THE JOINT ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON FINANCIAL MONITORING AND THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND THE AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of February 28, 2022 No. 19, on February 28, 2022 No. 69/Tax Code

About approval of Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction for the operators of mail rendering services in money transfer

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" PRIKAZYVAYEM:

1. Approve Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction for the operators of mail rendering services in money transfer according to appendix 1 to this joint order.

2. Recognize invalid some joint orders of the Minister of Finance of the Republic of Kazakhstan and the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan, according to appendix 2 to this joint order.

3. In the procedure established by the legislation to provide to financial monitoring agency of the Republic of Kazakhstan (further - the Agency):

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.

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

No. 19, No. 69/Tax Code are approved on February 28, 2022 by the joint Order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring and the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of February 28, 2022

Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction for the operators of mail rendering services in money transfer

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, to financing of terrorism and financing of distribution of weapons of mass destruction for the operators of mail rendering services in money transfer (further – Requirements) are developed 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 operators of mail rendering services in money transfer 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 mail".

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

1) money transfer services – financial services which provide acceptance of cash, checks, other monetary instruments or other stores of value, and also payment of the corresponding cash amount or in other form to the receiver by means of communication, the message, the translation or through clearing network;

2) the allocated communication channel – the network of authorized state body used for electronic interaction with the Subject;

3) risks of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction (further – OD/FT/FROMU) – possibility of deliberate or inadvertent involvement of Subjects in processes of legalization of OD/FT/FROMU or other criminal activities;

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