ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of November 10, 2017 No. 658

About modification and amendments in some orders of the Ministry of Finance of the Republic of Kazakhstan

According to Item 3-2 of article 11 of the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" I ORDER:

1. Approve the list of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions, according to appendix to this order are made.

2. To provide to committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on official Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. To impose control of execution of this order on the chairman of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix

to the Order of the Minister of Finance of the Republic of Kazakhstan of November 10, 2017 No. 658

The list of some orders of the Ministry of Finance of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of November 5, 2014 No. 477 "About approval of Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for the accounting organizations and professional accountants performing business activity in the field of financial accounting" (it is registered in the Register of state registration of regulatory legal acts at No. 9920, it is published on January 23, 2015 in information system of law of Ad_let) the following changes and amendments:

in Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for the accounting organizations and professional accountants performing business activity in the field of financial accounting, approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

1) of item 4 to exclude the subitem;

state Item 7 in the following edition:

"7. PVK include programs according to Item 3 of article 11 of the Law on POD/FT.";

exclude Items 8 and 9;

to state heading of Chapter 2 in the following edition:

"Chapter 2. The program of the organization of internal control for the purpose of POD/FT, including requirements imposed to the workers of Subjects of financial monitoring responsible for realization and observance of PVK";

state Item 11 in the following edition:

"11. The program of the organization of internal control for the purpose of POD/FT contains:

1) the procedure of the organization of internal control, including the description of functions of the responsible person or structural division, including order of interaction with other structural divisions of the Subject when implementing internal control for the purpose of POD/FT;

2) the procedure of refusal to clients in establishment of business relations and the termination of business relations, refusal in carrying out transaction with money and (or) other property, and taking measures to freezing of transactions with money and (or) other property;

3) the procedure of recognition by Subjects of the difficult, unusually large and other unusual transaction which is subject to studying as suspicious transaction;

4) the procedure of recognition of transaction of the client having the characteristics corresponding to tipologiya, schemes and methods of legalization (washing) of the criminal income and financings of terrorism as suspicious;

5) the procedure of submission of data and information on the transactions which are subject to financial monitoring about the refusal facts to the client in establishment of business relations, the terminations of business relations with the client, refusal in carrying out transaction with money and (or) other property, about measures for freezing of transactions with money and (or) other property in authorized body, including instructions and regulations of work in the automated information systems and the software used for transfer of data, information and documents in authorized body;

6) the procedure of fixation and document storage and the data received by results of proper check of the client including the file of the client and correspondence with it, documents and data on the transactions which are subject to financial monitoring including on suspicious transactions, and also results of studying of all difficult, unusually large and other unusual transactions.

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