RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 22, 2021 No. 99

About modification and amendments in some regulatory legal acts of National Bank of the Republic of Kazakhstan concerning payments and payment systems

The board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the List of some resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and amendment concerning payments and payment systems are made (further - the List), according to appendix to this resolution.

2. To department of payment systems (Ashykbekov E. T.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal department (Kasenov A. S.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Sholpankulov B. Sh.

4. This resolution becomes effective after ten calendar days after day of its first official publication, except for:

1) paragraphs from Item 7 of the List, the ninetieth on the ninety sixth, which become effective since January 1, 2022;

2) paragraphs from Item 7 of the List, the hundred eleventh on the hundred thirteenth, which become effective after six months after day of the first official publication of this resolution.

It is approved Ministry of Justice of the Republic of Kazakhstan

It is approved Agency of the Republic of Kazakhstan on regulation and development of the financial market

It is approved Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Resolution of Board of National Bank of the Republic of Kazakhstan

The list of some resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and amendment concerning payments and payment systems are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of November 15, 1999 No. 396 "About approval of Rules of accounting of bills of exchange by banks of the second level of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 1015) the following changes:

state heading in the following edition:

"About approval of Rules of accounting of bills of exchange by banks of the second level of the Republic of Kazakhstan, branches of nonresident banks of the Republic of Kazakhstan";

state preamble in the following edition:

"According to the subitem 26) "About National Bank of the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES: parts two of article 15 of the Law of the Republic of Kazakhstan";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of accounting of bills of exchange by banks of the second level of the Republic of Kazakhstan, by branches of nonresident banks of the Republic of Kazakhstan.";

in Rules of accounting of the bills of exchange by banks of the second level of the Republic of Kazakhstan approved by the specified resolution:

state heading in the following edition:

"Rules of accounting of bills of exchange by banks of the second level of the Republic of Kazakhstan, branches of nonresident banks of the Republic of Kazakhstan";

state preamble in the following edition:

"These rules of accounting of bills of exchange by banks of the second level of the Republic of Kazakhstan, by branches of nonresident banks of the Republic of Kazakhstan (further - Rules) parts two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan are developed according to the subitem 26)" and determine accounting treatment for bills of exchange banks of the second level and branches of nonresident banks of the Republic of Kazakhstan (further - banks).".

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of October 22, 2014 No. 199 "About approval of Rules of carrying out transactions with documentary credits by banks of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 9948) the following changes:

in Rules of carrying out the transactions with documentary credits banks of the Republic of Kazakhstan approved by the specified resolution:

state preamble in the following edition:

"These rules of carrying out transactions with documentary credits by banks of the Republic of Kazakhstan (further - Rules) parts two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 14) of Item 2 of article 30 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", the Unified customs and rules according to the documentary credit accepted by International Chamber of Commerce are developed according to the subitem 25) (International Chamber of Commerce, UCP Publication No. 600), and determine procedure for carrying out transactions with documentary credits by banks of the Republic of Kazakhstan (further - banks).";

state item 4 in the following edition:

"4. Opening of the letter of credit by bank is performed in the presence at it the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on carrying out banking and other activities for opening (exposure) and confirmation of the letter of credit and obligation fulfillment on it.";

state Item 15 in the following edition:

"15. When implementing payment for benefit of the beneficiary the emitting bank (performing bank) creates on the amount of the letter of credit the payment document which execution is made according to the procedure and with observance of requirements, the stipulated in Clause 46 Laws of the Republic of Kazakhstan "About payments and payment systems", Item 1 of article 7 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control", Chapter 3 of Rules of implementation of the cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 208, Item 10 of Rules of implementation of currency transactions registered in the Register of state registration of regulatory legal acts at No. 14419, in the Republic of Kazakhstan No. approved by the resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 40, registered in the Register of state registration of regulatory legal acts at No. 18512.".

3. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2016 No. 34 "About approval of Requirements to safety and continuousness of work of information systems of the banks and organizations performing separate types of banking activities" (it is registered in the Register of state registration of regulatory legal acts at No. 13256) the following changes:

state heading in the following edition:

"About approval of Requirements to safety and continuousness of work of information systems of banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities";

state preamble in the following edition:

"According to the subitem 85) "About National Bank of the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES: parts two of article 15 of the Law of the Republic of Kazakhstan";

state Item 1 in the following edition:

"1. Approve the enclosed Requirements to safety and continuousness of work of information systems of banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities.";

in Requirements to safety and continuousness of work of information systems of the banks and organizations performing separate types of the banking activities approved by the specified resolution:

state heading in the following edition:

"Requirements to safety and continuousness of work of information systems of banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities";

state Chapter 1 in the following edition:

"Chapter 1. General provisions

1. These Requirements to safety and continuousness of work of information systems of banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities (further - Requirements), parts two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan" are developed according to the subitem 85) and determine requirements to safety and continuousness of work of information systems of banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities (further - banks) by means of which rendering electronic banking services is provided.

2. In Requirements concepts, the stipulated in Article 1 Law on payments and payment systems, by article 1 of the Law of the Republic of Kazakhstan "About informatization", the Rules of rendering by the banks, branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities, electronic banking services, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 212, registered in the Register of state registration of regulatory legal acts at No. 14337 are used (further - Rules No. 212), and also the following concepts:

1) object of information system - the separate component of information system intended for transfer, processing and storage of information for accomplishment of separate function when rendering electronic banking services;

2) the main center of information system of bank (further - the main center) - set of the program technical means and service personnel providing rendering electronic banking services in the normal (daily) mode;

3) the reserve center of information system of bank (further - the reserve center) - set of the program technical means and service personnel providing rendering electronic banking services in case of unusual situations or carrying out planned technical works in the main center;

4) information system of bank for rendering electronic banking services (further - information system) - the system intended for storage, processing, search, distribution, transfer and provision of information using the hardware and software by means of which rendering electronic banking services is provided;

5) the ranking officer - the employee of bank responsible for work in information system according to job responsibilities;

6) workplace - the personal computer (server) on which the program and user interface for management of information system or objects of information system is established;

7) team of recovery - employees of bank and the organizations rendering services in ensuring availability and full functioning of information system or objects of information system which provide complete recovery taking into account idle time, established by internal documents of bank, or transfer of work of information system in the reserve center;

8) the user - the client of bank addressing information system for receipt of electronic banking services, or the ranking officer;

9) identification - confirmation of authenticity of the subject or access object to information system by determination of compliance of the shown access details.

3. Management of operational risk, going concern, risks of information technologies, information security for the purpose of safety and continuousness of work of information systems of banks, except for the organizations performing separate types of banking activities is performed according to the resolution of Board of National Bank of the Republic of Kazakhstan of November 12, 2019 No. 188 "About approval of Rules of forming of risk management system and internal control for banks of the second level, branches of nonresident banks of the Republic of Kazakhstan", registered in the Register of state registration of regulatory legal acts at No. 19632.";

state Item 24 in the following edition:

"24. The bank in the notifications on the planned enforcement of changes (updates) made to the technical, program and other means ensuring functioning of information system, and the electronic banking services influencing availability to the client sent to clients specifies type of electronic banking services which availability will be affected by the planned changes, and also time of their expected unavailability. The minimum requirements on bringing to data of clients of the notification on the planned changes include placement of notifications on the Internet - resource of bank.".

4. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 201 "About approval of Rules of functioning of interbank money transfer system" (it is registered in the Register of state registration of regulatory legal acts at No. 14310) the following changes:

in the Rules of functioning of interbank money transfer system approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of functioning of interbank money transfer system (further - Rules) parts two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan" (further - the Law on National Bank), the subitem 4) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About payments and payment systems" are developed according to the subitem 16) (further - the Law on payments and payment systems) and determine procedure for functioning of interbank money transfer system (further - system) which operator is the National Bank of the Republic of Kazakhstan (further - National Bank). The operational center of system is the Republican state company on the right of economic maintaining "The Kazakhstan center of interbank calculations of National Bank of the Republic of Kazakhstan" (further - the Center).

The procedure for functioning of interbank money transfer system includes conditions of participation in system, the legal basis of functioning of system, the services rendered by National Bank and the Center in system and transaction types, interaction of the user with system, procedures of information security, opening of operational day, functioning of system during the operational day, queue, completeness (finality) of payments and (or) money transfers in system, acceptance in system and money withdrawal from system during the operational day, implementation of cross-border payments and (or) money transfers through system, closing of operational day, provision of information messages during and at the end of the operational day and risk management system in system.";

state Item 46 in the following edition:

"46. In system money transfers by results of clearing are carried out:

1) interbank transactions with use of payment cards;

2) in system of interbank clearing;

3) in system of mass electronic payments;

4) in system of instant payments.";

state Item 50 in the following edition:

"50. Codes of priority are developed by the Center in coordination with National Bank taking into account carrying out social orientation by users of payments, participation of users in calculations in the security market and the foreign exchange market of the Republic of Kazakhstan, ensuring completion of money transfers by results of clearing of the transactions between banks made with use of payment cards in system of interbank clearing, in system of mass electronic payments and in system of instant payments.";

state Item 100 in the following edition:

"100. For identification, measurements, monitoring and management of operational risk are used the following methods:

1) carrying out by National Bank control and supervision of the organization and functioning of system according to the Law on National Bank;

2) survey of the user on fulfillment of requirements to the organizational measures and program technical means providing access to payment systems, approved by the resolution of Board of National Bank of August 31, 2016 No. 200 "About approval of Requirements to the organizational measures and program technical means providing access to payment systems", registered in the Register of state registration of regulatory legal acts at No. 14289;

3) permanent monitoring and maintenance of continuous work of system software and hardware complex by the Center according to the methods determined by internal documents of the Center for management of operational risk;

4) maintenance in urgent condition of the plan of recovery of activities of system taking into account possible scenarios of stop of system operation and testing by National Bank together with the Center of this plan with transfer of system operation from the main center on the reserve center at least two times within year;

5) ensuring operability of the reserve center;

6) transfer of system operation from the main center on the reserve center in the presence of the failures or idle times in work of software and hardware complex of system which are not subject to recovery in the main center.".

5. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 203 "About approval of Rules of application of codes of sectors of economy and purpose of payment" (it is registered in the Register of state registration of regulatory legal acts at No. 14365) the following changes:

in the Rules of application of codes of sectors of economy and purpose of payment approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of application of codes of sectors of economy and purpose of payment (further - Rules) parts two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 15) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About payments and payment systems" are developed according to the subitem 47) (further - the Law on payments and payment systems) and determine procedure for application of codes of sectors of economy and purpose of payment, and also system of coding of payments.";

state Item 2 in the following edition:

"2. In Rules concepts, the stipulated in Article 1 Law of the Republic of Kazakhstan "About the electronic document and the digital signature", by article 1 of the Law on payments and payment systems, and also the following concepts are used:

1) currency code and funds (further - currency code) - the three-digit alphabetic code for designation of currencies and funds established according to the national qualifier of the Republic of Kazakhstan RK 07 ISO 4217 Oil Company "Codes for representation of currencies and funds";

2) code of purpose of payment - three-digit digital specification symbol of purpose of payment.";

state appendix 2 in edition according to appendix 1 to this List of some resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and amendment concerning payments and payment systems are made.

6. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 207 "About approval of Rules of opening, maintaining and closing of bank accounts of clients" (it is registered in the Register of state registration of regulatory legal acts at No. 14422) the following changes and amendment:

in Rules of opening, maintaining and closing of bank accounts of the clients approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of opening, maintaining and closing of bank accounts of clients (further - Rules) are developed according to Article 282 of the Civil code of the Republic of Kazakhstan (General part) and Article 747 of the Civil code of the Republic of Kazakhstan (Special part) (further - the Civil code), Articles 19, 24 Codes of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (further - the Tax code), the subitem 44) of part two of Article 15 and article 49 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 13) of Item 1 of Article 4 and article 27 of the Law of the Republic of Kazakhstan "About payments and payment systems" (further - the Law on payments and payment systems) and determine procedure for opening, maintaining and closing of bank accounts of clients in banks of the Republic of Kazakhstan, branches of nonresident banks of the Republic of Kazakhstan and the organizations, performing opening and maintaining bank accounts of physical persons and legal entities based on the license of authorized body on regulation, control and supervision of the financial market and the financial organizations (further - authorized body) and also in case the law of the Republic of Kazakhstan regulating activities of such organization provides possibility of implementation of the specified transactions without license (further - banks).";

state Item 5 in the following edition:

"5. The bank account is opened in case of the conclusion between the client and bank of bank account agreement and (or) bank deposit agreement (further - the agreement of bank servicing) based on the statement of the client in the form established by bank (further - the statement) provided to bank on paper or in electronic form.

The bank account intended for transfer of housing payments and implementation of payments on the purpose according to article 101-5 of the Law of the Republic of Kazakhstan "About the housing relations" (further - the Law on the housing relations), opens in case of the conclusion between bank, the client - the employee who is the receiver of housing payments and public institution which employee is receiver of housing payments, agreements on housing payments according to appendices 10 to the Rules of calculation of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing employee benefits of special state bodies of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of December 28, 2012 No. 1727 (further - Rules No. 1727), to Rules of providing the military personnel with the office dwelling, calculations of the size, appointment, recalculation, implementation, the termination, suspensions and renewals of housing payments, the approved order of the Government of the Republic of Kazakhstan of February 12, 2018 No. 49 (further - Rules No. 49), and also according to Appendix 8 to the Rules of calculation of the size, appointment, recalculation, implementation, the termination, suspension and renewal of housing employee benefits of operational investigative divisions of authorized body on anti-corruption approved by the order of the Government of the Republic of Kazakhstan of December 22, 2020 No. 872 (further - Rules No. 872).

The bank account intended for educational accumulation deposit according to article 7 of the Law of the Republic of Kazakhstan "About the State educational accumulative system" (further - the Law on the State educational accumulative system), opens in case of the conclusion between the client and bank of the agreement on educational accumulation deposit according to appendix 1 to the order of the Minister of Education and Science of the Republic of Kazakhstan of February 13, 2015 No. 63 "About approval of the Standard agreement about educational accumulation deposit and the Standard agreement about cooperation in the field of the State educational accumulative system", registered in the Register of state registration of regulatory legal acts at No. 10610.";

state Item 8 in the following edition:

"8. When opening the bank account to the client or the appeal of the client to bank after opening of the bank account the bank issues to the client confirmation in any written form or in electronic form in which bank account number is specified, except as specified, when bank account number is specified in the agreement of bank servicing.

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