RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 28, 2022 No. 13

About modification and amendments in 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"

According to subitem 57-1) 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 4) 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:

1. Bring in 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" (it is registered in the Register of state registration of regulatory legal acts at No. 18544) the following changes and amendments:

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

add with Item 4-1 of the following content:

"4-1. In case of submission of documents for accounting registration on paper, receipt of the original or copy of leaf of the currency contract with accounting number is performed in case of presentation by the receiver of the identity certificate or confirmation (identification) of the personality by means of service of digital documents.";

state Item 10 in the following edition:

"10. If in the currency agreement on capital movement the agreement amount is not specified date of its signing (in case of its absence - on the effective date), then the currency agreement on capital movement is considered as the agreement which is subject to accounting registration.

For the purposes of determination of distribution of accounting registration for the currency agreement on capital flow in which the amount of the agreement is expressed in other currency than US dollar, and there is no specifying on the exchange rate to US dollar, calculation of equivalent of the amount of the currency agreement in US dollars is perfromed with use of the market rate of currency exchange for signature date of the currency agreement (in case of its absence - for date of the introduction of the currency agreement in force).

In case of modification and (or) the amendments in the currency agreement on capital movement increasing its amount, increase in the amount of currency transaction by the conclusion of the agreement of innovation, calculation of equivalent in US dollars of increase in the amount of the currency agreement is perfromed with use of the market rate of currency exchange for signature date of the supplementary agreement, agreement of innovation (in case of its absence - for date of the introduction of the supplementary agreement, agreement of innovation in force).

Under the currency agreement on capital movement which amount does not exceed the threshold value specified in Item 9 of Rules in case of the actual increase in the amount of the agreement without entering of corresponding changes into the currency agreement, calculation of equivalent in US dollars of the amount of actually fulfilled obligations under the currency agreement it is perfromed with use of the market rate of currency exchange on date of the corresponding transactions.

In case of acceptance by the resident of right to claim against the nonresident or debt to the nonresident as a result of concession of the requirement or transfer of debt, the amount of the currency agreement the transferred (accepted) amount of the requirement or debt respectively, including the amount of the requirement or debt on remuneration, commission charges, penalties and other payments is recognized.";

state Item 12 in the following edition:

"12. The participating resident of the currency agreement on capital movement addresses for assignment of accounting number to the currency agreement on capital movement prior to obligation fulfillment under such currency agreement of any of its parties. If obligation fulfillment under the currency agreement with the first there begins it nonresident participant, and this execution is connected with cession of property (receipt of money) for benefit of resident, then the participating resident of the currency agreement on capital movement addresses for assignment of accounting number to such currency agreement before receipt of property (money) in the order.

The participating resident of the currency agreement on capital movement addresses for assignment of accounting number to the currency agreement on capital movement which amount does not exceed the threshold value specified in Item 9 of Rules prior to execution of such obligation if obligation fulfillment of one of the parties of the currency agreement will entail the actual increase in the amount of the currency agreement, without entering of corresponding changes and (or) amendments into the currency agreement.

The resident which accepted right to claim against the nonresident or accepted debt to the nonresident as a result of concession of the requirement or transfer of debt, voluntary conveyance, inheritance, approach of warranty case, by a court decision, addresses for assignment of accounting number to the currency agreement on capital movement no later than 60 (sixty) calendar days from the date of emergence of such requirement (debt), but prior to obligation fulfillment according to the arisen requirement (debt) of any of its parties.

The resident to which passes the property right to the real estate abroad (except for physical resident persons) on equity interest of legal nonresident person as a result of acquisition at resident, voluntary conveyance, inheritance, by a court decision, addresses for assignment of accounting number to the currency agreement on capital movement no later than 60 (sixty) calendar days from the date of transition of the property right, but before alienation of such property right.

When replacing the initial obligation existing between resident (the exporter or the importer) and the nonresident, other obligation between the same persons providing other subject or method of obligation fulfillment and relating to capital movement transactions, the resident addresses for assignment of accounting number to the currency agreement on capital movement no later than 60 (sixty) calendar days from the date of replacement, but prior to obligation fulfillment of any of its parties.";

15, 16 and 17 to state Items in the following edition:

"15. Receipt of new accounting number for the currency agreement on capital movement to which accounting number is assigned, it is required in case of change of the following data:

1) currencies of the currency agreement on capital movement;

2) participants of the currency agreement on capital movement if change involves change of persons in requirements or obligations of the participating resident of the currency agreement for capital movement;

3) subject of the currency agreement if change involves reclassification of transaction of capital flow and (or) change of report form;

4) identification these participating nonresidents of the currency agreement (surname, name, middle name (in the presence), the countries of permanent residence of physical person, including based on nationality or the right granted according to the legislation of foreign state, the name, country of incorporation of the legal entity, branch (representation) of the legal entity);

5) places of permanent residence (stay) of resident - when moving (re-deployment) to other area, the city of republican value, the capital;

6) identification data of the resident - the participant of the currency agreement who is the legal entity in connection with its reorganization (merge, accession, separation, allocation, transformation).

16. The currency agreement on capital movement is removed from accounting registration in territorial branch of National Bank and (or) its accounting number is excluded from the register of accounting numbers in the following cases:

1) in case of assignment of new accounting number in cases, stipulated in Item 15 Rules;

2) in case of change of conditions of the currency agreement on capital movement or other data as a result of which the sum of the currency agreement is determined below the threshold value specified in Item 9 of Rules or the currency agreement is not subject to accounting registration according to Item 17 of Rules;

3) in the absence of obligation fulfillment by the parties under the currency contract with the expired effective period and (or) the expired completion date of obligations;

4) in case of complete cessation of obligations between the parties;

5) in case of completion of ownership of asset;

6) in case of change of residence of the party of the currency agreement on capital movement as a result of which transactions under the agreement will not be capital movement transactions;

7) when entering data into the National register of business and identification numbers on the termination of activities of legal resident person;

8) at deaths door, the announcement to the dead, recognition by incapacitated or it is limited capable physical resident person and absence of the legal successor;

9) at deaths door, the announcement to the dead, recognition by incapacitated or it is limited capable physical nonresident person, liquidation of legal nonresident person, being the party of the currency agreement on capital movement.

The subitem 4) of part one of this Item, does not extend to cases when the resident is investment object, participates in the investment object capital, acquires the property right to the real estate abroad under the currency agreement on capital movement to which accounting number was assigned.

In the cases provided by subitems 2), 3), 4), 5), 6) and 9) of part one of this Item, the resident for removal of the currency agreement from accounting registration and exception of accounting number of the register of accounting numbers submits the application in form according to appendix 1 to Rules.

In the cases provided by subitems 2), 4), 5), 6) and 9) of part one of this Item together with the statement the resident represents copies of the documents confirming approach of the circumstances specified in the statement.

17. The following currency agreements on capital movement are not subject to accounting registration:

1) currency agreements on capital movement which participants are the National Bank and (or) the Ministry of Finance of the Republic of Kazakhstan;

2) currency agreements on capital movement which participants are members of the International financial center "Astana" on whom operations are performed in the territory of the International financial center "Astana";

3) agreements on the state external loans of the Republic of Kazakhstan, non-state external loans having the state warranties of the Republic of Kazakhstan.

Currency agreements within which the following transactions of capital movement are provided are not subject to accounting registration:

1) carried out by foreign institutions of the Republic of Kazakhstan, branches (representations) of the foreign organizations performing the activities in the territory of the Republic of Kazakhstan;

2) own transactions of capital movement of banks, insurance (reinsurance) organizations, brokers and (or) dealers, managing companies, branches of banks - nonresidents of the Republic of Kazakhstan and branches of the insurance (reinsurance) organizations - the nonresidents of the Republic of Kazakhstan performing the activities in the territory of the Republic of Kazakhstan;

3) the transactions connected with investment of own and (or) pension assets of the single accumulation pension fund and the Voluntary accumulation pension funds;

4) placement and (or) acquisition:

government securities of the Republic of Kazakhstan;

the securities of the resident issuer issued according to the legislation of other state and in its territory (including depositary receipts which underlying asset are securities of the resident issuer);

the securities of the nonresident issuer issued according to the legislation of the Republic of Kazakhstan (including the Kazakhstan depositary receipts);

5) acquisition in the secondary market:

resident at the nonresident of the debt securities of the resident issuer issued according to the legislation of the Republic of Kazakhstan;

the nonresident at resident of the debt securities of the nonresident issuer issued according to the legislation of other state and in its territory;

6) the transactions of residents performed based on the agreement on rendering broker services signed with the resident broker or based on the agreement on management of investment portfolio signed with managing investment resident portfolio;

7) acquisition of right of completely exclusive right to result of intellectual creative activities;

8) the transactions of physical resident persons connected with acquisition of property right to the real estate, voluntary conveyance of money and other currency values.

Accounting number is not assigned:

1) to the contract for voluntary conveyance by the resident to the nonresident (the nonresident to resident) money or other currency values or the property right to the real estate abroad if such transfer is resulted by execution or discharge or alienation of the property right to currency values, on the real estate abroad under the currency agreement on capital movement for which the resident earlier gets accounting number;

2) to the sales agreement resident to the nonresident of shares, shares in the capital of subject to nonresident investment, the real estate abroad if the resident earlier gets accounting number for the currency agreement on capital movement on participation of resident in the capital (to acquisition by the resident of shares, share) subject to nonresident investment, on real estate acquisition abroad in property;

3) to the contract for the redemption subject to resident investment at the nonresident of own shares, shares in the capital if the resident earlier gets accounting number for the currency agreement on capital movement on participation of the nonresident in the capital of subject to resident investment;

4) to advance payments for participation in the biddings on mortgage property - to securities, instruments of equity participation, the real estate.";

state Item 18 in the following edition:

"18. Opening of the bank account, not allocated metal foreign bank account, except for the account opened by physical person, bank, branch (representation) of the foreign organization performing the activities in the territory of the Republic of Kazakhstan and the member of the International financial center "Astana" is subject to the notification on the foreign bank account.";

state Item 20 in the following edition:

"20. For assignment of accounting number legal resident person represents to the foreign bank account to territorial branch of National Bank:

1) the statement in form according to appendix 1 to Rules;

2) the copy of the document of foreign bank on opening of the account with the specified account details. If the document is constituted in foreign language, then its transfer on Kazakh or Russian is represented.

For receipt of new accounting number in cases, stipulated in Item 22 Rules, the documents specified in the subitem 2) to part one of this Item repeatedly are not represented if they did not change from the moment of the last submission to National Bank.";

state Items 22 and 23 in the following edition:

"22. Receipt of new accounting number for the foreign bank account to which accounting number is assigned is required in case of change of the following data:

1) names of foreign bank;

2) the locations of legal resident person - in case of re-deployment to other area, the city of republican value, the capital;

3) identification data of legal resident person in connection with its reorganization (merge, accession, separation, allocation, transformation).

23. The foreign bank account is removed from accounting registration in territorial branch of National Bank and its accounting number is excluded from the register of accounting numbers in the following cases:

1) in case of assignment of new accounting number in cases, stipulated in Item 22 Rules;

2) in case of account termination;

3) when entering record into the National register of business and identification numbers about the termination of activities of legal resident person;

4) in case of liquidation of foreign bank.

In the cases provided by subitems 2) and 4) of part one of this Item, legal resident person for removal of the foreign bank account from accounting registration and exception of accounting number of the register of accounting numbers submits the application in form according to appendix 1 to Rules.

In the cases provided by subitems 2) and 4) of part one of this Item, legal resident person represents copies of the documents confirming approach of the circumstances specified in the statement.";

state Items 32 and 33 in the following edition:

"32. The bank, bank branch - the nonresident of the Republic of Kazakhstan, performing activities in the territory of the Republic of Kazakhstan, monthly to 10 (tenth) (inclusive) the month following the accounting period submits in central office of National Bank the report on conditions of attraction by bank, bank branch - the nonresident of the Republic of Kazakhstan, performing activities in the territory of the Republic of Kazakhstan, financial loans from nonresidents in form according to appendix 7 to Rules.

For the purpose of refining of circumstances of making of currency transactions the bank, bank branch - the nonresident of the Republic of Kazakhstan, performing activities in the territory of the Republic of Kazakhstan, at the request of central office of National Bank represents the copy of the agreement of financial loan.

33. The bank, bank branch - the nonresident of the Republic of Kazakhstan, performing activities in the territory of the Republic of Kazakhstan, quarterly to 10 (tenth) (inclusive) the month following the accounting period submits in central office of National Bank the report on development and servicing of the financial loans attracted with bank, bank branch - the nonresident of the Republic of Kazakhstan, performing activities in the territory of the Republic of Kazakhstan, from nonresidents on whom there are outstanding obligations for the beginning and (or) the end of the accounting period, in form according to appendix 8 to Rules.

Within the report the bank, bank branch - the nonresident of the Republic of Kazakhstan, performing activities in the territory of the Republic of Kazakhstan, provides information on forecast data on application of funds and debt repayment at the request of National Bank.";

state Item 34 in the following edition:

"34. The authorized bank monthly to 18 (eighteenth) (inclusive) the month following the accounting period on the performed currency transactions, including on the currency transactions performed at the request of clients whose amount is equal or exceeds the threshold value determined by the Rules of implementation of currency transactions in the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 40, registered in the Register of state registration of regulatory legal acts at No. 18512, submits in central office of National Bank the report on the performed currency transactions on form according to appendix 9 to Rules.

For the purposes of reflection in the report of currency transaction which currency differs from US dollar the equivalent of the amount of currency transaction is calculated with use of the market rate of currency exchange on date of transaction.

For the purpose of refining of circumstances of making of currency transactions the authorized bank at the request of National Bank represents the copy of the currency agreement.";

state Item 47 in the following edition:

"47. The certificate on the notification granted to bank on financial loan from the nonresident is effective before complete obligation fulfillment under the currency agreement on capital movement and the stipulated in Item 16 Rules are declared invalid on the bases, and also in case of change of the data specified in subitems 1), 2), 3), 4) and 6) of Item 15 of Rules.";

1, of 3, of 4, of 5, of 6, 7 and 8 to state appendices in edition according to appendices 1, of 2, of 3, of 4, of 5, 6 and 7 to this resolution;

state appendix 9 in edition according to appendix 8 to this resolution.

2. 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.

3. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Baymagambetov A. M.

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