RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 2, 2025 No. 93

About introduction of amendments to the resolution of Board of National Bank of the Republic of Kazakhstan of April 4, 2019 No. 49 "About approval of Rules of implementation of exchange transactions with cash foreign currency 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 April 4, 2019 No. 49 "About approval of Rules of implementation of exchange transactions with cash foreign currency in the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 18545) the following changes:

state preamble in the following edition:

"According to the subitem 42) of paragraph two of part two of Item 19 of the Regulations on National Bank of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of December 31, 2003 No. 1271 "About approval of the Provision and structure of 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" the Board of National Bank of the Republic of Kazakhstan DECIDES:";

in Rules of implementation of the exchange transactions with cash foreign currency in the Republic of Kazakhstan approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of implementation of exchange transactions with cash foreign currency in the Republic of Kazakhstan (further – Rules) are developed according to the subitem 42) of paragraph two of part two of Item 19 of the Regulations on National Bank of the Republic of Kazakhstan approved by the Presidential decree of the Republic of Kazakhstan of December 31, 2003 No. 1271 "About approval of the Provision and structure of National Bank of the Republic of Kazakhstan" the Law of the Republic of Kazakhstan "About the state statistics" and determine procedure for licensing of authorized organizations, including qualification requirements to them, notifications authorized bank about the beginning or the termination of activities of exchange points, requirements to activities for implementation of exchange transactions with cash foreign currency, operating conditions of exchange points and procedure for carrying out transactions by purchase and (or) sale of the affined ingot gold, issued by National Bank of the Republic of Kazakhstan (further – National Bank), and also forms and terms of representation by authorized banks and authorized organizations of reports.";

in Item 2:

7) to state the subitem in the following edition:

7) "single contact center – the legal entity determined by authorized body in the field of rendering the state services, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies – information on questions of rendering information and communication services;";

21) to state the subitem in the following edition:

"21) faultless goodwill availability of the facts confirming professionalism, conscientiousness including lack of the facts of committing by person of illegal actions (failure to act) which resulted in the insolvency which entailed involuntary liquidation of the financial organization, or to reference of bank to category of insolvent banks, lack of not removed or unspent conviction, including lack of the court resolution which took legal effect about application of criminal penalty in the form of deprivation of the right to hold leading employee position of the financial organization, bank and (or) insurance holding and to be the large member (large shareholder) of the financial organization for life, and also lack of the relations with the third parties (control and influence of the third parties) whose actions promoted legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction, based on data of authorized body;";

state item 4 in the following edition:

"4. The legal entity having the right to implementation of exchange transactions with cash foreign currency before carrying out exchange transactions, purchase and (or) sale of the affined ingot gold takes measures for proper check of clients according to article 5 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" (further – the Law on POD/FT/FROMU).";

subitems 3), of Item 6 to state 4), 5) and 6) in the following edition:

"3) persons which are in the list of the organizations and faces tied with financing of terrorism and extremism and (or) financing of distribution of weapons of mass destruction according to the Law on POD/FT/FROMU;

4) persons registered (living) in one of foreign states and (or) parts of the territories of the foreign states which are characterized as offshore zones according to the list specified in the subitem 3) of Item 16 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 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, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of February 28, 2022 No. 20 "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 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" (it is registered in the Register of state registration of regulatory legal acts at No. 27113), (further – Requirements);

5) persons registered (living) in the state (in the territory) which does not carry out or implements recommendations of Group of development of financial measures of anti-money laundering (FATF) insufficiently.

For the purposes of this subitem under the state (territory) which do not carry out or implement recommendations of Group of development of financial measures of anti-money laundering (FATF) mean the state (territory) insufficiently, included in the List constituted by authorized body on financial monitoring according to part two of item 4 of article 4 of the Law on POD/FT/FROMU;

6) legal entities, founders, participants (one of founders, participants) of which are persons registered (living) in the territory of one of foreign states and (or) parts of the territories of the foreign states which are characterized as offshore zones according to the list specified in the subitem 3) of Item 16 of Requirements, and also legal entities, founders, participants (one of founders, participants) of which are persons registered (living) in the state (in the territory) which does not carry out or implements recommendations of Group of development of financial measures of anti-money laundering (FATF) insufficiently.

For the purposes of this subitem under the state (territory) which do not carry out or implement recommendations of Group of development of financial measures of anti-money laundering (FATF) mean the state (territory) insufficiently, included in the List constituted by authorized body on financial monitoring according to part two of item 4 of article 4 of the Law on POD/FT/FROMU;";

2) of Item 6-1 to state the subitem in the following edition:

"2) being in the list of the organizations and faces tied with financing of terrorism and extremism and (or) financing of distribution of weapons of mass destruction according to the Law on POD/FT/FROMU;";

1) of Item 19-4 to state the subitem in the following edition:

"1) non-presentation of documents and (or) data, stipulated in Item 4 articles 12 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" (further – the Law on currency control), article 29 of the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law on permissions), Item 8 of appendix 4-1 to Rules, and also cases, the stipulated in Article 32 Laws on permissions;";

1) of Item 39 to state the subitem in the following edition:

"1) the copy of the license for exchange transactions with cash foreign currency in the Kazakh and Russian languages, except as specified, when receipt of the license is not required according to part two of Item 5 of article 30 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan";";

4) of Item 40 to state the subitem in the following edition:

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