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

of February 23, 2022 No. 14

About approval of Rules of evaluating risks of legalization (washing) of the income and financings of terrorism

According to Item 2 of article 11-1 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", PRIKAZYVAYU:

1. Approve the enclosed Rules of evaluating risks of legalization (washing) of the income and financing of terrorism.

2. To provide to department 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.

3. 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

It is approved

Ministry of information and social development of the Republic of Kazakhstan

 

It is approved

Agency of the Republic of Kazakhstan on protection and development of the competition

 

It is approved

Ministry of Health of the Republic of Kazakhstan

 

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

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

 

It is approved

Ministry for Culture and Sports of the Republic of Kazakhstan

 

It is approved

Anti-corruption agency of the Republic of Kazakhstan

 

It is approved

National Bank of the Republic of Kazakhstan

 

It is approved

Committee of homeland security of the Republic of Kazakhstan

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

It is approved

Ministry of Internal Affairs of the Republic of Kazakhstan

 

Approved by the Order the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring of February 23, 2022 No. 14

Rules of evaluating risks of legalization (washing) of the income and financing of terrorism

1. General provisions

1. These rules of evaluating risks of legalization (washing) of the income and financing of terrorism (further - Rules) are developed according to Item 2 of article 11-1 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), determine procedure for evaluating risks of legalization (washing) for the income and financing of terrorism.

2. In these rules the following concepts are used:

1) the working group - the group consisting of number of representatives of the state, law enforcement and special state bodies for evaluating risks of legalization (washing) the income and financing of terrorism;

2) ranging of risks of legalization (washing) of the income and financing of terrorism - the procedure of establishment of the relative importance (preference) of collected data for risks assessment of legalization (washing) of the income and financing of terrorism;

3) risks of legalization (washing) of the income and financing of terrorism - causing damage to financial system and national economy, by making of financial transactions (transactions) for the purpose of legalization (washing) of the income and financing of terrorism in connection with realization of threats and (or) availability of vulnerability;

4) risks assessment of legalization (washing) of the income and financing of terrorism - determination of levels of risks by method of the analysis of collected data for risks assessment of legalization (washing) of the income and financing of terrorism;

5) data collection for risks assessment of legalization (washing) of the income and financing of terrorism - process of receipt of information from the state, law enforcement and special state bodies and subjects of financial monitoring for risks assessment of legalization (washing) of the income and financing of terrorism;

6) structuring risks of legalization (washing) the income and financing of terrorism - grouping and summing of collected data for risks assessment of legalization (washing) of the income and financing of terrorism for their subsequent analysis;

7) subjects of financial monitoring are the subjects of financial monitoring specified in Item 1 of article 3 of the Law;

8) state bodies - state bodies which exercise control of execution by subjects of financial monitoring of the legislation of the Republic of Kazakhstan on counteraction of legalization (washing) of the income and to terrorism financing, according to article 14 of the Law, and also with which the authorized body, according to article 18 of the Law interacts.

2. Procedure for evaluating risks of legalization (washing) for the income and financing of terrorism

3. The risks assessment of legalization (washing) of the income and financing of terrorism lasts up to 18 (eighteen) months.

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