I.O'S ORDER. MINISTER FOR CULTURE AND SPORTS OF THE REPUBLIC OF KAZAKHSTAN

of January 27, 2023 No. 25

About approval of Regulations of Admission, accounting and storage of information on the accepted rates on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them, and also transfers to her other persons

According to subitem 17-3) of article 1 of the Law of the Republic of Kazakhstan "About gaming" I ORDER:

1. Approve the enclosed Regulations of Admission, accounting and storage of information on the accepted rates on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them, and also transfers to her other persons.

2. To provide to committee of the industry of tourism of the Ministry of Culture and sport of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within three working days after enforcement of this order placement it on Internet resource of the Ministry of Culture and sport of the Republic of Kazakhstan;

3) within three working days after execution of the actions provided by this Item, submission to Department of legal service of the Ministry of Culture and sport of the Republic of Kazakhstan of data on execution of actions.

3. To impose control of execution of this joint order on the supervising vice-Minister for Culture and Sports of the Republic of Kazakhstan.

4. This order becomes effective after sixty calendar days after day of its first official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Financial monitoring agency of the Republic of Kazakhstan

 

Approved by the Order of the deputy. The Minister for Culture and Sports of the Republic of Kazakhstan of January 27, 2023 No. 25

Regulations of Admission, accounting and storage of information on the accepted rates on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them, and also transfers to her other persons

Chapter 1. General provisions

1. These rules of acceptance, accounting and storage of information on the accepted rates on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them, and also transfers to her other persons (further – Rules) are developed according to subitem 17-3) of article 1 of the Law of the Republic of Kazakhstan "About gaming" and determine procedure for acceptance, accounting and storage of information on the accepted rates on bet (including electronic) by each participant of bet, coefficients on bet outcome options, prizes and payments for them, and also transfers to her other persons.

2. In these rules the following concepts are used:

1) the hardware and software – set of the program and technical means providing information processes;

2) bet – the agreement based on risk signed by participants among themselves or with the organizer of gaming for the event outcome assuming prize in which they do not take part;

3) the participant of gambling and (or) bet – the physical person who is taking part in gambling and (or) bet;

4) bookmaker office – the organizer of gaming concluding bet with participants;

5) electronic money – the unconditional and irrevocable monetary commitments of the issuer of electronic money which are stored electronically and accepted as instrument of payment in electronic payment system by other participants of system;

6) authorized body on financial monitoring – the state body performing financial monitoring and taking other measures for counteraction of legalization (washing) of income gained in the criminal way, to terrorism financing, financing of distribution of weapons of mass destruction according to the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing";

7) rate – amount of money, the transferred participant of gambling and (or) bet to the organizer of gaming and being main condition of participation in gambling and (or) bet according to the rules established by the organizer of gaming;

8) the center of accounting of rates – set of the software and the technical means connected by means of communication networks to the hardware and software of bookmaker office or totalizator and providing acceptance (implementation) of cash and cashless payments including with use of electronic money, acceptance, accounting and storage of information on the accepted rates on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them;

9) the organizer of gaming – the legal entity performing the organization and carrying out gamblings and (or) bet according to the requirements established by the legislation of the Republic of Kazakhstan;

10) authorized body in the field of gaming (further – authorized body) – the state body determined by the Government of the Republic of Kazakhstan, enabling the realization of state policy and control in the field of gaming;

11) totalizator – the organizer of gaming rendering intermediary services when betting between his participants;

12) prize – the property benefit which is subject to obligatory payment to the participant of gambling and (or) bet in case of approach of result of gambling and (or) the bet provided by the rules established by the organizer of gaming.

3. These rules extend to the organizers of gaming performing the following types of activity in the field of gaming:

1) bookmaker office;

2) totalizator.

4. Maintaining the center of accounting of rates is performed by authorized body.

Chapter 2. Procedure for acceptance, accounting and storage of information on the rates accepted by bookmaker offices and totalizators on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them

5. For implementation by the center of accounting of rates of acceptance, accounting and storage of information on the rates accepted by bookmaker offices and totalizators on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them bookmaker offices and totalizators connect the hardware and software to the center of accounting of rates.

The technical requirements necessary for connection of the hardware and software of bookmaker offices and totalizators to the center of accounting of rates are placed on Internet resource of authorized body.

6. Bookmaker offices and totalizators for connection of the hardware and software to the center of accounting of rates send the written request to authorized body with indication of the technical characteristics of the hardware and software necessary for connection.

7. The authorized body based on request of bookmaker office or totalizator within 5 (five) working days opens continuous access to the center of accounting of rates.

The fact of successful connection of the center of accounting of rates to the hardware and software of the organizer of bet is confirmed by the relevant act of authorized body.

8. Acceptance of information on the rates accepted by bookmaker offices and totalizators on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them of bookmaker offices and totalizators by the center of accounting of rates is performed by authorized body in the online mode on networks of telecommunications public using the closed protocol.

Access to the center of accounting of rates stops in the following cases:

1) termination or suspension of action of the license for occupation activities of bookmaker office or totalizator;

2) the direction person to whom access, the statement (address) for refusal of such access was earlier provided.

9. Bookmaker offices and totalizators by means of the hardware and software connected by means of communication networks to the center of accounting of rates:

1) keep in the online mode account of all accepted rates on each participant of bet with indication of rate payment method (cash or non-cash method, including with use of electronic money);

2) are determined (depending on outcome of events on which such rates are accepted, coefficients on bet outcome options) participants of bet to whom is subject to pay certain amounts of prizes;

3) are recorded the amounts of the prizes which are subject to payment and paid on each participant of bet to whom the prize with indication of data of individual identification number, details of identity documents, accrual date and payments of prize is charged and paid.

10. The hardware and software of bookmaker offices and totalizators by means of the communication networks connected to them provide in the online mode transfer to the center of accounting of rates of data on the accepted rates on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them, including:

on participants of bet – surname, name, middle name (in case of its availability), individual identification number (except as specified when individual identification number according to the legislation of the Republic of Kazakhstan is not assigned to physical person), acceptance date and the amount of rate, the amount and date of prize, the amount and payment date of prize, cash equivalent of prize, fiscal data according to the subitem 14) article 165 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code);

on organizers of gaming – the name of the legal entity, business and identification number, legal address, taxation object type, type of cash desk (land/electronic), the location of the cash desk which accepted rate.

11. Accounting of information is performed by authorized body for the purpose of transfer to the state body performing management in the field of ensuring receipts of taxes and payments in the budget, and authorized body for financial monitoring in the online mode on networks of telecommunications public using the closed protocol, and also forming of statistical and analytical information on activities of bookmaker offices and totalizators.

12. Storage of information in the center of accounting of rates includes the actions connected with its protection against loss, plunder, misstatement, counterfeit, unauthorized access and actions for its distribution, blocking, destruction, modification, copying and other illegal actions including:

1) application of complex of program technical means and the organizational measures supporting them on all technological processing stages of information and in all modes of functioning, including when carrying out repair and scheduled works;

2) differentiation of access rights of staff of authorized body and representatives of bookmaker offices and totalizators to information which is stored in the center of accounting of rates;

3) to removal of personal data of participants of bet after the storage duration of such data constituting five years for all information arriving in the center of accounting of rates;

4) use of package of measures for safety of the software including:

separation of appendices into logical groups and the room of each group in the allocated virtual computer;

isolation of external network traffic from internal network traffic;

reservation of each program component of the center of accounting of rates for the scheme in case of which the active equipment is reserved by one additional component;

exception of direct access to servers of any specialists, except system and network engineers;

5) use of the package of measures providing integrity of the center of accounting of rates namely:

configuration of access rights to the center of accounting of rates which does not allow to modify, delete or update information initially;

system of engineering supervision which fixes all transactions made on the server hardware;

reservation of the data which are stored in the center of accounting of rates on the scheme in case of which all copies of data are active and reservation is reached by redundancy, in case of failure of the virtual computer or the physical server, data will be recovered within 12 hours.

13. The authorized body in case of acceptance, accounting, storage and information transfer by means of the center of accounting of rates provides observance of requirements of the legislation of the Republic of Kazakhstan for protection and non-proliferation of personal data, to nondisclosure of the commercial, tax and protected by the laws other Republic of Kazakhstan of secret, including:

1) non-admission of distribution of personal data of participants of bet;

2) prevention of unauthorized access to personal data of participants of bet;

3) timely detection of the facts of unauthorized access to personal data if such unauthorized access did not manage to be prevented;

4) in case of detection of the facts of unauthorized access to personal data, the immediate appeal to law enforcement agencies, for the purpose of involvement of perpetrators to the responsibility established by the legislation of the Republic of Kazakhstan.

Chapter 3. Procedure for information transfer about the accepted rates on bet (including electronic) on each participant of bet, coefficients on bet outcome options, prizes and payments for them

14. The center of accounting of rates provides information transfer, specified in Item 10 of these rules, in the online mode by means of communication networks in the corresponding information systems of the state body performing management in the field of ensuring receipts of taxes and payments in the budget and authorized body on financial monitoring.

15. Fixing of all parameters in the course of reception-transmission of information in the center of accounting of rates is made on time of the city of Astana.

16. Information specified in Item 10 of these rules is provided by authorized body by official requests of the bodies performing operational search activities according to article 6 of the Law of the Republic of Kazakhstan "About operational search activities".

17. The center of accounting of rates provides functionality on visualization of the data arriving in the center of accounting of rates with possibility of forming and viewing of different reports, with the organization of access to this functionality in the form of workplace of the employee of authorized body, and also the state body performing management in the field of ensuring receipts of taxes and payments in the budget.

 

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