THE RESOLUTION OF BOARD OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET

of December 31, 2024 No. 96

About modification of some regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations

Board of the Agency of the Republic of Kazakhstan on regulation and development of the DECIDES: financial market

1. Approve the List of regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations to which changes are made, according to appendix to this resolution (further - the List).

2. To provide to department of methodology and prudential regulation of the financial organizations in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department 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 the Agency of the Republic of Kazakhstan on regulation and development of the financial market 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.

3. To impose control of execution of this resolution on the supervising vice-chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market.

4. This resolution becomes effective after ten calendar days after day of its first official publication, except for paragraphs of the twelfth, thirteenth, fourteenth and fifteenth Item 1 of the List which become effective since April 1, 2025.

It is approved Financial monitoring agency of the Republic of Kazakhstan

Appendix

to the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of December 31, 2024 No. 96

The list of regulatory legal acts of the Republic of Kazakhstan concerning regulation of activities of the financial organizations to which changes are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of November 12, 2019 No. 188 "About approval of Rules of forming of risk management system and internal control for banks of the second level, branches of nonresident banks of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 19632) the following changes:

in Rules of forming of risk management system and internal control for banks of the second level, branches of the nonresident banks of the Republic of Kazakhstan approved by the specified resolution:

state Items 97 and 98 in the following edition:

"97. Policy and procedures of risk management of OD/FT include, but, without being limited, the following:

1) development and execution of the internal documents regulating procedure for risk management of OD/FT, implementation of financial monitoring and internal control for the purpose of counteraction of OD/FT;

2) OD/FT risks assessment method according to rules of bank of internal control for the purposes of counteraction of OD/FT;

3) internal procedure for the organization of risk management of bank by its structural divisions and (or) workers regarding OD/FT;

4) availability of the program of acceptance and customer service (customer acceptance policy);

5) the bank in case of development and implementation of procedures of decision making about acceptance of the client on servicing considers the risk factors including revealed and placed on Internet resource of authorized body.

Internal procedures and procedure for refusal of establishment and termination of business relations with the client are developed taking into account the risk factors placed on Internet resource of authorized body. Information on the refusal facts in establishment and the terminations of business relations goes to authorized body quarterly, no later than 5 (fifth) of the following behind reporting quarter;

6) availability of the automated information system and procedures which allow to reveal the transactions which are subject to financial monitoring and also allow to send timely the corresponding data and information to authorized body on financial monitoring.

The automated information system and procedures of bank specified in the subitem 6) to part one of this Item in addition provide identification of transactions, the having characteristics corresponding to the tipologiya, schemes and methods of legalization (washing) of the criminal income and financings of terrorism approved by the state body performing financial monitoring, connected with:

1) illegal production, turnover and (or) transit of drugs;

2) implementation of payments and money transfers for benefit of the exchanges of digital assets, not being members of the International financial center "Astana" whose list is created by authorized body;

3) implementation of payments and (or) money transfers for benefit of electronic casino and Internet casino.

98. The bank provides availability of internal control system which corresponds to the current market situation, strategy, amount of assets, level of complexity of transactions of bank. Internal control - the process which is built in the daily activities performed by authorized collegiate organs of bank, structural divisions and all employees of bank in case of execution of the obligations and directed is accomplishment following more whole:

1) ensuring efficiency of activities of bank, including effective management of bank risks, assets and liabilities, ensuring safety of assets;

2) ensuring completeness, reliability and timeliness of financial, regulatory and other reporting for internal and external users, and also information security;

3) ensuring compliance with requirements of the civil, tax, bank law of the Republic of Kazakhstan by bank, legislations of the Republic of Kazakhstan on state regulation, control and supervision of the financial market and the financial organizations, legislations of the Republic of Kazakhstan on currency control and currency exchange control, on payments and payment systems, on provision of pensions, on the security market, on financial accounting and the financial reporting, on credit bureaus and forming of credit stories, on collection activities, on obligatory guaranteeing deposits, on counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, about joint-stock companies, internal documents of bank;

4) non-admission of involvement of bank and its employees, clients of bank:

in implementation of unlawful activity, including fraud, deception, OD/FT, illegal production, turnover and (or) transit of drugs;

in implementation of the transactions connected with carrying out the transactions having high risk of OD/FT;

in implementation of the transactions connected with further acquisition of unsecured digital assets at the exchanges of digital assets not being members of the International financial center "Astana" whose list is created by authorized body;

in implementation of payments and (or) money transfers for benefit of electronic casino and Internet casino;

in implementation of payments and (or) money transfers by the physical persons which did not reach age of twenty one years for benefit of the organizer of gaming.

The bank performs OD/FT risk assessment in case of availability of suspicions that business relations are used by the client for the purpose of illegal production, turnover and (or) transit of drugs, and also concerning the clients who are:

1) holders more than five payment cards issued by one bank, except for additional payment cards, issued addressed to children and also credit cards on which transactions only on issue and repayment of bank loans are performed;

2) holders of the payment cards issued by three banks more than three payment cards each bank on one client (in the presence at bank of such data), except for the additional payment cards issued addressed to children and also credit cards on which transactions only on issue and repayment of bank loans are performed;

3) residents of the countries with high risk of OD/FT on the basis of factor of illegal production, turnover and (or) transit of drugs, except for the countries of the Eurasian Economic Union;

4) involved in implementation of payments and money transfers for benefit of the exchanges of digital assets, not being members of the International financial center "Astana" whose list is created by authorized body.

Concerning the clients specified in part two of this Item, the bank appropriates high risk level of OD/FT, applies the strengthened measures of proper check of such clients and answers for:

ensuring conducting check of source of origin of means of clients of bank;

taking measures, the income established by requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) gained in the criminal way and to terrorism financing, in case of identification of suspicious transactions;

implementation of monitoring and studying of transactions with money of clients of bank;

taking measures concerning nonresidents of the Republic of Kazakhstan to establishment of the purpose and nature of business relations by request of the documents confirming justification of stay in the Republic of Kazakhstan (the employment contract, the agreement of training, the residence permit of the foreigner in the Republic of Kazakhstan and other documents);

updating of information about the client (his representative) according to requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) of the income received in the criminal way and to terrorism financing;

the direction of information in authorized body on financial monitoring on clients of bank;

the termination of the business relations with clients of bank in cases established by requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.

The bank performs identification and blocking of payments and money transfers for benefit of the exchanges of digital assets, not being members of the International financial center "Astana" whose list is created by authorized body.

Concerning the member of the International financial center "Astana" rendering services in management of platform of digital assets, the bank performs OD/FT risk assessment. In case of assignment to the member of the International financial center "Astana" rendering services in management of platform of digital assets, high risk level of OD/FT bank applies the strengthened measures of proper check of clients, and also when carrying out banking activities answers for:

evaluating degree of exposure of the services (products) provided to the member of the International financial center "Astana" rendering services in management of platform of digital assets, risks of OD/FT;

holding procedures for proper check in case of establishment of business relations which include in addition to the measures for proper check provided for clients, in addition measures for obtaining and fixation of data on reputation and nature of activities of the member of the International financial center "Astana" rendering services in management of platform of digital assets, application of measures concerning it from Committee of the International financial center "Astana" on regulation of financial services;

the termination of business relations with the member of the International financial center "Astana" rendering services in management of platform of digital assets in cases, identifications by bank of the facts of use by the member of the International financial center "Astana" rendering services in management of platform of digital assets, the accounts which are in bank screen;

refusal in establishment or the termination of business relations with the member of the International financial center "Astana" rendering services in management of platform of digital assets whose founders are registered in the territory of foreign state:

included in the list of the states (territories) which are not implementing or not enough financial measures of anti-money laundering (FATF) implementing recommendations of Group of development, constituted by authorized body on financial monitoring;

to which the international sanctions according to resolutions of the Security Council of the United Nations are applied;

the Board of the Agency of the Republic of Kazakhstan included in the list of offshore zones according to the resolution on regulation and development of the financial market of February 24, 2020 No. 8 "About establishment of the List of offshore zones for the purposes of banking and insurance activity, activities of professional participants of the security market and other licensed types of activity in the security market, to the activities of joint-stock investment funds and the organization activity performing microfinancial activities" registered in the Register of state registration of regulatory legal acts at No. 20095;

determined by bank as OD/FT representing high risk on the basis of other factors (data on the level of corruption, illegal production, turnover and (or) transit of drugs, data on support of the international terrorism and another).

implementation of monitoring and studying of transactions with money of the member of the International financial center "Astana" rendering services in management of platform of digital assets, and also prevention of illegal withdrawal of funds abroad including in offshore zones;

taking measures, the income established by requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) gained in the criminal way and to terrorism financing, in case of identification of suspicious transactions with money and (or) other property (further - suspicious transactions);

the termination of business relations with the member of the International financial center "Astana" rendering services in management of platform of digital assets in the cases established by requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing;

ensuring conducting check of source of origin of means of the member of the International financial center "Astana" rendering services in management of platform of digital assets in case of replenishment of the bank account;

ensuring storage of record of transactions on transactions with money and provision of information in authorized body on financial monitoring;

ensuring storage at least five years of documents, supplied and (or) the information received and collected within proper check of the member of the International financial center "Astana" rendering services in management of platform of digital assets;

implementation of check of accessory and (or) participation of the member of the International financial center "Astana" rendering services in management of platform of digital assets, and his beneficial owner to the public official, his spouse (spouse) and close relatives in the cases established by requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

submission to authorized body on financial monitoring of necessary information in case of identification of suspicious transactions in the terms established by requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing.

Concerning the clients of bank performing transactions with the member of the International financial center "Astana" rendering services in management of platform of digital assets, the bank when carrying out one-time banking activities in the amount which is not exceeding 1 000 (one thousand) US dollars in equivalent at the market rate of currency exchange on date of banking activity applies the simplified measures of proper check of clients, except as specified making by clients of suspicious transactions.

Applies the strengthened measures of proper check of clients to the clients of bank performing transactions with the member of the International financial center "Astana" rendering services in management of platform of digital assets, bank when carrying out one-time banking activities in the amount equal or the banking activity exceeding 1 000 (one thousand) US dollars in equivalent at the market rate of currency exchange on date and answers for:

ensuring conducting check of source of origin of means of clients of bank when implementing transfer for benefit of the member of the International financial center "Astana" rendering services in management of platform of digital assets;

taking measures, the income established by requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) gained in the criminal way and to terrorism financing, in case of identification of suspicious transactions;

implementation of monitoring and studying of transactions with money of clients of bank, and also prevention of illegal withdrawal of funds abroad, including in offshore zones;

the termination of the business relations with clients of bank in cases established by requirements of the legislation of the Republic of Kazakhstan about counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.

When opening the bank account for servicing of transactions of clients the member of the International financial center "Astana" rendering services in management of platform of digital assets submits the following documents:

the license of the member of the International financial center "Astana" rendering services in management of platform of digital assets, for rendering financial service in management of platform of digital assets, issued by Committee of the International financial center "Astana" on regulation of financial services;

the statement from the register confirming registration as the member of the International financial center "Astana" rendering services in management of platform of digital assets;

the business plan and business model of the member of the International financial center "Astana" rendering services in management of platform of digital assets;

policy on counteraction of OD/FT of the member of the International financial center "Astana" rendering services in management of platform of digital assets;

the order on appointment of the participant manager of the International financial center "Astana" rendering services in management of platform of digital assets;

information on executive body of the member of the International financial center "Astana" rendering services in management of platform of digital assets and his head (the document proving his identity, confirmation of data on the residence, letters of recommendation, data on lack of not removed or unspent conviction).

Effective internal control is provided by forming of proper managerial supervision and culture of control (the control circle).

Managerial supervision and culture of control (the control circle) characterize the general relation, awareness and practical actions of the board of directors of bank and bank board directed to creation and effective functioning of internal control system.".

2. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of March 22, 2020 No. 18 "About approval 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 banks of the second level, branches of nonresident banks of the Republic of Kazakhstan and the National operator of mail" (it is registered in the Register of state registration of regulatory legal acts at No. 20160) the following changes:

in 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 of the second level, branches of nonresident banks of the Republic of Kazakhstan and the National operator of mail approved by the specified resolution:

state Item 15 in the following edition:

"15. Types of clients, whose status and (or) whose activities increase risk of OD/FT, include, but are not limited:

1) public officials, their spouses and close relatives;

2) foreign financial organizations;

3) legal entities and individual entrepreneurs whose activities are connected with intensive cash turnover, including:

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;

legal entities whose exclusive activities is collection of banknotes, coins and values based on the license of National Bank of the Republic of Kazakhstan (except for the affiliated organizations of banks which observe the requirements for POD/FT established by bank);

the organizations performing microfinancial activities;

agents (attorneys) of service providers (except financial) performing acceptance from consumers of cash including via electronic terminals;

organizers of gaming, and also persons providing services or the gaining income from activities of online casino outside the Republic of Kazakhstan;

persons providing tourist services, and also the services connected with intensive cash turnover;

4) lawyers and other independent legal issues specialists in cases when they from name or at the request of the client participate in transactions with money and (or) property concerning the activities specified in the subitem 7) of Item 1 of article 3 of the Law on POD/FT, professional participants of the security market (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

5) the insurance (reinsurance) organizations, insurance brokers performing activities for industry "life insurance" (except for the affiliated organizations of bank which observe the requirements for POD/FT established by bank);

6) persons providing services in financial leasing (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

7) persons performing activities as insurance agents;

8) persons performing intermediary activities for purchase and sale of the real estate;

9) persons whose activities are connected with production and (or) arms trade, explosives;

10) persons whose activities are connected with production and (or) processing, and also purchase and sale, precious metals, gemstones or products from them;

11) non-profit organizations in form of business of funds, religious associations;

12) persons located (registered) in the foreign states specified in Item 17 of Requirements and also the branches located in the Republic of Kazakhstan and representations of such persons;

13) the client concerning whom there are reasons for doubt in reliability of the obtained data;

14) the client makes the actions directed to evasion from the procedures of proper check of the client provided by the Law on POD/FT;

15) persons performing release and the address of secure digital assets;

16) persons performing release and turnover of unsecured digital assets in the territory of the International financial center "Astana";

17) the clients who are holders more than five payment cards issued by one bank, except for additional payment cards issued addressed to children and also credit cards on which transactions only on issue and repayment of bank loans are performed or being holders of the payment cards issued by three banks more than three payment cards each bank on one client (in the presence at bank of such data), except for the additional payment cards issued addressed to children and also credit cards on which transactions only on issue and repayment of bank loans are performed;

18) the clients who made within the last 6 (six) months three and more payments for benefit of the organizer of gaming for the total amount more than 300 000 (three hundred thousand) tenges.";

state Item 22 in the following edition:

"22. The program of identification of the client, his representative and beneficial owner includes, but is not limited:

1) procedure for acceptance of clients on servicing, including the procedure, the bases and terms of adoption by bank of the decision on refusal in establishment of business relations and (or) in carrying out transaction, and also the termination of business relations;

2) procedure for identification of the client (his representative) and the beneficial owner, including feature of procedures of application of the simplified and strengthened measures of proper check of the client;

3) features of carrying out identification in case of establishment of correspondence relations with the foreign financial organizations;

4) the description of the measures directed to identification by bank among clients (their representatives) and beneficial owners who are on servicing or accepted on servicing of public officials, their spouses and close relatives;

5) procedure for application of target financial sanctions, checks of the client (his representative) and the beneficial owner on availability in lists of the organizations and faces tied with financing of terrorism and extremism, financing of distribution of weapons of mass destruction constituted according to Articles 12 (further - the List) and 12-1 (further - the List of FROMU) the Law on POD/FT;

6) procedure for cancellation of target financial sanctions in case of exception of information about the client (his representative) and the beneficial owner from the List and the List of FROMU;

7) features of identification in case of remote establishment of business relations (without personal presence of the client or his representative);

8) features of exchange of the data received in the course of identification of the client (his representative) and the beneficial owner, and also storage and ensuring confidentiality of such data, within fulfillment of requirements on POD/FT, established by banking conglomerate which includes bank (in the presence);

9) features of identification of clients by receipt of data from other financial organizations, including identification of physical persons and legal entities, in advantage or on behalf of which the broker (dealer) makes transactions according to the bank account;

10) procedure for test of reliability of information about the client (his representative) and beneficial owner;

11) requirements to form, content and procedure for maintaining the file of the client, updating of the data containing in the file with indication of frequency of updating of data;

12) evaluation procedure of risk level of the client, basis of assessment of such risk;

13) procedure for obtaining and representation by bank inquiry of information about beneficial owners of clients in form and procedure, certain authorized body on financial monitoring according to parts three and the fourth Item 5 of article 5 of the Law on POD/FT;

14) procedure for test of the client (his representative) and the beneficial owner on belonging to foreign organizers of gaming whose activities are acknowledged illegal in the territory of the Republic of Kazakhstan based on court resolution (further - foreign organizers of gaming), refusal in carrying out payments and (or) money transfers for benefit of foreign organizers of gaming, and also the termination of business relations with the client who is the foreign organizer of gaming.

The documents submitted by the client (his representative) for the purpose of confirmation of information about the client (his representative) and the beneficial owner are checked for their reality.

Concerning the representative of the client powers of such person are in addition checked to act on behalf and (or) for the benefit of the client.

Concerning the client with whom the bank established business relations by means of the representative of the client acting on behalf of the client based on the issued power of attorney, bank before carrying out account or receipt transactions biometric identification of the client is in addition carried out.

Remote establishment of business relations with the clients who are residents of the countries with high risk of OD/FT on the basis of factor of illegal production, turnover and (or) transit of drugs, except for the countries of the Eurasian Economic Union, prolongation of such business relations, and also release and rerelease (without personal presence of the client) more than one payment card to specified persons is not allowed.

Effective period of the payment cards issued to the clients who are nonresidents of the Republic of Kazakhstan does not exceed 12 (twelve) calendar months, except for the payment cards issued on subjects of entrepreneurship, diplomatic workers and investors.

The bank checks documents of the clients who are nonresidents of the Republic of Kazakhstan - holders of the payment cards issued by this bank, and (or) residents of the countries with high risk of OD/FT on the basis of factor of illegal production, turnover and (or) transit of drugs, except for the countries of the Eurasian Economic Union, the stays confirming justification in the Republic of Kazakhstan (the employment contract, the agreement of training, the residence permit of the foreigner in the Republic of Kazakhstan and other documents);

If the bank according to the Law on POD/FT based on the agreement charged to the other person application concerning clients of bank of the measures provided by subitems 1), 2), 2-1), 2-2) and 4) of Item 3 of article 5 of the Law on POD/FT, the bank develops rules of interaction with such persons who include:

the procedure of the conclusion bank of contracts with persons to whom carrying out identification is entrusted, and also the list of officials of bank, representatives to sign such agreements;

the procedure of identification of the client (his representative) and the beneficial owner according to contracts between bank and persons to whom carrying out identification is entrusted;

the procedure and terms of transfer to bank of the data received when carrying out identification, persons to whom carrying out identification is entrusted;

the procedure of implementation by bank of control of observance by persons to whom carrying out identification, requirements for identification, including the procedure, terms and completeness of transfer to bank of the received data, and also the measures taken by bank on elimination of the revealed violations is entrusted;

the bases, the procedure and terms of adoption by bank of the decision on unilateral refusal of agreement performance with persons to whom carrying out identification, in case of non-compliance by them with requirements for identification, including procedures, terms and completeness of transfer to bank of the received data is entrusted;

the list of officials of bank, representatives to make the decision on unilateral refusal of agreement performance with persons to whom carrying out identification is entrusted;

regulations on responsibility of persons to whom the bank charged carrying out identification, for non-compliance by them with requirements for identification, including the procedure, terms and completeness of transfer to bank of the received data;

the procedure of interaction of bank with persons to whom carrying out identification, concerning rendering the methodological help to them for the purpose of fulfillment of requirements on identification is entrusted.

Inclusion of additional terms by bank in rules of interaction is allowed.

The bank which charged application of measures of proper check of clients (their representatives) based on the agreement of the foreign financial organization and the beneficial owners provided by subitems 1), 2), 2-1), 2-2) and 4) of Item 3 of article 5 of the Law on POD/FT considers possible risks of OD/FT.";

state Item 27 in the following edition:

"27. Frequency of updating and (or) need of receipt of additional information about the client (his representative) and the beneficial owner are established taking into account risk level of the client (customer group) and (or) degree of exposure of services (products) of bank which the client, to risks of OD/FT uses.

Updating of information about the client (his representative) and the beneficial owner with high risk level is performed at least once a year.

Updating of information about the client (his representative), more than five payment cards issued by one bank, except for additional payment cards, issued addressed to children which is the holder and also credit cards on which transactions only on issue and repayment of bank loans are performed or being holders of the payment cards issued by three banks more than three payment cards each bank on one client (in the presence at bank of such data), except for the additional payment cards issued addressed to children and also credit cards on which transactions only on issue and repayment of bank loans are performed is performed at least once a quarter.

Updating of information about the client (his representative) concerning which reasons to believe are had that its activities are connected with financing by illegal production, turnover and (or) transit of drugs is performed at least once in half a year.".

3. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 12, 2020 No. 95 "About approval 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 single accumulation pension fund and the Voluntary accumulation pension funds" (the following change is registered in the Register of state registration of regulatory legal acts at No. 21434):

in 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 single accumulation pension fund and the Voluntary accumulation pension funds approved by the specified resolution:

state Item 15 in the following edition:

"15. Types of clients, whose status and (or) whose activities increase risk of OD/FT, include, but are not limited:

1) public officials, their spouses and close relatives;

2) legal entities and individual entrepreneurs whose activities are connected with intensive cash turnover, including:

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;

the organizations which exclusive activities is collection of banknotes, coins and values (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

the organizations performing microfinancial activities;

agents (attorneys) of service providers (except financial) performing acceptance from consumers of cash including via electronic terminals;

organizers of gaming, and also persons providing services or the gaining income from activities of online casino outside the Republic of Kazakhstan;

persons providing tourist services, and also the services connected with intensive cash turnover;

3) the broker dealers managing investment portfolio (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

4) the insurance (reinsurance) organizations, insurance brokers performing activities for industry "life insurance" (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

5) persons performing release and the address of secure digital assets;

6) persons performing release and turnover of unsecured digital assets in the territory of the International financial center "Astana";

7) persons providing services in financial leasing (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

8) persons performing activities as insurance agents;

9) persons performing intermediary activities for purchase and sale of the real estate;

10) persons whose activities are connected with production and (or) arms trade, explosives;

11) persons whose activities are connected with production and (or) processing, and also purchase and sale of precious metals, gemstones or products from them;

12) non-profit organizations in form of business of funds, religious associations;

13) persons located (registered) in the foreign states specified in Item 16 of Requirements and also the branches located in the Republic of Kazakhstan and representations of such persons;

14) receivers of retirement benefits on behalf of which their representatives by proxy act.".

4. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 12, 2020 No. 96 "About approval 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 professional participants of the security market and central depositary" (the following change is registered in the Register of state registration of regulatory legal acts at No. 21433):

in 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 professional participants of the security market and central depositary approved by the specified resolution:

state Item 16 in the following edition:

"16. Types of clients, whose status and (or) whose activities increase risk of OD/FT, include, but are not limited:

1) public officials, their spouses and close relatives;

2) foreign financial organizations;

3) legal entities and individual entrepreneurs whose activities are connected with intensive cash turnover, including:

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;

the organizations which exclusive activities is collection of banknotes, coins and values (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

the organizations performing microfinancial activities;

the legal entities registered as pawnshops;

agents (attorneys) of service providers (except financial) performing acceptance from consumers of cash including via electronic terminals;

organizers of gaming, and also persons providing services or the gaining income from activities of online casino outside the Republic of Kazakhstan;

persons providing tourist services, and also other services connected with intensive cash turnover;

4) persons providing services in financial leasing (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

5) persons performing release and the address of secure digital assets;

6) persons performing release and turnover of unsecured digital assets in the territory of the International financial center "Astana";

7) credit partnerships;

8) persons performing intermediary activities for purchase and sale of the real estate;

9) persons whose activities are connected with production and (or) arms trade, explosives;

10) persons whose activities are connected with production and (or) processing, and also purchase and sale of precious metals, gemstones or products from them;

11) non-profit organizations in form of business of funds, religious associations;

12) persons located (registered) in the foreign states specified in Item 18 of Requirements and also the branches located in the Republic of Kazakhstan and representations of such persons.".

5. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market on October 12, 2020 No. 97 "About approval 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 insurance (reinsurance) organizations, insurance brokers, societies of mutual insurance, Export credit agency of Kazakhstan, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan and branches of insurance nonresident brokers of the Republic of Kazakhstan" (the following change is registered in the Register of state registration of regulatory legal acts at No. 21425):

in 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 insurance (reinsurance) organizations, insurance brokers, societies of mutual insurance, Export credit agency of Kazakhstan, branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan and branches of the insurance nonresident brokers of the Republic of Kazakhstan approved by the specified resolution:

state Item 15 in the following edition:

"15. Types of clients, whose status and (or) whose activities increase risk of OD/FT, include, but are not limited:

1) public official, his spouse (spouse) and close relatives;

2) foreign reinsurers (assignors) if the bargain on reinsurance is concluded without participation of insurance broker and such foreign reinsurers (assignors) have no the rating of financial reliability or credit score assigned by the rating agencies approved by regulatory legal acts of authorized body on regulation, control and supervision of the financial market and the financial organizations;

3) foreign insurance brokers (except for having affiliated organization in the Republic of Kazakhstan having the license of authorized body on regulation, control and supervision of the financial market and the financial organizations on implementation of insurance broker activity and observing requirements for POD/FT);

4) legal entities and individual entrepreneurs whose activities are connected with intensive cash turnover, including:

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;

the organizations which exclusive activities is collection of banknotes, coins and values (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

the organizations performing microfinancial activities;

agents (attorneys) of service providers (except financial) performing acceptance from consumers of cash including via electronic terminals;

organizers of gaming, and also persons providing services or the gaining income from activities of online casino outside the Republic of Kazakhstan;

persons providing tourist services;

5) persons providing services in financial leasing (except for the affiliated organizations of banks of the second level which observe the requirements for POD/FT established by banks of the second level);

6) persons performing intermediary activities for purchase and sale of the real estate;

7) persons whose activities are connected with production and (or) arms trade, explosives;

8) persons whose activities are connected with production and (or) processing, and also purchase and sale of precious metals, gemstones or products from them;

9) non-profit organizations, in form of business of funds, religious associations;

10) persons located (registered) in the foreign states and (or) the internal territories specified in Item 17 of Requirements and also the branches located in the Republic of Kazakhstan and representations of such persons;

11) in the presence of doubts in reliability of the data provided by the client;

12) making by the client of the actions directed to evasion from the procedures of proper check of the client provided by the Law on POD/FT;

13) persons performing release and the address of secure digital assets;

14) persons performing release and turnover of unsecured digital assets in the territory of the International financial center "Astana".".

6. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 12, 2020 No. 98 "About approval 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 stock exchange" (the following change is registered in the Register of state registration of regulatory legal acts at No. 21424):

in Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of the income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction for stock exchange approved by the specified resolution:

state Item 14 in the following edition:

"14. Types of clients, whose status and (or) whose activities increase risk of OD/FT, include, but are not limited:

1) foreign financial organizations;

2) persons located (registered) in the foreign states specified in Item 16 of Requirements and also the branches located in the Republic of Kazakhstan and representations of such persons.

3) persons performing release and the address of secure digital assets;

4) persons performing release and turnover of unsecured digital assets in the territory of the International financial center "Astana".".

7. Bring in the resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of October 29, 2020 No. 105 "About approval 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 organizations performing separate types of banking activities, except for the operator or the operational center of interbank money transfer system and also legal entities whose exclusive activities is collection of banknotes of coins and values, and the organizations performing microfinancial activities" (the following change is registered in the Register of state registration of regulatory legal acts at No. 21577):

in 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 organizations performing separate types of banking activities, except for the operator or the operational center of interbank money transfer system and also legal entities whose exclusive activities is collection of banknotes, coins and values, and the organizations performing microfinancial activities, approved by the specified resolution:

state Item 15 in the following edition:

"15. Types of clients, whose status and (or) whose activities increase risk of OD/FT, include, but are not limited:

1) public official, his spouse (spouse) and close relatives;

2) persons located (registered) in the foreign states specified in Item 16 of Requirements and also the branches located in the Republic of Kazakhstan and representations of such persons;

3) non-profit and charitable organizations, religious associations;

4) persons performing release and the address of secure digital assets;

5) persons performing release and turnover of unsecured digital assets in the territory of the International financial center "Astana".".

 

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