LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 10, 2014 No. 206-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 (The sheet of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11 of Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, Art. No. 4-5, 24):

in item 4 of Article 156 the word "illegal" to replace with the word "criminal".

2. In the Criminal Code of Kazakhstan of July 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; Art. No. 15-16, 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13; No. 3, Art. 26, 27; No. 4, Art. 30; No. 5, Art. 35, 36; No. 10, Art. 77; No. 12, Art. 84; 2013, No. 1, Art. 2; No. 4, Art. 21; No. 7, Art. 36; Art. No. 10-11, 54, 56; No. 14, Art. 72; No. 15, Art. 78; 2014, No. 1, Art. 9; No. 2, Art. 11; No. 4-5, of Art. 24; The Law of the Republic of Kazakhstan of April 23, 2014 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning activities of law-enforcement bodies", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 25, 2014)

1) in table of contents:

to state heading of Article 193 in the following edition:

"Article 193. Legalization (washing) of the money and (or) other property received in the criminal way";

add with headings of Articles 205-2 and 205-3 of the following content:

"Article 205-2. Manipulation in the security market

Article 205-3. Illegal use of the insider information";

Part one of Article 51 to add 2) with paragraphs the third and fourth the following content:

"For making of crimes, stipulated in Article 193 of this Code, confiscations, except property of the convict, also the property got in the criminal way or acquired on the money earned in the criminal way, transferred by the convict to the possession of other persons is subject.

For making of terrorist crimes of confiscation, except property of the convict, also the property got in the criminal way, used or intending for use in financing of terrorist activities is subject.";

3) in notes of Article 190:

in Item 1 of the word "190 and 191" shall be replaced with words "190, 191, 205-2 and 205-3";

to add Item 3 after figures "192-1," with figures "205-2, 205-3,";

4) in Article 193:

to state heading and part one in the following edition:

"Article 193. Legalization (washing) of the money and (or) other property received in the criminal way

1. Involvement in legal money turnover and (or) other property, received in the criminal way, by means of transactions by conversion or transfer of the property representing the income from crimes, concealment or concealment of authentic nature, source, the location, method of the order, movement, the rights to property or its accessory if it is known that such property represents the income from crimes, and is equal ownership and use of this property

are punished by penalty in the amount of five hundred to one thousand monthly settlement indicators or restriction of freedom for a period of one up to three years or imprisonment for the same term with penalty in the amount up to hundred monthly settlement indicators or without that, with confiscation of property.";

in notes:

in Item 1 of the word "money or other property" shall be replaced with words "money and (or) other property received in the criminal way";

in Item 2 of the word "money or the property acquired" shall be replaced with words "money and (or) other property received";

add with Item 3 following of content:

"3. Conversion in this Article is understood as essential transformation, change of conditions, replacement of one money and (or) other property by others.";

To add 5) with Articles 205-2 and 205-3 of the following content:

"Article 205-2. Manipulation in the security market

1. The manipulation in the security market if such act caused major damage to the citizen, to the organization or the state or is integrated to commercialization in large size,

it is punished by penalty in the amount of five hundred to one thousand monthly settlement indicators or corrective works for a period of up to two years, or restriction of freedom for a period of six months up to two years.

2. Same act:

1) committed repeatedly;

2) integrated to commercialization in especially large size;

3) made by group of persons by previous concert or organized group,

it is punished by penalty at the rate from one thousand to two thousand monthly settlement indicators or imprisonment for a period of one up to three years, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without property, that with confiscation.

Notes.

1. The manipulation in the security market in this Article is understood as the actions of subjects of the security market prohibited by the Law of the Republic of Kazakhstan "About the security market" directed to establishment and (or) maintenance of the prices of securities higher or are lower than those which were established as a result of objective ratio of the supply and demand, on creation of visibility of trade in security.

2. Major damage the damage which amount exceeds ten thousand monthly settlement indicators is recognized Articles 205-2 and 205-3 of this Code.

Article 205-3. Illegal use of the insider information

1. Intentional actions for use of the insider information in case of transactions with securities and (or) derivative financial instruments, illegal transfer of the insider information to the third parties, provision to the third parties of the recommendations or offers on transactions with securities and (or) derivative financial instruments based on the insider information if these actions caused major damage to the citizen, to the organization or the state or are integrated to commercialization in large size,

are punished by penalty from five hundred to one thousand monthly settlement indicators or in the amount of the salary or other income of the convict for the period from five to ten months or deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to five years, or arrest for a period of up to six months, or imprisonment for a period of six months up to one year, with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.

2. Same acts:

1) made by group of persons by previous concert or organized group;

2) integrated to commercialization in especially large size;

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