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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 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 "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 and to financing of terrorism 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 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 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) and determine requirements imposed 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 - risks of legalization of 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 - 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 provided by Rules of representation (further - authorized body) in the field of POD/FT, in compliance spunkty 2 articles 10 of the Law on POD/FT;

4) 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.

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 modification and (or) amendments in 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;

5) fixation and document storage and data received by results of proper check of the client including the file of the client and correspondence with it, documents and data on the transactions which are subject to financial monitoring including on suspicious transactions, and also results of studying of all difficult, unusually large and other unusual transactions;

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