PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of October 6, 2014 No. 923

About modification and amendments 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"

According to the subitem 1) of Item 2 of article 17-1 of the Constitutional law of the Republic of Kazakhstan of December 26, 1995 "About the President of the Republic of Kazakhstan" I DECIDE:

1. Bring 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; 2011, No. 29, Art. 352; No. 34, Art. 408; No. 52, Art. 710; 2013, No. 8, Art. 169; No. 30, Art. 455; 2014, No. 3, Art. 17) following changes and amendment:

in Regulations on the National Bank of the Republic of Kazakhstan approved by the above-named Decree:

third of Item 3 to state part in the following edition:

"National Bank of Kazakhstan, being guided by the Message of the Head of state to the people of Kazakhstan of December 14, 2012 "Strategy Kazakhstan-2050: the new political policy of the taken place state", 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.";

in item 4:

state part one in the following edition:

"4. The National Bank of Kazakhstan is legal entity in form of business of republican public institution, has separate balance and together with the branches, representations and the organizations constitutes single centralized structure with the vertical scheme of subordination.";

the seventeenth to state part in the following edition:

"Other questions connected with internal activities of National Bank of Kazakhstan are established by regulations of work of National Bank of Kazakhstan, regulations on structural divisions and other legal acts of National Bank of Kazakhstan.";

state Item 15 in the following edition:

"15. 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) assistance to ensuring stability of financial system;

5) regulation, control and supervision of the financial market and the financial organizations, and also other persons within competence;

6) ensuring proper level of protection of the rights and legitimate interests of consumers of financial services;

7) implementation of statistical activities in the field of monetary statistics and statistics of the external sector;

8) other tasks according to the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.";

17, of 18, 19 and 20 to state Items in the following edition:

"17. Main functions of National Bank of Kazakhstan:

Develops 1) and pursues the state monetary policy of the Republic of Kazakhstan;

2) considers offers of the central authorized body on budget implementation in case of development and realization of policy of the state borrowing, forming of budget policy on issues, connected with monetary policy of the state;

3) approves monthly amounts of release of government securities and repayment of public debt of the Government of the Republic of Kazakhstan taking into account their impact on liquidity of bank system and priorities of monetary policy, condition of the admission of the financial organizations to primary placement of the government securities issued according to the decision of the Government of the Republic of Kazakhstan;

4) is performed by regulation of the address of government securities of the Government of the Republic of Kazakhstan and local executive bodies in coordination with the central authorized body on budget implementation;

5) will be organized by cash circulation in the territory of the Republic of Kazakhstan;

6) is performed by bank customer service of National Bank of Kazakhstan;

7) performs functions of bank, the financial adviser, the agent of the Government of the Republic of Kazakhstan and other state bodies under the agreement with them, and also provides other services for the Government of the Republic of Kazakhstan;

8) will organize functioning of payment systems;

9) is provided by asset management in foreign currency and precious metals;

10) exercises trust management by National fund of the Republic of Kazakhstan based on the agreement on trust management which is signed between National Bank of Kazakhstan and the Government of the Republic of Kazakhstan and is published in official publications;

11) exercises trust management of pension assets of the single accumulation pension fund based on the agreement on trust management signed between National Bank of Kazakhstan and the single accumulation pension fund;

12) performs functions of custodian concerning pension assets of the single accumulation pension fund;

13) exercises control of target placement of pension assets of the single accumulation pension fund;

14) records all transactions on accumulation of pension assets of the single accumulation pension fund, their placement, receipt of investment revenue;

Buys 15) and sells foreign currency;

16) determines structure of nominals, design of banknotes and coins on the basis of the concept approved by the President of the Republic of Kazakhstan and also necessary quantity of banknotes and coins and provides their production;

17) has banknote issuing privilege and coins, the organization of their address and retirement in the territory of the Republic of Kazakhstan.

Release of banknotes and coins in the address is performed by National Bank of Kazakhstan by means of their sale to physical persons and legal entities;

18) is determined by procedure for sale and the redemption by National Bank of Kazakhstan of investment and collection coins;

19) the procedure for determination of solvency and exchange of the banknotes and coins which were in the use, their withdrawals from the address establishes, storages and destructions;

20) establishes requirements to activities for recalculation, sorting, packaging, storage of banknotes, coins and values, and also their issue to banks and their clients at the request of banks performed by the organizations having the license of National Bank of Kazakhstan for carrying out transaction on collection of banknotes, coins and values;

21) establishes rules of accounting, storage, transportation and collection of banknotes, coins and values, participates in ensuring transportation, storage and collection of banknotes, coins and values;

Appropriates 22), cancels and determines use of bank identification codes, assigns and cancels bank codes and the organizations performing separate types of banking activities, and codes of branches of the banks and organizations performing separate types of banking activities establishes their structure, and also creates and keeps the Reference book of the banks and organizations performing separate types of banking activities;

23) places with itself means of the Government of the Republic of Kazakhstan, makes payments and performs other account transactions of the Government;

Opens 24) and keeps the single treasurer account, accounts in foreign currency of Committee of treasury of the central authorized body on budget implementation;

25) participates in servicing of public debt of the Government of the Republic of Kazakhstan in coordination with it and services public debt of National Bank of Kazakhstan;

Regulates 26) and exercises supervision (oversight) of interbank money transfer system, system of interbank clearing and other payment systems providing carrying out money transfers between users in the Kazakhstani tenge;

27) for the purpose of implementation of supervision (oversight) of payment systems:

performs monitoring of payment systems;

checks the organization and functioning of payment systems;

performs checks of activities of members of payment service providers;

obtains information on questions of payments and money transfers, functioning of payment systems from participants and operators of payment systems;

28) participates in the organization of system of the international (interstate) payments;

Will organize 29), coordinates, regulates implementation of payments and money transfers;

30) establishes payment methods and the money transfers applied in the territory of the Republic of Kazakhstan, the rule and feature of application of payment methods and (or) money transfers, the main requirements to content of instructions;

31) sets types, legal regime and structure of bank accounts, procedure and conditions of opening, maintaining and closing of accounts;

32) adopts the regulatory legal acts aimed at providing efficiency and reliability of functioning of payment systems and implementation of payments and money transfers in the territory of the Republic of Kazakhstan;

33) for the purpose of streamlining of payments and money transfers is established in coordination with the Government of the Republic of Kazakhstan by payment priority according to bank accounts, performed by the banks, the organizations performing separate types of banking activities and subjects of business activity if other is not provided by the laws of the Republic of Kazakhstan;

34) adopts other regulatory legal acts (rules, requirements) concerning payments and money transfers, including the rule of submission of data on payments and money transfers;

35) is established by procedure for carrying out by National Bank of Kazakhstan for transactions on converting / реконвертации foreign currency for clients;

36) is established by procedure for the address of currency values in the Republic of Kazakhstan;

37) is established by procedure residents and nonresidents of currency transactions, including the modes of currency control;

38) threshold value concerning the amount of transaction in case of which exceeding receipt of accounting contract number is required establishes single rules and conditions of receipt of accounting contract numbers by residents on export and import and procedure of export-import currency exchange control for the purpose of ensuring accomplishment by residents of the requirement of repatriation, and also;

39) is established by procedure for licensing of activities for the organization of exchange transactions with cash foreign currency;

40) is established by procedure for opening of exchange points;

41) establishes requirements, including qualification, to implementation of activities for the organization of exchange transactions with cash foreign currency;

42) is established by procedure of registration and the notification on currency transactions, on opening by residents of the Republic of Kazakhstan of foreign bank accounts, and also grants registration certificates and certificates on the notification;

43) sets buying rate variation limits from the selling rate of foreign currency for tenge determines procedure for their establishment by the transactions which are carried out through exchange points and exercises control of their observance;

44) issues special permissions to carrying out currency transactions within the special currency mode;

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