JOINT ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of September 18, 2017 No. 561, on December 22, 2017 No. 244

About introduction of amendments to some orders of the Minister of Finance of the Republic of Kazakhstan and resolutions of Board of National Bank of the Republic of Kazakhstan"

For the purpose of implementation of the Law of the Republic of Kazakhstan of February 27, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the civil, bank law and improvement of conditions for business activity" the Minister of Finance of the Republic of Kazakhstan ORDERS and the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Bring the following changes in some orders of the Minister of Finance and the resolution of Board of National Bank of the Republic of Kazakhstan:

1) in the order of the Minister of Finance of the Republic of Kazakhstan of November 26, 2014 No. 521 and the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014 No. 235 "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 banks of the second level and the National operator of mail" (registered in the Register of state registration of regulatory legal acts at No. 10212, published on February 27, 2015 in information system of law of Ad_let):

The 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 banks of the second level and the National operator of mail approved by the specified order and the resolution to be reworded as follows according to appendix 1 to the presents to the joint order and the resolution;

2) in the order of the Minister of Finance of the Republic of Kazakhstan of November 26, 2014 No. 523 and the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014 No. 238 "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 insurance (reinsurance) organizations and insurance brokers" (registered in the Register of state registration of regulatory legal acts at No. 10214, published on February 26, 2015 in information system of law of Ad_let):

The 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 insurance (reinsurance) organizations and insurance brokers approved by the specified joint order and the resolution to be reworded as follows according to appendix 2 to the presents to the joint order and the resolution.

2. To banks of the second level, the national operator of mail, the insurance (reinsurance) organizations and insurance brokers to bring internal documentation into accord with the presents the joint order and the resolution no later than three calendar months from the date of enforcement of the presents of the joint order and the resolution.

3. To committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan (Dzhumadildayev A. S.) in the procedure established by the legislation to provide:

1) state registration of the presents of the joint order and resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of the presents of the joint order and the resolution the direction of their copies 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 inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of the presents of the joint order and resolution on official Internet resource of the Ministry of Finance of the Republic of Kazakhstan after their official publication.

4. The presents the joint order and the resolution become effective since January 1, 2018 and are subject to official publication.

Appendix 1

to the Order of the Minister of Finance of the Republic of Kazakhstan and the Resolution of Board of National Bank of the Republic of Kazakhstan of September 18, 2017 No. 561, on December 22, 2017 No. 244

No. 521, No. 235 are approved on December 24, 2014 by the Order of the Minister of Finance of the Republic of Kazakhstan and the Resolution of Board of National Bank of the Republic of Kazakhstan of November 26, 2014

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 banks of the second level and the National operator of mail

Chapter 1. General provisions

1. These 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 banks of the second level and the National operator of mail (further Requirements) are developed according to the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of the income received in the criminal way, and to terrorism financing" (further - the Law on POD/FT) and the resolution of Board of National Bank of the Republic of Kazakhstan of February 26, 2014 No. 29 "About approval of Rules of forming of risk management system and internal control for banks of the second level", registered in the Register of state registration of regulatory legal acts under No. 9322 (daleepravil).

2. If Requirements do not provide other, then the concepts applied in Requirements are used in the values specified in the Law on POD/FT, the Law of the Republic of Kazakhstan of July 26, 2016 "About payments and payment systems" and the Law of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies".

For the purposes of Requirements the following basic concepts are used:

1) unusual transaction (transaction) - transaction (transaction) which is subject to obligatory studying on the bases specified in item 4 of article 4 of the Law on POD/FT;

2) risks of laundering of the income and financing of terrorism (further - ODES/FT) - possibility of deliberate or inadvertent involvement of banks of the second level and the National operator of mail (further - bank) in processes of ODES/FT or other criminal activities;

3) risk management of OD/FT set of the measures for identification, assessment, monitoring of risks of OD/FT, and also their minimization taken by bank (concerning products/services, clients, and also made by clients of transactions);

4) threshold transaction - the transaction with money and (or) other property which is subject to financial monitoring according to Items 1 and 2 of article 4 of the Law on POD/FT;

5) business relations - the relations on provision by bank to the client of services (products) relating to financial activities and financial services.

3. Internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further POD/FT) is performed by bank for the purpose of:

1) ensuring accomplishment by bank of requirements of the Law on POD/FT;

2) maintenance of system effectiveness of internal control of bank at the level sufficient for risk management of OD/FT and the integrated risks (operational, losses of reputation, concentration);

3) exceptions of involvement of bank, his officials and workers in processes of OD/FT.

4. Within the organization of internal control for the purpose of POD/FT in bank the rules of internal control which are considering requirements of Rules and including requirements to carrying out internal audit of bank of efficiency evaluation of internal control by service for the purpose of POD/FT are developed.

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