RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of July 16, 2024 No. 43

About approval of Requirements to procedure of activities of the center of data exchange for payment transactions with signs of fraud and its interaction with persons participating in its activities

According to Item part one 3, Items 6, of the 8 and 10 article 25-1 of the Law of the Republic of Kazakhstan "About payments and payment systems" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Requirements to procedure of activities of the center of data exchange for payment transactions with signs of fraud and its interaction with persons participating in its activities.

2. To provide to department of payment systems of National Bank of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) together with Legal department of National Bank of the Republic of Kazakhstan state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this resolution submission to Legal department of National Bank of the Republic of Kazakhstan of data on execution of the action provided by the subitem 2) of this Item.

3. To impose control of execution of this resolution on the supervising vice-chairman of National Bank of the Republic of Kazakhstan.

4. This resolution is subject to official publication and becomes effective since July 22, 2024.

Approved by the Resolution the acting as the chairman of National Bank of the Republic of Kazakhstan of July 16, 2024 No. 43

Requirements to procedure of activities of the center of data exchange for payment transactions with signs of fraud and its interaction with persons participating in its activities

Chapter 1. General provisions

1. These Requirements to procedure of activities of the center of data exchange for payment transactions with signs of fraud and its interaction with persons participating in its activities (further - Requirements) are developed according to Item part one 3, Items 6, of the 8 and 10 article 25-1 of the Law of the Republic of Kazakhstan "About payments and payment systems" (further - the Law on payments and payment systems), determine requirements to procedure of activities of the center of data exchange for payment transactions with fraud signs (further - the antifrod-center) and interactions of the antifrod-center with persons participating in activities of the antifrod-center (further - members of the antifrod-center), procedure the antifrod-center of forming and maintaining databases about events and attempts of implementation of payment transaction with fraud signs, procedure and terms of refusal or suspension by the financial organizations, payment institutes (further - the organization, the organizations) in case of receipt of information from the antifrod-center on the faces tied with payment transactions with fraud signs, procedure, forms and terms of the direction by the organizations of information on all events and (or) attempts of implementation of payment transactions with fraud signs.

2. In Requirements the concepts provided by the Law on payments and payment systems, the Law of the Republic of Kazakhstan "About communication" and Rules of release of payment cards, and also the requirements to activities for servicing of transactions with their use in the territory of the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 205 "About approval of Rules of release of payment cards, and also requirements to activities for servicing of transactions with their use in the territory of the Republic of Kazakhstan" are used (it is registered in the Register of state registration of regulatory legal acts at No. 14299).

3. The Antifrod-center - "National Payment Corporation of National Bank of the Republic of Kazakhstan" joint-stock company (further - the operator of the antifrod-center) which performs the measures directed to prevention of payment transactions with fraud signs in the round-the-clock mode.

4. According to part two of Item 3 of article 25-1 of the Law on payments and payment systems by members of the antifrod-center are:

1) financial organizations;

2) payment institutes;

3) mobile operators;

4) criminal prosecution authorities;

5) National Bank of the Republic of Kazakhstan (further - National Bank);

6) authorized body on regulation, control and supervision of the financial market and the financial organizations.

Chapter 2. Implementation of activities of the antifrod-center and interaction of the antifrod-center with his participants

5. Operator of the antifrod-center:

1) performs collection, consolidation and storage of data on events and attempts on payment transactions with fraud signs, including on other suspicious and (or) illegal transactions, arrived from the organizations, mobile operators and criminal prosecution authorities;

Processes 2) and analyzes data on the payments and (or) money transfers referred according to the established criteria to payment transactions with fraud signs, necessary for the organizations, mobile operators, criminal prosecution authorities;

3) provides information necessary for prevention of payment transactions with fraud signs, to the organizations, mobile operators, criminal prosecution authorities, including, information on threats, vulnerabilities, prerequisites of emergence of events, and also methods of their prevention and mitigation of consequences;

4) the corresponding mode of storage, protection and safety received in the course of the activities of information, data and documents, components provides the office, commercial, bank or protected by the law other secret;

5) performs collection, processing and storage of personal data in anonymous form.

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