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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of April 4, 2019 No. 49

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

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of March 19, 2010 "About the state statistics", of May 16, 2014 "About permissions and notifications" and of 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 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.

Chairman of National Bank

E.Dosayev

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 the organization of exchange transactions with cash foreign currency in the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of the organization 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 of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks), of March 19, 2010 "About the state statistics", of May 16, 2014 "About permissions and notifications" (further - the Law on permissions), of July 2, 2018 "About currency control and currency exchange control" (further - the Law on currency control) and determine procedure for purchase and (or) sale of cash foreign currency in exchange points of authorized banks and authorized organizations, procedure for establishment of buying rates and (or) sales of cash foreign currency for other cash foreign or cash national currency, 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 the organization of exchange transactions with cash foreign currency, procedure for carrying out the transactions on 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 on such activities.

2. In Rules the concepts applied in the values specified in the laws of the Republic of Kazakhstan of January 7, 2003 "About the electronic document and the digital signature" of April 15, 2013 "About the state services" (further - the Law on the state services), the Law on currency control are used.

In Rules also following concepts are used:

1) the automated exchange point - the electronic and mechanical device belonging to the legal entity having the right to the organization 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) operational cash desk of exchange point - specially equipped part of the room of exchange point intended for 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 RK 2049-2010 "Gold bars measuring. Specifications", issued by National Bank of the Republic of Kazakhstan not earlier than 2017 (further - the affined ingot gold);

4) the hardware and software - the automated information system realizing functions of cash register providing accounting of exchange transactions, purchases and (or) sales of the affined ingot gold;

5) the valid license - the granted or renewed license for the organization of exchange transactions with cash foreign currency which is not suspended or is not stopped;

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

7) the legal entity having the right to the organization of exchange transactions with cash foreign currency - authorized organization or the authorized bank having the right to the organization of exchange transactions with cash foreign currency according to the license of National Bank granted to it or the laws of the Republic of Kazakhstan;

8) the valid appendix to the license - the issued or renewed appendix to the license for the organization of exchange transactions with cash foreign currency which is not suspended or is not stopped;

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

10) the electronic license and the electronic appendix to the license - the license for the organization of exchange transactions with cash foreign currency and appendix to the license in electronic form, the drawn-up and issued with use of information technologies, equivalent licenses and to appendix to the license on paper.

3. The authorized bank (its branch) 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.

In case of lack of possibility of submission of reports reports are created by electronic method separately on each region and are represented National Bank, in paper form in territorial branch, in the location of authorized bank (its branch), authorized organization (its branch).

In case of submission of the 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.

4. The legal entity having the right to the organization 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 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).

Chapter 2. Qualification requirements to authorized organizations

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

6. Founders of authorized organization are physical persons and legal entities - residents and nonresidents of the Republic of Kazakhstan.

Person cannot be the founder (one of founders) of authorized organization:

1) being the founder (one of founders) of authorized organization on which the decision on deprivation of the license for the organization of exchange transactions with cash foreign currency, before the expiration of 3 (three) years from the date of the relevant decision of territorial branch of National Bank was made;

Concerning which 2) there is 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 the large member (large shareholder) of the financial organization.

7. The authorized capital of authorized organization is created in cash in full to the request of the legal entity for receipt of the license for the organization of exchange transactions with cash foreign currency and appendices to the license.

8. The minimum size of the authorized capital of authorized organization constitutes:

1) 30 000 000 (thirty million) Kazakhstani tenge (further - tenge) for each exchange point (the automated exchange point) with the location in Nour-Sultan's city, and also the cities of republican value;

2) 20 000 000 (twenty million) tenges for each exchange point (the automated exchange point) with the location in the administrative centers of areas;

3) 10 000 000 (ten million) tenges for each exchange point (the automated exchange point) with other location.

9. When opening of additional exchange point by authorized organization (the automated exchange point) its authorized capital created in cash is subject to increase according to requirements of Item 8 of Rules.

10. In case of reference of the city to category of the city of republican value or recognition of the city by the administrative center of area the authorized organization having exchange point in this city brings the size of the authorized capital into accord with the requirements established by subitems 1) and 2) of Item 8 of Rules within six months from the date of reference of the city to category of the city of republican value or recognition of the city by the administrative center of area.

11. Requirements to the room, the equipment, personnel of exchange point (except for the automated exchange point):

1) the organization of protection and the device of the room of exchange point are performed according to the requirements established in Rules of the organization of protection and the device of premises of the banks and organizations performing separate types of the banking activities approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 24, 2012 No. 250, registered in the Register of state registration of regulatory legal acts at No. 8080;

2) the operational cash desk of exchange point is equipped with the system of video surveillance providing record and storage of information within 30 (thirty) calendar days, at the same time shall be in visibility range of video surveillance the working area of the cashier and the client, and the corresponding devices are established in the places providing lack of hindrances for video surveillance;

3) the workplace of the cashier is equipped with the hardware and software or the control cash register and the software for accounting of exchange transactions according to requirements of Rules, and also the technical means for determination of authenticity of bank notes providing check of banknote in ultra-violet light (control of luminescence of paper and other) and check of banknote on availability of magnetic tags;

4) the cashier who had training on work with cash foreign currency or having work experience with cash foreign currency at least six months.

Chapter 3. Procedure and conditions of licensing of authorized organizations

12. For receipt of the license and appendix to the license the authorized organization directs the following documents through the web portal of "the electronic government":

1) the electronic statement on receipt of the license for the organization of exchange transactions with cash foreign currency and appendices to the license in form according to appendix 1 to Rules, electronic copies of the documents confirming the applicant's compliance to qualification requirements, stipulated in Item 13 Rules;

2) electronic copy of the charter;

3) the electronic copy of the document confirming payment of the license fee for the occupation right with separate types of activity, except as specified payments through payment gateway of "the electronic government";

4) the electronic copy of the certificate of bank of the second level of availability of the bank account in foreign currency.

13. As confirmation of conformity the authorized organization sends to qualification requirements through the web portal of "the electronic government" the following documents:

1) the electronic statement on receipt of the license for the organization of exchange transactions with cash foreign currency and appendices to the license in form according to appendix 1 to Rules (in the case provided in Item 12 of Rules), the electronic statement on receipt of appendix to the valid license on the organization of exchange transactions with cash foreign currency for in addition opened exchange point in form according to appendix 2 to Rules (in the case provided in Item 17 of Rules);

2) the electronic copy of the document of bank of the second level (including the statement about movement of money according to bank accounts of the client) confirming transfer on the bank account of authorized organization of money as fee in the authorized capital according to requirements of Item 8 of Rules issued not earlier than 30 (thirty) calendar days before date of the request for receipt of the license and (or) appendix to the license or the electronic copy of the financial reporting as of the first of filing of application on receipt of appendix to the valid license on the organization of exchange transactions with cash foreign currency for in addition opened exchange point in form according to appendix 2 to Rules which confirms compliance of the size of the authorized capital of authorized organization to the established requirements taking into account additional exchange point (in the case provided in Item 17 of Rules);

3) the electronic copy of the reference of bank of the second level confirming passing by the cashier of preparation on work with cash foreign currency or the electronic copy of the document provided by the labor law of the Republic of Kazakhstan and confirming labor activity of the worker at least 6 (six) months as the cashier on work with cash foreign currency (except for the automated exchange point);

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