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THE JOINT ORDER OF I.O. OF THE MINISTER OF TOURISM AND SPORT OF THE REPUBLIC OF KAZAKHSTAN AND THE DEPUTY PRIME MINISTER - THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of October 23, 2024 No. 188, on October 24, 2024 No. 95

About introduction of amendments to the joint order of the Minister for Culture and Sports of the Republic of Kazakhstan of August 8, 2016 No. 227 and the Minister of national economy of the Republic of Kazakhstan of August 17, 2016 No. 373 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about gaming"

WE ORDER:

1. Bring in the joint order of the Minister for Culture and Sports of the Republic of Kazakhstan of August 8, 2016 No. 227 and the Minister of national economy of the Republic of Kazakhstan of August 17, 2016 No. 373 "About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about gaming" (it is registered in the Register of state registration of regulatory legal acts No. 14313) the following changes:

appendices 1, of 2, 3 and 4 to Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about gaming, approved by the specified joint order to be reworded as follows according to appendices 1, of 2, 3 and 4 to this joint order;

2, of 3, of 4, 5 and 6 to the specified joint order to be reworded as follows appendices according to appendices 5, of 6, of 7, 8 and 9 to this joint order.

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

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

2) within three working days after enforcement of this joint order placement it on Internet resource of the Ministry of tourism 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 tourism 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 deputy minister of tourism and sport of the Republic of Kazakhstan.

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

The deputy prime minister is the Minister of national economy of the Republic of Kazakhstan

 

__________ N. Baybazarov

Acting minister of tourism and sport of the Republic of Kazakhstan

 

 

__________ S. Zharasbayev

It is approved

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

Appendix 1

to the joint Order of the Acting Minister of tourism and sport of the Republic of Kazakhstan and the Deputy prime minister - the Minister of national economy of the Republic of Kazakhstan of October 23, 2024 No. 188, on October 24, 2024 No. 95

Appendix 1

to Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about gaming

Extents of violations of the requirements to subjects (objects) of control in the field of gaming performing activities of casino and slot machine halls for carrying out preventive control with visit

№ of payment order

Criteria

Extent of violations

1

Absence in the form provided to the reporting of the organizer of gaming, data on technical condition of the video writing down systems (cash desks and game places of gambling institutions shall be equipped with the video writing down systems providing storage of the written-down information at least seven days and fixing actions of all participants of gambling)

considerable

2

Non-execution at the scheduled time of recommendations of elimination of the violations revealed by results of preventive control without visit of subject (object) of control

rough

For the subjects performing activities of casino

3

Non-compliance with requirements about representation in reporting data of the following information:

1) data on technical condition of the gambling equipment, gaming machines;

2) data on technical condition of the video writing down systems;

3) data on the established percent of the prize which is technologically pledged in the gaming machine;

4) data on change of quantity of game tables, replacement of the equipment specified in case of receipt of the license;

5) data on the list of cash desks and number of workers;

6) data on the amount of the required reserves which are actually placed in bank(s) as of day of provision of the reporting

considerable

4

Non-compliance with the requirement for installation in one casino at least thirty game tables

rough

5

Non-compliance with the requirement about prohibition of installation of gaming machines or their parts in walls, window and doorways in casino

rough

6

Non-compliance with the requirement concerning the established percent of the prize which is technologically pledged in the gaming machine is not lower than ninety five percent

rough

7

Non-compliance with the requirement for the equipment of cash desks and game places of gambling institutions the video writing down systems providing storage of the written-down information at least seven days and fixing actions of all participants of gambling

rough

8

Non-compliance with requirements for counteraction of legalization (washing) with income gained in the criminal way and to terrorism financing, namely:

1) implementation of proper check of the clients (their representatives) and beneficial owners in case of implementation of the transactions with money and (or) other property which are subject to financial monitoring including suspicious transactions;

2) when conducting proper check of the clients (their representatives) and beneficial owners implementation of the following measures: fixation of the data necessary for identification of physical person: data of the document proving his identity, individual identification number (except as specified when individual identification number is not assigned to physical person), and also legal address; check of reliability and updating of information about the client (his representative) and beneficial owner;

3) implementation of proper check of the clients (their representatives) and beneficial owners according to rules of internal control

rough

9

Non-compliance with prohibition on participation in gamblings of physical persons aged up to twenty one years, and also persons limited in participation in gamblings and (or) bet

rough

10

Non-compliance with measures for counteraction of legalization (washing) with income gained in the criminal way and to financing of terrorism regarding fixation of data, storage of data and documents, protection of documents

insignificant

11

Failure to provide (no later than the working day following behind day of making) in authorized body on financial monitoring of information on the transactions with money and (or) property which are subject to financial monitoring (transaction which is equal or exceeds the threshold amount)

considerable

12

Failure to provide in authorized body on financial monitoring of information on the transactions of the client having the characteristics corresponding to tipologiya, schemes and methods of legalization (washing) of the criminal income and financings of terrorism

rough

13

Failure to provide in authorized body on financial monitoring of information on suspicious transactions (in case of recognition of transaction as suspicious to report without delay in authorized body on financial monitoring about such transaction before its carrying out)

rough

14

Failure to provide in authorized body on financial monitoring of information on suspicious transactions (which were not acknowledged suspicious before their carrying out, are represented no later than twenty four hours after recognition of transaction of the subject of control, suspicious according to rules of internal control)

rough

15

Lack of rules of internal control for the purpose of prevention of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction

rough

16

Absence in rules of internal control of the following programs:

the program of the organization of internal control, including the requirement about appointment of person responsible for realization and observance of rules of internal control, from among leading employees of the subject of financial monitoring or other heads of the subject of financial monitoring is not lower than the level of head of the relevant structural division, and also other requirements imposed to the workers of subjects of financial monitoring responsible for realization and observance of rules of internal control including about availability of faultless goodwill; the management program risks considering risks of clients and risks of use of services in criminal objectives including risk of use of technological achievements;

program of identification of clients; the program of monitoring and studying of transactions of clients, including studying of difficult, unusually large transactions of clients

rough

17

Lack of the program of preparation and training in the field 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

insignificant

18

Non-execution of obligation on refusal to the client in establishment of business relations and carrying out transactions with money and (or) property and (or) to failure to provide in authorized body on financial monitoring of information on refusals in establishment of business relations and carrying out transactions with money and (or) property

considerable

19

Availability of the facts of rejection of measures for freezing of transactions with money and (or) property and (or) failure to provide in authorized body on financial monitoring of information on measures for freezing of transactions with money and (or) property

rough

20

Lack of the warning of risks and harm of participation in the gamblings and (or) bet containing expected negative effects

insignificant

21

Non-compliance with prohibition on participation in gamblings of persons having unexecuted obligations according to executive documents on the property penalties included the authorized body enabling the realization of state policy and state regulation of activities in the field of ensuring execution of executive documents in the Unified register of debtors

rough

22

Discrepancy of rules of work of gambling institution, acceptance of rates and the held gamblings to standard rules of work of gambling institution, bookmaker office or totalizator, acceptance of rates and the held gamblings and (or) bets approved by authorized body

rough

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