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.

Approved by the Order of 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.

The subsequent risks assessments of legalization (washing) of the income and financing of terrorism are carried out after 36 (thirty six) months from the date of the beginning of the previous risks assessment of legalization (washing) of the income and financing of terrorism.

4. For the purpose of risks assessment of legalization (washing) of the income and financing of terrorism by authorized body the working group on risks assessment of legalization (washing) of the income and financing of terrorism is created.

The authorized body requests from the state, law enforcement and special state bodies of the offer on candidates for representatives for inclusion in working group.

5. The authorized body coordinates work on realization of risks assessment in the sphere of counteraction of legalization (washing) of income gained in the criminal way, terrorism financings.

6. The risks assessment of legalization (washing) of the income and financing of terrorism includes three stages:

1) data collection for risks assessment of legalization (washing) of the income and financing of terrorism regarding determination of threats and vulnerability of risks of legalization (washing) of the income and financing of terrorism;

2) processing and data analysis for risks assessment of legalization (washing) of the income and financing of terrorism;

3) risks assessment of legalization (washing) of the income and financing of terrorism and identification of the measures directed to decrease in risks of legalization (washing) in the income and financing of terrorism.

7. The inquiry to structures of the working group is sent by authorized body no later than 15 (fifteen) working days from the date of the beginning of each risks assessment of legalization (washing) of the income and financing of terrorism for nominations.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info