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JOINT ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2014 No. 532, of November 28, 2014 No. 119

About approval of Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for commodity exchange

(as amended on 28-12-2015)

According to Item 3-2 of article 11 of the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", PRIKAZYVAYEM:

1. Approve the enclosed Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for commodity exchange.

2. (Tadzhiyakov B. Sh.) in the procedure established by the legislation to provide to committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective since December 15, 2014 and is subject to official publication.

Minister of Finance of the Republic of Kazakhstan

B. Sultanov

Acting Minister of national economy of the Republic of Kazakhstan

T. Zhaksylykov

No. 532, of November 28, 2014 No. 119 are approved by the Joint Order of the Minister of Finance of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of November 28, 2014

Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for commodity exchange

1. General provisions

1. These Requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism for commodity exchange (further - Requirements) are developed according to the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of the income received in the criminal way and to terrorism financing" (further - the Law on POD/FT) and International standards of Group of development of financial measures of anti-money laundering (FATF).

2. In these Requirements to subjects of financial monitoring commodity exchanges belong (further - Subjects).

3. If Requirements do not provide other, then the concepts applied in Requirements are used in the values specified in the Law on POD/FT and the Law of the Republic of Kazakhstan of May 4, 2009 "About commodity exchanges".

4. For the purposes of Requirements the following basic concepts are used:

1) freezing of transactions with money and (or) other property - the measures taken by Subjects by refusal in carrying out the transactions with money and (or) other property made by the organization or the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism or in their advantage, and is equal the client whose beneficial owner is such physical person, or in its advantage;

2) the client - physical person or legal entity, being the participant of stock exchange trading;

3) form of data and information on the transaction which is subject to financial monitoring - the form determined by Rules of representation by the subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring approved by the order of the Government of the Republic of Kazakhstan of November 23, 2012 No. 1484 (further - the FM-1) Form;

4) risks of legalization (washing) of income gained in the criminal way and to terrorism financing - possibility of deliberate or inadvertent involvement of Subjects in processes of legalization (washing) of income gained in the criminal way and to financing of terrorism or other criminal activities;

5) risk management of legalization (washing) of income gained in the criminal way and to terrorism financing - set of the measures for monitoring, identification of risks of legalization (washing) of income gained in the criminal way and terrorism financing, and also their minimization taken by Subjects (concerning services, clients);

6) authorized body - the state body performing financial monitoring and taking other measures for counteraction of legalization (washing) of income gained in the criminal way and financing of terrorism according to the Law on POD/FT.

5. Internal control is exercised for the purpose of:

1) ensuring accomplishment by Subjects of requirements of the legislation of the Republic of Kazakhstan on counteraction of legalization (laundering) of income gained in the criminal way and to terrorism financing (further - POD/FT);

2) maintenance of system effectiveness of internal control of Subjects at the level sufficient for risk management of laundering of income gained in the criminal way and to terrorism financing (further - OD/FT);

3) risk minimizations of OD/FT.

6. Rules of internal control (further - PVK) are the document which regulates the organizational bases of work directed to POD/FT and establishes operations procedure of Subjects for the purpose of POD/FT.

7. According to Item 3 of article 11 of the Law, PVK include:

the program of the organization of internal control for the purpose of POD/FT;

the management program risk of OD/FT considering risks of clients and risks of use of services in criminal objectives including risk of use of technological achievements;

program of identification of clients;

the program of monitoring and studying of transactions of clients, including studying of difficult, unusually large and other unusual transactions of clients;

the program of preparation and training of employees of subjects of financial monitoring concerning POD/FT;

other programs which can be developed by subjects of financial monitoring according to PVK.

8. PVK provide appointment of the responsible official or structural division on the organization, monitoring of realization and observance of PVK.

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