RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of August 27, 2018 No. 183

About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of July 16, 2014 No. 144 "About approval of Rules of the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan"

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of June 13, 2005 "About currency control and currency exchange control", of March 19, 2010 "About the state statistics", of May 16, 2014 "About permissions and notifications" and of July 2, 2018 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning currency control and currency exchange control, risk - the oriented supervision of activities of the financial organizations, consumer protection of financial services and enhancement of activities of National Bank of the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of July 16, 2014 No. 144 "About approval of Rules of the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 9801, it is published on November 12, 2014 in information system of law of Ad_let) the following changes and amendments:

in Rules of the organization of the exchange transactions with cash foreign currency in the Republic of Kazakhstan approved by the specified resolution:

1, 2 and 3 to state Items in the following edition:

"1. These rules of the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan (further - Rules) are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", of June 13, 2005 "About currency control and currency exchange control" (further - the Law on currency control), of May 16, 2014 "About permissions and notifications" (further - the Law on permissions) and determine procedure and conditions of licensing of authorized organizations, including qualification requirements to them, requirements to activities for the organization of exchange transactions with cash foreign currency, procedure for carrying out the transactions by authorized organizations for purchase and (or) sale of the affined ingot gold issued by National Bank of the Republic of Kazakhstan (further - National Bank), and also the notification procedure authorized bank about opening, suspension, activities renewal, closing of exchange points, forms and procedure for provision of information on activities for the organization of exchange transactions with cash foreign currency, and also on transactions of the authorized organizations for purchase and (or) sale of the affined ingot gold issued by National Bank.

2. The concepts applied in Rules are used in the values specified in the Law on currency control, in the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services".

For the purposes of Rules also following terms and concepts are used:

1) the automated exchange point - the electronic and mechanical device belonging to the legal entity having the right to the organization of exchange transactions with cash foreign currency and allowing to perform exchange transactions by cash deposit of money in this device and obtaining from it cash of the equivalent amount in other currency;

2) exchange transactions - the transactions on purchase, sale and exchange of cash foreign currency performed through exchange points and the automated exchange points;

3) operational cash desk of exchange point - specially equipped part of the room of exchange point intended for the cashier servicing clients when carrying out transactions with cash foreign currency;

4) computer system - the automated information system realizing functions of cash register providing accounting of exchange transactions and registered in tax authority;

5) the valid license - the granted or renewed license for the organization of exchange transactions with cash foreign currency which is not suspended or is not stopped;

6) cash foreign currency - the banknotes and treasury notes accepted by foreign states as legal means of payment which are in circulation;

7) the legal entity having the right to the organization of exchange transactions with cash foreign currency - authorized organization or the authorized bank having the right to the organization of exchange transactions with foreign currency according to the license granted to it or the right granted by the laws of the Republic of Kazakhstan;

7-1) affined ingot gold - the affined investment gold in the certified measuring ingots conforming to the national standard of the Republic of Kazakhstan of ST of RK 2049-2010 "Gold bars measuring. Specifications", issued by National Bank not earlier than 2017;

8) the valid appendix to the license - the issued or renewed appendix to the license for the organization of exchange transactions with cash foreign currency which is not suspended or is not stopped;

9) appendix to the license - the integral part of the license containing data on the actual location of exchange point of authorized organization;

10) the electronic license and the electronic appendix to the license - the license and appendix to the license in electronic form which are drawn up and issued with use of information technologies, equivalent licenses and to appendix to the license on paper.

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