PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of March 2, 2024 No. 492

About modification and amendments in the Presidential decree of the Republic of Kazakhstan of November 11, 2019 No. 203 "About further enhancement of system of public administration of the Republic of Kazakhstan"

I DECIDE:

1. Bring in the Presidential decree of the Republic of Kazakhstan of November 11, 2019 No. 203 "About further enhancement of system of public administration of the Republic of Kazakhstan" the following changes and amendments:

in Regulations on the Agency of the Republic of Kazakhstan on regulation and development of the financial market approved by the above-named Decree:

in Item 14:

1) to state the subitem in the following edition:

"1) implementation according to the Law and other laws of the Republic of Kazakhstan within the competence of state regulation, control and supervision of the financial market and the financial organizations (except for the legal entities performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency and legal entities whose exclusive activities is collection of banknotes, coins and values), their branches and affiliates, branches of nonresident banks of the Republic of Kazakhstan, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan, branches of insurance nonresident brokers of the Republic of Kazakhstan, Development bank of Kazakhstan, Export credit agency of Kazakhstan, the legal entities performing activities in the security market, other subjects of the security market, issuers of securities, credit bureaus bank holdings, banking conglomerates, large members of banks, insurance holdings, insurance groups, large members of the insurance (reinsurance) organizations, the actuaries having the license for implementation of actuarial activities in the insurance market, special finance companies, Islamic special finance companies, investment funds, large members of managing directors of investment portfolio, persons, having signs of the large member of bank, insurance (reinsurance) organization, the managing director of investment portfolio, bank holding, insurance holding, the professional organizations, the collection agencies, temporary administrations (temporary administrators), liquidation commissions of banks, the insurance (reinsurance) organizations and liquidation commissions of branches of nonresident banks of the Republic of Kazakhstan;";

13) to state the subitem in the following edition:

"13) implementation within the competence of control and supervision of observance by the financial organizations, Export credit agency of Kazakhstan, branches of nonresident banks of the Republic of Kazakhstan, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan, branches of insurance nonresident brokers of the Republic of Kazakhstan, the National operator of mail of requirements of the legislation of the Republic of Kazakhstan on counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing;";

add with subitems 82-1), 82-2), 82-3) and 82-4) of the following content:

"82-1) approval of the standard agreement of compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it;

82-2) determination of procedure of payments of insurance premium under the agreement of pre-retirement annuity insurance;

82-3) establishment of requirements to the agreement of pre-retirement annuity insurance and the admissible expense level of the insurer on conducting case on the signed agreements of pre-retirement annuity insurance;

82-4) determination of procedure, suspensions, renewals and the terminations of insurance payments for the agreement of pre-retirement annuity insurance in coordination with authorized state body on work;";

103) and 179) to exclude subitems;

205) and 206) to state subitems in the following edition:

"205) establishment of requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction for the banks, branches of nonresident banks of the Republic of Kazakhstan, the organizations performing separate types of banking activities, stock exchange, insurance (reinsurance) organizations, insurance brokers, societies of mutual insurance, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan, branches of insurance nonresident brokers of the Republic of Kazakhstan, Export credit agency of Kazakhstan, the single accumulation pension fund and Voluntary accumulation pension funds, professional participants of the security market, central depositary, the organizations performing microfinancial activities;

206) establishment of requirements to proper check of clients in case of remote establishment of business relations by banks, branches of nonresident banks of the Republic of Kazakhstan, the organizations performing separate types of banking activities, the stock exchange, the insurance (reinsurance) organizations, insurance brokers, societies of mutual insurance, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan, branches of insurance nonresident brokers of the Republic of Kazakhstan, Export credit agency of Kazakhstan, the single accumulation pension fund and the Voluntary accumulation pension funds, professional participants of the security market, the central depositary, the organizations performing microfinancial activities;";

add with subitems 207-1) and 207-2) of the following content:

"207-1) approval of conditions of implementation of the separate types of activity of Export credit agency of Kazakhstan developed and approved by authorized body in the field of regulation of trading activity;

207-2) approval of rules of forming of risk management system and internal control, and also forming of reserves and carrying out by them the actuarial calculations for Export credit agency of Kazakhstan developed and approved by authorized body in the field of regulation of trading activity;".

2. This Decree becomes effective after ten calendar days after day of its first official publication, except for paragraphs of the fourth, fifth, sixth, seventh, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth Item 1 of this Decree which become effective since March 25, 2024.

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