of February 28, 2022 No. 17, on February 28, 2022 No. 60
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 organizers of gaming and lotteries
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 and to financing of terrorism for organizers of gaming and lotteries, 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 for Culture and Sports 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 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.
Minister for Culture and Sports of the Republic of Kazakhstan |
__________ D. Abayev |
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 the Agency of the Republic of Kazakhstan on financial monitoring and the Minister for Culture and Sports of the Republic of Kazakhstan of February 28, 2022 No. 17, on February 28, 2022 No. 60
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 organizers of gaming and lotteries 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 organizers of gaming and lotteries 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 gaming".
4. For the purposes of Requirements the following basic concepts are used:
1) the allocated communication channel - the network of the authorized body performing financial monitoring, used for electronic interaction with the Subject;
2) the FM-1 form - form of data and information on the transaction which is subject to financial monitoring, the subjects of financial monitoring of the data approved by authorized body on financial monitoring in the sphere of POD/FT provided by Rules of representation according to Item 2 of article 10 of the Law on POD/FT;
3) 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;
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