ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 15, 2018 No. 193

About approval of Rules of implementation of detention (suspension) of the cash and (or) monetary instruments moved through customs border of the Eurasian Economic Union in case of receipt of information provided by law enforcement agencies and (or) authorized body about possible participation in laundering of income gained in the criminal way and to terrorism financing

According to the subitem 14) of Item 1 of article 13 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" I ORDER:

1. Approve Rules of implementation of detention (suspension) of the cash and (or) monetary instruments moved through customs border of the Eurasian Economic Union in case of receipt of information provided by law enforcement agencies and (or) authorized body about possible participation in laundering of income gained in the criminal way and to terrorism financing.

2. To committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (Tengebayev A. M.) in the procedure established by the legislation to provide:

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

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages 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 and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

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

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of February 15, 2018 No. 193

Rules of implementation of detention (suspension) of the cash and (or) monetary instruments moved through customs border of the Eurasian Economic Union in case of receipt of information provided by law enforcement agencies and (or) authorized body about possible participation in laundering of income gained in the criminal way and to terrorism financing

Chapter 1. General provision

1. These rules of implementation of detention (suspension) of the cash and (or) monetary instruments moved through customs border of the Eurasian Economic Union (further – EEU), in case of receipt of information provided by law enforcement agencies and (or) authorized body on financial monitoring about possible participation in laundering of income gained in the criminal way and to terrorism financing (further – Rules) are developed according to the subitem 14) of Item 1 of article 13 of the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" and determine rules of implementation of detention (suspension) of the cash and (or) monetary instruments moved through customs border of EEU in case of receipt of information provided by law enforcement agencies and (or) authorized body about possible participation in laundering of the income received in the criminal way and to terrorism financing.

Chapter 2. Detention procedure

2. Bodies of state revenues in interaction with law-enforcement and authorized body on financial monitoring take measures for counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing by detention of cash and (or) monetary instruments through customs border of EEU based on information provided by law enforcement agencies and (or) authorized body on financial monitoring.

3. Bodies of state revenues perform detention of cash and (or) monetary instruments with use of the data declared in the passenger customs declaration according to the customs legislation of EEU and the Republic of Kazakhstan.

4. During detention of cash and (or) monetary instruments bodies of state revenues are guided by the Agreement on counteraction of legalization (washing) of the income gained in the criminal way, and to financing of terrorism when moving cash and (or) monetary instruments through customs border of the Customs union ratified by the Law of the Republic of Kazakhstan "About ratification of the Agreement on counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism when moving cash and (or) monetary instruments through customs border of the Customs union".

Paragraph 1. Storage of the withdrawn cash and (or) monetary instruments and detention terms

5. For storage of the withdrawn cash and (or) monetary instruments in territorial authorities of state revenues special rooms with racks, metal door with the sealing device, natural or artificial ventilation, barred windows, with systems of the security and fire alarm are equipped. In the absence of such room the safe (metal case) with the sealing device or other room providing reliable storage of the withdrawn cash and (or) monetary instruments and excluding access for strangers to them is allocated.

6. The withdrawn cash and (or) monetary instruments are located on storage in sealed type.

At the same time, in the Register of the withdrawn cash and (or) monetary instruments (further – the Magazine) in form according to appendix 1 to these rules the corresponding mark becomes.

7. The face responsible for storage of the withdrawn money and (or) monetary instruments, and its replacement (on absence period), are appointed by the order of the head of territorial authority of state revenues.

Paragraph 2. Transfer of cash and (or) monetary instruments to law enforcement agencies and (or) the authorized body on financial monitoring which provided the relevant information or return to their person, moving cash and (or) monetary instruments

8. Transfer by bodies of state revenues of the withdrawn money and (or) monetary instruments to law enforcement agencies and (or) authorized body on the financial monitoring which provided the relevant information is performed based on request of law enforcement agency and (or) authorized body on financial monitoring and made in the presence of person responsible for their storage, according to the Deed of conveyance of the detained (suspended) cash and (or) monetary instruments in form according to appendix 2 to these rules, in duplicate.

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