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ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2015 No. 708

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 lawyers and other independent specialists in legal issues

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" PRIKAZYVAYU:

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 lawyers, and other independent specialists in legal issues.

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) during ten calendar (5 workers) days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

3. This order becomes effective after ten calendar days after day of the first official publication.

Minister of Finance of the Republic of Kazakhstan

B. Sultanov

It is approved

Minister of Justice of the Republic of Kazakhstan

"__" __________ 20 __.

 

___________ B. Imashev

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of December 28, 2015 No. 708

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 lawyers and other independent specialists in legal issues

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 lawyers and other independent specialists in legal issues (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) and International standards of Group of development of financial measures of anti-money laundering (further - FATF).

2. In these Requirements to subjects of financial monitoring lawyers and other independent specialists in legal issues in cases when they from name or at the request of the client participates in transactions with money and (or) other property (further - Subjects) belong.

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

1) 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;

2) 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;

3) 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);

4) the client - the physical person or legal entity receiving services of the Subject;

5) 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.

4. 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 at the level sufficient for risk management of legalization (washing) of income gained in the criminal way and to terrorism financing (further - OD/FT);

3) risk minimizations of OD/FT.

5. Subjects are responsible persons on the organization and observance of rules of internal control (dalee-PVK).

The subject, when he from name or at the request of the client participates in transactions with money and (or) other property concerning the following activities:

to purchase and sale of the real estate;

management of money, securities or other property;

management of bank accounts or security accounts;

accumulation of means for creation, providing, functioning or company management;

creations, purchase and sale, functioning of the legal entity or management of it.

6. Subjects bear the administrative responsibility for non-execution of obligations on development, acceptance and (or) execution of PVK and programs of its implementation according to the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses".

7. PVK are the document which regulates organizational bases of the work directed to POD/FT and establishes operations procedure of Subjects for the purpose of POD/FT.

8. PVK include programs according to Item 3 of article 11 of the Law.

9. In case of introduction of amendments and (or) amendments to the legislation on POD/FT, Subjects within 30 calendar days, make corresponding changes and (or) amendments to PVK.

2. Program of the organization of internal control

10. The program of the organization of internal control contains:

1) procedure for the organization of internal control, including the description of functions of Subjects when implementing internal control for the purpose of POD/FT;

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