ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 10, 2015 No. 643, on December 19, 2015 No. 225

About modification and amendments in some orders of the Minister of Finance of the Republic of Kazakhstan and the resolution of Board of National Bank of the Republic of Kazakhstan

For the purpose of implementation of the Law of the Republic of Kazakhstan of August 2, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" the Minister of Finance of the Republic of Kazakhstan ORDERS and the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the list of some orders of the Minister of Finance of the Republic of Kazakhstan and resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and additions, according to appendix to the presents to the order and the resolution are made.

2. (Tadzhiyakov B. Sh.) in the procedure established by the legislation to provide to committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan:

1) state registration of the presents of the order and resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of the presents of the order and the resolution their direction on official publication in periodic printing editions and information system of law of Ad_let;

3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information the Ministry of Justice of the Republic of Kazakhstan" for placement in Etalonnam control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of the presents of the order and resolution on Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. These order and the resolution become effective after ten calendar days after day of the first official publication.

Minister of Finance of the Republic of Kazakhstan "___" __________ 20 __ year

_____________ B. Sultanov

Chairman of National Bank of the Republic of Kazakhstan "___" __________ 20 __ year

__________ D. Akishev

Appendix

to the Order of the Minister of Finance of the Republic of Kazakhstan and the Resolution of Board of National Bank of the Republic of Kazakhstan of December 10, 2015 No. 643, on December 19, 2015 No. 225

The list of some orders of the Minister of Finance of the Republic of Kazakhstan and resolutions of Board of National Bank of the Republic of Kazakhstan to which changes and additions are made

1. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of November 26, 2014 No. 518 and the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014 No. 236 "About approval of Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism for the organizations performing the separate types of banking activities, except for the operator of interbank money transfer system, and the microfinancial organizations" (registered in the Register of state registration of regulatory legal acts at No. 10215, published in information system of law of Ad_let on February 27, 2015) the following changes and amendments:

in Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for the organizations performing separate types of banking activities, except for the operator of interbank money transfer system, and the microfinancial organizations approved specified by the order and the resolution:

3) of Item 15 to state the subitem in the following edition:

"3) foreign states (territories) included in the list of offshore zones for the purposes of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing", No. 52 approved by the order of the acting minister of finance of the Republic of Kazakhstan of February 10, 2010 "About approval of the List of offshore zones for the purposes of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing" (registered in the Register of state registration of regulatory legal acts at No. 6058);";

in appendix 1:

Explanations to Requirements to contents of the file of the client to add with Item 3 following of content:

"3. Data on migratory cards are not required to be received concerning citizens of the states entering into the Eurasian Economic Union.";

in appendix 2:

Explanations to Requirements to contents of the file of the client to add with items 4 and 5 following contents:

"4. Data on migratory cards are not required to be received concerning citizens of the states entering into the Eurasian Economic Union.

5. The information about staff of the supreme body of the commercial organization turns out concerning the physical and (or) legal entities who are part of the supreme body and owning more than twenty five percent of shares in the authorized capital or placed shares of the commercial organization. Receipt of information about staff of the supreme body of the commercial organization concerning the physical and (or) legal entities who are part of the supreme body and owning twenty five and less percent of shares in the authorized capital or placed shares of the commercial organization is allowed.

Information about staff of the supreme body of non-profit organization turns out concerning the physical and (or) legal entities who are part of the supreme body or being founders of non-profit organization, except as specified when the number of members of the supreme body or the number of founders of non-profit organization exceeds five physical and (or) legal entities.".

2. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of November 26, 2014 No. 519 and the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014 No. 237 "About approval of Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism for stock exchange" (registered in the Register of state registration of regulatory legal acts at No. 10207, published in information system of law of Ad_let on February 27, 2015) the following changes:

in Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of the income gained in the criminal way, and to financing of terrorism for stock exchange approved specified by the order and the resolution:

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

"1) freezing of transactions with money and (or) other property – measures concerning money and (or) other property belonging to the organization and (or) physical person included in the list of the organizations and faces tied with financing of terrorism and extremism, or the organization which beneficial owner is such physical person, accepted by suspension of account transactions according to the bank account (bank accounts) of the client;";

3) of Item 15 to state the subitem in the following edition:

"3) foreign states (territories) included in the list of offshore zones for the purposes of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing", No. 52 approved by the order of the acting minister of finance of the Republic of Kazakhstan of February 10, 2010 "About approval of the List of offshore zones for the purposes of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing" (registered in the Register of state registration of regulatory legal acts at No. 6058);";

7) of Item 32 to state the subitem in the following edition:

"7) order of interaction of divisions (workers) of stock exchange on identification of the clients and beneficial owners who are in the List and also on immediate freezing of transactions with money and (or) other property of such clients;";

state appendix in edition according to appendix 1 to this List.

3. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of November 26, 2014 No. 520 and the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014 No. 239 "About approval of Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism for the single accumulation pension fund and the Voluntary accumulation pension funds" (registered in the Register of state registration of regulatory legal acts at No. 10216, published in information system of law of Ad_let on February 27, 2015) the following changes and amendments:

in Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for the single accumulation pension fund and the Voluntary accumulation pension funds approved specified by the order and the resolution:

3) of Item 16 to state the subitem in the following edition:

"3) foreign states (territories) included in the list of offshore zones for the purposes of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing", No. 52 approved by the order of the acting minister of finance of the Republic of Kazakhstan of February 10, 2010 "About approval of the List of offshore zones for the purposes of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing" (registered in the Register of state registration of regulatory legal acts at No. 6058);";

1) of Item 24 to state the subitem in the following edition:

"1) in case of establishment of business relations within the pension provision agreement at the expense of compulsory pension contributions or compulsory professional pension contributions;";

in appendix 1:

Explanations to Requirements to contents of the file of the client to add with item 4 of the following content:

"4. Data on migratory cards are not required to be received concerning citizens of the states entering into the Eurasian Economic Union.";

in appendix 2:

Explanations to Requirements to contents of the file of the client to add with Items 5 and 6 of the following content:

"5. Data on migratory cards are not required to be received concerning citizens of the states entering into the Eurasian Economic Union.

6. The information about staff of the supreme body of the commercial organization turns out concerning the physical and (or) legal entities who are part of the supreme body and owning more than twenty five percent of shares in the authorized capital or placed shares of the commercial organization. At the discretion of fund receipt of information about staff of the supreme body of the commercial organization concerning the physical and (or) legal entities who are part of the supreme body and owning twenty five and less percent of shares in the authorized capital or placed shares of the commercial organization is allowed.

Information about staff of the supreme body of non-profit organization turns out concerning the physical and (or) legal entities who are part of the supreme body or being founders of non-profit organization, except as specified when the number of members of the supreme body or the number of founders of non-profit organization exceeds five physical and (or) legal entities.".

4. Bring in the order of the Minister of Finance of the Republic of Kazakhstan of November 26, 2014 No. 521 and the resolution of Board of National Bank of the Republic of Kazakhstan of December 24, 2014 No. 235 "About approval of Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism for banks of the second level and the National operator of mail" (registered in the Register of state registration of regulatory legal acts at No. 10212, published in information system of law of Ad_let on February 27, 2015) the following changes and amendments:

in Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for the banks of the second level and the National operator of mail approved specified by the order and the resolution:

state Item 2 in the following edition:

"2. If Requirements do not provide other, then the concepts applied in Requirements are used in the values specified in the Law on POD/FT.

For the purposes of Requirements the following basic concepts are used:

1) freezing of transactions with money and (or) other property – measures concerning money and (or) other property belonging to the organization and (or) physical person included in the list of the organizations and faces tied with financing of terrorism and extremism, or the organization which beneficial owner is such physical person, accepted in the way:

suspensions of account transactions according to the bank account (bank accounts) of the client;

blockings of securities of the client in system of accounting of nominal continence;

refusal of execution (blocking) of orders (orders) of the client on making of account transactions (accounts) of the client for accounting of the assets transferred on custodial servicing;

refusal in carrying out and (or) suspensions of account transactions on the metal account (the metal accounts) of the client (in the form of return, removals, write-offs from the account or transfer of the affined precious metals into other account or issues of money as a result of transaction of purchase and sale of the affined precious metals);

suspensions of execution of instructions of the client for payment or money transfer without use of the bank account;

blockings of e-wallet;

refusal in carrying out and (or) suspensions of other transactions with money and (or) other property made by the client for the purpose of restriction of access for the client to financial resources, including refusal in access to safe storage;

2) unusual transaction (transaction) - transaction (transaction) which is subject to obligatory studying according to item 4 of article 4 of the Law on POD/FT taking into account the signs approved by the Government of the Republic of Kazakhstan and developed by bank of the second level or the National operator of mail (further - bank) independently;

3) one-time transaction (transaction) - the relations on provision by bank to the client of the following services (products):

purchase, sale or exchange of the client of cash foreign currency through exchange point;

implementation by the client or receipt in its advantage of cashless payment or money transfer without use of the bank account;

check payment of the payee by bank;

accounting of the bill of exchange of the bill holder by bank;

introduction of money for the bank account of physical person by means of the equipment (device) intended for acceptance of cash;

implementation of transactions by means of the payment card which is not access facility to the bank account;

repayment of electronic money to not identified owner of electronic money;

4) risks of OD/FT - risks of deliberate or inadvertent involvement of bank in processes of OD/FT or other criminal activities;

5) risk management of OD/FT - set of the measures for identification, assessment, monitoring of risks of OD/FT, and also their minimization taken by bank (concerning products/services, clients, and also made by clients of transactions);

6) threshold transaction - the transaction with money and (or) other property which is subject to financial monitoring according to article 4 of the Law on POD/FT and equal or exceeding the threshold amount established by the Law on POD/FT;

7) the account - method of reflection of the business relations between bank and the client providing implementation by bank of acceptance, accounting and storage of assets of the client including money, securities and other financial instruments, precious metals and gemstones, except for the relations on provision by bank to the client in lease of safe deposit box;

8) business relations - the relations on provision by bank to the client of services (products) relating to financial activities and financial services, except for services (products) relating to one-time transactions (transactions).";

3) of Item 16 to state the subitem in the following edition:

"3) foreign states (territories) included in the list of offshore zones for the purposes of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing", No. 52 approved by the order of the acting minister of finance of the Republic of Kazakhstan of February 10, 2010 "About approval of the List of offshore zones for the purposes of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing" (registered in the Register of state registration of regulatory legal acts at No. 6058);";

state Item 17 in the following edition:

"17. Services (products, transactions) of bank, and also the methods of their provision subject to high risk of OD/FT include, but are not limited:

1) remote customer service (transactional and bank electronic services), including servicing by means of personal computers, phones, electronic terminals;

2) personal bank customer service;

3) payments and (or) money transfers without use of the bank account;

4) trade financing;

5) safe services (lease of safe deposit boxes, safe custody in safe storages);

6) property trust management;

7) broker servicing in the international markets;

8) custodial servicing;

9) electronic money if the emitting bank is not operator of the corresponding electronic payment system;

10) pre-paid payment cards;

10-1) corporate payment cards;

11) checks, including travel checks;

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