I.O'S ORDER. MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of January 5, 2017 No. 6

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 the individual entrepreneurs and legal entities performing transactions with precious metals and gemstones, jewelry from them

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 the individual entrepreneurs and legal entities performing transactions with precious metals and gemstones, jewelry from them.

2. To committee on financial monitoring of the Ministry of Finance of the Republic of Kazakhstan (Mekebekov A. Z.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) 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 its first official publication.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of January 5, 2017 No. 6

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 the individual entrepreneurs and legal entities performing transactions with precious metals and gemstones, jewelry from them

Chapter 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 (further – Requirements) are developed for the individual entrepreneurs and legal entities performing transactions with precious metals and gemstones, jewelry from them 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 determine the conditions shown to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further – POD/FT) for the individual entrepreneurs and legal entities performing transactions with precious metals and gemstones, jewelry from them.

2. In these Requirements the following concepts are used:

1) risk of legalization (washing) of income gained in the criminal way and terrorism financings (further – OD/FT) – probability of legalization (washing) of income gained in the criminal way and financings of terrorism by means of use of services of the subject;

2) risk management of OD/FT – set of the measures for monitoring, identification of risks of OD/FT, and also their minimization taken by the subject (concerning services, clients);

3) the subject – the individual entrepreneur or the legal entity performing transactions with precious metals and gemstones, jewelry from them;

4) the FM-1 form – the form of data and information on the transaction which is subject to financial monitoring determined by Rules of representation by the subjects of financial monitoring of data and information on the transactions which are subject to financial monitoring, and signs of determination of suspicious transaction approved by the order of the Government of the Republic of Kazakhstan of November 23, 2012 No. 1484;

5) internal control – system of the organization, the policy, procedures and methods accepted by the subject for the purpose of POD/FT;

6) rules of internal control – the document, obligatory to observance and realization, developed, accepted and performed by subject which contains programs of implementation of internal control (further – PVK).

Other concepts used in these Requirements are applied according to the Law and the Law of the Republic of Kazakhstan of January 14, 2016 "About precious metals and gemstones".

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

4. In case of introduction of amendments and (or) amendments to the legislation on POD/FT, subject within thirty calendar days from the date of their introduction in action, makes corresponding changes and (or) amendments to PVK.

Chapter 2. The program of the organization of internal control for the purpose of POD/FT, including requirements imposed to the workers of subjects of financial monitoring responsible for realization and observance of Rules of internal control

5. The program of the organization of internal control for the purpose of POD/FT contains:

1) the procedure of the organization of internal control, including the description of functions of the subject when implementing internal control;

2) the procedure of refusal to clients in establishment of business relations and the termination of business relations, refusal in carrying out transaction with money and (or) other property, and taking measures to freezing of transactions with money and (or) other property;

3) the procedure of recognition of the difficult, unusually large and other unusual transaction which is subject to studying as suspicious;

4) the procedure of recognition of transaction of the client having the characteristics corresponding to tipologiya, schemes and methods of legalization (washing) of the criminal income and financings of terrorism as suspicious;

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