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JOINT ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 21, 2017 No. 18, on February 22, 2017 No. 127

About approval of Rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

(as amended on 05-11-2019)

For the purpose of realization of Item 5 of article 16-2 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" PRIKAZYVAYEM:

1. Approve the enclosed Rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.

2. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan:

1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this joint order the direction it the copy 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 for official publication in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this joint order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan and the Ministry of Finance of the Republic of Kazakhstan.

3. To impose control of execution of this joint order on chairmen of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan and Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan.

4. This joint order becomes effective after ten calendar days after day of its first official publication.

Attorney-General of the Republic of Kazakhstan

February 21, 2017

__________ Zh. Asanov

Minister of Finance of the Republic of Kazakhstan

February 22, 2017

_________ B. Sultanov

No. 18, No. 127 are approved on February 22, 2017 by the joint Order of the Attorney-General of the Republic of Kazakhstan and the Minister of Finance of the Republic of Kazakhstan of February 21, 2017

Rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

Chapter 1. General provisions

1. These rules of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - Rules) determine procedure and the bases of receipt of information from information exchange system of law enforcement, special state bodies and other bodies (further - SIO PSO) employees of authorized body by financial monitoring (further - users).

Chapter 2. Procedure for receipt of information from SIO PSO

2. The user, according to Item 1 of article 16-1 of the Law of the Republic of Kazakhstan of December 22, 2003 "About the state legal statistics and special accounting" acquires right of access to services according to appendix 1 to these rules.

3. The user sends to the operator of SIO PSO - to Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - KPSISU) the request for the organization of access to SIO PSO (further - the request) in form, according to appendix 2 to these rules.

The request goes the user in electronic form through the SIO PSO portal.

The request is signed by the EDS of the user with attachment of the scanned its copy signed on paper with own hand and the head of authorized body on financial monitoring the confirmed seal.

4. The representative of SIO PSO who is responsible for operability of system (further - the administrator) checks the request and within a day from the date of receipt of request registers the user in SIO PSO, or directs the motivated refusal in registration signed by means of the digital signature of National certification center (further - the EDS of NUTs) registered in KPSISU by means of the SIO PSO portal. The operator of SIO PSO does not register and does not provide to the user access to SIO PSO if the data specified in the request are incomplete.

5. Registration is performed according to the list of cast of SIO PSO on the bases, according to appendix 3 to these rules (further - the List).

6. In case of dismissal, the user with own hand signs on paper the request for blocking and sends through the SIO PSO portal its scanned version signed to own EDSs of NUTs.

The SIO PSO administrator in case of receipt of the request from the official of authorized body on financial monitoring on blocking of the user Sistema without delay blocks access for this user.

7. For receipt of information condition is availability at the user of SIO PSO of the basis, and also registration in SIO PSO according to the List.

8. Use of SIO PSO is possible in case of observance of the requirements to users and personal computers stated in annex 4 to these rules.

9. In case of primary entrance the user signs means of the EDS of NUTs the Agreement on rights to use of SIO PSO on form according to appendix 5 to these rules. The signed agreement and signature date are fixed in SIO PSO.

10. Work in SIO PSO begins with passing by the user of SIO PSO of the procedure of authentication which is performed by means of the EDS of NUTs of the user.

11. The user of SIO PSO who successfully underwent authentication and in the presence of the signed agreement electronically gets access to SIO PSO, and possibility of sending request on services available to it.

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