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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of August 31, 2016 No. 211

About approval of Rules of functioning of system of interbank clearing

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of July 26, 2016 "About payments and payment systems", for the purpose of establishment of procedure for functioning of system of interbank clearing the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of functioning of system of interbank clearing.

3. 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.

4. 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.

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

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

Chairman of National Bank

D. Akishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 211

Rules of functioning of system of interbank clearing

Chapter 1. General provisions

1. These rules of functioning of system of interbank clearing (further - Rules) are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" (further - the Law on National Bank), of July 26, 2016 "About payments and payment systems" (further - the Law on payments and payment systems) and determine procedure for functioning of system of interbank clearing (further - system) which operator is the National Bank of the Republic of Kazakhstan (further - National Bank). The operational center of system is the republican state company on the right of economic maintaining "The Kazakhstan center of interbank calculations of National Bank of the Republic of Kazakhstan" (further - the Center).

2. The system is the payment system intended for implementation of payments and (or) money transfers between her participants by multilateral clearing of instructions of participants.

Money transfer by results of clearing in system is made with use of money of her participants in interbank money transfer system (further - interbank system).

3. In Rules the concepts provided by the Law on payments and payment systems, the Law of the Republic of Kazakhstan of January 7, 2003 "About the electronic document and the digital signature" and the following concepts are used:

1) auditor trace - consecutive registration of events on processing of electronic messages in system, information on which is saved in system and participants of system;

2) authentication - package of measures for confirmation of authenticity of participants of system in case of exchange of payment and information messages, and also authenticity of payment and information messages;

3) system software and hardware complex - the technical, program or other means which are ensuring system operation, including information system, servers and terminals of system, means of communication (data transmission);

4) priority code - the code determining priority of processing of payment messages in system. The code of priority is assigned for the payment message by the participating sender;

5) debit transfer - money transfer in case of which the participating initiator is participating beneficiary;

6) the debit payment message - the payment message initiating the debit translation, containing the requirement to the participating sender of money about payment of certain amount of money;

7) the participant of system (further - the participant) - person which signed the contribution agreement in system and also National Bank;

8) line item of the participant in system (further - line item of the participant) - the line item intended for accounting of amount of money of the participant of the system transferred by it from the correspondent account in tenge opened in National Bank for implementation of payments and money transfers through system;

9) systemic risk - the risk of default on obligations of one or several participants of one or several money transfers caused by default on obligations of one or several participants;

10) debit queue of the participant - consecutive number of the unexecuted payment messages which are in system for certain date according to monetary commitments of this participant in relation to other participants;

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