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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2019 No. 41

About approval of Rules of submission of information by branches (representations) of the foreign non-financial organizations performing activities in the Republic of Kazakhstan

(as amended of the Resolution of Board of National Bank of the Republic of Kazakhstan of 28.02.2022 No. 12)

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", on March 19, 2010 "About the state statistics", on July 2, 2018 "About currency control and currency exchange control" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of submission of information by branches (representations) of the foreign non-financial organizations performing activities in the Republic of Kazakhstan.

2. Declare invalid the resolution of Board of National Bank of the Republic of Kazakhstan of December 31, 2015 No. 263 "About approval of Rules of implementation of monitoring of currency transactions of the nonresidents of the Republic of Kazakhstan performing activities in the territory of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts at No. 13691, it is published on May 25, 2016 in information system of law of Ad_let).

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) and 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.

Chairman of National Bank

E.Dosayev

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Ministry of Foreign Affairs of the Republic of Kazakhstan

 

It is approved

Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan

 

It is approved

Department of Energy of the Republic of Kazakhstan

 

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 41

Rules of submission of information by branches (representations) of the foreign non-financial organizations performing activities in the Republic of Kazakhstan

1. These rules of submission of information by branches (representations) of the foreign non-financial organizations performing activities in the Republic of Kazakhstan (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", on March 19, 2010 "About the state statistics", on July 2, 2018 "About currency control and currency exchange control" (further - the Law) and determine procedure for representation by branches (representations) of the foreign non-financial organizations performing activities in the Republic of Kazakhstan more than one year (further - branches (representations) of information, including forms and terms of submission of reports, and also types of activity when which implementing by branches (representations) submission of reports is required.

2. In Rules the concepts and terms applied in the values specified in the Law are used.

3. The territorial branch of National Bank of the Republic of Kazakhstan (further - territorial branch of National Bank) sends to branch (representation) the written request in any form. The branch (representation) no later than ten working days from the date of receipt of such request represents to territorial branch of National Bank in the place of the stay the report on branch (representation) of the foreign non-financial organization for form according to appendix 1 to Rules.

4. The territorial branch of National Bank on the basis of the acquired information creates the list of branches (representations) providing information on transactions with residents and nonresidents in report form according to Rules (further - the list of branches (representations).

The list of branches (representations) joins branches (representations) performing the following types of activity:

1) production of crude oil, natural and associated gas;

2) construction services;

3) the services connected with mining;

4) architectural, engineering and other technical services;

5) research and development works.

5. The territorial branch of National Bank no later than thirty calendar days from the date of receipt of the report on branch (representation) of the foreign non-financial organization for form according to appendix 1 to Rules informs branch (representation) on inclusion it in the list of branches (representations) and need of submission of reports according to Item 7 of Rules.

The list of branches (representations) is placed on official Internet resource of National Bank of the Republic of Kazakhstan and is staticized in process of change.

6. The branch (representation) included in the list of branches (representations) about changes of the details and indicators provided earlier to parts A "General information" of the report on branch (representation) of the foreign non-financial organization for form according to appendix 1 to Rules sends to territorial branch of National Bank in the place of the stay the written notice in any form.

7. The branch (representation) included in the list of branches (representations) represents to territorial branch of National Bank in the place of the stay the following reports:

1) the report on the projects performed in the Republic of Kazakhstan on form according to appendix 2 to Rules - annually till April fifth (inclusive) the current year;

2) the report on projects implementation in the Republic of Kazakhstan in form according to appendix 3 to Rules - quarterly to the twentieth (inclusive) the first month following reporting quarter;

3) the report on movement of money on bank accounts in foreign banks in form according to appendix 4 to Rules - quarterly to the twentieth (inclusive) the first month following reporting quarter;

4) the report on cost recovery and profit distribution on the production sharing agreement on form according to appendix 5 to Rules - quarterly to the twenty fifth (inclusive) the first month following reporting quarter.

8. The branch (representation) submits in territorial branch of National Bank the reports required according to Rules, on paper or electronic method by means of use of information systems with observance of procedures of confirmation by the digital signature.

The report submitted by different way requires the subsequent confirmation on paper or electronic method by means of use of information systems with observance of procedures of confirmation by the digital signature.

In case of submission of one report different methods are considered date of submission of the report early of dates.

If the term of submission of the report established by Rules expires in non-working day, then the working day following it is considered end date of term of submission of the report. Date of submission of the report day of receipt of the report the addressee on paper is considered in case of representation to couriers or day of departure on postage stamp.

9. The branch (representation) included in the list of branches (representations) at the request of territorial branch of National Bank submits the documents necessary for check of reliability of the submitted reports (the copy of regulations on branch (representation), agreements, invoices, delivery-acceptance certificates, payment orders, and also the financial reporting).

9-1. The branch (representation) included in the list of branches (representations) at the request of National Bank provides forecast information on project implementation, financing and return of financing, other financial production indicators on form and in time, specified in request.

10. In case of availability at branch (representation) of the copy of the decision of territorial subdivision of body of state revenues on suspension of tax statements by the taxpayer, submission of the reports specified in Item 7 of Rules is not required from the date of submission by branch (representation) to territorial branch of National Bank in the place of the finding of the copy of such decision and before the expiration of suspension of submission of tax statements.

11. The branch (representation) is excluded from the list of branches (representations) in case of the termination of implementation of the types of activity specified in part two of item 4 of Rules, removal from accounting registration in judicial authorities, the end of project implementation and/or decrease in dynamics of the indicators received from reports on projects implementation in the Republic of Kazakhstan in form according to appendix 3 to Rules within four quarters in a row.

Appendix 1

to Rules of submission of information by branches (representations) of the foreign non-financial organizations performing activities in the Republic of Kazakhstan

The form intended for collection of administrative data

It is represented: in territorial branch of National Bank of the Republic of Kazakhstan in the location of branch (representation) of the foreign non-financial organization performing activities in the Republic of Kazakhstan more than one year

The form of administrative data is placed on Internet resource: www.nationalbank.kz

Report on branch (representation) of the foreign non-financial organization

Index of form of administrative data: VM_BI_1
Frequency: one-time, at the request of territorial branch of National Bank of the Republic of Kazakhstan
Accounting period: for _________ year
The group of people, submitting the report: the branch (representation) of the foreign non-financial organization performing activities in the Republic of Kazakhstan more than one year
Term of representation of form of administrative data: no later than ten working days from the date of receipt of request of territorial branch of National Bank of the Republic of Kazakhstan

Form

__________________________________________________________________________

name of branch (representation) of the foreign non-financial organization,

performing activities in the Republic of Kazakhstan more than one year (further - branch (representation)

Part A. "General information"

1. Business and identification number (further - the BIN) __________________

2. Head __________________________________________________________________

                                 surname, name, middle name (in the presence)

3. Actual address ____________________________________________

____________ phone _________________ e-mail _______________ fax

4. Information on the foreign non-financial organization which created branch (representation) in the territory of the Republic of Kazakhstan:

Name __________________________________________________

Country of incorporation ______________________________________________

Identification number of country of incorporation (in the presence) ________

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