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The document ceased to be valid since November 15, 2020 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of October 7, 2020 No. 643

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2014 No. 1435

About modification and amendments in the order of the Government of the Republic of Kazakhstan of November 23, 2012 No. 1484 "About approval of Rules of representation by subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring and signs of criteria of determination of suspicious transaction"

(as amended of the Order of the Government of the Republic of Kazakhstan of 21.11.2016 No. 717)

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of November 23, 2012 No. 1484 "About approval of Rules of representation by subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring and signs of criteria of determination of suspicious transaction" (SAPP of the Republic of Kazakhstan, 2012, No. 80, the Art. 1191) the following changes and amendments:

Heading to state 1) in the following edition:

"About approval of Rules of representation by subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring and signs of determination of suspicious transaction.";

Preamble to state 2) in the following edition:

"According to Item 3 of Article 4 and Item 2 of article 10 of the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" the Government of the Republic of Kazakhstan DECIDES:";

2) of Item 1 to state the subitem in the following edition:

"2) signs of determination of suspicious transaction.";

3) in Rules of representation by subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring approved by the specified resolution:

state Item 1 in the following edition:

"1. These rules of representation by subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring (further - Rules) are developed according to Item 2 of article 10 of the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of the income received in the criminal way and to terrorism financing" (further - the Law) and establish single procedure for submission by subjects of financial monitoring to authorized body on financial monitoring (further - authorized body) the data and information on the transactions which are subject to financial monitoring.";

state Item 3 in the following edition:

"3. Information provided by electronic method goes the subjects of financial monitoring specified in subitems 1) - 5) and 10) Item 1 of article 3 of the Law, except for legal entities whose exclusive type of activity is the organization of exchange transactions with foreign currency, in authorized body by means of use of electronic communication channels of the Republican state company on the right of economic maintaining "The Kazakhstan center of interbank calculations of National Bank of the Republic of Kazakhstan" in the XML format. Information provided by electronic method goes the subjects of financial monitoring specified in subitems 6) - 9), 11), 12) Item 1 of article 3 of the Law, and also legal entities whose exclusive type of activity is the organization of exchange transactions with foreign currency, in authorized body by means of use of electronic communication channels of the Republican state company on the right of economic maintaining "The Kazakhstan center of interbank calculations of National Bank of the Republic of Kazakhstan" in the XML format or the web portal of authorized body.

The XML format of information provided by electronic method affirms authorized body.";

add with Item 11 of the following content:

"11. For the purpose of receipt of necessary information on the transactions provided earlier by the subject of financial monitoring which is subject to financial monitoring including about suspicious transactions, the authorized body sends to the subject of financial monitoring inquiry for provision of necessary information, data and documents by form, according to appendix of 7 these rules, on electronic or paper carriers.

Required necessary information, data and documents on the transactions which are subject to financial monitoring go subjects of financial monitoring to authorized body in terms, stipulated in Item 3-1 article 10 of the Law, in form, according to appendix of 8 these rules, according to the procedure determined by Items 3-5 of these rules.

In case of receipt of request for provision of necessary information, data and documents on the transactions which are subject to financial monitoring from authorized body by electronic method subjects of financial monitoring send the notice to authorized body in form, according to appendix of 9 these rules.";

in appendix 1 to the specified Rules:

in the form of data and information on the transaction which is subject to financial monitoring (further - the FM-1) form:

1, to state Item 1.5 of line, sequence number in the following edition:

"

1.5

The basis for submission of the message (necessary to emphasize) *

1. It is equal or exceeds the threshold amount

2. Suspicious transaction

3. Attempt of carrying out suspicious transaction

4. Coincidence to the list of the organizations and faces tied with financing of terrorism and extremism:

4.1. Suspension of account transactions according to bank accounts

4.2. Suspension of execution of instructions for payments and transfers without use of the bank account

4.3. Blocking of securities

4.4. Refusal in carrying out other transactions

5. Refusal in establishment of business relations

6. Refusal in carrying out transaction

7. Termination of business relations

";

2, to exclude Item 2.3 of line, sequence number;

4, to state Item 4.7 of line, sequence number in the following edition:

"

4.7

Bank of the participant of transaction

1.1. Branch location:

1.2. Bank name:

1.2.1. Name SDP:

1.3. Code of bank/branch:

1.4. Account number of the participant:

1.5. Data on the correspondent accounts participating in transaction:

1.5.1. Bank location:

1.5.2. Bank name:

";

"4, to exclude Item 4.11 of line, sequence number;

in explanations on filling of the FM-1 form:

in Section 1. "Data on the FM-1 form":

the fourteenth to state the paragraph in the following edition:

"3. It is suspended" - it is specified if the subject of financial monitoring made the decision to suspend the performed operation in case of origin at the subject of financial monitoring of the basis to believe that transaction corresponds to signs of determination of suspicious transactions";

the eighteenth and nineteenth to state paragraphs in the following edition:

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