RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of July 4, 2012 No. 202

About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of October 27, 2006 No. 106 "About approval of Rules of the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan"

According to the Laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of January 11, 2007 "About licensing" and of January 6, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning currency control and currency exchange control", and also for the purpose of enhancement of the regulatory legal base regulating implementation of activities for the organization of exchange transactions with 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 October 27, 2006 No. 106 "About approval of Rules of the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 4468, published on December 13, 2006 in the Yuridicheskaya Gazeta newspaper No. 215 (1195) the following changes and amendments:

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

state Chapter 1 in the following edition:

"1. Basic concepts

1. For the purposes of Rules the basic concepts specified in the Law of the Republic of Kazakhstan of June 13, 2005 "About currency control and currency exchange control" (further - the Law), and also the following concepts are used:

1) the automated exchange point - the electronic and mechanical device allowing to perform exchange transactions by cash deposit of money in this device and obtaining from it cash of the equivalent amount in other currency;

2) exchange transactions - the transactions on purchase, sale and exchange of cash foreign currency performed through exchange points and the automated exchange points;

3) the legal entity having the right to the organization of exchange transactions with foreign currency - authorized bank or authorized organization;

4) the market rate of currency exchange - the weighted stock exchange rate of tenge to foreign currency which developed at substantive session of Kazakhstan stock exchange joint-stock company (further - the exchange) and No. 36 determined according to the order of the Minister of Finance of the Republic of Kazakhstan of January 28, 2009 and the resolution of Board of National Bank of the Republic of Kazakhstan of January 26, 2009 No. 4 "About establishment of procedure for determination and application of the market rate of currency exchange", registered in the Register of state registration of regulatory legal acts at No. 5570;

5) computer system - the automated electronic system registered in tax authority and providing accounting of exchange transactions;

6) cross-rate - the course ratio between two foreign currencies determined on the basis of the market rate of exchange of these currencies in relation to the Kazakhstani tenge or to other foreign currency in case of lack of quotations to the Kazakhstani tenge;

7) cash foreign currency - the banknotes and treasury notes accepted by foreign states as legal means of payment which are in circulation;

8) the registration certificate - the registration certificate of exchange point granted by National Bank of the Republic of Kazakhstan (further - National Bank) according to Item 2 of article 6 of the Law;

9) the electronic license - the license in electronic form which is drawn up and issued with use of information technologies equivalent licenses on paper.";

in Chapter 2:

state heading in the following edition:

"2. Procedure for creation of authorized organizations";

state Item 2 in the following edition:

"2. The authorized capital of authorized organizations is created in full according to requirements of Items 15, of 16 Rules to the appeal of authorized organization behind receipt of the license or behind registration of additional exchange points.";

state Items 6 and 7 in the following edition:

"6. Founders of authorized organization are physical and legal litsarezidenta and nonresidents of the Republic of Kazakhstan, except for persons specified in part two of this Item.

Person which was the founder (one of founders) of the authorized organization deprived of the license for the organization of exchange transactions with foreign currency before the expiration of three years from the date of the relevant decision of branch of National Bank about deprivation of the license for the organization of exchange transactions with foreign currency cannot be the founder (one of founders) of authorized organization.

7. According to the Law of the Republic of Kazakhstan of April 17, 1995 "About state registration of legal entities and accounting registration of branches and representations" permission of National Bank to state registration in judicial authorities is issued by branch of National Bank in the location of the created authorized organization for the form established by appendix 1 to Rules.

For receipt of permission of National Bank to state registration in judicial authorities founders of authorized organization represent to branch of National Bank in the location of the created authorized organization the following documents:

1) the statement on receipt of permission;

2) the copy of the charter (notarially attested in case of non-presentation of the original for reconciliation);

3) the information about founders in the form established by appendix 2 to Rules.";

exclude Item 8;

state Items 11 and 12 in the following edition:

"11. The authorized organization in time no later than 10 (ten) working days from the date of registration and (or) the notice of judicial authorities represents to branch of National Bank the new edition of the charter and (or) documents confirming entering into the charter of authorized organization of the following changes and amendments:

change of the size of the authorized capital created in cash;

change of list of founders;

change of the name of authorized organization;

change of legal address of authorized organization.

12. In the case provided in Item 11 of Rules the copy of new edition of the charter or the changes and additions made to the charter (notarially attested in case of non-presentation of the original for reconciliation) with mark of judicial authorities about registration or the document confirming the fact of the notice of judicial authorities is submitted.

Information about founders (participants) of authorized organization for form, is represented according to appendix 2 to Rules if the list of founders and the size of the authorized capital created in cash changed.

If changes and additions made to the charter of authorized organization concern the size of the authorized capital created in cash the document of bank of the second level confirming change of the size of the authorized capital at the expense of money contributions is submitted.";

exclude Item 13;

in Chapter 3:

state heading in the following edition:

"3. Procedure of licensing";

state Item 14 in the following edition:

"14. For receipt of the license the authorized organization submits in branch of National Bank the application on receipt of the license for the organization of exchange transactions with foreign currency in the form established by appendix 2-1 to Rules, the documents provided by subitems 2), 6) of Item 2 of article 42 of the Law of the Republic of Kazakhstan of January 11, 2007 "About licensing", subitems 8), 9) of article 10 of the Law.

For receipt of the electronic license the specified documents are submitted through the web portal of "the electronic government" in electronic form, certified by the digital signature of official or other authorized person of authorized organization.";

state Items 16 and 17 in the following edition:

"16. As the document confirming compliance of authorized organization to qualification requirement it is represented:

1) in case of receipt of the license - the document of bank of the second level confirming availability on the bank account of authorized organization of money in the amount of determined by Item 15 of Rules;

2) in case of registration of additional exchange point (additional exchange points) the document of bank of the second level issued not earlier than 30 (thirty) calendar days before date of the request for the registration certificate of exchange point and confirming increase in the authorized capital at the expense of money contributions to the size conforming to qualification requirement taking into account additional exchange points.

If at the time of registration of additional exchange points the branch of National Bank has the documents confirming compliance of authorized organization to qualification requirement taking into account the opened exchange points, the document provided by the subitem 2) of this Item is not submitted.

17. The license for the organization of exchange transactions with foreign currency is granted in time, stipulated in Item 4 articles 6 of the Law, in the form established by appendix 3 to Rules.

The refusal in licensing is made in cases, stipulated in Item the 5th article 6 of the Law.";

add with Item 21-1 of the following content:

"21-1. Electronic state services in issue, renewal and voluntary return of the electronic license appear in the terms established by Rules and procedure through the web portal of "the electronic government" according to the Law of the Republic of Kazakhstan of January 11, 2007 "About informatization".";

in Chapter 4:

state heading in the following edition:

"4. Procedure of registration of exchange points";

state Items 26 and 27 in the following edition:

"26. The following requirements are imposed to exchange point of the legal entity having the right to the organization of exchange transactions with foreign currency (its branch):

availability of the cashier (cashiers) of the exchange point which had (had) training on work with cash foreign currency, or having (having) work experience with cash foreign currency at least 6 (six) months;

availability in exchange point of technical means for determination of authenticity of the bank notes providing check of banknote in ultra-violet light (control of luminescence of paper and other) and check of banknote on availability of magnetic tags;

compliance of the room of exchange point to the requirements established by the resolution of Board of National Bank of the Republic of Kazakhstan of May 28, 2007 No. 56 "About approval of Requirements for the organization of protection and to the device of premises of banks of the second level and the organizations performing separate types of banking activities", registered in the Register of state registration of regulatory legal acts at No. 4817.

Survey of exchange points of authorized organizations on compliance to requirements imposed to technical equipment of their rooms is carried out by branch of National Bank before registration of exchange point.

27. As the documents confirming compliance of exchange point to requirements, stipulated in Item 26 Rules are represented:

the original or notarially attested copy of the document confirming passing by the cashier of special preparation on work with cash foreign currency, either the original or notarially attested copy of the document, stipulated by the legislation the Republic of Kazakhstan about work and confirming labor activity of the worker at least six months as the cashier on work with cash foreign currency;

the copy of the document (documents), determining (determining) characteristic technical means for determination of authenticity of bank notes.";

state Item 29 in the following edition:

"29. For registration of exchange point the legal entity having the right to the organization of exchange transactions with foreign currency (its branch) represents to branch of National Bank in the place of the stay documents according to subitems 1), 4) and 8) of article 10 of the Law.

As the documents confirming the applicant's compliance to the requirements established by regulatory legal acts of National Bank the documents determined by Item 27 of Rules are submitted.

The branch of the legal entity having the right to the organization of exchange transactions with foreign currency represents to branch of National Bank in the place of the stay in addition to the documents specified in parts one and the second this Item, the following documents:

the copy of the certificate on accounting registration of branch (for authorized banks);

the copy of the license of National Bank for the organization of exchange transactions with foreign currency (for authorized organizations);

the copy of regulations on branch with mark of judicial authorities about accounting registration and (or) re-registration or with appendix of the document confirming the fact of the notice of judicial authorities on the made changes and additions in regulations on branch.";

state Item 32 in the following edition:

"32. When closing exchange point, including in case of its movement attracting address modification of the location, the legal entity having the right to the organization of exchange transactions with foreign currency (its branch) within 10 (ten) working days from closing date (movement) in writing notifies branch of National Bank on the made decision and returns originals of registration certificates.";

in Chapter 5:

state heading in the following edition:

"5. Carrying out and reflection of exchange transactions of the automated exchange point";

to state part one of Item 41 in the following edition:

"41. The exchange transactions performed through the automated exchange point for each number of calendar month are reflected according to the procedure, provided by Rules, in the magazine of registers of the purchased and sold cash foreign currency constituted in the form established by appendix 5 to Rules (further - the magazine of registers).";

in Chapter 6:

state heading in the following edition:

"6. Conditions and procedure for functioning of exchange points";

state Items 44 and 45 in the following edition:

"44. In each exchange point in available to review clients the place the following information is placed:

1) the copy of the registration certificate in the state and Russian languages;

2) operating mode of exchange point;

3) the information stand for clients (the size is at least 0, meters in height and 0,4 of meters in width) containing data on buying rate and selling rate of cash foreign currency for the tenges established for each foreign currency with which the exchange point performs operations on purchase and sale;

4) the copy of the license for the organization of exchange transactions with foreign currency in the state and Russian languages, except as specified, when receipt of the license is not required according to legal acts of the Republic of Kazakhstan;

5) information for clients of exchange point containing data on the branch of National Bank exercising control of activities of exchange point and to which claims in the presence of notes to work of this exchange point, in the form established by appendix 6 to Rules go;

6) the copy of regulatory legal act of the National Bank setting buying rate variation limits from the selling rate of foreign currency for tenge on the transactions which are carried out through exchange points during operation of such act;

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