RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2018 No. 294

About approval of Rules of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan

According to subitem 59-1) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and part three of Item 5 of article 10 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan (further - Rules).

2. Recognize invalid regulatory legal acts of the Republic of Kazakhstan, and also structural elements of some regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix to this resolution.

3. To department of paying balance and currency control (Kuandykov A. A.) 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) within ten calendar days from the date of state registration of this resolution its direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts 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) within ten working days after state registration of this resolution submission to Legal department of data on execution of the actions provided by subitems 2), 3) of this Item and item 4 of this resolution.

4. To management on consumer protection of financial services and external communications (Terentyev A. L.) provide within ten calendar days after state registration of this resolution the direction it to the copy on official publication in periodic printing editions.

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

6. This resolution is subject to official publication and becomes effective since July 1, 2019, except for the subitem 6) of Item 6 of Rules which becomes effective since January 1, 2020.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of November 29, 2018 No. 294

Rules of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan (further – Rules) are developed according to subitem 59-1) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and part three of Item 5 of article 10 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" and determine procedure for monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan and uses of the secured foreign currency, and also form and terms of submission of reports for its implementation are more whole.

2. Monitoring of sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan and the purposes of use of the secured foreign currency is performed by means of information collection about transactions of banks of the second level, Development Bank of Kazakhstan joint-stock company, Kazpochta joint-stock company (further - banks), the professional participants of the security market having the license for the exchange transactions with foreign currency which are not banks (further - professional participants) and their clients in the domestic foreign exchange market, movement of money according to bank accounts of clients and money transfers without opening and (or) use of the bank account in foreign currency.

3. Reports on sources of the demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan and to the purposes of use of the secured foreign currency (further - reports) are submitted by banks and professional participants.

4. For the purposes of Rules physical resident persons and nonresidents, including the subjects performing business activity without formation of legal entity and also legal resident persons and nonresidents, not being banks, including their branches and representations for which in this bank bank accounts are opened treat clients of bank.

For the purposes of Rules physical resident persons and nonresidents, including the subjects performing business activity without formation of legal entity and also legal resident persons and nonresidents, not being banks, including their branches and representations with which this professional participant signs contracts on rendering broker services treat clients of the professional participant.

5. In case of creation of reports classification of transactions is performed according to the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 203 "About approval of Rules of application of codes of sectors of economy and purpose of payment", registered in the Register of state registration of regulatory legal acts at No. 14365, taking into account the disaggregation provided by report forms.

Chapter 2. Forms and terms of submission of reports

6. Reports are submitted in electronic format in central office of National Bank of the Republic of Kazakhstan (further - National Bank) and include:

1) the summary report on movement of money in foreign currency according to bank accounts of clients and the translations without opening and (or) use of the bank account in the form intended for collection of administrative data according to appendix 1 to Rules;

2) the report on purchase (sale) of foreign currency by bank and its clients on the form intended for collection of administrative data according to appendix 2 to Rules;

3) the report on movement of money on bank accounts of clients in foreign currency in the form intended for collection of administrative data according to appendix 3 to Rules;

4) the operations statement of clients of bank with large purchasing amounts of foreign currency in the form intended for collection of administrative data according to appendix 4 to Rules;

5) the report on purchase (sale) of foreign currency by the professional participant of the security market having the license for exchange transactions with foreign currency, not being bank, in the form intended for collection of administrative data according to appendix 5 to Rules;

6) the report on movement of cash foreign currency on the form intended for collection of administrative data according to appendix 6 to Rules.

7. Reports of bank are submitted in general on system of bank on the basis of information on all bank accounts of clients and money transfers without opening and (or) use of the bank account in foreign currency, and also the data on transactions between clients of one bank and to money transfers according to bank accounts in foreign currency of one client.

The report of the professional participant reflects purchasing amounts and sales of foreign currency by the professional participant and the number of the clients who performed purchase transactions and sales of foreign currency.

8. Banks monthly submit in National Bank the reports provided by subitems 1), 2), 3), 4) and 6) of Item 6 of Rules till 10 (tenth) (inclusive) the month following the accounting period.

Professional participants monthly submit in National Bank the report provided by the subitem 5) of Item 6 of Rules till 10 (tenth) (inclusive) the month following the accounting period.

9. If the last day of term of submission of reports falls on non-working day, the working day following it is considered day of the termination of term of submission of reports.

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