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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2015 No. 613

About approval of Rules of payment of means to the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism for ensuring the activity

According to Item 8 of article 12 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" PRIKAZYVAYU:

1. Approve the enclosed Rules of payment of means to the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism for ensuring the activity.

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 Internet resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective since February 6, 2016 and is subject to official publication.

Minister of Finance

B. Sultanov

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of December 4, 2015 No. 613

Rules of payment of means to the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism for ensuring the activity

1. General provisions

1. Rules of payment of means to the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism for ensuring the activity (further – Rules) are developed according to Item 8 of article 12 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of the income received in the criminal way and to terrorism financing" (further – the Law) and determine payment procedure subjects of financial monitoring of means to the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism for ensuring the activity, and also activity jointly of the members of his family living with it not having independent sources of the income.

2. The right to means in the form of the salary, pension, grant, benefit, other social payment according to the legislation of the Republic of Kazakhstan provided by subitems 1) and 2) of Item 8 of article 12 of the Law has the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism on the bases provided by subitems 3), 4), 5) and 6) of item 4 of article 12 of the Law and also the members of his family jointly living with it not having independent sources of the income.

3. In these rules the following terms and concepts are used:

1) 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;

2) the list of the organizations and faces tied with financing of terrorism and extremism – the list of the organizations and faces tied with financing of terrorism and extremism, constituted by authorized body which is placed on Internet resource of Committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan.

2. Payment procedure of means

4. Payment of means in the form of the salary, pension, grant, benefit, other social payment to the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism, for ensuring the activity, and also activity jointly of the members of his family living with it not having independent sources of the income, carrying out tax payment, other obligatory payments in the budget, penalty fee and penalties is performed by subjects of financial monitoring.

5. In case of the address of persons specified in Item 2 of these rules for receipt of means in the form of the salary, pension, grant, benefit, other social payment and also for tax payment, other obligatory payments in the budget, penalty fee and penalties, subjects of financial monitoring take measures for identification of specified persons.

For payment of money in the form of the salary to the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism the reference about the salary size is in addition requested.

For payment of money in the form of the salary, for jointly the living members of the family of the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism which do not have independent sources of the income the following documents are in addition requested:

1) the identity document of the family member, including the certificate of birth for relationship identification;

2) the original certificate about scrap or the reference of registration of the act of civil status for the spouse (spouse);

3) address references about the residences on each family member confirming registration to one address;

4) the certificate of registration as the unemployed for each full age family member;

6. Subjects of financial monitoring recognize transactions on salary payment to persons specified in Item 2 of these rules as suspicious, according to Rules of representation by subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring and signs of the criteria of determination of suspicious transaction approved by the Order of the Government of the Republic of Kazakhstan No. 1484 of November 23, 2012 and without delay report in authorized body about such transaction before its carrying out.

7. Authorized body, having received the message, stipulated in Item 6 these rules, within twenty four hours from the moment of its obtaining makes the decision on suspension of carrying out suspicious transaction for a period of up to three working days during which makes the decision on carrying out or on refusal in carrying out transaction and brings it to the subjects of financial monitoring which provided the message on suspicious transaction, electronic method or on paper.

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