RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of April 4, 2019 No. 49

About approval of Rules of implementation of exchange transactions with cash foreign currency in the Republic of Kazakhstan

According to Item 1 of Article 92 of the Administrative procedural Procedure Code of the Republic of Kazakhstan, the subitem 58) 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", Item 2 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications", the subitem 2) of item 4 of Article 5 and Item 7 of article 12 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 the organization of exchange transactions with cash foreign currency 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) 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.

It is approved Ministry of Finance of the Republic of Kazakhstan March 28, 2019

It is approved Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan March 28, 2019

It is approved Ministry of digital development, defense and aerospace industry of the Republic of Kazakhstan March 29, 2019

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of April 4, 2019 No. 49

Rules of implementation of exchange transactions with cash foreign currency in the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of implementation of exchange transactions with cash foreign currency in the Republic of Kazakhstan (further – Rules) are developed according to the laws of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", "About banks and banking activity in the Republic of Kazakhstan" (further – the Law on banks), "About the state statistics", "About the state services", "About permissions and notifications" (further – the Law on permissions), "About currency control and currency exchange control" (further – the Law on currency control) and determine procedure for licensing of authorized organizations, including qualification requirements to them, notifications authorized bank about the beginning or the termination of activities of exchange points, requirements to activities for implementation of exchange transactions with cash foreign currency, operating conditions of exchange points and procedure for carrying out transactions by purchase and (or) sale of the affined ingot gold, issued by National Bank of the Republic of Kazakhstan (further – National Bank), and also forms and terms of representation by authorized banks and authorized organizations of reports.

2. In Rules the following concepts are used:

1) the automated exchange point – the electronic and mechanical device belonging to the legal entity having the right to the implementation of exchange transactions with cash foreign currency and allowing to perform without participation of his worker exchange transactions by cash deposit of money in this device and obtaining from it cash of the equivalent amount in other currency;

2) exchange transactions – the transactions on purchase, sale and exchange of cash foreign currency performed through exchange points and the automated exchange points;

3) exchange point – specially equipped place for implementation of exchange transactions with cash foreign currency created by the authorized organization or authorized bank having the right to implementation of exchange transactions with cash foreign currency in the Republic of Kazakhstan based on the license of National Bank of the Republic of Kazakhstan or authorized body on regulation, control and supervision of the financial market and the financial organizations or the laws of the Republic of Kazakhstan;

4) operational cash desk of exchange point – specially equipped part of the room of exchange point intended for the cashier (the working area of the cashier) serving clients when carrying out transactions with cash foreign currency, and also upon purchase and (or) sale of the affined investment gold in the certified measuring ingots conforming to the national standard of the Republic of Kazakhstan of ST of PK 2049 "Gold bars measuring. Specifications", issued by National Bank of the Republic of Kazakhstan not earlier than 2017 (further – the affined ingot gold);

5) the hardware and software – set of the software and the technical means realizing functions of cash register, providing accounting of exchange transactions, purchases and (or) sales of the affined ingot gold, not adjusted registration and non-volatile storage of information on committed exchange transactions, transactions on purchase and (or) sale of the affined ingot gold;

6) the airport – the complex of constructions intended for acceptance and sending aircrafts, servicing of airborne transportations and having airfield, air terminal, other necessary constructions and the equipment for these purposes;

7) single contact center – the legal entity determined by the Government of the Republic of Kazakhstan, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies – information on questions of rendering information and communication services;

8) casino – gambling institution in which for the organization and carrying out gamblings game tables are used;

9) uslugopoluchatel – legal entities, except for the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, the cities of republican value, the capital, areas, the cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts;

10) the valid license – the granted or renewed license for exchange transactions with cash foreign currency which is not suspended or is not stopped;

11) cash foreign currency – the banknotes which are in circulation, coins and treasury notes accepted by foreign states as legal means of payment;

12) the legal entity having the right to implementation of exchange transactions with cash foreign currency – the authorized organization or authorized bank having the right to implementation of exchange transactions with cash foreign currency according to the license of National Bank, authorized body granted by it on regulation, control and supervision of the financial market and the financial organizations or the laws of the Republic of Kazakhstan;

13) the electronic copy of the document – the document which is completely reproducing type and information (data) of the authentic document in electronic and digital form;

14) the valid appendix to the license – the issued or renewed appendix to the license for exchange transactions with cash foreign currency which is not suspended or is not stopped;

15) appendix to the license – the integral part of the license for exchange transactions with cash foreign currency containing data on the actual location of exchange point of authorized organization;

16) the state service – one of the forms of realization of the separate state functions or their set performed according to the address or without address of uslugopoluchatel and directed to realization of their rights, freedoms and legitimate interests, provision of the corresponding material or non-material benefits by it;

17) the list of the main requirements to rendering the state service – the list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service;

18) information system of monitoring of rendering the state services – the information system intended for automation and monitoring of process of rendering the state services including rendered through The Government for Citizens State corporation;

19) authorized body by assessment and control of quality of rendering the state services – the central state body performing activities for assessment and control of quality of rendering the state services within the competence;

20) the check point through Frontier – the territory (water area) within the railway, automobile station or the station, sea or river port, the international airport or airfield, and also other site of the area which is specially allocated in close proximity to Frontier with the corresponding infrastructure on which the omission of persons, vehicles, freights and goods is performed;

21) faultless goodwill – availability of the facts confirming professionalism, conscientiousness, lack of not removed or unspent conviction, including lack of the judgment which took legal effect about application of criminal penalty in the form of deprivation of the right to hold leading employee position of the financial organization, bank and (or) insurance holding and to be large member (large shareholder) of the financial organization for life;

22) the stationary shopping facility – the building or part of the building (the built-in, built-in attached, attached room), the construction or part of construction (the built-in, built-in attached, attached room) firmly connected with the earth and connected (technologically attached) to networks of engineering facilities;

23) the railway station – complex of buildings, constructions (including passenger platforms, station transitions and the territory near the station) and other types of property intended for rendering to the population services in transportation by railway transport and to acceptance issue of baggage, cargo baggage depending on class;

24) authorized banks – the banks and the organizations performing separate types of banking activities created in the Republic of Kazakhstan (except for authorized organizations), and also the branches of foreign banks performing activities in the Republic of Kazakhstan which perform currency transactions, including according to orders of clients;

25) authorized organizations – the financial organizations of the Republic of Kazakhstan which are not banks, performing activities only through exchange points based on the license of National Bank of the Republic of Kazakhstan for exchange transactions with cash foreign currency;

26) national currency – the bank notes in the form of banknotes and coins of National Bank of the Republic of Kazakhstan which are in circulation and being legal means of payment in the territory of the Republic of Kazakhstan, and also withdrawn or withdrawn from circulation, but subject to exchange for the bank notes which are in circulation, money on bank accounts in monetary units of the Republic of Kazakhstan;

27) foreign currency – the bank notes in the form of banknotes, coins which are in circulation and being legal means of payment in the territory of foreign state (group of the states) and also withdrawn or withdrawn from circulation, but which are subject to exchange for the bank notes which are in circulation, money on bank accounts in monetary units of foreign states (group of the states) and international cash or units of account;

28) the electronic license and the electronic appendix to the license – the license for the exchange transactions with cash foreign currency and appendix to the license in electronic form which are drawn up and issued with use of information technologies, equivalent licenses and to appendix to the license on paper;

29) the web portal of "the electronic government" – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

30) the digital signature – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. The authorized bank or authorized organization (its branch) submit in National Bank the reports provided by Rules by means of use of information systems with observance of procedures of confirmation by the digital signature.

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.

4. The legal entity having the right to implementation of exchange transactions with cash foreign currency before carrying out exchange transactions, purchase and (or) sale of the affined ingot gold takes measures for proper check of clients according to article 5 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further – the Law on PODFT).

Chapter 2. Qualification requirements to authorized organizations

5. The authorized organization is created in form of business of limited liability partnership.

6. Founders, members (one of founders, participants) of authorized organization are physical and legal resident persons and nonresidents of the Republic of Kazakhstan, except for:

1) persons which are founders, members (one of founders, participants) of authorized organization on which the decision on deprivation of the license for exchange transactions with cash foreign currency from the date of which three years did not expire was made;

2) persons which do not have faultless goodwill;

3) persons which are in the list of the organizations and faces tied with financing of terrorism and extremism and (or) financing of distribution of weapons of mass destruction according to the Law on PODFT;

4) persons registered in one of the following foreign states and (or) parts of the territories of the foreign states which are characterized as offshore zones:

The United States of America (only regarding the territories of the American Virgin Islands, the State of Wyoming, the island of Guam, State of Delaware and Commonwealth of Puerto Rico);

Principality of Andorra;

State of Antigua and Barbuda;

Commonwealth of the Bahamas;

State of Barbados;

State of Belize;

State of Brunei Darussalam;

United Republic of Tanzania;

Republic of Vanuatu;

Republic of Guatemala;

State of Grenada;

Republic of Djibouti;

Commonwealth of Dominica;

Dominican Republic;

New Zealand (only regarding the territory of the Cook Islands and Niue);

Spain (only regarding the territory of the Canary Islands);

Federal Islamic Republic Comoro Islands;

Co-operative Republic of Guyana;

Republic of Costa Rica;

The People's Republic of China (only regarding the territories of the special administrative area Aomin (Macau);

Republic of Liberia;

Lebanese Republic;

Principality of Liechtenstein;

Islamic Republic of Mauritania;

Malaysia (only regarding the enclave territory Labuan);

Republic of Maldives;

Republic of Malta;

Mariana Islands;

Republic of the Marshall Islands;

The kingdom of Morocco (only regarding the territory of the city of Tangier);

Union Myanmar;

Republic of Nauru;

Federal Republic of Nigeria;

The Netherlands (only regarding the territory of the island of Aruba and the dependent territories of the Antilles);

Republic of Palau;

Republic of Panama;

Portugal (only regarding the territory of the islands of Madeira);

Independent State of Samoa;

Republic of Seychelles;

State of Saint Vincent and Grenadines;

Federation Saint Kitts and Nevis;

State of Saint Lucia;

Republic of Suriname;

Kingdom of Tonga;

Republic of Trinidad and Tobago;

The United Kingdom of Great Britain and Northern Ireland (only regarding the territories of the Island of Anguilla, Bermuda, the British Virgin Islands, Gibraltar, the Cayman Islands, the island of Montserrat, Turks and Caicos Islands);

Sovereign Democratic Republic of Fiji;

Republic of the Philippines;

The French Republic (only regarding the territories of French Guiana and French Polynesia);

Republic of Montenegro;

Democratic Republic of Sri Lanka;

Jamaica;

5) persons registered (living) in the state (in the territory) which does not carry out or implements recommendations of Group of development of financial measures of anti-money laundering (FATF) insufficiently.

For the purposes of this subitem under the state (territory) which do not carry out or implement recommendations of Group of development of financial measures of anti-money laundering (FATF) mean the state (territory) insufficiently, included in the List constituted by authorized body on financial monitoring according to part two of item 4 of article 4 of the Law on PODFT;

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