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

of March 30, 2022 No. 114-HK

About approval of Rules of representation by state bodies of the Republic of Kazakhstan of data from own information systems and resources at the request of authorized body on financial monitoring

According to the subitem 3) of Item 2 of article 18 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" I ORDER:

1. Approve the enclosed Rules of representation by state bodies of the Republic of Kazakhstan of data from own information systems and resources at the request of authorized body on financial monitoring.

2. To provide to department on work with subjects of financial monitoring of the Agency of the Republic of Kazakhstan on financial monitoring in the procedure established by the legislation of the Republic of Kazakhstan within ten calendar days after signing of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan.

3. This order becomes effective from the date of its signing.

Chairman

Zh. Elimanov

Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on financial monitoring of March 30, 2022 No. 114-HK

Rules of representation by state bodies of the Republic of Kazakhstan of data from own information systems and resources at the request of authorized body on financial monitoring

1. General provisions

1. These rules of representation by state bodies of the Republic of Kazakhstan of data from own information systems and resources at the request of authorized body on financial monitoring (further – Rules) are developed according to the subitem 3) of Item 2 of article 18 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) and determine procedure for representation by state bodies of the Republic of Kazakhstan for data from own information systems and resources in financial monitoring Agency of the Republic of Kazakhstan (further – the Agency) for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.

2. In these rules the following terms and concepts are used:

1) the automated workplace (further – automated workplace) – the hardware and software providing creation, collection, processing, accumulating, storage, search, distribution and consumption of information;

2) information system – the organizational arranged set of the information and communication technologies, service personnel and technical documentation realizing certain technological actions by means of information exchange and intended for the solution of specific functional objectives;

3) electronic information resources – information in electronic and digital form containing on the electronic medium and in objects of informatization;

4) participants of information exchange – The agency and the relevant state body of the Republic of Kazakhstan representing data from own information systems and resources to the Agency according to these rules;

5) the single transport circle of state bodies (further – UTS of GO) – the network of telecommunications entering information and communication infrastructure of "the electronic government" and intended for ensuring interaction local (except for the local networks having Internet access), departmental and corporate networks of telecommunications of state bodies, their subordinated organizations and local government bodies, and also other subjects of informatization determined by authorized body with observance of required level of information security;

6) objects of informatization – electronic information resources, the software, Internet resource and information and communication infrastructure.

2. Procedure for submission of data from information systems and resources

3. State bodies of the Republic of Kazakhstan represent data from own objects of informatization to the Agency by the following methods:

1) by means of integration of information systems of the Agency into databases of objects of informatization through UTS of GO which is performed according to the legislation of the Republic of Kazakhstan on informatization;

2) by means of provision of access to automated workplace in case of lack of possibility of transfer of data by the methods specified in the subitem 1) of this Item;

3) by means of provision of access to databases of objects of informatization of state bodies through UTS of GO in the mode of request and the answer in case of lack of possibility of transfer of data by the methods specified in subitems 1) and 2) of this Item;

4) on paper in case of lack of possibility of transfer of data by the methods specified in subitems 1) – 3) this Item.

4. Realization of methods of provision is provided to the Agency of data from objects of informatization of the state bodies specified in Item 3 of these rules with observance of Rules of implementation by the owner and (or) the operator, and also the third party of the measures for personal data protection approved by the order of the Government of the Republic of Kazakhstan of September 3, 2013 No. 909, of Single requirements in the field of information and communication technologies and the ensuring information security approved by the order of the Government of the Republic of Kazakhstan of December 20, 2016 No. 832, and also other regulatory legal acts of the Republic of Kazakhstan.

State bodies of the Republic of Kazakhstan represent data from information resources of limited access to the Agency by the method specified in the subitem 4) of this Item with observance of requirements of the legislation of the Republic of Kazakhstan on the state secrets.

5. Data and terms of their representation from information systems and resources are determined by participants of information exchange according to the joint approved act.

6. Participants of information exchange observe confidentiality of information obtained within these rules and provide the mode of storage, protection and safety of information obtained in the course of the activities, component the office, commercial, bank or protected by the law other secret.

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