of September 16, 2022 No. 34
About modification and amendments in the Order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring of February 23, 2022 No. 14 "About approval of Rules of evaluating risks of legalization (washing) of the income and financings of terrorism"
I ORDER:
1. Bring in the order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring of February 23, 2022 No. 14 "About approval of Rules of evaluating risks of legalization (washing) of the income and financings of terrorism" the following change and amendments:
exclude Item 11;
state Item 12 in the following edition:
"12. The state, law enforcement and special state bodies, subjects of financial monitoring, Republican notarial chamber, Republican Bar, and also Republican board of legal consultants annually till April 1 provide in authorized body this for risks assessment of legalization (washing) of the income and financing of terrorism according to appendices 1, of 2, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, 18 and 19 to this order.";
add with Item 12-1 of the following content:
"12-1. The notarial chamber generalizes practice of application of the legislation of the Republic of Kazakhstan on POD/FT, makes offers on its enhancement and annually till March 1 provides such information in Republican notarial chamber according to appendix 1 to this order.";
add with appendices 1, of 2, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, 18 and 19 according to appendices 1, of 2, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, of 13, of 14, of 15, of 16, of 17, 18 and 19 to this order.
2. To provide to department on work with subjects on financial monitoring of the Agency of the Republic of Kazakhstan on financial monitoring in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Agency of the Republic of Kazakhstan on financial monitoring.
3. This order becomes effective after ten calendar days half of day of its first official publication.
The chairman of the Agency of the Republic of Kazakhstan on financial monitoring
Zh. Elimanov
to the Order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring of September 16, 2022 No. 34
Assessment of subjects of financial monitoring (it is filled with state bodies – regulators, subjects of financial monitoring, Republican notarial chamber, Republican Bar, Republican board of legal consultants)
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Criterion |
Comment |
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1. General questions of work in the field of counteraction of legalization (washing) of money, and terrorism financing (further – POD/FT) | |
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1.1 What were revealed threats in the field of POD/FT for the last year? |
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1.2. What measures for their elimination were taken? |
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1.3. On how many the taken measures gave due effect on elimination of the revealed threats? |
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2. Efficiency of control activities *** | |
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2.1 Whether subjects of financial monitoring have sufficient financial/personnel/technical resources for control for the purpose of POD/FT? Specify the number of skilled inspectors, the automated systems. |
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2.2 How the state bodies regulators carry out cameral (permanent) and exit checks (inspection) on POD/FT? Specify frequency of checks. |
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2.3 Specify the number of the organizations which underwent inspection (check). |
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2.4 During what time information is stored following the results of performed? |
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2.5 What are revealed risks following the results of performed and what are developed measures for their elimination? |
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3. Administrative and criminal offenses | |
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3.1. What measures are applied to employees/management, violated the law on POD/FT? Specify all available violation cases. |
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3.2. Describe cases of dismissal of employees/management of the organization for the reason of non-compliance with the legislation on POD/FT? |
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3.3 Whether you consider the operating administrative responsibility, stipulated in Article 214 Codes "About administrative offenses" sufficient for control and further non-admission of offenses in the field of POD/FT? |
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3.4. Describe cases of issue of written instructions, obligatory for execution, in cases of violation of the law in the field of POD/FT? |
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3.5. Describe cases of pronouncement of written preventions in cases of violation of the law in the field of POD/FT? |
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3.6. Whether you consider the applied measures effective and sufficient? |
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3.7. Describe cases of suspension/revocation of license for violation of the law in the field of POD/FT by subjects of financial monitoring ***. |
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3.8. Whether there are facts of criminal prosecution of employees / management of SFM for violation of the law in the field of OD/FT? Describe all available cases. |
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4. Primary control *** | |
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4.1. How process of licensing of the subsupervising organization is performed? Describe procedures лицензирования*. |
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4.2. Provide statistics on the applied sanctions for the last year. |
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4.3. Give the number of the received and approved applications for licensing. |
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