RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2019 No. 42

About approval of Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan

According to the subitem 60) 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 the subitem 3) of item 4 of article 5 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 implementation of export-import currency exchange control in the Republic of Kazakhstan.

2. Recognize invalid some resolutions of Board of National Bank 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.

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 42

Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of implementation of export-import currency exchange control in the Republic of Kazakhstan (further - Rules) parts two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 3) of item 4 of article 5 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" are developed according to the subitem 60) (further - the Law on currency control and currency exchange control) and determine procedure of export-import currency exchange control in the Republic of Kazakhstan.

Export-import currency exchange control is package of measures, performed by National Bank of the Republic of Kazakhstan (further - National Bank), other state bodies within their competence and authorized banks for the purpose of control of accomplishment by exporters or importers of the requirement of repatriation of foreign and (or) national currency for export or import (further - the requirement of repatriation).

Rules include procedure:

receipts of accounting numbers under currency agreements on export or import;

control of accomplishment of the requirement of repatriation for currency agreements on export or import;

monitoring of movement of money and other obligation fulfillment under currency agreements on export or import;

removals from accounting registration of currency agreements on export or import.

2. The concepts applied in Rules are used in the values specified in the Law of the Republic of Kazakhstan of January 7, 2003 "About the electronic document and the digital signature" and the Law on currency control and currency exchange control.

For the purposes of Rules also following concepts are used:

1) accounting number - the identification number assigned to the currency agreement on export or import and intended for ensuring accounting and the reporting under currency transactions;

2) accounting registration - assignment to the currency agreement on export or import of accounting number, accounting and submission of reports on obligation fulfillment within such agreement;

3) bank of accounting registration - authorized bank (its branch) or the territorial branch of National Bank performing accounting registration for control of accomplishment of the requirement of repatriation;

4) repatriation term - calculated by the exporter or the importer, proceeding from conditions of obligation fulfillment by the parties on the currency agreement on export or import, period of time between:

date of export and receipt date of currency in export payment;

payment date and (or) money transfer on import and date of return of unused advance payment on import in case of non-execution and (or) incomplete obligation fulfillment by the nonresident;

payment date and (or) money transfer on import and date of import in case of absence in the currency agreement on import of terms of return of unused advance payment;

5) the magazine of registration - the magazine which is kept by bank of accounting registration for registration of currency agreements on export or import to which accounting numbers are assigned;

6) the exporter or the importer - the resident of the Republic of Kazakhstan (the legal entity, its branch, and also the individual entrepreneur) who signed the currency agreement on export or import and also which accepted right to claim against the nonresident as a result of concession of the requirement or accepted debt to the nonresident as a result of the translation of debt under such agreement.

3. Documents of currency exchange control are information and (or) documents arriving on paper or electronic method in case of control of accomplishment of the requirement of repatriation including acts of the performed works, acts of the rendered services, invoices, invoices for actually transferred goods, the performed works, the rendered services, declarations on goods, statements for commodity importation and payment of indirect taxes having confirmation about payment of indirect taxes or exemption of the value added tax and (or) excises (further - the statement for commodity importation), notifications on confirmation of the fact of payment of indirect taxes (release or other payment procedure), the statement about movement of money on the account opened in foreign bank, acts of reconciliations in accordance with the terms of the currency agreement on export or import.

4. Date of export or commodity import, works, services is:

1) when moving goods through customs border of the Eurasian Economic Union (further - the Union) - the date of issue of goods specified in the declaration on goods confirming the room of goods under the customs procedure considered in customs statistics of foreign trade as export or import;

2) when moving goods in customs area of the Union:

for import - the acceptance date on accounting of goods specified in the statement for commodity importation;

for export - the invoice date specified in the statement for commodity importation;

3) in the cases which are not specified in subitems 1) and 2) of this Item:

the date of issue of goods specified in the declaration on goods confirming the room of goods under the customs procedure considered in customs statistics of mutual trade as export or import - if is drawn up the declaration on goods;

signature date (acceptances) of the documents confirming transfer of goods, performance of works, rendering services;

date of drawing of the invoice, invoice for actually transferred goods, the performed works, the rendered services;

start date of obligation fulfillment in accordance with the terms of the currency agreement on export or import which is not providing signing (acceptance) of the documents confirming performance of works, rendering services, and drawing of the invoice, invoice for actually performed works the rendered services.

5. Movement of goods through border of the Republic of Kazakhstan for export or import is movement:

1) goods from the territory (on the territory) the Republic of Kazakhstan on the territory (from the territory) other state member of the Union;

2) through customs border of the Union of the goods placed under one of the customs procedures considered in customs statistics of foreign trade of the Republic of Kazakhstan as export or import.

6. Information provided by Rules is submitted National Bank, body of state revenues or authorized bank by electronic method by means of use of transport system of the guaranteed delivery of information with the cryptographic remedies providing confidentiality and authenticity of transmitted data or by means of use of information systems with observance of procedures of confirmation by the digital signature.

7. Information provided by Rules is submitted territorial branch of National Bank, territorial subdivision of body of state revenues, authorized bank (its branch), the exporter or the importer on paper or electronic method by means of use of information systems with observance of procedures of confirmation by the digital signature or other elements of protective actions according to Item 5 of article 56 of the Law of the Republic of Kazakhstan of July 26, 2016 "About payments and payment systems" (further - the Law on payments and payment systems).

Information and (or) documents provided by the exporter or the importer otherwise in subsequent go according to part one of this Item of Rules. In case of representation by the exporter or importer of information and (or) documents different methods date of submission of information earlier of dates is considered.

8. If the term established by Rules expires in non-working day, then end date of term of submission of information (reports, data) and (or) documents the working day following it is considered.

Date of submission of information and (or) paper documents the date of receipt of information and (or) documents by the addressee or date of its departure on postage stamp is considered.

9. The requirement of availability of impress of a seal of information and (or) documents extends on the legal entities who are not belonging to subjects of private entrepreneurship.

Chapter 2. Procedure for receipt of accounting numbers under currency agreements on export or import

10. The currency agreement on export or import is subject to accounting registration if the amount of such agreement exceeds 50 000 (fifty thousand) dollars of the United States of America (further - the USA) in equivalent.

If in the currency agreement on export or import the agreement amount is not specified date of its conclusion, then such agreement is considered as the agreement which is subject to accounting registration.

If the currency agreement on export or import is expressed in the currency other than US dollar, and in such agreement there is no specifying on the exchange rate in relation to US dollar, for determination of equivalent of the amount of the currency agreement on export or import in US dollars recalculation is performed with use of the market rate of currency exchange for signature date of such agreement (in case of its absence - for date of the introduction of the agreement in force).

11. The exporter or the importer addresses for receipt of accounting number prior to obligation fulfillment under the currency agreement on export or import of any of its parties.

If with the first obligation fulfillment under the currency agreement on export or import there begins it nonresident participant, and such execution is connected with cession of property (receipt of money) for benefit of the export resident or the importer, then such resident addresses for accounting registration before receipt of property (money) in the order.

If the nonresident participant the first begins execution in the territory of foreign state of obligations under the currency agreement on import of works (services), one of the parties of which is the legal resident person having the air operator certificate of civil aircrafts, then the resident addresses for accounting registration of the currency agreement within 90 (ninety) calendar days after obligation fulfillment by the nonresident, but no later than start date of obligation fulfillment by the resident.

The exporter or the importer who accepted right to claim against the nonresident or accepted debt to the nonresident as a result of concession of the requirement or the translation of debt addresses for accounting registration no later than 30 (thirty) calendar days from the date of acceptance of such right to claim or debt, but prior to obligation fulfillment according to the yielded requirement (translated to debt) of any of its parties.

12. Accounting registration is performed:

1) in authorized bank (its branch) which serves the bank account of the exporter or importer - if all payments and (or) money transfers are made with use of the account of the exporter or importer in authorized bank (its branch);

2) in authorized bank (its branch) which serves the bank account of the exporter or importer - if payments and (or) money transfers are made with use of the accounts opened as in authorized bank (its branch), and in foreign bank;

3) in territorial branch of National Bank in the place of permanent residence or finding of the exporter or importer - if all payments and (or) money transfers are made with use of the account of the exporter or importer in foreign bank specified in the subitem 1) of Item 3 of article 9 of the Law on currency control and currency exchange control.

13. For receipt of accounting number the exporter or the importer represents to authorized bank (its branch) or territorial branch of National Bank:

1) the statement for adoption of the currency contract on export or import for currency exchange control in form according to appendix 1 to Rules;

2) the original or the copy of the currency agreement on export or import. If the currency agreement on export or import is signed in foreign language, then its translation on Kazakh or Russian is represented.

When obtaining in territorial branch of National Bank of accounting number the exporter or the importer in addition submits the document with specimen signatures.

14. In the statement for adoption of the currency agreement on export or import repatriation term according to repatriation term procedure of payments according to appendix 2 to Rules is specified currency exchange control in form according to appendix 1 to Rules.

If the term of repatriation is determined by the exporter or the importer as the term exceeding 360 (three hundred sixty) days (initially or as a result of changes of the currency agreement), authorized bank (its branch) performs the analysis of conditions of the currency agreement on export or import according to the rules of internal control developed according to requirements of the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Law on PODFT).

15. The authorized employee of authorized bank (its branch) or territorial branch of National Bank within 2 (two) working days from the date of giving by the exporter or importer of necessary documents registers the currency agreement on export or import in the magazine of registration in form according to appendix 3 to Rules.

Accounting number, date of its assignment, the name of authorized bank or territorial branch of National Bank, the information about the exporter or the importer, are specified on the first or last leaf of the original or the copy of the currency contract on export or import with assurance by the signature and specifying of surname and initials of the authorized employee of authorized bank (its branch) or territorial branch of National Bank. One copy of the copy of the currency contract on export or import with mark about assignment of accounting number remains in authorized bank (its branch) or territorial branch of National Bank.

In case of electronic document management the exporter or the importer represents the electronic copy of the currency agreement on export or import. The authorized employee of authorized bank (its branch) or territorial branch of National Bank according to the procedure, established by the internal act, assigns accounting number with assurance by the digital signature and informs in any form of the exporter or importer of assignment to the currency agreement on export or import of accounting number.

16. The authorized bank (its branch) or territorial branch of National Bank refuses receipt of accounting number in the following cases:

1) availability in the currency agreement on export or import of the conditions contradicting requirements of the foreign exchange legislation of the Republic of Kazakhstan;

2) discrepancy of the signature of the exporter or importer in the statement for adoption of the currency contract on export or import for currency exchange control in form according to appendix 1 to Rules to the specimen signature in the document with specimen signatures;

3) according to Item 1 of article 13 of the Law on PODFT.

17. Assignment of accounting number is not required:

1) when moving by National Bank or authorized bank of cash through border of the Republic of Kazakhstan;

2) when exporting by National Bank or authorized bank of precious metals for placement on the metal foreign bank accounts;

3) when importing by National Bank or authorized bank of precious metals to the territory of the Republic of Kazakhstan;

4) to currency agreements on export or import on which payment is made at the expense of the state external loans of the Republic of Kazakhstan or external loans provided with guarantee of the Republic of Kazakhstan;

5) to currency agreements on the export or import concluded by the public institutions and the state companies of the Republic of Kazakhstan making payments and (or) money transfers through divisions (departments) of state bodies;

6) to currency agreements on the export or import concluded by authorized bank and other financial resident organizations with the nonresidents providing rendering services;

7) to the currency agreements providing acquisition or repayment of electronic money;

8) to currency agreements on export or commodity import which conditions do not provide movement of goods through border of the Republic of Kazakhstan.

18. The authorized bank (its branch) or territorial branch of National Bank keeps the file on each exporter or the importer by accounting numbers created of information and (or) documents of currency exchange control in process of receipt. Maintaining the electronic file under the currency agreement on export or import is allowed.

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