ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 22, 2016 No. 96

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 determination of suspicious transaction"

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 determination of suspicious transaction" (SAPP of the Republic of Kazakhstan, 2012, No. 80, the Art. 1191) the following changes and amendments:

1) 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 3 in the following edition:

"3. Information provided by the subjects of financial monitoring specified in subitems 1) - 6), 8) - 17) Item 1 of article 3 of the Law, goes to authorized body by electronic method no later than the working day following behind day of making of transaction by means of networks of telecommunications 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" or the web portal of authorized body in the XML format.

Information provided by the subject of financial monitoring specified in the subitem 7) of Item 1 of article 3 of the Law goes to authorized body by electronic method by means of networks of telecommunications 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", the web portal of authorized body in the XML format or on paper no later than the working day following behind day of making and (or) identification of transaction.

In case of representation by the subject of financial monitoring of information by the method which is not provided by parts one and the second this Item, the authorized body returns this information without consideration.

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

state Item 11 in the following edition:

"11. For the purpose of receipt of necessary information the authorized body sends to the subject of financial monitoring inquiry for provision of necessary information, data and documents within the carried-out analysis of the materials registered in the republican database in the field of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing by form according to appendix 7 to these rules, on paper or electronic method.

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

Required information, data and documents 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 8 to these rules according to the procedure determined by Items 3-5 of these rules.

In cases when processing of the inquiry sent the basis of part three of Item 3-1 of article 10 of the Law requires extra time, the subject of financial monitoring sends the appeal on the e-mail address of authorized body placed on official Internet resource of authorized body about prolongation of term of request no more than for ten working days in form according to appendix 10 to 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:

in line, sequence number 1.5:

in column 3:

exclude Item 3;

add item 4 with subitem 4.5 of the following content:

"4.5. Social payments and obligatory payments in the budget";

5, 6 and 7 to exclude Items;

in explanations on filling of the FM-1 form:

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

the nineteenth to state the paragraph in the following edition:

"2. Suspicious transaction" - is specified in cases:

if the subject of financial monitoring has suspicions that the money and (or) other property used for its making are the income from criminal activities, or transaction is directed to legalization (washing) of income gained in the criminal way or financing of terrorism or other criminal activities;

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