The agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on cooperation and mutual aid in the field of fight illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way

of October 12, 1998

The government of the Russian Federation and the Government of the Republic of Kazakhstan which are hereinafter referred to as with the Parties

being guided by national legal systems and the international obligations of the states,

attaching importance to efforts of the international community on fight against illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way

proceeding from mutual interest in adjustment of effective cooperation between the competent authorities combating illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way

agreed as follows:

Article 1 Determination of Concepts

For the purposes of this agreement the used concepts mean the following:

"illegal financial transactions" - transactions and other actions of physical and (or) legal entities, residents and (or) nonresidents with currency, securities and payment documents (tools), irrespective of form and method of their implementation, directed to the establishment, change or the termination of the related civil laws and obligations made with the violation of the national legal system of the state of each of the Parties involving criminal, administrative or civil liability;

"information" - any known data, the facts, data which can concern directly or indirectly illegal financial transactions, and also financial transactions connected with legalization (washing) or use of income gained in the way, illegal according to determination of the national legal system of the state of each of the Parties;

"income gained in the illegal way" - things, including money and securities, personal and real estate, property rights, works and services, results of intellectual activities, including exclusive rights for them (intellectual property), other objects of the civil laws acquired as a result of violation of the national legal system of the state of each of the Parties involving criminal, administrative or civil liability;

"currency values":

a) foreign currency;

b) securities in foreign currency - payment documents (checks, bills of exchange, letters of credit and others), share values (shares, bonds) and other debt obligations expressed in foreign currency;

c) precious metals - gold, silver, platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium) in any kind and condition, except for jewelry and other household products, and also scrap of such products;

d) natural gemstones - diamonds, rubies, emeralds, sapphires and alexandrite in the crude and processed type, and also pearls, except for jewelry and other household products from these stones and scrap of such products.

Article 2 Subject of the agreement

The parties cooperate for the purpose of the organization of joint effective fight for the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way.

The article 3 Interaction with international treaties

This agreement does not affect the rights and obligations of the Parties following from international treaties on rendering legal assistance on civil and criminal cases which participants they are.

Article 4 Competent authorities

1. For the purpose of implementation of this agreement the cooperation of the Parties is directly performed by the bodies determined by each of the Parties (further hereinafter are referred to as - competent authorities). Competent authorities of the states of the Parties are:

a) from the Russian Federation:

The Federal Service of Russia on currency and export exchange control;

Ministry of Foreign Affairs of the Russian Federation;

Ministry of Internal Affairs of the Russian Federation;

Federal Security Service of the Russian Federation;

Russian Foreign Intelligence Service;

Prosecutor General's Office of the Russian Federation;

Central Bank of the Russian Federation;

State Customs Committee of the Russian Federation;

Federal Tax Police Service of the Russian Federation;

b) from the Republic of Kazakhstan:

Ministry of Finance of the Republic of Kazakhstan;

Tax Committee of the Ministry of Finance of the Republic of Kazakhstan;

Committee of tax police of the Ministry of Finance of the Republic

Kazakhstan;

Customs committee of the Ministry of Finance of the Republic of Kazakhstan;

National Bank of the Republic of Kazakhstan;

Committee of homeland security of the Republic of Kazakhstan;

Ministry of Internal Affairs of the Republic of Kazakhstan;

Prosecutor General's Office of the Republic of Kazakhstan;

Ministry of Justice of the Republic of Kazakhstan;

Ministry of Foreign Affairs of the Republic of Kazakhstan.

In case of change of the official name of competent authorities

The parties without delay will notify on this each other.

2. For implementation of this agreement competent authorities sign protocols on procedure for its implementation in the specific directions of cooperation.

Article 5 of Form of cooperation

The parties within this agreement use the following forms of cooperation:

a) exchange of information which can promote prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way namely:

legal nature, in particular about the national legal system directed against illegal financial transactions, and also financial transactions connected with legalization (washing) of income gained in the illegal way;

about forms and methods of the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way;

about illicit movements of currency values between the states of the Parties;

about the found facts of violation of procedure of financial transactions and development of forms and methods of legalization (washing) of income gained in the illegal way;

about the financial transactions connected with receipt of the income which, according to competent authorities, perhaps, is gained in the illegal way;

b) interaction concerning holding the actions directed to identification illegal (from the point of view of the national legal system of the state of each of the Parties) financial transactions, and also financial transactions connected with legalization (washing) of income gained in the illegal way;

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