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THE JOINT ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON FINANCIAL MONITORING AND I.O. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 6, 2021 No. 5, on August 19, 2021 No. 722

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 notaries

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 both to terrorism financing" and Item 8 of article 27 of the Law of the Republic of Kazakhstan "About legal acts", PRIKAZYVAYEM:

1. Approve 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 notaries.

2. Declare invalid:

1) the joint order of the Minister of Finance of the Republic of Kazakhstan of November 28, 2014 No. 531 and the Minister of Justice of the Republic of Kazakhstan of December 11, 2014 No. 360 "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 notaries" (it is registered in the Register of state registration of regulatory legal acts for No. 10000).

2) the joint order of the Minister of Finance of the Republic of Kazakhstan of September 28, 2020 No. 928 and the Minister of Justice of the Republic of Kazakhstan of September 29, 2020 No. 427, "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 notaries", (it is registered in the Register of state registration of regulatory legal acts for No. 21326).

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 joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this joint order on Internet resource of the Agency of the Republic of Kazakhstan on financial monitoring.

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

Acting minister of justice

__________ Madaliyev A. K.

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

__________ Zh. Elimanov

 

Approved by the Joint Order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring and the deputy. The Minister of Justice of the Republic of Kazakhstan of August 6, 2021 No. 5, on August 19, 2021 No. 722

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 notaries

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 notaries 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).

2. In these Requirements to subjects of financial monitoring the notaries performing notarial actions with money and (or) other property belong (further - Subjects).

3. The concepts used in Requirements are applied in the values specified in the Law on POD/FT and the Law of the Republic of Kazakhstan "About notariate".

4. For the purposes of Requirements the following basic concepts are used:

1) the FM-1 form - the form of data and information on the transaction which is subject to financial monitoring determined by Rules of submission by Subjects of data and information on the transactions which are subject to financial monitoring, approved by authorized body according to Item 2 of article 10 of the Law on POD/FT;

2) 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;

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

4) authorized body - the state body performing financial monitoring and taking other measures for counteraction of legalization (washing) of income gained in the criminal way and terrorism financing (further - POD/FT) according to the Law on POD/FT.

5. 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.

6. Subjects are responsible persons on the organization and observance of rules of internal control (further - PVK).

7. PVK are the document which is regulated by organizational bases of the work directed to POD/FT and establishes operations procedure of Subjects for the purpose of POD/FT.

8. PVK include programs, the stipulated in Article 11 Laws on POD/FT which are developed by Subjects independently according to Requirements and are the internal document of Subjects or set of such documents.

9. In case of modification and (or) amendments in the legislation on POD/FT, Subjects within 30 (thirty) calendar days make corresponding changes and (or) amendments to PVK.

Chapter 2. Program of the organization of internal control

10. The program of the organization of internal control include procedures:

1) the organizations of internal control, including the description of functions of Subjects when implementing internal control for the purpose of POD/FT;

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