RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2023 No. 8

About introduction of amendments to resolutions of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 294 "About approval of Rules of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan" and of April 10, 2019 No. 64 "About approval of Rules of monitoring of currency transactions 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 November 29, 2018 No. 294 "About approval of Rules of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 18214) the following changes:

state preamble in the following edition:

"According to subitem 59-1) 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 part three of Item 5 of article 10 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 monitoring of the sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan (further – Rules) are developed according to subitem 59-1) 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 part three of Item 5 of article 10 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" and determine procedure for monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan and uses of the secured foreign currency, and also form and terms of submission of reports for its implementation are more whole.";

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

2. 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:

state preamble in the following edition:

"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:";

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

state Items 1 and 2 in the following edition:

"1. Rules of monitoring of currency transactions in the Republic of Kazakhstan (further – Rules) are developed 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" (further – the Law on currency control and currency exchange control) and determine procedure of monitoring of currency transactions in the Republic of Kazakhstan.

2. The concepts and terms used in Rules are applied in the values specified in the Law of the Republic of Kazakhstan "About the electronic document and the digital signature" and in the Law on currency control and currency exchange control.

For the purposes of Rules also following concepts are used:

1) securities of nonresident issuers – the financial instruments recognized by securities according to the legislation of the Republic of Kazakhstan and (or) the country of the issuer including depositary receipts which underlying asset are securities of nonresident issuers;

2) the register of accounting numbers – the list of the existing accounting numbers assigned by National Bank of the Republic of Kazakhstan (further – National Bank) to currency agreements, on the basis and (or) in pursuance of which capital movement operations are performed (further – currency agreements on capital movement), and to foreign bank accounts, and also the existing numbers of registration certificates, certificates on the notification;

3) investment object – the legal entity, mutual investment fund, shares, shares which shares are acquired (are acquired), and also the legal entity, particular partnership, consortium in which property are brought (are brought) property fees. In case of carrying out transactions with depositary receipts investment object is the issuer of the security which is their underlying asset;

4) the investor – the physical person or legal entity to which passes (passed) the property right to investment object;

5) the program of options for securities of nonresident issuers for workers – the program according to which the worker of legal resident person acquires the stipulated number of securities of the nonresident issuers who are investors of this legal entity and (or) investors of investors of this legal entity;

6) own transactions – the transactions of the resident which is the party of the currency agreement, performed on its own behalf;

7) securities of resident issuers – the financial instruments recognized by securities according to the legislation of the Republic of Kazakhstan including depositary receipts which underlying asset are securities of resident issuers;

8) the registration certificate – the document issued by National Bank in case of registration of the currency agreement before enforcement of Rules and not invalid;

9) the certificate on the notification – the document issued by National Bank on the currency agreement or the foreign bank account before enforcement Governed also not invalid.";

state Item 32 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 8 (eighth) (inclusive) the month following the accounting period submits in central office of National Bank the report on attraction conditions in the accounting period 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.";

state Item 36 in the following edition:

"36. For assignment of accounting number to the currency contract on capital movement or the foreign bank account of branch (representation) of legal resident person with the location of the Republic of Kazakhstan legal resident person circulates outside. In the statement on assignment of accounting number to the currency agreement, on the basis and (or) in pursuance of which capital movement operations are performed or in form according to appendix 1 to Rules legal resident person with mark about implementation of currency transaction or opening of the foreign bank account by this branch (representation) of legal resident person is specified to the foreign bank account. Submission of data, reports and documents is performed by legal resident person.";

state Item 42 in the following edition:

"42. When opening the foreign bank account in the escrow account mode the legal entity - the resident addressed to whom the account is opened addresses for assignment of accounting number. Also person which opened the foreign bank account is specified in the statement for assignment of accounting number to the foreign bank account in form according to appendix 1 to Rules.";

3, of 4, of 5, of 6, of 7, 8 and 9 to state appendices in edition according to appendices 7, of 8, of 9, of 10, of 11, 12 and 13 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.

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

5. This resolution becomes effective after ten calendar days after day of its first official publication.

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 Finance of the Republic of Kazakhstan

It is approved Ministry of Foreign Affairs of the Republic of Kazakhstan

 

Appendix 1

to the Resolution of the Chairman of National Bank of Kazakhstan of February 27, 2023 No. 8

Appendix 1

to Rules of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan

The form intended for collection of administrative data

It is represented: in National Bank of the Republic of Kazakhstan

The form of administrative data is placed on Internet resource: www.nationalbank.kz

The summary report on movement of money in foreign currency according to bank accounts of clients and transfers without opening and (or) use of the bank account

Index of form of administrative data: 1-INV

Frequency: monthly

Accounting period: on "____" __________ 20 ____ years

The group of people, providing information: banks of the second level, Development Bank of Kazakhstan joint-stock company, Kazpochta joint-stock company

Representation term: monthly to the 15th (inclusive) the month following reporting

Form

in thousands of tenges

№	Name of indicator	Code of line	In total	residents		nonresidents
				including on transactions: with		including on transactions: with
				residents	nonresidents	residents	nonresidents
And	B	In	1	2	3	4	5
Section 1. Receipt of foreign currency for benefit of clients
1	In total	10000
2	including:
3	payments and money transfers of counterpartners on bank accounts:	11000
4	physical persons	11100
5	legal entities	11200
6	including on transactions:
7	sales of goods and intangible assets	11210
8	provision of services	11220
9	receipt of the main amount of debt and the income on the issued loans	11230
10	attraction of loans	11240
11	transactions with securities, bills and the fees providing equity participation:	11250
12	other money transfers	11260
13	transfers without opening and (or) uses of the bank account	12000
14	transfers by clients of money from the bank accounts	13000			X	X
15	from them opened in:
16	resident banks	13001			X	X
17	nonresident banks	13002			X	X
18	purchase of foreign currency for tenge	14000
19	including:
20	physical persons	14100
21	legal entities	14200
22	transfer of cash foreign currency on bank accounts	15000
23	from them:
24	physical persons	15100
25	legal entities	15200
Section 2. Removal and (or) transfer of foreign currency by clients
26	In total	20000
27	including:
28	payments and money transfers to counterpartners from bank accounts:	21000
29	physical persons	21100
30	legal entities	21200
31	including on transactions:
32	purchase of goods and intangible assets	21210
33	receipt of services	21220
34	issue of loans	21230
35	accomplishment of obligations on loans	21240
36	transactions with securities, bills and the fees providing equity participation:	21250
37	other money transfers	21260
38	transfers without opening and (or) uses of the bank account	22000
39	transfers by clients of money for the bank accounts	23000			X	X
40	from them opened in:
41	resident banks	23001			X	X
42	nonresident banks	23002			X	X
43	sale of foreign currency for tenge	24000
44	including:
45	physical persons	24100
46	legal entities	24200
47	removal of cash foreign currency from the bank accounts	25000
48	from them:
49	physical persons	25100
50	legal entities	25200

Name ___________________ Address _______________________

________________________ phone

E-mail address ________________________________________________

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