THE JOINT ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON FINANCIAL MONITORING AND THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of March 15, 2022 No. 21, on March 24, 2022 No. 54

About approval of Rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction

According to Item 5 of article 16-2 of the Law of the Republic of Kazakhstan "About the state legal statistics and special accounting" PRIKAZYVAYEM:

1. Approve the enclosed Rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction.

2. Recognize invalid:

1) the joint order of the Attorney-General of the Republic of Kazakhstan of February 21, 2017 No. 18 and the Minister of Finance of the Republic of Kazakhstan of February 22, 2017 No. 127 "About approval of Rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (it is registered in the Register of state registration of regulatory legal acts No. 14952)";

2) the joint order of the Attorney-General of the Republic of Kazakhstan of November 5, 2019 No. 139 and the Minister of Finance of the Republic of Kazakhstan of November 8, 2019 No. 1237 "About modification of the joint order of the Attorney-General of the Republic of Kazakhstan of February 21, 2017 No. 18 and the Minister of Finance of the Republic of Kazakhstan of February 22, 2017 No. 127 "About approval of Rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (it is registered in the Register of state registration of regulatory legal acts for No. 19594).

3. In the procedure established by the legislation of the Republic of Kazakhstan 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 resources of the Prosecutor General's Office of the Republic of Kazakhstan and the Agency.

4. This order becomes effective after day of its first official publication.

No. 21, No. 54 are approved on March 24, 2022 by the joint Order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring and the Attorney-General of the Republic of Kazakhstan of March 15, 2022

Rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction

Chapter 1. General provisions

1. These rules and the bases of obtaining by authorized body on financial monitoring from information exchange system of law enforcement, special state and other agencies of information necessary for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction (further - Rules) are developed according to Item 5 of article 16-2 of the Law of the Republic of Kazakhstan "About the state legal statistics and special accounting" and determine procedure and the bases of receipt of information from information exchange system of law enforcement, special state and other agencies (further – SIO PSO) the authorized body on financial monitoring performing financial monitoring and other activities for counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction (further – authorized body on financial monitoring).

Chapter 2. The bases of receipt of information from SIO PSO

2. For receipt of information the compulsory provision is availability at the user of authorized body on financial monitoring (further – the user of authorized body on financial monitoring) the bases, stipulated by the legislation, and also registration in SIO PSO according to the List of cast of SIO PSO on the bases according to appendix 1 to these rules.

3. The user of authorized body on financial monitoring provides justification of request, compliance with law about personal data and their protection protected by the law of other secret, and also their use is exclusive for the purpose of, declared in request.

Required information is reflected in reporting materials on the performed tasks.

Chapter 3. Procedure for receipt of information from SIO PSO

4. Users of authorized body on financial monitoring obtain information from SIO PSO according to the List of electronic information resources from SIO PSO specified in appendix 2 to these rules.

Access to SIO PSO to users of authorized body on financial monitoring is provided in case of observance of the conditions for work with SIO PSO stated in annex 4 to the Rules of forming, access, use, storage, protection and destruction of data from information exchange system of law enforcement, special state and other agencies approved by the order of the Attorney-General of the Republic of Kazakhstan of January 13, 2023 No. 21 "About approval of Rules of forming, access, use, storage, protection and destruction of data from information exchange system of law enforcement, special state and other agencies" (it is registered in the Register of state registration of regulatory legal acts No. 31702) (further – Rules No. 21).

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