RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of August 31, 2016 No. 215

About approval of Rules of the organization of activities of payment institutes

According to the subitem 33) of paragraph two of part two of Item 19 of the Regulations on National Bank of the Republic of Kazakhstan approved by 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" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of the organization of activities of payment institutes.

2. To department of payment systems (Ashykbekov E. T.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of this resolution in the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan":

on official publication in information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

for inclusion in the State register of regulatory legal acts of the Republic of Kazakhstan, Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of its state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication.

3. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide the direction of this resolution on official publication in periodic printing editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Pirmatov G. O.

5. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 215

Rules of the organization of activities of payment institutes

Chapter 1. General provisions

1. These rules of the organization of activities of payment institutes (further – Rules) are developed according to the subitem 33) of paragraph two of part two of Item 19 of the Regulations on National Bank of the Republic of Kazakhstan approved by 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" and determine procedure for the organization of activities of payment institutes.

The procedure for the organization of activities of payment institutes includes accounting registration of payment institutes in National Bank of the Republic of Kazakhstan (further – National Bank), maintaining the register of payment institutes by National Bank (further – the register), rendering payment services payment institutes, the notification payment institutes about opening of branches, requirements to program technical means of payment institutes and management system of cyber security.

2. In Rules the concepts provided by the Law of the Republic of Kazakhstan "About payments and payment systems" (further – the Law on payments and payment systems), and the following concepts are used:

1) cyber security – condition of security of digital objects from violation of their confidentiality, integrity or availability;

2) cyber security threat – set of the conditions and factors creating premises to emergence of incident of cyber security;

3) ensuring cyber security – the process directed to maintenance of condition of confidentiality, integrity and availability of data assets of payment institute;

4) data asset of payment institute – set of information and the object of digital infrastructure used for its storage and (or) processing;

5) digital infrastructure of payment institute (further – digital infrastructure) – set of the objects of digital infrastructure intended for ensuring functioning of the technological circle for the purpose of forming of digital resources and provision of access to them;

6) information on cyber security incidents, including data on violations, failures in digital systems – information about separately or serially arising failures in work of digital infrastructure or its separate objects creating threat to their proper functioning and (or) conditions for illegal obtaining, copying, distribution, modification, destruction or blocking of digital resources of payment institute;

7) cyber security incident – event or set of the events which are negatively influencing cyber security of digital object;

8) perimeter of protection of digital infrastructure – set of the software and hardware separating digital infrastructure of payment institute external information networks and providing protection against cyber security threats.

3. The payment institute in the presence of the registration number of accounting registration of payment institute assigned by National Bank (further - registration number) renders the following types of payment services:

1) services in acceptance of cash for implementation of payment without opening of the bank account of the sender of money;

2) services in realization (distribution) of electronic money and payment cards;

3) services in acceptance and payment processing, made with use of electronic money;

4) services in payment processing, initiated by the client electronically, and transfer of necessary information to bank, branch of nonresident bank of the Republic of Kazakhstan, the organization performing separate types of banking activities for implementation of payment and (or) transfer or acceptance of money on these payments.

Chapter 2. Accounting registration of payment institutes in National Bank

4. For passing of accounting registration in National Bank the payment institute represents to National Bank through the web portal of "the digital government" the statement in form according to appendix 1 to Rules containing including the information about the head (members) of executive body of payment institute (with application of copies of the diploma (diplomas) and the document confirming labor activity of the head (member) of executive body of payment institute according to the Labor code of the Republic of Kazakhstan.

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