RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 20, 2021 No. 113

About modification and amendments in resolutions of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 40 "About approval of Rules of implementation of currency transactions in the Republic of Kazakhstan" and of March 30, 2019 No. 42 "About approval of Rules of implementation of export-import currency exchange control in 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 March 30, 2019 No. 40 "About approval of Rules of implementation of currency transactions in the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 18512) the following changes and amendments:

state preamble in the following edition:

"According to the subitem 59) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and the subitem 1) of item 4 of article 5 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in Rules of implementation of the currency transactions in the Republic of Kazakhstan approved by the specified resolution:

to state part one of Item 1 in the following edition:

"1. Rules of implementation of currency transactions in 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" (further - the Law on National Bank), the subitem 1) of item 4 of article 5 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" are developed according to the subitem 59) (further - the Law on currency control and currency exchange control) and determine procedure residents and nonresidents of currency transactions in the Republic of Kazakhstan.";

add with Item 8-1 of the following content:

"8-1. The authorized bank monthly to 18 (eighteenth) (inclusive) the month following the accounting period, on currency transactions, that number carried out at the request of the client which amount is equal or exceeds 50 000 (fifty thousand) US dollars in equivalent, and also on purchase transactions and sales at the request of the client of foreign currency irrespective of the amount, submits in central office of National Bank the report on the performed currency transactions on form according to appendix 9 to the Rules of monitoring of currency transactions in the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of April 10, 2019 No. 64 "About approval of Rules of monitoring of currency transactions in the Republic of Kazakhstan", registered in the Register of state registration of regulatory legal acts at No. 18544.";

state Item 10 in the following edition:

"10. When carrying out payment and (or) money transfer on currency transaction the resident or the nonresident submits the following documents to authorized bank:

1) the identity document, with IIN in the cases provided by the laws of the Republic of Kazakhstan (for physical person), or the data confirming (identifying) the personality by means of service of digital documents.

The authorized bank uses data from service of digital documents on condition of the consent of the owner presented from the user's office on the web portal of "the electronic government" and also by means of the "electronic government" of subscriber number of cellular communication of the owner registered on the web portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the web portal of "the electronic government";

2) the document confirming the right of permanent residence in the Republic of Kazakhstan (in the presence) (for the physical person - the foreigner or the stateless person);

3) license of National Bank for carrying out banking and other activities (in the presence);

4) copies of the documents confirming execution or based on which obligation fulfillment under currency agreements on export or import is necessary;

5) currency agreement or its copy. The currency agreement or its copy to which the requirement of receipt of accounting number extends is submitted with mark about assignment of accounting number (for the currency agreement to which accounting number after enforcement of Rules was assigned);

6) the registration certificate or the certificate on the notification - for the currency agreements which are subject to accounting registration on capital movement or foreign bank accounts according to which before enforcement of Rules the registration certificate or the certificate on the notification was received and accounting number was not assigned.

Submission of the currency agreement is not required in the following cases:

if money transfer on currency transaction is made between resident physical persons or between nonresident physical persons within the Republic of Kazakhstan and is non-paid;

if the payment and (or) money transfer on currency transaction is made on the amount which is not exceeding in equivalent of ten thousand US dollars, and sender or the beneficiary of payment and (or) money transfer is the physical person, branch and (or) representation of the foreign legal entity or the nonresident legal entity;

if the payment and (or) money transfer on currency transaction is made on the amount which is not exceeding in equivalent of ten thousand US dollars, and the resident legal entity (the sender and (or) the beneficiary of payment and (or) money transfer) makes or confirms record that such payment and (or) money transfer is not connected with execution of the currency agreement on which assignment of accounting number is required;

if the payment and (or) money transfer on currency transaction is made by physical person on own bank account (from own bank account) in foreign bank.

The payment and (or) money transfer on currency transaction which is carried out by the resident third party through authorized bank on account of obligation fulfillment of resident and (or) the nonresident is allowed on condition of submission of the agreement determining nature of cross liabilities between the resident third party and person for who the payment and (or) money transfer is made if it does not follow from the currency agreement based on which such payment and (or) money transfer is made. If the requirement of receipt of accounting number extends to any of currency agreements, then the copy of the currency contract with mark on assignment of accounting number, either the copy of the registration certificate, or the copy of the certificate on the notification is submitted.

If the payment and (or) money transfer on currency transaction is made by the resident physical person on account of obligation fulfillment of the spouse (spouse) or the close relative, then as the currency agreement the document, confirmatory is submitted that the sender of money is spouse (spouse) or the close relative of physical person on account of whose obligation fulfillment the payment and (or) money transfer is made.";

state appendices 1 and 2 in edition according to appendices 1 and 2 to this resolution.

2. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 42 "About approval of Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 18539) the following changes and amendments:

state preamble in the following edition:

"According to the subitem 60) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and the subitem 3) of item 4 of article 5 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in the Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan approved by the specified resolution:

to state part one of Item 1 in the following edition:

"1. These rules of implementation of export-import currency exchange control in 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 3) of item 4 of article 5 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" are developed according to the subitem 60) (further - the Law on currency control and currency exchange control) and determine procedure of export-import currency exchange control in the Republic of Kazakhstan.";

state Item 15 in the following edition:

"15. The authorized employee of authorized bank (its branch) or territorial branch of National Bank within 2 (two) working days from the date of giving by the exporter or importer of necessary documents registers the currency agreement on export or import in the magazine of registration in form according to appendix 3 to Rules.

Accounting number, date of its assignment, the name of authorized bank or territorial branch of National Bank, the information about the exporter or the importer, are specified on the first or last leaf of the original or the copy of the currency contract on export or import with assurance by the signature and specifying of surname and initials of the authorized employee of authorized bank (its branch) or territorial branch of National Bank. One copy of the copy of the currency contract on export or import with mark about assignment of accounting number remains in authorized bank (its branch) or territorial branch of National Bank.

In case of electronic document management the exporter or the importer represents the electronic copy of the currency agreement on export or import. The authorized employee of authorized bank (its branch) or territorial branch of National Bank according to the procedure, established by the internal act, assigns accounting number with assurance by the digital signature and informs in any form of the exporter or importer of assignment to the currency agreement on export or import of accounting number.";

1, of 3, of 4, of 6, of 7, of 13, 14 and 15 to state appendices in edition according to appendices 3, of 4, of 5, of 6, of 7, of 8, 9 and 10 to this resolution.

3. To department of paying balance (Uskenbayev A. B.) 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 action provided by the subitem 2) of this Item.

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