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

(as amended on 26-04-2021)

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 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 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 April 15, 2013 "About the state services" (further - the Law on the state services), 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 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 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.

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 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 - physical persons and 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 performed in individual procedure 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 standard of 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) 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;

22) 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;

23) 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;

24) 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;

25) 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;

26) 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;

27) 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;

28) 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;

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

1) being 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;

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;

3) the organizations and faces tied with financing of terrorism and extremism which are in the list according to the Law on PODFT;

4) being founders, members (one of founders, participants) of authorized organization concerning which the begun check is not finished by National Bank because of voluntary return of the valid license and the valid appendix (the valid appendices) to the license from the date of which three years did not expire.

6-1. The head of authorized organization (its branch) does not designate person:

1) not having the higher education;

2) being in the list of the organizations and faces tied with financing of terrorism and extremism according to the Law on PODFT;

Concerning which 3) 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 exchange transactions with cash foreign currency and (or) appendices to the license.

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

1) 100 000 000 (hundred million) Kazakhstani tenge (further - tenge) for each exchange point (the automated exchange point) with the location in Nour-Sultan's city, the cities of republican value, the administrative centers of areas, the cities of regional value;

2) 50 000 000 (fifty 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, regional 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 requirement established by the subitem 1) of Item 8 of Rules within six months from the date of reference of the city to category of the city of republican, regional 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 banks of the second level, branches of nonresident banks of the Republic of Kazakhstan, the National operator of mail, legal entities whose exclusive activities is collection of banknotes, coins and values, and the legal entities 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, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of February 24, 2020 No. 14, registered in the Register of state registration of regulatory legal acts at No. 20075;

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 on the technical devices providing backup of archive of video of data and protection of archive against removal and editing at the same time are 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.

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