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THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON FINANCIAL MONITORING

of August 6, 2021 No. 4

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

(as amended on 07-09-2022)

According to Item 3-2 of article 11 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", and Item 8 of article 27 of the Law of the Republic of Kazakhstan "About legal acts", PRIKAZYVAYU:

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, to financing of terrorism and financing of distribution of weapons of mass destruction for not the financial sector.

2. Declare invalid the 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" (it is registered in the Register of state registration of regulatory legal acts at No. 21300).

3. To provide to department on work with subjects of financial monitoring of the Agency of the Republic of Kazakhstan on financial monitoring 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 Agency of the Republic of Kazakhstan on financial monitoring.

4. This order becomes effective after ten calendar days after day of its first official publication.

The chairman of the Agency of the Republic of Kazakhstan on financial monitoring

Zh. Elimanov

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring of August 6, 2021 No. 4

Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction 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, to financing of terrorism and financing of distribution of weapons of mass destruction for not the financial sector (further – Requirements) are developed according to Item 3-2 of article 11 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of the income received in the criminal way and to terrorism financing" (further – the Law on POD/FT) and International standards of Group of development of financial measures of anti-money laundering (FATF) 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 on POD/FT (further – Subjects).

2. In these Requirements the following concepts are used:

1) the allocated communication channel – the network of authorized body in the field of financial monitoring used for electronic interaction with the Subject;

2) the FM-1 form – form of data and information on the transaction which is subject to financial monitoring, the subjects of financial monitoring of the data approved by authorized body on financial monitoring in the field of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction provided by Rules of representation (further – POD/FTFROMU), according to Item 2 of article 10 of the Law on POD/FT;

3) risks of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction (further – OD/FT/FROMU) – possibility of deliberate or inadvertent involvement of Subjects in processes of legalization of OD/FT/FROMU or other criminal activities;

4) risk management of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction – set of the measures for monitoring, identification of risks of legalization of OD/FT/FROMU, and also their minimization taken by Subjects (concerning services, clients);

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