RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of August 31, 2016 No. 213

About approval of Rules of submission of data on payment services

According to the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank 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", of March 19, 2010 "About the state statistics" and of July 26, 2016 «About payments and payment systems», for the purpose of establishment of procedure for submission of data on payment services the Board of National Bank of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of submission of data on payment services (further - Rules).

2. Recognize invalid some resolutions of Board of National Bank of the Republic of Kazakhstan according to the list according to appendix to this resolution.

3. To department of payment systems (Ashykbekov E. T.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:

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

2) the direction of this resolution 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":

on official publication in information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

for inclusion in the State register of regulatory legal acts of the Republic of Kazakhstan, Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of 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 management on consumer protection of financial services and external communications (Terentyev A. L.) 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 Pirmatov G. O.

6. This resolution is subject to official publication and becomes effective since April 1, 2017, except for:

1) Item 19 of Rules and appendix 13 to Rules which become effective since January 1, 2018;

2) Item 20 of Rules and appendix 14 to Rules which become effective since December 1, 2016 and are effective till January 1, 2018;

3) Item 21 of Rules and appendix 15 to Rules which become effective after ten calendar days after day of the first official publication of this resolution.

It is approved Chairman of Committee according to the statistics Ministries of national economy of the Republic of Kazakhstan ______________ 2016

_________________ N. Aydapkelov

 

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 213

Rules of submission of data on payment services

Chapter 1. General provisions

1. These rules of submission of data on payment services (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 August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" and of July 26, 2016 "About payments and payment systems" (further - the Law on payments and payment systems).

2. Rules determine procedure for submission of data on payment services (further - Data).

3. In Rules the concepts provided by the laws 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" of November 24, 2015 "About informatization", are used by the Law on payments and payment systems, Rules of release of payment cards, and also the requirements to activities for servicing of transactions with their use in the territory of the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 205 "About approval of Rules of release of payment cards, and also requirements to activities for servicing of transactions with their use in the territory of the Republic of Kazakhstan" registered in the Register of state registration of regulatory legal acts at No. 14299, and also the following concepts:

1) fraudulent transactions - illegal cashless payments, money transfers and (or) transactions on cash disbursement of money, including with use of payment card and (or) its details, performed in premises of bank, branch of nonresident bank of the Republic of Kazakhstan, by means of electronic terminals, systems of remote access, money transfer systems;

2) bank booth - the electronic and mechanical device intended for receipt of electronic banking services (including carrying out transactions on issue (acceptance) of cash, payments and (or) money transfers, currency conversion and other types of banking activities, including with use of payment cards) in the self-service mode by connection with information system or way of access to Internet resource of bank, branch of nonresident bank of the Republic of Kazakhstan, the organization performing separate types of banking activities and also for creation of the documents confirming the fact of carrying out the corresponding transactions;

3) network of servicing of other bank - set of the electronic and mechanical devices which are in ownership of any other bank, branch of nonresident bank of the Republic of Kazakhstan, any other organization performing separate types of banking activities, and used when rendering electronic banking services;

4) debit payment card with credit limit - debit payment card by which according to the contract for issue and servicing of payment card or according to the statement of the holder of payment card the opportunity of the implementation of payments within loan amount provided by the issuer is given;

5) additional payment card - the payment card emitted addressed to the authorized representative of the client;

6) own network of servicing - set of the electronic and mechanical devices which are in ownership of bank, branch of nonresident bank of the Republic of Kazakhstan, the organization performing separate types of banking activities, and used when rendering electronic banking services;

7) the main payment card - payment card which holder is the client;

8) the processing center - the operator performing processing on transactions with payment cards and other functions provided by contracts with participants of system of payment cards;

9) outlet - location of the POS terminal and (or) other device established for implementation of cashless payment for goods and (or) services;

10) the payment terminal - the electronic and mechanical device intended for carrying out payments and transfer of money for the bank account by fee of cash, obtaining in the mode of self-service of information banking services and also for creation of the documents confirming the fact of carrying out the corresponding transactions;

11) the POS terminal - the electronic and mechanical device by means of which with use of payment cards and connections with information system of bank, branch of nonresident bank of the Republic of Kazakhstan, the organization performing separate types of banking activities payment for goods or services, including to bank, branch of nonresident bank of the Republic of Kazakhstan, the organization performing separate types of banking activities in which the POS terminal, and also cash disbursement of money is established is performed.

4. Data are represented to National Bank by electronic method in the formats of information transfer established by National Bank.

The data provided by Items 7, of 13, of 21 and 22 Rules are represented by payment institutes to National Bank by electronic method or on paper.

5. When making foreign currency transaction of the Data on it are represented in terms of tenge at the market rate of currency exchange on the date of transaction making.

The market rate of currency exchange is determined according to the resolution of Board of National Bank of the Republic of Kazakhstan of January 25, 2013 No. 15 and the order of the Minister of Finance of the Republic of Kazakhstan of February 22, 2013 No. 99 "About establishment of procedure for determination and application of the market rate of currency exchange", registered in the Register of state registration of regulatory legal acts at No. 8378.

6. If the last day of term of submission of Data in the forms intended for collection of the administrative data provided by Rules falls on non-working day, the working day following it is considered day of the termination of term of submission of Data.

Chapter 2. Procedure for submission of Data

7. The form intended for collection of the administrative data "Data on the Number of Electronic Terminals" according to appendix 1 to Rules, is represented quarterly no later than the date tenth (inclusive) following reporting quarter, the following persons:

1) banks of the second level, branches of nonresident banks of the Republic of Kazakhstan and the Development Bank of Kazakhstan joint-stock company, the legal entity which was earlier subsidiary bank, performing without license of National Bank the translated transactions connected with implementation by parent bank of payments and money transfers, including with use of correspondent account of subsidiary bank according to the bank accounts of depositors transferred to parent bank according to article 61-4 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan" (further - the Law on banks and banking activity), parent bank and subsidiary bank concerning which restructuring according to articles 61-2 and 61-4 of the Law on banks and banking activity, the attached bank, and also bank is carried out, to which accession according to the Law on banks and banking activity is performed (further - banks);

2) the organizations performing separate types of banking activities;

3) payment institutes.

8. The form intended for collection of the administrative data "Data by Payment Cards" according to appendix 2 to Rules, is represented monthly no later than the date tenth (inclusive) following month under report, the following persons:

1) banks;

2) the organizations performing separate types of banking activities.

9. The form intended for collection of the administrative data "Data on Quantity and Amounts of Transactions on Cash Disbursement of Money with Use of Payment Cards" according to appendix 3 to Rules, is represented monthly no later than the date tenth (inclusive) following month under report, the following persons:

1) banks;

2) the organizations performing separate types of banking activities.

10. The form intended for collection of the administrative data "Data on Quantity and Amounts of Transactions on Cashless Payments with Use of Payment Cards" according to appendix 4 to Rules, is represented monthly no later than the date tenth (inclusive) following month under report, the following persons:

1) banks;

2) the organizations performing separate types of banking activities.

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