Committees favor easing bank account access regime in money laundering cases

Two Riigikogu committees are in favor of a proposal from Chancellor of Justice Ülle Madise which would loosen up the regulations governing the closing down of bank accounts, in cases of suspected money laundering.
The call from the justice chancellor is part of a general trend for seeking to bring legislation in line with the Constitution and in this case would get round the problem of individuals suspected of money laundering and related activities being unable to pay fines and other state fees, precisely due to their accounts being frozen or closed down.
The relevant committees are the Riigikogu's Constitutional Committee and its Finance Committee.
The Chancellor of Justice stressed that while preventing money laundering and terrorism financing is without question vital, every individual requires access to a bank account for daily functioning, any legal assessment of their activities notwithstanding.
"Achieving the goal of preventing money laundering and terrorism while better respecting individuals' fundamental rights is all viable," Madise said.
Constitutional Committee chair Hendrik Johannes Terras, Chairman (Eesti 200) reported that the committee found the Chancellor of Justice's proposal justified, and that the Riigikogu should align the laws with the Constitution.
The Finance Committee will discuss possible solutions once the proposal finds Riigikogu support.
Chair of the finance committee, Annely Akkermann (Reform), meanwhile also expressed support for the justice chancellor's proposal.
Akkermann said: "To resolve the problem, a legal amendment should be made that would require banks to open an account for an individual under certain conditions, even if it is with restrictions."
Placing restrictions on the use of accounts, rather than an outright ban, could reduce the risks associated with money laundering or terrorism financing, Akkermann argued.
Last week, Chancellor of Justice Madise proposed the Riigikogu bring the Money Laundering and Terrorist Financing Prevention Act, the Credit Institutions Act, the Law of Obligations Act, and the State Fees Act, in line with the Constitution.
Madise also requested that the Riigiklogu establish a legal basis and procedure for individuals to pay court fees via a bank account under certain conditions, even if they cannot generally use their bank account in the usual extent, due to the bank's due diligence in fulfilling the anti-money laundering and counter-terrorism requirements.
Madise added that several applications had been submitted to her office whereby a bank refused to open accounts or had closed existing accounts, with other Estonian banks also refusing to open new accounts with the individuals in question.
The decisions were likely made based on the requirements of the money laundering act, which either prevent credit institutions from providing services under certain conditions, or obligate them to terminate services.
Furthermore, in somewhat of a Catch-22 situation, banks do not accept cash payments from individuals without an actual active account, while the individuals cannot seek legal protection in court as they cannot pay state fees over €10 in value in cash.
The Chancellor of Justice and representatives of the constitutional and finance committees will speak before the Riigikogu's main hall, which will be followed by a question session and debating.
Support for the justice chancellor's proposal hinges on a simple majority among the Riigikogu's 101 MPs.
If this support is found, the Riigikogu Speaker will instruct the Finance Committee to indeed initiate a bill aimed at aligning legislation with the constitution.
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Editor: Andrew Whyte