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THE JOINT ORDER OF THE CHAIRMAN OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN, THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION AND DEVELOPMENT OF THE FINANCIAL MARKET AND THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON FINANCIAL MONITORING

of January 10, 2022 No. 4, on January 10, 2022 No. 3, on January 10, 2022 No. 7-HK

About strengthening of control measures behind carrying out cross-border financial transactions

According to the laws of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" and "About currency control and currency exchange control", for the purpose of prevention of carrying out illegal cross-border financial transactions against the background of the restrictions connected with introduction of emergency state in regions of the Republic of Kazakhstan, PRIKAZYVAYEM:

1. Approve:

1) the List of the transactions which are subject to consideration as types, schemes and methods of legalization (washing) of the criminal income and financing of terrorism and to the strengthened control within carrying out financial monitoring (further - the List of transactions), according to appendix 1 to this joint order;

2) the Operations procedure of subjects of financial monitoring according to requests (orders) of clients for carrying out the transactions provided in the List of transactions according to appendix 2 to this joint order.

2. To the interested divisions of National Bank of the Republic of Kazakhstan, Agency of the Republic of Kazakhstan on regulation and development of the financial market and financial monitoring Agency of the Republic of Kazakhstan to bring this joint order to subjects of financial monitoring for execution.

3. This joint order is subject to execution from the moment of signing.

Chairman of National Bank of the Republic of Kazakhstan

E.Dosayev

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

 

M. Abylkasymova

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

Zh. Elimanov

Appendix 1

to the Joint Order of the Chairman of National Bank of the Republic of Kazakhstan, the Chairman of the Agency of the Republic of Kazakhstan on regulation and development of the financial market and the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring of January 10, 2022 No. 4, on January 10, 2022 No. 3, on January 10, 2022 No. 7-HK

The list of the transactions which are subject to consideration as types, schemes and methods of legalization (washing) of the criminal income and financing of terrorism and to the strengthened control within carrying out financial monitoring

Code

Description

1

Implementation by the resident client of contract advance payments on import, except as specified, if:


- the agreement provides form of calculations in the form of the documentary credit,


- the agreement provides the repatriation term (initial or taking into account prolongation) which is not exceeding 180 (hundred eighty) calendar days


- the client has no receivables under this agreement and (or) to other export-import contracts which are on servicing in bank with the term exceeding 360 (three hundred sixty) calendar days


- the client has no agreements which are served in bank within the last 3 (three) years by which the term of repatriation of money exceeded 360 (three hundred sixty) calendar days and on which the requirement of repatriation is not fulfilled or executed partially

2

Transactions of the resident client under export-import agreements in cases, if:


- payee or goods (works, services, results of intellectual activities) is the nonresident, not being the party under this agreement,


- the agreement on import does not provide commodity importation on the territory of RK,


- payments are made under the agreements which are not subject to assignment of accounting number by authorized bank and at the same time there are signs of crushing of deliveries of goods

3

Provision by the resident client to the nonresident(s) of money under the contract(s) of loan for total amount over 1 million US dollars in equivalent during one calendar month or other loans providing repayment into accounts of the third parties

4

Execution by the resident client of obligations to the nonresident according to the loan agreement if the bank has no reliable information on receipt of money for the account of the resident client in the RK authorized bank within this agreement

5

Early execution by the resident client of obligations to the nonresident according to the loan agreement or execution of such obligations according to the supplementary agreement which changed frequency and (or) completion dates of obligations or other essential terms of the contract, concluded by the client with the nonresident after December 31, 2021 or according to the supplementary agreement signed till December 31, 2021, but not provided by the client to authorized bank

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