RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 19, 2019 No. 201

About approval of the Procedure by National Bank of the Republic of Kazakhstan of dealer activities

According to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" for the purpose of determination of procedure by National Bank of the Republic of Kazakhstan of dealer activities the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Procedure by National Bank of the Republic of Kazakhstan of dealer activities.

2. To department of monetary transactions:

1) to bring this resolution to the attention of the interested divisions of central office of National Bank of the Republic of Kazakhstan;

2) to place this resolution on official Internet resource of National Bank of the Republic of Kazakhstan.

3. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Birtanov E. A.

4. This resolution becomes effective since January 1, 2020.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of November 19, 2019, No. 201

Procedure National Bank of the Republic of Kazakhstan of dealer activities

Chapter 1. General provisions

1. This Procedure is developed by National Bank of the Republic of Kazakhstan of dealer activities (further - the Procedure) according to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" (further - the Law on National Bank) and determines procedure National Bank of the Republic of Kazakhstan (further - National Bank) dealer activities in the financial market of the Republic of Kazakhstan.

Dealer activities of National Bank in the financial market of the Republic of Kazakhstan are regulated and performed according to requirements of the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994, the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (further - the Civil code), the Law on National Bank, the laws of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks) and of July 2, 2003 "About the security market" (further - the Law on the security market).

2. Dealer activities of National Bank are meant as the activities directed to making of transactions and the conclusion of transactions with financial instruments on behalf of National Bank within realization of the state monetary policy of the Republic of Kazakhstan (further - monetary policy) and ensuring stability of financial system of the Republic of Kazakhstan.

3. The procedure does not extend to the transactions made by National Bank for the purpose of investment asset management in foreign currency and precious metals and also liquidity risk managements, credit and system risks in interbank money transfer system through provision of additional liquidity by National Bank to users of interbank money transfer system by the conclusion of transactions on security purchase with the return sale.

4. The concepts provided by the Civil code, the Law on banks, the Law on the security market and also the following concepts are according to the procedure used:

1) security transactions - the transactions of the public market including purchase and (or) security sale, transactions of direct and return repo (further - repo operations);

2) the interbank market - set of the relations arising when implementing transactions on purchase and (or) sale of foreign currency, securities and other financial instruments in the unorganized market;

3) the stock exchange market - set of the relations with use of trade systems of the organizer of the biddings who performs organizational and technical supply of the biddings by financial instruments by their direct carrying out;

4) currency - monetary units of the Republic of Kazakhstan and foreign states (legal tender currencies);

5) currency transaction - purchase and (or) sale of currency in the stock and interbank market;

6) deposit auction - form of the biddings in case of which the National Bank performs acceptance of deposits (bank deposits) based on auction participation applications;

7) settlement division - division of National Bank,

perfroming calculations for monetary policy transactions;

8) the counterpartner - the participant of the transaction with National Bank;

9) Loco swap - transaction on exchange of the location identical by the form and to quality of the affined precious metals;

10) the transaction certificate - the document certifying the conclusion of the transaction with the financial instrument according to the conditions specified in it;

11) operational day - period of time within which transactions are made and bargains with financial instruments are concluded, acceptance and payment processing and (or) money transfers is performed;

12) quality swap - transaction on exchange of the affined precious metals identical by the form, but different in quality;

13) trade division - the division of National Bank responsible for implementation of transactions on realization of monetary policy and management of gold and exchange assets of National Bank;

14) the affined precious metals - the precious metals in the form of ingots having quality of metals of the minimum test according to requirements of the London association of the market of precious metals (London bullion market association) or the London association of metals of platinum group (London Platinum and Palladium Market) and (or) the standards and requirements established in state members of the Eurasian Economic Union and (or) standards and specifications of country of source (the brand for gold with purity is not lower than 995/1000, of platinum and 999,5/1000 palladium and for silver 999/1000);

15) transactions with derivative financial instruments - purchase transactions, sale or exchange of the rights and obligations of the parties for underlying asset;

16) management of National Bank - Chairman of National Bank, vice-chairmen of National Bank;

17) systems of Bloomberg, Reuters FX Trading, exchange point-of-sale terminals - complexes of specialized software and oborudovaniye by means of which communication between their users for the purposes of the conclusion of transactions is performed;

18) "cut-offtime" - time of the termination of the conclusion of transactions and (or) time of the end of execution of payment under transactions.

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