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LAW OF THE REPUBLIC OF KAZAKHSTAN

of August 28, 2009 No. 191-IV ZRK

About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

(as amended on 02-07-2018)

This Law determines the legal basis of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, legal relations of subjects of financial monitoring, authorized body and other state bodies of the Republic of Kazakhstan in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, and also mechanisms of implementation of the target financial sanctions relating to the prevention and prevention of terrorism and financing of terrorism, and the prevention, hindrance and the termination of distribution of weapons of mass destruction and its financing.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) suspicious transaction with money and (or) other property (further - suspicious transaction) - transaction of the client (including attempt of making of such transaction, the transaction which is in process of making or already committed transaction) concerning which there are suspicions that the money and (or) other property used for its making are the income from criminal activities, or transaction is directed to legalization (washing) of income gained in the criminal way, either financing of terrorism or other criminal activities;

2) transactions with money and (or) other property - the actions of physical persons and legal entities with money and (or) other property irrespective of form and method of their implementation directed to establishment, change or the termination of the related civil laws and obligations;

2-1) freezing of transactions with money and (or) other property - the measures taken by subjects of financial monitoring and state bodies on suspension of transfer, transformation, alienation or movement of money and (or) other property;

2-2) individual entrepreneurs and legal entities performing transactions with precious metals and gemstones, jewelry from them - persons performing purchase and sale of precious metals and gemstones, jewelry from them, except for the religious organizations, the museums and the organizations using precious metals, their chemical compounds, gemstones in the medical, research purposes or as a part of tools, devices, the equipment and products of technological appointment;

3) the beneficial owner - physical person:

which directly or indirectly possesses more than twenty five percent of shares in the authorized capital or placed (less exclusive and redeemed by society) shares of the client - the legal entity;

exercising control over the client otherwise;

for the benefit of which the client makes transactions with money and (or) other property;

3-1) independent specialist in legal issues - the physical person rendering legal services as independently, and as the partner or the worker based on the employment contract with the subject of the entrepreneurship giving legal aid;

4) the client - the physical person or legal entity receiving services of the subject of financial monitoring;

5) correspondence relations - the contractual relations arising when opening by banks, the organizations performing separate types of banking activities, the correspondent accounts to other banks for the purpose of making of transactions linked with implementation of bank servicing;

6) bank screen - the nonresident bank which has no physical presence in the state (territory) at which it is registered as bank and (or) obtained the license for implementation of banking activity, except for findings of such bank in immediate or indirect possession of the bank holding which is subject to the consolidated supervision in the state (territory) in which it is registered;

7) financial monitoring - set of measures for collection, processing, the analysis and use of data and information on the transactions with money and (or) other property performed by authorized body and the subject of financial monitoring according to this Law;

8) the transactions which are subject to financial monitoring - transactions of the client of the subject of financial monitoring with money and (or) other property concerning which according to this Law financial monitoring is established;

9) cashing in of the money received in the criminal way - the actions made by physical persons or legal entities for the purpose of receipt of cash by use of documents when making the imaginary deal directed to legalization (washing) of money;

10) income gained in the criminal way - the money and (or) other property received as a result of making of criminal offense;

11) legalization (washing) of income gained in the criminal way, - involvement in legal money turnover and (or) other property, received in the criminal way, by means of transactions in the form of conversion or the translation of the property representing the income from criminal offenses, or ownership and use of such property, concealment or concealment of its authentic nature, source, the location, method of the order, movement, the rights to property or its accessories if it is known that such property represents the income from criminal offenses, and is equal mediation in legalization of the money and (or) other property received in the criminal way;

11-1) state policy in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing - the legal, administrative and organizational measures directed to decrease in risks of legalization (washing) in income gained in the criminal way, both terrorism financings, and other measures according to this Law;

11-2) target financial sanctions - the measures for freezing of transactions with money and (or) other property accepted by subjects of financial monitoring and state bodies according to this Law and resolutions of the Security Council of the United Nations relating to the prevention and prevention of terrorism and financing of terrorism, and the prevention, hindrance and the termination of distribution of weapons of mass destruction and its financing;

12) terrorism financing - provision or whip-round and (or) other property, the right to property or benefits of property nature, and also donation, exchange, donations, the charitable help, rendering information and other services either the rendering financial services to physical person or group of persons, or the legal entity which is commited by person who was obviously realizing terrorist nature of their activities or the fact that the provided property, the rendered information, financial and other services will be used for implementation of terrorist activities or providing terrorist group, the terrorist organization, illegal paramilitary force;

12-1)  No. 12-VІ ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.07.2016;

13) authorized body - the state body performing financial monitoring and taking other measures for counteraction of legalization (washing) of income gained in the criminal way, to terrorism financing, financing of distribution of weapons of mass destruction according to this Law;

14) foreign public official - the person designated or elected, holding any position in legislative, executive, administrative, judicial bodies or armed forces of foreign state;

any person performing any public function for foreign state;

person holding executive position in the organizations created by the countries on the basis of agreements which have the status of international treaties;

15) competent authority of foreign state - the body of foreign state performing according to its legislation collection, processing, the analysis and use of data and information on transactions with money and (or) other property;

16) physical presence - the place of conducting activities of bank located at the permanent address (except the address of mailbox or the e-mail address) in which there are governing bodies and bank staff, are recorded also document storage, belonging to banking activity, and are performed the authorized body which granted to nonresident bank the license for implementation of banking activity;

17) business relations - the customer relations arising in the course of implementation by the subject of financial monitoring of professional activity.

Article 2. The legislation of the Republic of Kazakhstan on counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

1. The legislation of the Republic of Kazakhstan on counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Chapter 2. The prevention of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction

Article 3. Subjects of financial monitoring

1. For the purposes of this Law treat subjects of financial monitoring:

1) banks, branches of banks - nonresidents of the Republic of Kazakhstan, the organizations performing separate types of banking activities, except for the operator or the operational center of interbank money transfer system;

2) exchanges;

3) the insurance (reinsurance) organizations, insurance brokers, societies of mutual insurance, branches of the insurance (reinsurance) organizations - nonresidents of the Republic of Kazakhstan, branches of insurance brokers - nonresidents of the Republic of Kazakhstan;

4) single accumulation pension fund and Voluntary accumulation pension funds;

5) professional participants of the security market, central depositary;

6) the notaries performing notarial actions with money and (or) other property;

7) lawyers, legal consultants and other independent specialists in legal issues - in cases when they from name or at the request of the client participate in transactions with money and (or) other property concerning the following activities:

purchase and sale of the real estate;

managements of money, securities or other property of the client;

managements of bank accounts or security accounts;

accumulations of means for creation, providing, functioning or company management;

creations, purchase and sale, functioning of the legal entity or management of it;

8) the accounting organizations and professional accountants performing business activity in the sphere of financial accounting, auditing organizations;

9) organizers of gaming and lotteries;

10) the operators of mail rendering services in money transfer;

11) the organizations performing microfinancial activities;

12) payment institutes;

13) the individual entrepreneurs and legal entities performing leasing activities as the lessor without license;

14) No. 262-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 03.07.2019;

15) the individual entrepreneurs and legal entities performing transactions with precious metals and gemstones, jewelry from them;

16) the individual entrepreneurs and legal entities rendering intermediary services when implementing transactions of purchase and sale of real estate;

17) No. 12-VІ ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.07.2016.

18) fund of social medical insurance;

19) the members of the International financial center "Astana" performing in the territory of the International financial center "Astana" (further - MFTsA) the separate types of activity determined by Committee of MFTsA on regulation of financial services in coordination with authorized body according to recommendations of Group of development of financial measures of anti-money laundering (FATF).

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