of April 28, 2012 No. 154
About approval of Rules of implementation of currency transactions in the Republic of Kazakhstan
According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of March 19, 2010 "About the state statistics" and of January 6, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning currency control and currency exchange control" the Board of National Bank of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of implementation of currency transactions in the Republic of Kazakhstan.
2) the resolution of Board of National Bank of the Republic of Kazakhstan of June 25, 2007 No. 60 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of December 11, 2006 No. 129 "About approval of Rules of implementation of currency transactions in the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 4840, published on August 15, 2007 in the Yuridicheskaya Gazeta newspaper No. 124 (1327);
3) the resolution of Board of National Bank of the Republic of Kazakhstan of August 24, 2009 No. 76 "About modification and amendments in the resolution of Board of National Bank of the Republic of Kazakhstan of December 11, 2006 No. 129 "About approval of Rules of implementation of currency transactions in the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 5823, published on November 6, 2009 in the Yuridicheskaya Gazeta newspaper No. 170 (1767), in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan No. 12, 2009).
3. This resolution becomes effective since July 1, 2012 and is subject to official publication.
Chairman of National Bank
G. Marchenko
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It is approved Agency of the Republic of Kazakhstan according to the statistics May 17, 2012 |
Chairman A. A. Smailov |
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It is approved Ministry of Finance of the Republic of Kazakhstan June 1, 2012 |
Minister B. Zhamishev |
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It is approved Ministry of Foreign Affairs of the Republic of Kazakhstan May 25, 2012 |
Responsible secretary R. Zhoshybayev |
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It is approved Ministry of economic development and trade of the Republic of Kazakhstan May 28, 2012 |
Minister B. A. Sagintayev |
Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of April 28, 2012 No. 154
1. Rules of implementation of currency transactions in the Republic of Kazakhstan (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" and the Law of the Republic of Kazakhstan of June 13, 2005 "About currency control and currency exchange control" (further - the Law) and determine procedure residents and nonresidents of currency transactions, and also general provisions of the modes of registration and the notification and procedure of registration of currency transactions by National Bank of the Republic of Kazakhstan (further - National Bank) and notifications of National Bank on currency transactions and on the bank account in foreign bank.
The procedure of currency transactions is established concerning carrying out payments and money transfers on currency transactions, purchases and sales of foreign currency, removal (transfer) and use of cash foreign currency.
General provisions of the modes of registration and the notification determine threshold values in case of which excess there are requirements of registration or the notification, and also exception of the modes of registration and the notification.
The procedure of registration of currency transactions by National Bank and notifications of National Bank on currency transactions and on the bank account in foreign bank includes procedures of registration and the notification for separate types of currency transactions, forms and procedure for submission of data by residents within the granted registration certificates and certificates on the notification, special cases of the modes of currency control, and also transitional provisions.
2. The concepts applied in these rules are used in the values specified in the Law.
For the purposes of these rules also following terms and concepts are used:
1) No. 32 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 16.03.2015;
2) investment object - the legal entity, mutual investment fund, whose securities (voice of participants) are acquired (are acquired), and also the organizations in whose property are brought (are brought) property fees. In case of carrying out transactions with depositary receipts investment object is the issuer of the security which is their underlying asset;
3) own transactions - the currency transactions of the resident which is the party of the currency agreement, performed on its own behalf and at the expense of own means;
4) securities of nonresident issuers - the financial instruments recognized by securities according to the legislation of the Republic of Kazakhstan and (or) the country of the issuer including depositary receipts which underlying asset are securities of nonresident issuers;
5) securities of resident issuers - the financial instruments recognized by securities according to the legislation of the Republic of Kazakhstan including depositary receipts which underlying asset are securities of resident issuers;
6) object of direct investment - the legal entity, ten and more percent of voting shares or ten and more percent of votes from total quantity of voices of participants of which belong (will belong) to the direct investor;
7) the direct investor - the legal entity or physical person performing (performed) direct investments in investment object.
3. For the purposes of these rules the date determined according to the resolution of Board of National Bank of February 24, 2012 No. 42 "About approval of Rules of implementation of export-import control in the Republic of Kazakhstan and receipts of accounting contract numbers by residents by the export and import" registered in the Register of state registration of regulatory legal acts at No. 7584 is considered date of export or import (further - Rules of implementation of export-import currency exchange control).
4. If these rules do not stipulate other, the regulations established concerning legal entities extend also concerning their branches and representations.
5. Information required according to these rules (notifications, reports, written messages) is provided by authorized banks on paper or electronic method with use of transport system of the guaranteed delivery of information with the cryptographic remedies providing confidentiality and authenticity of transmitted data.
6. The authorized bank reports in National Bank about the facts of the violations of the foreign exchange legislation of the Republic of Kazakhstan allowed by clients of bank, except for abuses of regulations of implementation of export-import currency exchange control which became to it known during calendar month no later than the last number of the following calendar month in the form established by appendix 1 to these rules.
7. When carrying out payment and (or) money transfer on currency transaction through authorized bank the resident (nonresident) who is the sender or the payee submits the following documents to authorized bank:
1) the identity document (for physical persons);
2) the document confirming the right of permanent residence in the Republic of Kazakhstan (for physical persons - foreigners and stateless persons), in the presence;
3) the reference or the certificate on the state (accounting) registration (re-registration) in the Republic of Kazakhstan (for legal entities of the residents which are subject to state registration (re-registration) according to the legislation of the Republic of Kazakhstan, and branches (representations) of the nonresidents who are subject to accounting registration (re-registration) according to the legislation of the Republic of Kazakhstan) if this document was not submitted or changed earlier;
4) currency agreement (original or its copy), except as specified, stipulated in Item 8 these rules. If the currency agreement is connected with export or import and requires receipt of accounting contract number, the original of the currency agreement or its copy with mark about receipt of accounting contract number is submitted;
5) the registration certificate, the certificate on the notification, in the cases provided by these rules;
6) the documents or their copies confirming execution or based on which obligation fulfillment according to the transactions connected with export or import, except as specified, of stipulated in Item 8 these rules is necessary.
For the purpose of refining of circumstances of the transaction, classification of transaction and its participants the legal entity submits constituent documents upon the demand of authorized bank.
In case of non-presentation by the resident (nonresident) of the documents and data required according to this Item, authorized bank payment and (or) money transfer on currency transaction it is not carried out, except as specified, the these rules provided by Item part two 9, Items 10 and 12.
8. Submission of the currency agreement is not required for the non-paid money transfer on currency transaction between physical persons made within the Republic of Kazakhstan and also for money transfers of physical person on own bank account (from own bank account) in foreign bank.
Submission of the currency agreement is obligatory for payment and (or) money transfer on currency transaction concerning which requirements of registration, the notification or receipt of accounting contract number are determined. In other cases when carrying out payment and (or) money transfer according to the bank account of resident and nonresident in the amount equal or not exceeding ten thousand US dollars in equivalent, submission of the documents provided by subitems 4) and 6) of Item 7 of these rules is not required if:
1) sender (receiver) of money is the nonresident or physical resident person;
2) sender (receiver) of money is legal resident person and the sender (receiver) of money in writing confirmed that this payment and (or) money transfer is not connected with implementation of the currency transaction requiring receipt of the registration certificate, the certificate on the notification, accounting contract number.
If the payment currency and (or) money transfer differs from US dollar, the equivalent of payment amount and (or) money transfer is calculated with use of the market rate of currency exchange on the date of carrying out transaction.
9. When carrying out by the resident payment and (or) money transfer on currency transaction on which the registration certificate and (or) the certificate on the notification are required the resident represents to authorized bank originals (the duplicates issued by National Bank) and copies of such documents. After their reconciliation copies remain in authorized bank, and originals (the duplicates issued by National Bank) return to resident. In the cases provided by part one of Item 73 of these rules instead of the original of the registration certificate (the certificate on the notification) other resident participants of the currency agreement the copy of the registration certificate (the certificate on the notification) certified by seal of National Bank is submitted.
In case of absence at resident of the certificate on the notification the authorized bank performs operation, informing the resident in any form of need of receipt of the certificate on the notification. At the same time the authorized bank monthly to the 20th (inclusive) the month following the accounting period submits in central office of National Bank payment report and (or) money transfers on currency transactions in the form established by appendix 2 to these rules. Payments and (or) money transfers on currency transactions made with use of payment cards join in the report for that period in which information on such payments and (or) money transfers arrived from resident.
In case of receipt for benefit of resident of money on currency transaction on which the registration certificate is required the authorized bank informs the resident on need of submission of the registration certificate and enlists the arrived money for the bank account of resident only after submission of the specified document to them.
If the changes requiring according to subitems 1), 2), 6) Item 28 of these rules of receipt of the new registration certificate or the certificate on the notification are made to the currency agreement under which the registration certificate or the certificate on the notification is drawn up acceptance as the document provided by the subitem 5) of Item 7 of these rules, the existing registration certificate or the certificate on the notification is allowed. At the same time the authorized bank informs the resident in any form of need of receipt of the new registration certificate or the certificate on the notification.
10. The payment and (or) money transfer on currency transaction of the resident (nonresident) with use of the payment card issued by authorized bank is performed without preliminary submission to authorized bank of the documents specified in Item 7 of these rules. If these rules do not provide other, the specified documents are submitted at the request of authorized bank or National Bank.
11. In case of carrying out by legal resident person payment and (or) money transfer on currency transaction with use of corporate payment card which amount exceeded ten thousand US dollars in equivalent legal resident person represents the currency agreement to authorized bank. The specified document is submitted legal resident person within thirty working days from the date of carrying out the above-stated transaction.
If the payment currency and (or) money transfer differs from US dollar, the equivalent of payment amount and (or) money transfer is calculated with use of the market rate of currency exchange on the date of carrying out transaction.
12. In case of absence at physical person sender (receiver) of money of possibility of submission of the currency agreement the authorized bank registers payment and (or) money transfer on currency transaction only when specifying by the sender (receiver) of money of the purpose of such translation and availability of the record made or confirmed to them:
1) information on this payment and (or) money transfer resolving to authorized bank submission to law enforcement agencies of the Republic of Kazakhstan and National Bank on their requirement;
2) confirmatory that this payment and (or) money transfer is not connected with implementation by physical person of the currency transaction requiring receipt of the registration certificate, the certificate on the notification, accounting contract number (for physical resident persons);
3) confirmatory that this payment and (or) money transfer is not connected with business activity of physical person (in case of money transfer without opening of the bank account in authorized bank);
4) confirmatory that this payment and (or) money transfer is not connected with financing of terrorist or extremist activities and other complicity to terrorism or extremism.
Provisions of this Item do not extend to payments and (or) money transfers according to the bank account of physical person made with use of payment card of authorized bank.
13. The authorized bank monthly to the 20th (inclusive) the month following the accounting period submits in central office of National Bank the report on the form established by appendix 3 to these rules, containing information on the following payments and (or) money transfers on currency transactions made by physical persons during calendar month:
1) about the payment and (or) money transfer which is carried out without opening of the bank account in authorized bank if the amount of such payment and (or) money transfer exceeded ten thousand US dollars in equivalent;
2) about the payment and (or) money transfer which is carried out according to bank accounts according to the procedure, stipulated in Item 12 these rules if the amount of such payment and (or) money transfer exceeded fifty thousand US dollars in equivalent;
3) about payment and (or) money transfer on currency transaction or the cash withdrawal of money from the bank account which is carried out with use of payment card of authorized bank if the amount of such payment and (or) money transfer or such removal exceeded ten thousand US dollars in equivalent.
If the payment currency and (or) money transfer or money withdrawal differs from US dollar, the equivalent of payment amount and (or) money transfer is calculated with use of the market rate of currency exchange on the date of carrying out transaction.
The report on the form established by appendix 3 to these rules does not join information on the payments and money transfers on currency transactions made by physical persons within the Republic of Kazakhstan and also on money transfers of physical persons on own bank accounts (from own bank accounts) in foreign banks.
14. The payment and (or) money transfer on currency transaction which is carried out by the third litsomrezident through authorized bank on account of obligation fulfillment of resident and (or) the nonresident is allowed on condition of submission of the agreement determining nature of cross liabilities between third resident person and person for who the payment and (or) money transfer is made if it does not follow from the currency agreement based on which such payment and (or) money transfer is made.
If the payment and (or) money transfer on currency transaction is made by physical litsomrezident on account of obligation fulfillment of the spouse (spouse) or the close relative, then as the agreement determining nature of cross liabilities between such physical persons the document, confirmatory is submitted that the sender of money is spouse (spouse) or the close relative of physical person on account of whose obligation fulfillment the payment and (or) money transfer is made.
15. The payment and (or) the money transfer on currency transaction of resident from the bank account of the nonresident in foreign bank made on account of obligation fulfillment of resident is allowed in case:
1) transfers of the financial loan obtained by resident from the nonresident on bank accounts of the third parties;
2) rendering financial services in the security market to resident the nonresident having the right to implementation of professional activity in the security market by the legislation of the state where it is registered;
3) rendering by the nonresident to resident services in the agreement of the order.
16. Legal entities (except for authorized banks and authorized organizations) buy and sell foreign currency in the domestic foreign exchange market through authorized banks based on the purchasing request or sale of the foreign currency which is drawn up according to Items 17 or 19 of these rules.
17. In case of execution of the purchasing request of foreign currency through authorized bank legal resident person, not being authorized bank or authorized organization, specifies the purpose of purchase and the amount of foreign currency.
In case of purchase of foreign currency for national currency on the amount over hundred thousand US dollars in equivalent legal resident person, not being authorized bank or authorized organization, attaches to the request the copy of the currency agreement in pursuance of which the foreign currency, and (or) other documents confirming the purpose of purchase and the amount of foreign currency is secured.
18. The authorized bank in case of execution of the purchasing request of foreign currency for national currency on the amount over hundred thousand US dollars in equivalent which is drawn up according to Item 17 of these rules performs reconciliation specified in the request of the purpose of purchase and the amount of foreign currency with the currency agreement and (or) other documents confirming the purpose of purchase and the amount of foreign currency.
19. In case of execution of the purchasing request or sale of foreign currency for national currency through authorized bank legal nonresident person specifies the purpose of purchase or sale of foreign currency.
20. Physical persons without restrictions remove (enlist) cash foreign currency from the bank accounts (on the bank accounts) in authorized banks.
21. The cash foreign currency is removed from the business bank account in authorized bank for the purposes of implementation of payments to physical persons in the cases specified in subitems 5) and 6) of Item 1 of article 16 of the Law, and also settlings with physical persons in the cases provided by subitems 3), 4) and 7) of Item 1 of article 16 of the Law.
22. The legal entity in case of removal of cash foreign currency from the bank account for the purposes of implementation of payments to physical persons according to subitems 5) and 6) of Item 1 of article 16 of the Law submits to authorized bank documents based on which salary payment or payment of the expenses connected with business trip of workers out of limits of the Republic of Kazakhstan, including entertainment expenses with indication of the withdrawn sum of cash foreign currency is made. The documents submitted by the legal entity are not limited in form and shall confirm the purpose of payment (payment). As such documents submission of the order, order, decision, estimate of traveling expenses is allowed.
In case of removal of cash foreign currency with use of corporate payment card the specified documents are submitted to authorized bank within thirty working days from the date of such removal.
Unused part of the cash foreign currency which is earlier removed by the legal entity on payment of the expenses connected with business trip of workers out of limits of the Republic of Kazakhstan, including entertainment expenses is subject to obligatory transfer on the business bank account in authorized bank within ten working days from the date of the termination of term of sending of workers.
23. In case of transfer of cash foreign currency the basis of receipt of cash foreign currency is specified the business bank account in authorized bank in the receipt cash document. The authorized bank reports to National Bank about the fact of transfer of cash foreign currency on the business bank account according to Item 6 of these rules, except as specified transfers of the cash foreign currency received by legal entities according to subitems 3), 4), 6), 7) and 7-1) Items 1 of article 16 of the Law.
24. The regulations stated in Items 21-23 of these rules do not extend to the diplomatic and equated to them representations, consular establishments of foreign states accredited in the Republic of Kazakhstan.
25. The registration certificate, the certificate on the notification is granted to the rezidentufizichesky or legal entity.
The resident submits the application for receipt of the registration certificate, notifies National Bank in the terms determined by Items 3, of 3-1 Article 8 and Item 2 of article 9 of the Law respectively.
26. In case of the appeal of branch (representation) of legal resident person which is not bank behind registration and (or) with the notification on the currency transaction performed by this branch (representation), the registration certificate and (or) the certificate on the notification is granted to legal resident person with indication of the relevant branch (representation). Further submission of reports on these transactions is performed by branch (representation).
With the notification on the currency transaction performed by branch (representation) of bank the bank addresses.
27. The resident in writing reports in place of registration and (or) notifications on all changes and amendments to the currency agreement no later than sixty calendar days from the date of introduction of such changes and amendments with submission of copies of the relevant documents.
28. Receipt of the new registration certificate and (or) new certificate on the notification in exchange earlier granted is required in case of change of the following data specified in earlier granted registration certificate and (or) the certificate on the notification:
1) the total amount of the currency agreement towards increase;
2) currencies of the currency agreement;
3) participants of the currency agreement if change involves change of requirements or obligations of the participating resident of the currency agreement;
4) identification these participants of the currency agreement (surname, name of physical person or name of the legal entity);
5) subject of the currency agreement;
6) effective period of the currency agreement – upon transition with short-term (up to one year inclusive) on long-term (more than one year);
7) places of permanent residence (stay) of resident – in case of re-deployment to other area, the city of Almaty, Astana;
8) countries of permanent residence (stay) of the nonresident.
In case of concession resident to other resident of the requirement to the nonresident and (or) the translation by the resident to other resident of debt to the nonresident the term of financial loan (commercial credit) is calculated from the date of emergence of requirements (obligations) of the initial creditor (the initial debtor).
29. The registration certificate, the certificate on the notification is considered invalid in the following cases:
1) in case of issue of the new registration certificate and (or) issue of the new certificate on the notification, in cases, stipulated in Item 28 these rules;
2) if currency transaction is acknowledged invalid in the procedure established by the legislation;
3) after obtaining by National Bank of the written message of resident on lack of obligation fulfillment by agreement parties with the expired effective period;
4) after obtaining by National Bank of the written message of resident on complete cessation of obligations between the parties, except as specified, when the resident who received the registration certificate on direct investments is direct investor and (or) object of direct investment;
5) after obtaining by National Bank of the written message of resident on completion of ownership of asset;
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The document ceased to be valid since July 1, 2019 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 40