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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of September 28, 2020 No. 926

About approval of Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for not the financial sector

According to Item 3-2 of article 11 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" I ORDER:

1. Approve the enclosed Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for not the financial sector.

2. To provide to committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. This order becomes effective since November 15, 2020 and is subject to official publication.

Minister of Finance of the Republic of Kazakhstan

E.Zhamaubayev

Appendix

to the Order of the Minister of Finance of the Republic of Kazakhstan of September 28, 2020 No. 926

Requirements to Rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for not the financial sector

Chapter 1. General provisions

1. These Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism (further - Requirements) are developed for not the financial sector according to article 11 of the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of the income received in the criminal way and to terrorism financing" (further - the Law) and determine the conditions shown to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - POD/FT) for the subjects of financial monitoring provided by subitems 7), 8), 13, of 15), 16) and 18) of Item 1 of article 3 of the Law (further - Subjects).

2. In these Requirements the following concepts are used:

1) risks of legalization (washing) of income gained in the criminal way and to terrorism financing (further - OD/FT) - possibility of deliberate or inadvertent involvement of Subjects in processes of legalization of OD/FT or other criminal activities;

2) risk management of legalization of OD/FT - set of the measures for monitoring, identification of risks of legalization of OD/FT, and also their minimization taken by Subjects (concerning services, clients);

3) the FM-1 form - the form of data and information on the transaction which is subject to financial monitoring determined by Rules of representation by subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring and approved according to Item 2 of article 10 of the Law authorized body.

4) authorized body - the state body performing financial monitoring and taking other measures for POD/FT according to the Law;

5) internal control - system of the organization, the policy, procedures and methods accepted by the subject for the purpose of prevention of legalization of OD/FT.

Other concepts used in these Requirements are applied according to the Law, the Law of the Republic of Kazakhstan of July 5, 2000 "About financial leasing" and the Law of the Republic of Kazakhstan of January 14, 2016 "About precious metals and gemstones".

3. Internal control is exercised for the purpose of:

1) ensuring accomplishment by Subjects of requirements of the legislation of the Republic of Kazakhstan on POD/FT;

2) maintenance of system effectiveness of internal control at the level sufficient for risk management of legalization of OD/FT;

3) risk minimizations of legalization of OD/FT.

4. Rules of internal control (further - PVK) include programs, stipulated in Item 3 articles 11 of the Law, and are the document which regulates the organizational bases of work directed to POD/FT and establishes operations procedure of Subjects.

5. In case of entering and (or) amendments into the legislation of the Republic of Kazakhstan on POD/FT, Subjects within 30 (thirty) calendar days, make corresponding changes and (or) amendments to PVK.

Chapter 2. The program of the organization of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, including requirements imposed to workers of Subjects of financial monitoring

6. The program of the organization of internal control for the purpose of POD/FT includes procedures:

1) the organizations of internal control by Subjects when implementing internal control for the purpose of POD/FT;

2) refusal to clients in establishment of business relations and the termination of business relations, refusal in carrying out transaction with money and (or) other property, and taking measures to freezing of transactions with money and (or) other property;

3) recognitions of transaction of the client having the characteristics corresponding to tipologiya, schemes and methods of legalization (washing) of the criminal income and financings of terrorism as suspicious;

4) submissions of data and information on the transactions which are subject to financial monitoring about the refusal facts to the client in establishment of business relations, the terminations of business relations with the client, refusal in carrying out transaction with money and (or) other property, about measures for freezing of transactions with money and (or) other property in authorized body, including instructions and regulations of work in the automated information systems and the software used for transfer of data, information and documents in authorized body;

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