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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

(as amended on 31-05-2021)

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

Chapter 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 part two of Item 8 of article 12 of 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) and determine payment procedure subjects of financial monitoring (further – SFM) means to the physical person included in the list of the organizations and faces tied with financing of terrorism and extremism (further – the List), for the ensuring the activity and family members who do not have independent sources of the income.

2. The right to means, stipulated in Item article 12 of the Law, and on transactions to which measures for freezing according to Item 1-1 of article 13 of the Law are not applied the physical persons 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), 6) and 7) of item 4 of article 12 of the Law for the ensuring the activity and members of his family who do not have independent sources of the income have the 8th.

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

1) family members – the spouse (spouse), joint or one of spouses minor children (including adopted, being in dependence or under guardianship (guardianship), the parents and parents of the spouse (spouse) who are in dependence;

2) the list – the list of the organizations and faces tied with financing of terrorism and extremism, constituted and placed by financial monitoring Agency of the Republic of Kazakhstan on the Internet resource.

Other determinations and terms used in these rules are applied according to the Law.

Chapter 2. Payment procedure of means to persons included in the list of the organizations and faces tied with financing of terrorism and extremism based on subitems 3), 4), 5) and 6) of item 4 of article 12 of the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing"

4. SFM for payment in the form of labor leave or the salary to the physical person included in the List is requested the reference about the size of the salary and (or) the document confirming charge of vacation pay.

SFM for payment received in the form of labor leave and the salary for members of the family of the physical person included in the List, not having independent sources of the income the following documents are requested:

1) the identity document of the family member, and also 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) the certificate of registration as the unemployed for each able-bodied full age family member.

5. SFM recognize transactions on payment in the form of labor leave and (or) the salary to persons included in the List as suspicious on the signs determined by authorized body according to Item 2 of article 10 of the Law and without delay report in authorized body about such transaction before its carrying out by electronic method by means of the allocated communication channels in the Kazakh or Russian languages.

Authorized body, having received the message provided by part one of Item 5 of these rules within 24 (twenty four) hours from the moment of its obtaining makes the decision on carrying out transaction or refusal in carrying out transaction and brings it to SFM by electronic method by means of the allocated communication channels in the Kazakh or Russian languages.

The basis for refusal is repeated receipt of the money provided by the subitem 1) of Item 8 of article 12 of the Law during calendar month.

If the last day of term of decision making falls on non-working day, the next working day following it is considered day of the termination of term of decision making.

6. SFM pay the means to the physical person included in the List provided by the subitem 1) of Item 8 of article 12 of the Law after receipt of the decision of authorized body on carrying out transaction according to Item 3 of article 13 of the Law.

7. The decision on carrying out the transactions with money or other property provided by the subitem 2) of Item 8 of article 12 of the Law, and transactions to which measures for freezing according to Item 1-1 of article 13 of the Law are not applied SFM is accepted independently.

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