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

of December 30, 2016 No. 704

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 leasing activities as the lessor without license

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 leasing activities as the lessor without license.

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 paper 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 December 30, 2016 No. 704

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 leasing activities as the lessor without license

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 leasing activities as the lessor without license 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 financing of terrorism of the individual entrepreneurs and legal entities performing leasing activities as the lessor without license.

2. In these Requirements the following concepts are used:

1) No. 658 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 10.11.2017;

2) the client – the physical person registered as the individual entrepreneur or the legal entity receiving the services of the subject of financial monitoring rendered within implementation of leasing activities;

3) risk of legalization (washing) of income gained in the criminal way and terrorism financings – probability of legalization (washing) of income gained in the criminal way and financings of terrorism by means of use of services of the subject in provision of property in financial leasing;

4) risk management of legalization (washing) of income gained in the criminal way and terrorism financings – set of the measures for monitoring, identification of risks of legalization (washing) of income gained in the criminal way taken by the subject and terrorism financings, and also their minimization (concerning services, clients);

5) the subject – the individual entrepreneurs and legal entities performing leasing activities as the lessor without license;

6) 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;

7) business relations – the customer relations arising in the course of implementation by the subject of financial monitoring of leasing activities;

8) internal control – system of the organization, the policy, procedures and methods accepted by the subject for the purpose of prevention of legalization (washing) of income gained in the criminal way and terrorism financing (further – OD/FT);

9) rules of internal control – the document, obligatory to observance and realization, developed 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 according to article 2 of the Law of the Republic of Kazakhstan of July 5, 2000 "About financial leasing".

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 in the sphere of counteraction of money laundering and financing of terrorism (further – POD/FT), the 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;

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