3-2. When implementing payments and money transfers by electronic method the bank develops and applies measures, and also necessary procedures for prevention of use of systems of exchange of electronic documents in schemes of legalization (washing) of income gained in the criminal way and terrorism financings.

2. Digital signature

4. The digital signature certifies the fact of creation of the electronic document by the sender, lack of misstatements or changes in it and the consent of the sender with contents of the electronic document.

5. The digital signature confirms that the sender assumed liabilities according to the electronic payment document provided that this electronic payment document is authentic.

6. Participants of implementation of payments and/or money transfers recognize the digital signature according to the procedure and on the conditions provided by the agreements signed between them, and/or rules of functioning of system of exchange of electronic documents in which transfer of electronic documents is performed.

6-1. Use of the digital signature is performed according to the laws of the Republic of Kazakhstan.

3. Electronic documents

7. The message acquires the status of the electronic document after its creation with use of the digital signature.

8. Creation of the electronic document is made with use of the procedure of the safety provided by the contract between the sender and the receiver, and/or rules of system of exchange of electronic documents.

9. Iklyuchen

10. In case of refusal the receiver from execution of the specifying transferred by electronic method, the receiver shall within three working days from the date of obtaining notify the sender on refusal of execution of the electronic payment document, with indication of cause of failure if other is not established by legal acts of the Republic of Kazakhstan.

Financial accounting of the received and/or performed electronic payment documents is performed by bank according to requirements of its domestic accounting policy.

11. Means of restriction of unauthorized access to all or to part of the program technical means used to creation, acceptance, transfer of electronic documents and/or storage of information (including organizational and program and technical measures of protection) are established by senders and receivers according to requirements of regulatory legal acts of National Bank. In case of lack of the above-stated requirements the sender and the receiver independently establish requirements to safety level.

4. Transmission of messages by electronic method

12. Payment and/or the money transfer made by specifying presentation by electronic method is any payment and/or money transfer during which on any of stages of its consecutive execution by the receiver, specifying is transferred in type of the electronic payment document.

13. Implementation of payments and/or money transfers by specifying presentation by electronic method, can be performed without the conclusion of the contract between the sender and the receiver providing such presentation if the sender and the receiver are users of one system of exchange of electronic documents in which transfer of electronic documents is performed. In this case transmission of messages by electronic method is performed according to rules of functioning of system of exchange of electronic documents.

14. The agreement according to which payments and/or money transfers are made by presentation of instructions by electronic method shall contain procedure for the dispute resolution between the sender and the receiver, arising in case of establishment of authenticity of the electronic document.

15. Money transfer is made based on the instructions shown by electronic method if:

between the sender and the receiver the agreement on presentation of instructions is signed by electronic method and/or the sender and the receiver are users of one system of exchange of electronic documents in which transfer of the electronic document is performed;

authenticity of the shown electronic payment document is established.

16. During the sending and receipt of the electronic payment document the sender and the receiver shall have confirmation about sending and/or receipt of the electronic payment document. Confirmation about passing of the electronic payment document can remain as in electronic form, and in document type on paper, the electronic payment document constituted in processing.

17. As confirmation of sending and/or receipt of electronic payment documents serves the notification on receipt of the electronic document or the other information established by rules of functioning of system of exchange of electronic documents in which transfer of the electronic document and/or is performed by the relevant contract between the sender and the receiver.

5. Procedures of safety

18. Procedures of safety are established by the agreements signed between participants of implementation of payments and money transfers and/or rules of functioning of system of exchange of electronic documents in which transfer of electronic documents is performed.

19. Authenticity of the electronic payment document is confirmed by the digital signature and is established as a result of accomplishment by the receiver of the procedures of safety established by the agreement signed between the sender and the receiver or rules of functioning of system of exchange of electronic documents in which transfer of electronic documents is performed.

20. Procedures of safety are performed by use of cryptographic means. Visual checking of the digital signature on the electronic document with the specimen signatures provided by the sender is not the procedure of safety.

21. If in case of transmission of messages the electronic method as procedures of safety uses the procedures which are not allowing to establish authentically the sender of the electronic document, availability of misstatements and/or changes in its content, then the additional measures allowing to achieve these objectives shall be used. Additional measures of protective actions can provide the repeated transfer of the payment document, confirmation of transfer of the payment document or other measures established by agreement between the sender and the receiver. At the same time the receiver informs the sender on repeated receipt of the electronic document.

6. Execution of electronic payment documents on papers

22. Payment confirmation, the electronic payment document made with use, printout or other display of contents of the electronic payment document on paper can serve. At the same time printout or other display of contents of the electronic payment document on paper shall be drawn up according to the requirements established by the legislation of the Republic of Kazakhstan.

23. Printout or other display of contents of the electronic payment document on paper is the basis for implementation of payment and money transfer only based on the authentic electronic payment document.

7. Storage of electronic documents

24. The performed electronic payment documents are stored electronically on magnetic or other types of carriers and do not require printout or other display of contents of the electronic payment document on paper for the purpose of storage.

25. Rules and storage durations of electronic payment documents are established by the internal documents of bank developed according to the legislation of the Republic of Kazakhstan.

26. For the purpose of financial accounting the bank has the right to create the general reference of the performed electronic payment documents and to use it for reconciliation of accounting records, forming of memorial documents, and also other purposes of financial accounting provided by internal regulations of accounting.

8. Additional terms

27. Responsibility of the sender and receiver for transfer and/or execution of the unauthorized electronic payment document is established by the relevant contract between the sender and the receiver and legal acts of the Republic of Kazakhstan.

28. The questions which are not settled by these rules are regulated according to the legislation of the Republic of Kazakhstan.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info