business Relationship with the Client in respect of whom the enhanced DD measures were taken.
9.7. If a Client who, by the date of entry into a contract, has not performed any prominent public functions for at least a year, and such person is deemed to pose no further risk specific to PEP, this Client is not considered as the PEP, therefore application of enhanced DD measures is not required.
9.8. The Representative may not apply enhanced DD measures stipulated in Section 9.5 to local PEP, if there are no other circumstances leading to the higher risk.

10. Risk assessment.

10.1. The Representative will establish a risk profile of a Client based on information gathered under the Rules.
10.2. The Provider of service applies the following risk categories:
a. Normal risk (the risk level is normal, there are no high-risk characteristics present);
b. High risk, which is sub categorized as High risk I and High risk II.
10.3. For every Client, who does not fall into the “normal risk” category, the Representative shall record the Client’s risk category in the Provider of service’s database of Clients and on the documents as “High risk I” or “High risk II”. Only the CO shall have the right to change the risk category recorded for a Client.
10.4. Assessment of risk profile of natural persons
10.4.1. When establishing the risk category of a Client being a natural person, the country of residence of the Client, the region where the Client operates, and status of PEP shall be taken into account.
10.4.2. If there are several characteristics of the category “High risk I” present, or if, in addition to the characteristics of “High risk I”, at least one of the “High risk II” characteristics is present, the Client shall be determined to be falling into the category “High risk II”.
10.4.3. Characteristics of high risk in the case of a natural person, and the appropriate DD measures:

High risk category I DD measures.
The actual place of residence or employment or business of a Client is in a country, which is included in the list of risk countries (see Exhibit 1), or the Client is an official citizen/resident of such country. Ask the Client to provide additional information about the purpose of establishing the Business Relationship and his/her economic activities.
Ask the Client to provide additional information about its links with the said foreign state.
The Client is a person associated with a PEP. The decision is taken by the MB.
The Client is a local PEP. Conduct an internet search about the Client.
Ask additional information and documents, which prove the legal origin of Client’s assets. If there are no other circumstances leading to the higher risk and the MB approves, it is not required to apply enhanced DD measures stipulated in Section 10.7.

High risk category II DD measures.
The Client is a PEP or a person associated with him or her. Conduct an internet search about the Client.
Ask additional information and documents, which prove the legal origin of Client’s assets.
There is information that the Client is suspected to be or to have been linked with a financial offence or other suspicious activities. Check information about International Sanctions (see also Section 15) or ask guidance from the CO.
Ask additional information and documents, which prove the legal origin of the Client’s assets.
The Client is a non-resident individual, whose place of residence or activities in a country, which is listed in the list of risk countries (see Exhibit 1). Ask the Client to provide additional documents to identify the Client and, if possible, check the Client’s data vis-à-vis the previously presented documents and information.
Verify and compare the data submitted by the Client against the additional documents, data or information, which originates from a reliable and independent source.
10.5. Assessment of risk profile of legal persons
10.5.1. When establishing the risk category of a legal person, assessment shall be based on the country of location of the legal person, its area of activity, the transparency of ownership structure and the management.
10.5.2. If there are several characteristics of the category “High risk I”, or if, in addition to the characteristics of “High risk I”, at least one of the “High risk II” characteristics is present, the Client shall be determined to be falling into the category “High risk II”.
10.5.3. Characteristics of high risk in the case of a legal person, and the appropriate DD measures

High risk category I DD measures.
The Client is a legal person registered in the European Economic Area or in Switzerland, whose area of activity is associated with enhanced money-laundering risk (see Exhibit 1). Ask the Client to provide additional documents to identify it and, if possible, check the Client’s data vis-à-vis the previously presented documents and information.
Verify and compare the data submitted by the Client against the additional documents or information, which originates from a reliable and independent source.
The Client is situated in a country, which is listed in the list of risk countries (see Exhibit 1). Ask the Client to provide additional information about its links with the said foreign state.
Ask for additional information about the purpose of establishing the Business Relationship.
The legal person is a non-profit association, trust, civil law partnership or another contractual legal arrangement, whose activities and liability are insufficiently regulated by law, and the legality of financing of which is not easy to screen. Check the authenticity of the presented documents and verify the accuracy of the data. Ask for help from the CO.
Ask the Client to provide information about relationships with other credit or financing institutions, and the opinion of the respective credit or financing institution.
Ask additional information and documents, which prove the legal origin of the Client’s assets.
The representative or the Beneficial Owner of a legal person is a local PEP or his or her family members. Ask the Client to provide additional information about the need and purpose of establishing the Business Relationship.
Ask the Client to provide information about relationships with other credit or financing institutions, and the opinion of the respective credit or financing institution about the Client. Conduct an internet search about the Client, being a legal person, and its Beneficial Owner. Ask additional information and documents, which prove the legal origin of the Client’s assets.
If there are no other circumstances leading to the higher risk and the MB approves, it is not required to apply enhanced DD measures stipulated in Section 10.7.

High risk category II DD measures.
The representative or the Beneficial Owner of a legal person is a PEP or his or her family members. Ask the Client to provide additional information about the need and purpose of establishing the Business Relationship.
Ask the Client to provide information about relationships with other credit or financing institutions, and the opinion of the respective credit or financing institution about the Client. Conduct an internet search about the Client, being a legal person, and its Beneficial Owner.
Ask additional information and documents, which prove the legal origin of the Client’s assets.
There is information that the person is suspected to be or to have been linked with a financial offence or other suspicious activities. Check information about International Sanctions (see also Section 15) or ask guidance from the CO.
Ask additional information and documents, which prove the legal origin of the Client’s assets.
A legal person registered outside the European Economic Area, whose field of business is associated with a high risk of Money Laundering (see Exhibit 1).
A legal person registered outside the European Economic Area, who is operating outside the country of its registered location.
A legal person is operating or is registered in a low tax rate country (see Exhibit 1) or the place of residence, place of registration of the legal person, its owners or Beneficial Owners, or the territory of business of the legal person is situated in a country listed in the list of risk countries (see Exhibit 1). Ask the Client to provide additional information about its links with the said foreign state.
Ask for additional information about the purpose of establishing the Business Relationship.
Verify and compare the data submitted by Client against the additional documents, data or information, which originates from a reliable and independent source (if obtaining such information is possible).
Ask additional information and documents, which prove the legal origin of the Client’s assets.

10.6. The above listed DD measures can be combined, as appropriate, in respect to other listed or non-listed risks.
10.7. Identification and management of risks of technology and services
10.7.1. The Provider of service uses safe technological solutions for providing services and implements physical and personal measures to keep safety, such as:
a. The Provider of service has a protected connection – https.
b. The Provider of service uses the service of Cloudflare for protection of Distributed Denial of Service (hereinafter DDOS) attacks.
c. The absence of public access to the servers by IP (whitelist nginx server).
d. The private keys are kept in encrypted sight, which means The Provider of service does not have access to them.
e. The Provider of service does not keep the private keys to the cold wallet.
10.7.2. The Provider of service uses special technical solutions to keep provided service’s safety and The Provider of service also keeps history of transactions, such as:
a. The Provider of service’s Database, which is keeping inside information about transactions, is available only for IP server (the protection is provided by Amazon`s service).
b. There is an absence of public access to the Database.
10.7.3. Advantages of authorisation process, securing of Client’s accounts. Activities of the Provider of service in case of a loss or theft of private cryptographic keys or user credentials by the Clients are as follows:
a. The Provider of service provides an opportunity to use the two-factor authentication.
b. When the Client logs in he receives the notification through email address.
c. When the Client wants to withdrawal something, he has to confirm this action through e-mail address, he receives the notification through email address too.
d. In addition, there is internal protection of withdrawal transactions (they are signed by “jwt”).
e. The Client’s documents are keeping on the server S3. The access to this server is available for administrators through the official address of the Provider of service.
f. In order to protect the funds of Clients the Provider of the services platform (hereinafter referred to as “SVF”) works exclusively in accordance with the Anti-money laundering regulation and countering the financing of terrorism and criminal activities.
g. SVF created the Compliance department, which develops Anti-money laundering and Know Your Client (AML / KYC) procedures, which are mandatory for all SVF employees to comply with and determine the policy of interaction with persons registering on the SVF site: (hereinafter referred to as the “Site”) and opening an account.
h. Compliance is designed to ensure that SVF’s activities comply with international standards for combating money laundering and all documents provided by corporate Clients are relevant and comply with the requirements of the law. In this regard, by opening an account on The Provider of service’s site, the Client exercises full and unconditional acceptance of the terms of this policy, agrees with the following rules and undertakes to comply with them:
SVF develops a procedure of verification including a list of documents.
— Entering and withdrawal of funds from the Client’s account is allowed only after the Client passes the verification on the basis of the provided proper documents and procedures. Input and withdrawal of funds is carried out only from the account and to the account belonging to the person identified as the SVF Client. Withdrawal of funds to third parties is prohibited.
SVF undertakes and has the right, without prior consent of the Client, to exchange with financial institutions and law enforcement authorities any information about the Customer, in accordance with the requirements of the applicable law, and the Client gives SVF its consent to these actions. In order to comply with this clause, SVF keeps any information about the Customer’s payment transactions for at least five years.
— The Client undertakes to comply with legal norms, including international ones, aimed at combating illegal trade, financial fraud, money laundering and money laundering.
— The Client guarantees the legal origin, legal possession and the right to use the funds transferred to the account.
— In the case that suspicious transactions are detected on the Client’s account (for example, the sender of funds and the account holder do not match) and/or any actions showing signs of fraud (including any refunds or cancellations of payments), SVF reserves the right to conduct internal investigations, block or close the Client’s account, cancel any payments made and suspend operations on the account before the end of the official investigation. When making a decision, SVF is guided by the provisions of applicable law or established practice.
— SVF has the right to request additional data about the Client in case the method of withdrawal of funds differs from the input method. Also, the Provider of service reserves the right to block the Client’s account for the duration of the investigation, in case the Client refused to provide additional information requested from him by SVF.
— SVF’s refusal to conduct operations that are suspicious from the SVF’s point of view (including the blocking or closing of the Client’s account) is not the basis for SVF’s civil liability for failure to perform obligations to the Client.
10.7.4. Activities for mitigation of risk, including backup system, in case of hacking of the technological solution are the following:
10.7.5. There is no limit set for holding different types of virtual currencies, but The Provider of service has withdrawal limits. The Provider of service might set limits if access to the account is restored after being blocked three days or more (in some cases before clarification of the reasons).
a. CO will look after the security and are responsible for safety and security of the services provided, monitor all systems and platforms, identify any A program code is kept in repositories.
b. The database`s back-up is provided by the Amazon`s service.
c. There is instance back-up.
d. Parts of the system are divided by different servers, but the database is on separated server of Amazon.
10.7.6. CO will look after the security and are responsible for safety and security of the services provided, monitor all systems and platforms, identify any potential threats and submit comprehensive reports to the MB. There is also DevOps position which promotes better communication between development and programmable operations. DevOps controls the part of The Provider of service’s information technology team that creates and maintains infrastructure.
10.7.7. As a rule, the Provider of service systematically analyses whether adoption of additional security measures is required.

11. Registration and storage of data.

11.1. The Representative shall ensure that Client data are registered in the Provider of service’s Client database within the required scope.
11.2. Registration of data of a Client who is natural person
11.2.1. The following obtained data shall be recorded in the Provider of service’s information system:
a. name, personal ID code or, in the absence of the latter, date of birth and the address of the person’s permanent place of residence and other places of residence;
b. the name and number of the document used for identification and verification of the identity of the person, its date of issue and the name of the issuing authority;
c. occupation, profession or area of activity – establish the area of activity (occupation) and the status of the person (trader, employee, student, pensioner);
d. If the Client is a natural person, the Representative shall record information about whether the person is performing or has performed prominent public functions, or is a close associate or family member of the person performing prominent public functions;
e. Citizenship and the country of tax residency;
f. the origin of assets.
11.2.2. In case of a representative, the following info shall be recorded:
a. same as provided for in pints a-b of Section 11.2.1;
b. the name of the document used for establishing and verification of the right of representation, the date of issue and the name or name of the issuing party.
11.2.3. If the Business Relationship is established by the Client or the representative with the use of the ID card or other e-identification system, the data of the document used for identification is saved automatically in the digital signature. If identification takes place at a face-to-face meeting with the Client, the data of the document used for identification is recorded on the copy of the identification document.
11.3. Registration of data of a Client who is a legal person
11.3.1. The following information on the Client being a legal person shall be recorded:
a. Name, legal form, registry code, address, date of registration and activity locations;
b. information concerning means of communication and contact person(s);
c. names of the members of the management board or an equivalent governing body, and their powers to represent the Client, and whether any of them is a PEP;
d. information about the Beneficial Owners;
e. Field(s) of activity (i.e. the NACE codes);
f. name and number of the document used for identification and verification of the identity, its date of issue and the name of the issuing authority;
g. country of tax residency of the legal person (VAT number);
h. date of registration of the legal person in the Provider of service’s database;
i. purpose of the Business Relationship;
j. origin of assets (normal business operations/other);
11.3.2. The following information about the Beneficial Owner shall be recorded:
a. Name, personal ID code or, in the absence of the latter, date of birth and place of residence;
b. type of control over the enterprise (e.g. shareholder);
c. is the person a PEP;
d. information about the representative as set forth under 11.2.2.
11.3.3.
If the Business Relationship is established by the representative of the Client with the use of the ID card or other e-identification system, the data of the document used for identification is saved automatically in the digital signature. If identification takes place at a face-to-face meeting with the representative of the Client, the data of the document used for identification is recorded on the copy of the identification document.
11.3.4. Information from the B-card, i.e. the legal representatives of the Client being a legal person stated on the B-card, shall be recorded on the Client data registration sheet or the contract concluded with the Client.
11.4. The Representative shall record all the data regarding
11.4.1. Provider of service’s decision to refuse establishment Business Relationship. The Representative shall record all the data, if, as a result of taking DD measures, a person refuses to establish the Business Relationship.
11.4.2. Impossibility to take DD measures due to information technology means;
11.4.3. Termination of the business relationship, as a result of the impossibility to take DD measures;
11.5. Storage of Data
11.5.1. The respective data is stored in a written format and/or in a format reproducible in writing and, if required, it shall be accessible by all appropriate staff of the Provider of service (MB, Representatives, marketing, CO etc.).
11.5.2. The originals or copies of the documents, which serve as the basis for identification a person, and of the documents serving as the basis for establishing a Business Relationship, shall be stored for at least five (5) years following the termination of the Business Relationship.
11.5.3. The data of the document prescribed for the digital identification of a Client, information on making an electronic query to the identity documents database, and the audio and video recording of the procedure of identifying the person and verifying the person’s identity shall be stored at least five (5) years following the termination of the Business Relationship.
11.5.4. Also, to be stored:
a. manner, time and place of submitting or updating of data and documents;
b. name and position of Representative who has established the identity, checked or updated the data.

12. Reporting.

12.1. Notification of the CO
12.1.1. Any circumstances identified in the Business Relationship are unusual or suspicious or there are characteristics which point to Money Laundering, Terrorist Financing, or an attempt of the same Representative shall promptly notify the CO.
12.1.2. The CO shall analyse and forward the respective information to the MB.
12.2. Notification of FIU.
12.2.1. Before reporting any transaction connected with suspected Money Laundering or Terrorist Financing to the FIU, the CO shall analyse the content of the information received, considering the Client’s current area of activity and other known information.
12.2.2. The CO shall decide whether to forward the information to the FIU and the MB shall decide whether to terminate the Business Relationship.
12.2.3. The CO shall make a notation “AML” behind the name of the Client in the Provider of service’s Client database or on the documents, and shall notify the FIU promptly, but no later than within 2 business days after discovering any activities or circumstances or arising of suspicion, using the respective web-form for notifying the FIU. Copies of the documents as set forth by guidelines of FIU or further requested by FIU shall be appended to the notice.
12.2.4. The FIU shall be notified of any suspicious and unusual transactions where, including such where the financial obligation exceeding 32 000 euros or an equivalent amount in another currency is performed in cash, regardless of whether the transaction is made in a single payment or several related payments.
12.2.5. If there is a notation “AML” made in the Client’s records, Transactions can be carried out only subject to a prior consent of the MB.
12.2.6. The CO shall store in a format reproducible in writing any reports received from the Representatives about suspicious circumstances, as well as all information gathered to analyse such notices, as well as other linked documents and notices to be forwarded to the FIU, along with the time of forwarding the notice, and the information about the Representatives who forwarded the same.
12.2.7. The Client who is reported to the FIU as being suspicious, may not be informed of the same.
12.2.8. It is also prohibited to inform any third persons, including other Representatives, of the fact that information has been reported to the FIU, and the content of the reported information, except for the MB/CO.
12.3. Termination of the Business Relationship with a Client in the event of suspected Money Laundering and Terrorist Financing
12.3.1. Pursuant to law, the Provider of service is obliged to extraordinarily and unilaterally terminate the Business Relationship without observing the advance notification period, if:
a. the Client fails to present upon identification or upon updating the previously gathered data or the taking of DD measures, true, full and accurate information, or
b. the Client or a person associated with the Client does not present data and documents evidencing of the lawfulness of the economic activities of the Client, or
c. the Provider of service suspects for any other reasons that the Client or the person associated with the Client is involved in Money Laundering or Terrorist Financing, or
d. the documents and data submitted by the Client do not dispel the Provider of service’s suspicions about the Client’s possible links with Money Laundering or Terrorist Financing.
12.3.2. The decision on terminating the Business Relationship shall be taken by the Management Board, considering also the proposal of the CO.
12.3.3. The Client shall be notified of the termination of Business Relationship in writing, provided that it is consistent with Section 12.2.7. Notation about the cancellation of the Business Relationship shall be made in the Provider of service’s Client database or documentation, and a note “AML” shall be added to the Client’s data, provided that it is consistent with Section 12.2.8.
12.4. Indemnification of the Representatives
12.4.1. The Provider of service and its Representatives shall not, upon performance of the obligations arising from the Rules, be liable for damage arising from failure to carry out any transactions (by the due date) if the damage was caused to the persons in connection with notification of the FIU of the suspicion of Money Laundering or Terrorist Financing in good faith, or for damage caused to a Client or in connection with the cancellation of a Business Relationship on the basis provided in Section 12.3.
12.4.2. Fulfilment of the notification obligation by the Representative acting in good faith and reporting the appropriate information shall not be deemed a breach of the confidentiality obligation imposed by the law or the contract, and no liability stemming from the legislation or the contract shall be imposed upon the person who has performed the notification obligation.

13. Implementation of International Sanctions.

13.1. The Provider of service is required to implement International Sanctions in force.
13.2. Representatives shall draw special attention to all its Clients (present and new), to the activities of the Clients and to the facts which refer to the possibility that the Client is subject to International Sanctions. Control and verification of possibly imposed International Sanctions shall be conducted by the Representatives as part of DD measures applied to the Clients in accordance with these Rules.
13.3. The Representatives who have doubts or who knows that a Client is subject to International Sanctions, shall immediately notify the CO. In case of doubt, if the CO finds it appropriate, the Representative shall ask the Client to provide additional information that may help to identify whether he/she is subject to International Sanctions or not.
13.4. The CO shall be responsible for the implementation of International Sanctions.
13.4.1. The CO shall:
a. regularly follows the webpage of FIU; (https://www.politsei.ee/et/organisatsioon/rahapesu/finantssanktsiooni-subjekti-otsing-ja-muudatused-sanktsioonide-nimekirjas/) and immediately take measures provided for in the act on the imposition or implementation of International Sanctions;
b. upon entry into force of an act on the imposition or implementation of International Sanctions, the amendment, repeal or expiry thereof, immediately check whether any of the Clients is subject to International Sanctions with regard to whom the financial sanction is imposed, amended or terminated;
c. if an act on the imposition or implementation of International Sanctions is repealed, expires or is amended in such a manner that the implementation of International Sanctions with regard to the subject of International Sanctions is terminated wholly or partially, terminate the implementation of the measure to the extent provided for in the act on the imposition or application of International Sanctions;
d. keep an updated record of subjects of International Sanctions and submit this information to the Representatives in the form that allows to use this information in the course of their activity;
e. provide training to the Representatives that allows them to establish independently the subjects of International Sanctions;
f. assist the Representatives if they have doubt or knowledge that a Client is subject to International Sanctions;
g. supervise the application of the Rules regarding the implementation of International Sanctions by the Representatives;
h. review and keep updated the Rules regarding the implementation of International Sanctions
i. notify FIU of Clients who are subject to International Sanctions or in part of whom the CO, the Representatives have doubts;
j. keep record of made checks, notifications submitted to FIU and applied measures in part of detected subjects to International Sanctions.
13.4.2. When making checks on Clients as to detect whether they are subject to International Sanctions, the following information shall be recorded and preserved for five years:
a. Time of inspection;
b. Name of person who carried out inspection;
c. Results of inspection;
d. Measures taken.
13.4.3. If in the course of the check, it shall be detected that a Client or a person who used to be a Client is subject to International Sanctions, the CO shall notify the Representatives who dealt with this Client, the Management Board and FIU. The notification shall be submitted at least in the way that allows its reproduction in writing.
13.4.4. The Client who is subject to International Sanctions and about whom the notification is made, shall not be informed of the notification.
13.4.5. Application of special measures and sanctions on the Client who is detected to be subject to International Sanctions should be authorized by FIU.
13.4.6. When making checks of Clients, the possible distorting factors in personal information (i.e. way of written reproduction of name etc.) must be kept in mind.

14. Training.

14.1. The Provider of service shall ensure that all Representatives who have contacts with Clients or matters involving Money Laundering are provided with regular training and information about the nature of the Money Laundering and Terrorist Financing risks, as well as any new trends within the field. The CO shall arrange regular training concerning prevention of Money Laundering and Terrorist Financing to explain the respective requirements and obligations.
14.2. Initial training is provided at the start of representative ́s service. The Representatives who are communicating with the Clients directly may not start working before they have reviewed and committed to the adherence of these Rules or participated in the Money Laundering and Terrorist Financing prevention training.
14.3. Training is provided regularly, at least once a year, to all Representatives and other relevant designated staff of the Provider of service. Training may be provided also using electronic means (conference calls, continuous email updates provided confirmation on receipt and acceptance is returned and similar means).
14.4. Training materials and information shall be stored for at least three years.

15. Internal audit and amendment of the Rules.

15.1. Compliance with the Rules shall be inspected at least once a year by the CO, whose job duties are set out in Section 4.1.
15.2. The report on the results of the inspection concerning the compliance with the measures for prevention of Money Laundering and Terrorist Financing shall set out the following information:
a. time of the inspection;
b. name and position of the person conducting the inspection;
c. purpose and description of the inspection;
d. analysis of the inspection results, or the conclusions drawn on the basis of the inspection.
15.3. If the inspection reveals any deficiencies in the Rules or their implementation, the report shall set out the measures to be applied to remedy the deficiencies, as well as the respective time schedule and the time of a follow-up inspection.
15.4. If a follow-up inspection is carried out, the results of the follow-up inspection shall be added to the inspection report, which shall state the list of measures to remedy any deficiencies discovered in the course of the follow-up inspection, and the time actually spent on remedying the same.
15.5. The inspection report shall be presented to the MB, who shall decide on taking measures to remedy any deficiencies discovered.