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The document ceased to be valid since July 1, 2019 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 41

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2015 No. 263

About approval of Rules of implementation of monitoring of currency transactions of the nonresidents of the Republic of Kazakhstan performing activities in the territory of the Republic of Kazakhstan

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of June 13, 2005 "About currency control and currency exchange control", of March 19, 2010 "About the state statistics" the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of monitoring of currency transactions of the nonresidents of the Republic of Kazakhstan performing activities in the territory of the Republic of Kazakhstan.

2. Recognize invalid the following regulatory legal acts of the Republic of Kazakhstan:

1) the resolution of Board of National Bank of the Republic of Kazakhstan of October 14, 2005 No. 122 "About approval of Rules of implementation of monitoring of currency transactions of the nonresidents performing activities in the territory of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 3940, published on December 14, 2005 in the Yuridicheskaya Gazeta newspaper No. 232, 233-234);

2) the resolution of Board of National Bank of the Republic of Kazakhstan of November 30, 2009 No. 109 "About entering of amendments and changes into the resolution of Board of National Bank of the Republic of Kazakhstan of October 14, 2005 No. 122 "About approval of Rules of implementation of monitoring of currency transactions of the nonresidents performing activities in the territory of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 6040, published on February 26, 2010 in the Yuridicheskaya Gazeta newspaper No. 30 (1826)).

3. To department of paying balance, currency control and statistics (Umbetaliyev M. T.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

1) together with Legal support department (Dosmukhambetov N. M.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of this resolution on official publication in information system of law of Ad_let of 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" within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication.

4. To department of the international relations and public relations (Kazybayev A. K.) provide the direction of this resolution on official publication in periodic printing editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Smolyakov O. A.

6. This resolution becomes effective after thirty calendar days after day of its first official publication.

Chairman of National Bank

D. Akishev

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of December 31, 2015 No. 263

Rules of implementation of monitoring of currency transactions of the nonresidents of the Republic of Kazakhstan performing activities in the territory of the Republic of Kazakhstan

1. General provisions

1. Rules of implementation of monitoring of currency transactions of the nonresidents of the Republic of Kazakhstan performing activities in the territory of the Republic of Kazakhstan (further - Rules) are developed according to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of June 13, 2005 "About currency control and currency exchange control", of March 19, 2010 "About the state statistics" and establish procedure of monitoring of currency transactions of branches and representations of the legal nonresident persons of the Republic of Kazakhstan (further - nonresidents) performing activities in the territory of the Republic of Kazakhstan (further - currency monitoring) and forming of information base on currency transactions of objects of currency monitoring.

2. For the purposes of Rules the basic concepts specified in the Law of the Republic of Kazakhstan of June 13, 2005 "About currency control and currency exchange control" and also the following concepts are used:

1) the head company - the legal nonresident person having branch (representation) in the territory of the Republic of Kazakhstan;

2) the respondent of currency monitoring - the object of currency monitoring submitting the reports specified in Item 8 of Rules on regular basis;

3) the supplier - the contractor, subcontractor, the physical person or legal entity, its branch (representation) which signed the contract for accomplishment of services (works) which are not specified in Item 3 of Rules and also the branch (representation) of the head company which is carrying out services (work) which are not specified in Item 3 of Rules on the agreement signed by the head company;

4) the project - amount of services (works) which are subject to accomplishment according to the agreement signed between the head company and the customer, the customer and the contractor, the customer and the supplier, the contractor and the supplier, subcontractor and the supplier;

5) subcontractor - the physical person or legal entity, its branch (representation) which signed with the contractor the agreement on execution of any part of obligations of the contractor, and also the branch (representation) of the legal entity fulfilling any part of obligations of the contractor under the contract of the contractor with the head company;

6) the contractor - the physical person or legal entity, its branch (representation) which signed with the customer the contract for accomplishment of services (works) specified in Item 3 of Rules and also the branch (representation) of the head company which is carrying out services (work) specified in Item 3 of Rules on the prisoner between the head company and the customer to the agreement, the operator;

7) the operator - the legal entity, branch (representation) of the legal entity attracted or created by the contractor for performance of works under the production sharing agreement signed with the state body participating in implementation of the rights connected with the conclusion and execution of contracts on behalf of the Republic of Kazakhstan;

8) the customer - the physical person or legal entity, its branch (representation) which signed the contract for purchase of goods, services (works) and also the branch (representation) of the head company acquiring goods, services (work) on the agreement signed by the head company, contractor under the agreement signed with subcontractor, the state body participating in implementation of the rights connected with the conclusion and execution of contracts on behalf of the Republic of Kazakhstan;

9) identification number of country of incorporation - unique identification number (except business and identification number (further - BIN) and individual identification number (further - IIN)), created for legal and (or) physical person according to the legislation of country of incorporation;

10) the agreement - the agreement, the contract, changes and amendments to them, and also other documents, on the basis and (or) in pursuance of which transactions are performed.

The concepts of other industries of the legislation of the Republic of Kazakhstan used in Rules are applied in that value in what they are used in these industries of the legislation of the Republic of Kazakhstan.

3. The list of respondents of currency monitoring is created by National Bank of the Republic of Kazakhstan (further - National Bank) according to the procedure, provided by Items 5 and 6 of Rules.

Branches (representations) of legal nonresident persons operating in the territory of the Republic of Kazakhstan and performing the following types of service, works are included in the list of respondents of currency monitoring:

production of crude oil, natural and associated gas;

construction services;

the services connected with mining;

architectural, engineering and other technical services;

research works and developmental developments.

4. Information base on currency monitoring is created on the basis of represented by objects of currency monitoring according to the procedure and the terms established by Chapter 2 of Rules, the following types of the reporting:

the report on branch (representation) of the head company on form, according to appendix 1 to Rules, (further - the report on appendix 1);

the report on the projects performed in the Republic of Kazakhstan with participation of branch (representation) of the head company in form, according to appendix 2 to Rules, (further - the report on appendix 2);

the report on projects implementation on form, according to appendix 3 to Rules, (further - the report on appendix 3);

the cash flow statement on accounts in banks in form, according to appendix 4 to Rules, (further - the report on appendix 4);

the report on cost recovery and profit distribution on the production sharing agreement on form, according to appendix 5 to Rules, (further - the report on appendix 5).

2. Implementation of currency monitoring

5. All branches (representations) of legal nonresident persons operating in the territory of the Republic of Kazakhstan more than one year at the request of National Bank submit the report on appendix 1 no later than ten working days from the date of receipt of request of National Bank.

The National Bank on the basis of the provided information creates the list of respondents of currency monitoring.

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