RESOLUTION OF THE CHAIRMAN OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2008 No. 18

About approval of Rules of provision by banks of the second level and the organizations performing separate types of banking activities, electronic banking services

According to the subitem 20) "About National Bank of the Republic of Kazakhstan" the Board of National Bank of the Republic of Kazakhstan DECIDES: parts two of article 15 of the Law of the Republic of Kazakhstan of March 30, 1995

1. Approve the enclosed Rules of provision by banks of the second level and the organizations performing separate types of banking activities, electronic banking services (further - Rules).

2. This resolution becomes effective after six months from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

3. The banks of the second level and organization performing the separate types of banking activities which opened the websites before enforcement of this resolution represent within ten working days from the date of introduction it to action in National Bank of the Republic of Kazakhstan data, stipulated in Item 4 Rules.

4. To department of payment systems (Musayev R. N.):

1) together with Legal department (Sharipov S. B.) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;

2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan to bring this resolution to the attention of the interested divisions of central office, territorial branches of National Bank of the Republic of Kazakhstan, banks of the second level, Development Bank of Kazakhstan joint-stock company, the organizations performing separate types of banking activities, Kazpochta joint-stock company, Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations and Consolidation of legal entities "Association of financiers of Kazakhstan".

5. To management on ensuring activities of management of National Bank of the Republic of Kazakhstan (Terentyev A. L.) in three-day time from the date of obtaining from Department of payment systems of the request for publication to take measures to official publication of this resolution in mass media of the Republic of Kazakhstan.

6. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Sartbayev M. M.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of March 28, 2008 No. 18

Rules of provision by banks of the second level and the organizations performing separate types of banking activities, electronic banking services

1. General provisions

1. These rules are developed according to the Laws of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan" of March 30, 1995, "About banks and banking activity in Respubli Kazakhstan" of August 31, 1995, "About the electronic document and the digital signature" of January 7, 2003, "About informatization" of January 11, 2007 and establish procedure for provision by banks of the second level and the organizations performing separate types of banking activities (further - banks), electronic banking services. Action of these rules does not extend to provision of the banking services connected with use of payment cards.

2. In these rules the concepts provided by the Laws of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" of August 31, 1995, "About payments and money transfers" of June 29, 1998, "About the electronic document and the digital signature" of January 7, 2003 and "About informatization" of January 11, 2007 and also the following concepts are used:

1) authentication - confirmation of authenticity and correctness of creation of the electronic document by use of the procedure of the safety established by bank;

2) disposable (one-time) code - the unique sequence of electronic digital symbols created by software and hardware at the request of the client and intended for access to the client to electronic banking services, disposable by provision. In case of repeated access for the client to electronic banking services creation and use of new disposable (one-time) code is required;

3) it is information - banking services - the electronic banking services connected with provision by bank to the client of information on remaining balance and movements of money according to its bank accounts about the registered payments and money transfers and other information on the provided and provided banking services, on requests of the client or under the agreement signed between bank and the client;

4) the Internet booth - the electronic terminal allowing the client of bank independently (without participation of the authorized employee of bank) to receive electronic internet banking services;

5) the client - the physical person or legal entity which signed the agreement on provision of electronic banking services or the agreement of bank servicing with bank;

6) dynamic identification of the client - the procedure of establishment of authenticity of the client for the purpose of unambiguous confirmation of its rights to electronic banking services by use of disposable (one-time) code;

7) the procedure of safety - complex of the organizational measures and program technical means of information security intended for identification of the client in case of creation, transfer and receipt of electronic documents for the purpose of establishment of its right to electronic banking services and detection of mistakes and/or changes in content of the transferred and received electronic documents;

8) transactionally - banking services - the electronic banking services connected with opening and closing with the client of bank account (-ov), carrying out payments and money transfers, exchange transactions with foreign currency, issue of bank loan and implementation of other types of the banking activities which are not relating to it is information - to banking services;

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