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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of October 13, 2020 No. 1000

About approval of Requirements to subjects of financial monitoring on preparation and training in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

According to Item 8 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" PRIKAZYVAYU:

1. Approve the enclosed Requirements to subjects of financial monitoring on preparation and training in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism according to appendix to this order.

2. Declare invalid the order of the Minister of Finance of the Republic of Kazakhstan of November 28, 2014 No. 533 "About approval of requirements to subjects of financial monitoring on preparation and training of workers" (it is registered in the Register of state registration of regulatory legal acts No. 10001, it is published on January 23, 2015 in information system of law of Ad_let).

3. 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.

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

Minister of Finance of the Republic of Kazakhstan

E.Zhamaubayev

It is approved

Ministry of Justice of the Republic of Kazakhstan

 

It is approved

Ministry of Health of the Republic of Kazakhstan

 

It is approved

Agency of the Republic of Kazakhstan on regulation and development of the financial market

 

It is approved

Ministry for Culture and Sports of the Republic of Kazakhstan

 

It is approved

Ministry of Trade and integration of the Republic of Kazakhstan

 

It is approved

National Bank of the Republic of Kazakhstan

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

 

Appendix

to the Order of the Minister of Finance of the Republic of Kazakhstan of October 13, 2020 No. 1000

Requirements to subjects of financial monitoring on preparation and training in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

Chapter 1. General provisions

1. These Requirements to subjects of financial monitoring on preparation and training in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - Requirements) are developed according to Item 8 of 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 on POD/FT) and establish requirements to subjects of financial monitoring on preparation and training in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - POD/FT).

2. In these Requirements the following concepts are used:

1) the operator - the employee of "National Center for Personnel Management of Public Service" joint-stock company responsible for carrying out and observance of testing by subjects;

2) the Center - "National Center for Personnel Management of Public Service" joint-stock company, determined according to the order of the Government of the Republic of Kazakhstan of December 31, 2008 No. 1305;

3) subjects are the subjects of financial monitoring performing the activities solely and the employees of the subject of financial monitoring performing the functions connected with compliance with law in the sphere of POD/FT;

4) authorized body - Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan.

3. The purpose of preparation and training is receipt of knowledge by subjects in the sphere of POD/FT according to Requirements, necessary it for compliance with law of the Republic of Kazakhstan about POD/FT.

For the purpose of confirmation of studying by subjects of the material studied in training process subjects pass test with frequency at least 1 (one) time in 3 (three) years from the date of passing of testing based on the Center and its territorial subdivisions.

Effective period of results of testing constitutes 3 (three) years from the moment of passing of certification with positive result.

All subjects from the moment of enforcement of these Requirements pass Test within the next 2 (two) years.

Chapter 2. Program of preparation and training of subjects of financial monitoring

4. Subjects develop the program of preparation and training in the sphere of POD/FT (further - the training program) taking into account requirements of the legislation of the Republic of Kazakhstan about POD/FT, and also features of activities of subjects and their clients.

5. The training program contains:

1) studying of regulatory legal acts of the Republic of Kazakhstan in the field of POD/FT and international standards in the sphere of POD/FT;

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