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

of April 20, 2026 No. 74

About introduction of amendments to the resolution of Board of National Bank of the Republic of Kazakhstan and resolutions of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market concerning regulation of the financial market and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the financial market

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

1. Approve the enclosed List of the resolution of Board of National Bank of the Republic of Kazakhstan and resolutions of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market concerning regulation of the financial market and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the financial market to which changes are made (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.

Suspend till July 12, 2026:

the subitem 3) of item 4 of appendix 1 to the List, having determined that during suspension this subitem is effective in the following edition:

"3) availability of the automated information systems allowing to perform collection, processing, storage, provision and personal data protection of the client physical person (his representative) and beneficial owners;";

the subitem 1) of Item 9 of appendix 2 to the List, having determined that during suspension this subitem is effective in the following edition:

"1) receipt of access to all premises of bank, to information systems, means of telecommunications, documents and files in the limits allowing to perform the functions in full, and according to the procedure, provided by internal documents of bank;";

Item 12 of appendix 2 to the List, having determined that during suspension this Item is effective in the following edition:

"12. The bank for automation of processes concerning internal control for the purpose of POD/FT/FROMU uses the automated information systems.";

parts two of Item 30 of appendix 2 to the List, having determined that during suspension the part two of this Item is effective in the following edition:

"In case of application of the subitem by bank 1) of Item 6 of Article of 5 Zakona au POD/FT/FROMU bank without delay receives the information about the client (his representative) and the beneficial owner from other subjects of financial monitoring for introduction (inclusion) in the file of the client, and also on demand without delay receives copies of supporting documents to which, including information, statements from information systems or databases of other subjects of financial monitoring upon which measures of proper check of the client the bank relies belong.";

parts one of Item 39 of appendix 2 to the List, having determined that during suspension part one of this Item is effective in the following edition:

"39. The bank by means of use of the automated information system reveals clients - physical persons according to whose current accounts account operations are performed, at the same time there are no payments connected with ensuring life activity of the client, utility payments, tax and other payments in the budget:

1) is carried out by profound monitoring of movement of money according to the current account for the purpose of determination of feasibility of assignment to the client of high risk level and carrying out concerning it the strengthened measures of proper check;

2) in case of assignment to the client of high risk level holds the events provided by Requirements and the regulatory legal act of authorized body establishing procedure for forming by bank of risk management system and internal control, developed according to part two of Item 1 of article 48 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan".";

the subitem 1) of Item 8 of appendix 3 to the List, having determined that during suspension this subitem is effective in the following edition:

"1) receipt of access to all premises of fund, to information systems, means of telecommunications, documents and files in the limits allowing to perform the functions in full, and according to the procedure, provided by internal documents of fund;";

Item 11 of appendix 3 to the List, having determined that during suspension this Item is effective in the following edition:

"11. The fund for automation of processes concerning internal control for the purpose of POD/FT/FROMU uses the automated information systems conforming to requirements of internal control of fund.";

parts three of Item 26 of appendix 3 to the List, having determined that during suspension the part three of this Item is effective in the following edition:

"In case of application of the subitem by fund 1) of Item 6 of article 5 of the Law on POD/FT/FROMU the fund without delay receives the information about the client (his representative) and the beneficial owner from other subjects of financial monitoring upon which measures of proper check of clients the fund relies, for introduction (inclusion) in the file of the client, and also on demand without delay receives copies of supporting documents to which, including information, statements from information systems or databases of other subjects of financial monitoring belong.";

the subitem 1) of Item 8 of appendix 4 to the List, having determined that during suspension this subitem is effective in the following edition:

"1) receipt of access to all premises of the organization, to information systems, means of telecommunications, documents and files, in the limits allowing to perform the functions in full, and according to the procedure, provided by internal documents of the organization;";

Item 11 of appendix 4 to the List, having determined that during suspension this Item is effective in the following edition:

"11. The organization for automation of processes for internal control for the purpose of POD/FT/FROMU uses the automated information systems conforming to requirements of internal control of the organization.";

parts three of Item 27 of appendix 4 to the List, having determined that during suspension the part three of this Item is effective in the following edition:

"In case of application of the subitem by the organizations 1) of Item 6 of article 5 of the Law on POD/FT/FROMU of the organization without delay receive the information about the client (his representative) and the beneficial owner from other subjects of financial monitoring on which measures of proper check of clients the organizations rely, for introduction (inclusion) in the file of the client, and also on demand without delay receive copies of supporting documents to which, including information, statements from information systems or databases of other subjects of financial monitoring belong.";

the subitem 2) of Item 9 of appendix 5 to the List, having determined that during suspension this subitem is effective in the following edition:

"2) receipt of access to all premises of the organization and (or) insurance broker, to information systems, means of telecommunications, documents and files, in the limits allowing to perform the functions in full, and according to the procedure, provided by internal documents of the organization and (or) insurance broker;";

Item 12 of appendix 5 to the List, having determined that during suspension this Item is effective in the following edition:

"12. The organization and (or) insurance broker for automation of processes concerning internal control for the purpose of POD/FT/FROMU uses the automated information systems conforming to requirements, rules of internal control of the organization and (or) insurance broker.";

parts two of Item 30 of appendix 5 to the List, having determined that during suspension the part two of this Item is effective in the following edition:

"In case of application by the organization and (or) insurance broker of the subitem 1) of Item 6 of article 5 of the Law on POD/FT/FROMU the organization and (or) insurance broker without delay receives the information about the client (his representative) and the beneficial owner from other subjects of financial monitoring upon which measures of proper check of the client the organization and (or) insurance broker relies, for introduction (inclusion) in the file of the client, and also on demand without delay receives copies of supporting documents to which, including information, statements from information systems or databases of other subjects of financial monitoring belong.";

the subitem 1) of Item 8 of appendix 6 to the List, having determined that during suspension this subitem is effective in the following edition:

"1) receipt of access to all premises of stock exchange, to information systems, means of telecommunications, documents and files in the limits allowing to perform the functions in full, and according to the procedure, provided by internal documents of stock exchange;";

Item 10 of appendix 6 to the List, having determined that during suspension this Item is effective in the following edition:

"10. The stock exchange for automation of processes concerning internal control for the purpose of POD/FT/FROMU uses the automated information systems conforming to requirements, rules of internal control of stock exchange.";

parts three of Item 23 of appendix 6 to the List, having determined that during suspension the part three of this Item is effective in the following edition:

"In case of application of the subitem by stock exchange 1) of Item 6 of article 5 of the Law on POD/FT/FROMU the stock exchange without delay receives the information about the client from other subjects of financial monitoring upon which measures of proper check of clients the stock exchange relies, for introduction (inclusion) in the file of the client, and also on demand without delay receives copies of supporting documents to which, including information, statements from information systems or databases of other subjects of financial monitoring belong.";

the subitem 1) of Item 8 of appendix 7 to the List, having determined that during suspension this subitem is effective in the following edition:

"1) receipt of access to all premises of the organization, to information systems, means of telecommunications, documents and files in the limits allowing to perform the functions in full, and according to the procedure, provided by internal documents of the organization;";

parts two of Item 24 of appendix 7 to the List, having determined that during suspension the part two of this Item is effective in the following edition:

"In case of application of the subitem by the organization 1) of Item 6 of article 5 of the Law on POD/FT/FROMU the organization without delay receives the information about the client (his representative) and the beneficial owner from other subjects of financial monitoring upon which measures of proper check of the client the organization relies, for introduction (inclusion) in the file of the client, and also on demand without delay receives copies of supporting documents to which, including information, statements from information systems or databases of other subjects of financial monitoring belong.".

It is approved Financial monitoring agency of the Republic of Kazakhstan

Approved by the Resolution of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of April 20, 2026, No. 74

The list of the resolution of Board of National Bank of the Republic of Kazakhstan and resolutions of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market concerning regulation of the financial market and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the financial market to which changes are made

1. Bring in the resolution of Board of National Bank of the Republic of Kazakhstan of June 29, 2018 No. 140 "About approval of Requirements to proper check of clients in case of remote establishment of business relations by subjects of financial monitoring" (the following change is registered in the Register of state registration of regulatory legal acts at No. 17250):

Requirements to proper check of clients in case of remote establishment of the business relations by subjects of financial monitoring approved by the specified resolution to state in edition according to appendix 1 to the List of the resolution of Board of National Bank of the Republic of Kazakhstan and resolutions of Board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market concerning regulation of the financial market and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the financial market in which are brought change (further – the List).

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" (the following change is registered in the Register of state registration of regulatory legal acts at No. 20160):

To state 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 in edition according to appendix 2 to the List.

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):

To state 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 in edition according to appendix 3 to the List.

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):

To state 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 in edition according to appendix 4 to the List.

5. 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. 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):

To state 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 in edition according to appendix 5 to the List.

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 the stock exchange and the organizations performing clearing activities for transactions with financial instruments" (the following change is registered in the Register of state registration of regulatory legal acts at No. 21424):

To state 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 stock exchange and the organizations performing clearing activities for transactions with financial instruments, approved by the specified resolution in edition according to appendix 6 to the List.

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):

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 to state requirements to Rules of internal control in edition according to appendix 7 to the List.

Appendix 1

to the List

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of June 29, 2018 No. 140

Requirements to proper check of clients in case of remote establishment of business relations by subjects of financial monitoring

Chapter 1. General provisions

1. These Requirements to proper check of clients in case of remote establishment of business relations by subjects of financial monitoring (further – Requirements) are developed according to Item 9 of article 5 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of the income received in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" (further – the Law on POD/FT/FROMU) and extend to the subjects of financial monitoring specified in subitems 1) (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), 2) (except for commodity exchanges, exchange brokers, performing the activities at commodity exchange and making transactions with exchange goods, and clearing centers of commodity exchanges), 3), 4), 5) and 11) Item 1 of article 3 of the Law on POD/FT/FROMU (further – subjects of financial monitoring).

2. The subject of financial monitoring makes the decision on remote establishment of business relations with clients independently taking into account assessment of risk degree of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction (further – OD/FT/FROMU) as the client, country (geographical) risk, risk of service (product) and (or) method of her (his) provision.

3. Subjects of financial monitoring establish business relations by remote method only with the clients conforming to the following requirements:

1) physical person or the legal entity to whom identification number is assigned (except as specified when identification number according to the legislation of the Republic of Kazakhstan is not assigned to physical person or the legal entity) or number under whom physical nonresident person of the Republic of Kazakhstan or legal nonresident person of the Republic of Kazakhstan is registered in foreign state;

2) the client (his representative) and the beneficial owner is not person included in the list of the organizations and faces tied with financing of terrorism and extremism;

3) the client (his representative) and the beneficial owner is not the identified person or the organization to whom the international sanctions (embargo) according to resolutions of the Security Council of the United Nations are applied;

4) the client is not person to whom the risk level requiring application of the strengthened measures of proper check according to Item 7 of article 5 of the Law on POD/FT/FROMU and rules of internal control is appropriated.

4. Subjects of financial monitoring establish business relations with the client by remote method in case of simultaneous observance of the following conditions:

1) fixation of the data provided by subitems 1), 2), 2-1) and 4) of Item 3 of article 5 of the Law on POD/FT/FROMU according to Item 9 of Requirements;

2) availability of consent of the client physical person to collection, processing, storage and provision, including if necessary to the third parties, its personal data, confirmed by means of identification means;

3) availability of the automated digital systems allowing to perform collection, processing, storage, provision and personal data protection of the client physical person (his representative) and beneficial owners;

4) the subject of financial monitoring has no suspicions that the purpose of business relations is making of transactions for the purpose of OD/FT/FROMU.

Chapter 2. Fixation of the data necessary for proper check of the client (his representative) and beneficial owner

5. Fixation of information about the client (his representative) and the beneficial owner is performed according to article 6 of the Law on POD/FT/FROMU before establishment of business relations by remote method.

6. For establishment of business relations with the client remote method compulsory provisions are:

1) input by the client in system of remote access for the subject of financial monitoring of the individual or business and identification number;

2) identification and authentication of the client;

3) fixation of the data on the client provided by subitems 1), 2), 2-1) and 4) of Item 3 of article 5 of the Law on POD/FT/FROMU.

7. For identification and authentication of the client the following methods are used:

1) digital signature of physical person or legal entity;

2) or means of biometric authentication;

3) or details of payment card in case of identification and authentication of physical person (number, effective period of payment card, the name of the system of payment cards) issued by bank of the second level or the National operator of mail with whom the subject of financial monitoring signs the data exchange agreement if the physical person was earlier identified by the subject of financial monitoring in case of personal presence;

4) or confirmation of the identity of physical person by reconciliation with the state databases;

5) or the unique identifier representing combination of letters, figures or symbols or other identifier established by the subject of financial monitoring for identification of the client and approved with it.

Use of one or in total several of the methods of identification and authentication of the client determined in part one of this Item, except as specified, provided by part four of this Item and Item 8 of Requirements is allowed.

The method of identification and authentication of the client provided by the subitem 2) of part one of this Item is used by means of the Center of exchange of identification data of National Bank of the Republic of Kazakhstan (further – TsOID) in case of opening of the bank account.

The method of identification and authentication of the client provided by the subitem 5) of part one of this Item is used in one of the following cases:

in total with one or in several ways identifications and authentications of the client, the provided subitems 1), 2), 3) and 4) parts one of this Item;

in case of the conclusion insurance companies and branches of the insurance (reinsurance) nonresident organizations of the Republic of Kazakhstan of insurance contracts electronically, except for life insurance contracts, agreements of annuity insurance and insurance contracts providing condition of participation of the insurer in investments;

when taking measures to proper check of clients (their representatives) and beneficial owners according to Item 6 of article 5 of the Law on POD/FT/FROMU.

The choice of method of identification and authentication of the client is performed by the subject of financial monitoring.

8. Banks of the second level, branches of nonresident banks of the Republic of Kazakhstan and the National operator of mail in case of remote establishment of business relations with the client apply two-factor identification of the client with carrying out biometric authentication of the client by means of TsOID according to 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" registered in the Register of state registration of regulatory legal acts at No. 20160.

When carrying out biometric authentication of the client banks of the second level, branches of nonresident banks of the Republic of Kazakhstan and the National operator of mail provide storage of record of session of video conference with the client or the received current image of the client with use of technology of identification of movement at least five years from the date of the termination of business relations with the client, including on the basis of outsourcing.

9. Fixation of the data on the client confirming its identification and provided by subitems 1), 2), 2-1) and 4) of Item 3 of article 5 of the Law on POD/FT/FROMU is performed by filling:

1) the client of its identification data confirmed with the identification methods specified in Item 7 of Requirements;

2) or the subject of financial monitoring after holding procedure of authentication of the client, the methods specified in Item 7 of Requirements.

Chapter 3. Check of reliability of information about the client (his representative) and beneficial owner

10. Check of reliability of information about the client (his representative) and the beneficial owner is performed according to the subitem 6) of Item 3 of article 5 of the Law on POD/FT/FROMU and rules of internal control.

11. During the conducting check of reliability of information about the client (his representative) and the beneficial owner by reconciliation with the copies of supporting documents this from available sources, including information, statements from the databases containing data from available sources are.

Chapter 4. Refusal in establishment of business relations by remote method, termination of the business relations established by remote method.

12. The subject of financial monitoring refuses establishment of business relations by remote method and (or) carrying out transaction in case:

1) discrepancies of the client to the requirements specified in Item 3 of Requirements;

2) failures to carry out of the conditions specified in the subitem 2) of item 4 and Item 6 of Requirements;

3) in the presence of suspicions at the subject of financial monitoring about making by the client of transaction for the purpose of OD/FT/FROMU;

4) on other bases provided by the Tax code of the Republic of Kazakhstan, the Law on POD/FT/FROMU, the Law of the Republic of Kazakhstan "About payments and payment systems".

In case of refusal to the client in establishment of business relations by remote method the subject of financial monitoring notifies the client on possibility of establishment of business relations in attendance procedure.

Appendix 2

to the List

Approved by 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

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