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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2021 No. 515

About some questions of the Agency of the Republic of Kazakhstan on financial monitoring

(as amended on 16-09-2023)

According to the subitem 1) Item 2 of article 17-1 of the Constitutional law of the Republic of Kazakhstan of December 26, 1995 "About the President of the Republic of Kazakhstan" POSTANOVLYAYU:

1. Approve enclosed:

1) Regulations on the Agency of the Republic of Kazakhstan on financial monitoring (further - the Agency);

2) structure of the Agency;

3) changes and additions which are made to some acts of the President of the Republic of Kazakhstan;

4) the list of positions of the Agency which gives the special ranks, and the limiting special ranks corresponding to them (marked "For office use").

2. This Decree becomes effective from the date of signing.

President of the Republic of Kazakhstan

K. Tokayev

Approved by the Presidential decree of the Republic of Kazakhstan of February 20, 2021 No. 515

Regulations on the Agency of the Republic of Kazakhstan on financial monitoring

Chapter 1. General provisions

1. The financial monitoring agency of the Republic of Kazakhstan (further - the Agency) is state body, directly subordinate and accountable to the President of the Republic of Kazakhstan, income gained in the criminal way, to terrorism financing, financing of distribution of weapons of mass destruction according to the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" performing financial monitoring and taking other measures for counteraction of legalization (washing) and also the prevention, identification, suppression, disclosure and investigation of the economic and financial offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body.

The agency independently in decision making within the competence.

2. The agency has territorial authorities in areas, the cities of republican value, the capital and specialized public institution.

3. The agency performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.

4. The agency is legal entity in form of business of public institution, has seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in the Kazakh and Russian languages, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The agency enters the civil relations from own name.

6. The agency has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The agency concerning the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the Chairman of the Agency and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Agency affirm according to the legislation of the Republic of Kazakhstan.

9. Location of the legal entity: Republic of Kazakhstan, 010000, city of Astana, area Saryarka, Ulitsa Beybitshilik, 10.

10. This Provision is the constituent document of the Agency.

11. Financing of activities of the Agency is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The agency is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Agency.

If the Agency by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of the Agency

13. Tasks:

1) realization of single state policy in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing;

2) the prevention, identification, suppression, disclosure and investigation of the economic and financial offenses carried by the legislation of the Republic of Kazakhstan to maintaining this body;

3) creation of unified information system and maintaining the republican database in spheres of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing;

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