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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of August 12, 2011 No. 139

About modification and amendments in some presidential decrees of the Republic of Kazakhstan

According to the subitem 1) of Item 2 of article 17-1 of the Constitutional law of the Republic of Kazakhstan "About the President of the Republic of Kazakhstan" for the purpose of implementation of the Presidential decree of the Republic of Kazakhstan of April 12, 2011 "About further enhancement of system of state regulation of the financial market of the Republic of Kazakhstan" and the Presidential decree of the Republic of Kazakhstan of April 18, 2011 No. 61 "About some questions of National Bank of the Republic of Kazakhstan" I DECIDE No. 25:

1. Make changes and additions to the following presidential decrees of the Republic of Kazakhstan:

1) in 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" (SAPP of the Republic of Kazakhstan, 2004, No. 50, Art. 640; 2005, No. 39, Art. 555; 2006, No. 35, Art. 373; 2007, No. 42, Art. 479; 2008, No. 3, Art. 38; No. 35, Art. 364; 2009, No. 15, Art. 106; No. 55, Art. 446):

To be reworded as follows the regulations on National Bank of the Republic of Kazakhstan approved by the above-named Decree according to appendix 1 to this Decree.

In structure of National Bank of the Republic of Kazakhstan approved by the above-named Decree:

in Section 1:

to state line, sequence number 13-1, in the following edition:

"13-1. Records department of monetary transactions";

16, to state line, sequence number in the following edition:

"16. Department of safety";

add in the lines, sequence numbers 21 and 22, of the following content:

"21. Department of methodology of control and supervision

22. Management of quality control of the state services";

in the Section 2 18, to exclude line, sequence number;

in the Section 4 lines, sequence numbers 2 and 3, to exclude;

add with the Section 5 of the following content:

"5. Departments of National Bank of Kazakhstan:

1. Committee on control and supervision of the financial market and financial organizations of National Bank of the Republic of Kazakhstan

2. Committee on development of regional financial center of the city of Almaty of National Bank of the Republic of Kazakhstan";

2) in the Presidential decree of the Republic of Kazakhstan of December 28, 2007 No. 501 "About measures for optimization of positions of government employees" (SAPP of the Republic of Kazakhstan, 2007, No. 49, Art. 599; 2008, No. 9, Art. 89; 2009, No. 12, Art. 69; 2010, No. 51, Art. 466):

in the Register of positions of administrative government employees on categories approved by the above-named Decree:

to state heading of the Section "Group of Categories C" in the following edition:

"Group of categories C

Bodies, directly subordinate and

accountable to the President of the Republic of Kazakhstan

Central executive bodies

National center for human rights

Departments of the central executive bodies

Departments of National Bank of Kazakhstan

Foreign institutions of the Republic of Kazakhstan";

in group of categories C:

add category S-1 with line of the following content:

"Chairman of Committee of National Bank";

to add category S-2 after the line "Vice-chairman of Committee of the Central Executive Body" with line of the following content:

"Vice-chairman of Committee of National Bank";

to state paragraph two of footnote in the following edition:

"2 Krom of departments of the central executive bodies, National Bank (creation of departments as a part of departments is not provided)";

3) in the Presidential decree of the Republic of Kazakhstan of March 11, 2008 No. 552 "About approval of the Regulations on Administration of the President of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2008, No. 12-13, of Art. 116; 2009, No. 24-25, of Art. 207; 2010, No. 51, Art. 466; 2011, No. 10-11, of the Art. 125):

in the List of state bodies, directly subordinate and accountable to the President of the Republic of Kazakhstan, approved by the above-named Decree:

exclude the lines "Agency of the Republic of Kazakhstan on Regulation of Activities of Regional Financial Center of the City of Almaty" and "Agency of the Republic of Kazakhstan on Regulation and Supervision of the Financial Market and Financial Organizations";

4) in the Presidential decree of the Republic of Kazakhstan of March 19, 2010 No. 954 "About System of annual efficiency evaluation of activities of the central state and local executive bodies of areas, the cities of republican value, the capital" (SAPP of the Republic of Kazakhstan, 2010, No. 24, Art. 173; 2011, No. 8, Art. 95):

in the List of the central state bodies concerning which the efficiency evaluation of their activities is carried out, approved by the above-named Decree:

exclude the lines "Agency of the Republic of Kazakhstan on Regulation of Activities of Regional Financial Center of the City of Almaty" and "Agency of the Republic of Kazakhstan on Regulation and Supervision of the Financial Market and Financial Organizations".

2. Recognize invalid some presidential decrees of the Republic of Kazakhstan according to appendix 2 to this Decree.

3. This Decree becomes effective from the date of signing.

 

President of the Republic of Kazakhstan

N. NAZARBAYEV

APPENDIX 1

to the Presidential decree of the Republic of Kazakhstan of August 12, 2011 No. 139

Approved by the Presidential decree of the Republic of Kazakhstan of December 31, 2003 No. 1271

Regulations on National Bank of the Republic of Kazakhstan

Chapter 1. General provisions

1. The National Bank of the Republic of Kazakhstan (further - National Bank of Kazakhstan) is Central Bank of the Republic of Kazakhstan, represents the top (first) level of bank system of the Republic of Kazakhstan, is accountable to the President of the Republic of Kazakhstan in the limits established by the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", in the activities is guided by the Constitution, the laws of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", "About banks and banking activity in the Republic of Kazakhstan", "About state regulation and supervision of the financial market and the financial organizations", "About regional financial center of the city of Almaty", "About insurance activity", "About the security market", "About provision of pensions in the Republic of Kazakhstan" both other normative legal and legal acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, international treaties, prisoners Republic of Kazakhstan, and also this Provision.

2. The National Bank of Kazakhstan is legal entity in form of business of public institution, has separate balance, jointly with the branches, representations, departments and the organizations constitutes single centralized structure with the vertical scheme of subordination.

The National Bank of Kazakhstan according to legal acts of the Republic of Kazakhstan can open the branches and representations in the Republic of Kazakhstan and beyond its limits taking into account the legislation of the country of their stay.

3. The National Bank of Kazakhstan coordinates the activities with the Government of the Republic of Kazakhstan and holds with it regular consultations.

National Bank of Kazakhstan, being guided by the Strategy of development for Kazakhstan till 2030, considers economic policy of the Government of the Republic of Kazakhstan and promotes its realization if it does not contradict accomplishment of its main functions and implementation of monetary policy.

The government of the Republic of Kazakhstan does not bear responsibility according to obligations of National Bank of Kazakhstan as well as the National Bank of Kazakhstan does not bear responsibility according to obligations of the Government of the Republic of Kazakhstan, except as specified, when it assumes such responsibility.

Public authorities of the Republic of Kazakhstan have no right to interfere with activities of National Bank of Kazakhstan, its branches, representations, departments and organizations for realization of its legislatively fixed powers.

4. The National Bank of Kazakhstan on the basis and in pursuance of the laws of the Republic of Kazakhstan on the questions carried to its competence publishes the regulatory legal acts obligatory for execution by all financial organizations, their clients, other physical persons and legal entities in the territory of the Republic of Kazakhstan.

Regulatory legal acts of National Bank of Kazakhstan are published in its official publications", aza, camp, ltta, Bank, N, Habarshysa", "the Bulletin of National Bank of Kazakhstan" in the state and Russian languages.

5. The National Bank of Kazakhstan has seal with the image of the State Emblem of the Republic of Kazakhstan and the name, and also own emblem.

Branches, representations, departments and the organizations of National Bank of Kazakhstan have the seal.

The central office of National Bank of Kazakhstan locates at the address: 050040, city of Almaty, residential district "Koktem-3", house 21.

Chapter 2. Main objective, tasks, functions, powers and rights of National Bank of Kazakhstan

6. Main objective of National Bank of Kazakhstan is ensuring price stability in the Republic of Kazakhstan.

7. The following tasks are assigned to National Bank of Kazakhstan:

1) development and carrying out monetary policy of the state;

2) ensuring functioning of payment systems;

3) implementation of currency control and currency exchange control;

4) ensuring financial stability and further development of the financial market and the financial organizations, and also maintenance of trust to financial system in general;

5) ensuring proper level of protection of the rights and legitimate interests of consumers of financial services.

8. The National Bank of Kazakhstan according to the tasks assigned to it performs the following main functions:

1) carrying out the state monetary policy in the Republic of Kazakhstan;

2) implementation of note issue and coins in the territory of the Republic of Kazakhstan;

3) implementation of function of bank of banks;

4) implementation of function of bank, the financial adviser, agent of the Government of the Republic of Kazakhstan and other services for the Government and other state bodies under the agreement with them;

5) organization of functioning of payment systems;

6) implementation of currency control and currency exchange control in the Republic of Kazakhstan;

7) management of gold and exchange assets of National Bank of Kazakhstan;

8) regulation of activities of the financial market and the financial organizations, and also other persons within competence;

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