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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 3, 2017 No. 243

About approval of Rules of evaluating risks of legalization (washing) of the income and financings of terrorism

(as amended of the Order of the Government of the Republic of Kazakhstan of 26.02.2021 No. 98)

According to Item 2 of article 11-1 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" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of evaluating risks of legalization (washing) of the income and financing of terrorism.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of May 3, 2017 No. 243

Rules of evaluating risks of legalization (washing) of the income and financing of terrorism

1. General provisions

1. These rules of evaluating risks of legalization (washing) of the income and financing of terrorism (further - Rules) 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 determine procedure for evaluating risks of legalization (washing) for the income and financing of terrorism.

2. The risks assessment of legalization (washing) of the income and financing of terrorism is made for the purpose of determination of threats and opportunities of legalization (washing) of the income and financing of terrorism in the Republic of Kazakhstan, identifications of shortcomings of implementation of measures for counteraction of legalization (washing) of the income and to financing of terrorism.

3. For the purposes of Rules the following concepts are used:

ranging of risks of legalization (washing) of the income and financing of terrorism - the procedure of establishment of the relative importance (preference) of collected data for risks assessment of legalization (washing) of the income and financing of terrorism;

risks assessment of legalization (washing) of the income and financing of terrorism – determination of levels of risks by method of the analysis of collected data for risks assessment of legalization (washing) of the income and financing of terrorism;

the working groups – the groups consisting of number of representatives of the state, law enforcement and special state bodies for evaluating risks of legalization (washing) the income and financing of terrorism in the directions specified in Item 5 of Rules;

data collection for risks assessment of legalization (washing) of the income and financing of terrorism – process of receipt of information from the state, law enforcement and special state bodies and subjects of financial monitoring for risks assessment of legalization (washing) of the income and financing of terrorism;

structuring risks of legalization (washing) the income and financing of terrorism – grouping and summing of collected data for risks assessment of legalization (washing) of the income and financing of terrorism for their subsequent analysis;

subjects of financial monitoring are the subjects of financial monitoring specified in Item 1 of article 3 of the Law;

state bodies – state bodies which exercise control of execution by subjects of financial monitoring of the legislation of the Republic of Kazakhstan on counteraction of legalization (washing) of the income and to terrorism financing, according to article 14 of the Law, and also with which the authorized body, according to article 18 of the Law interacts.

2. Procedure for evaluating risks of legalization (washing) for the income and financing of terrorism

4. The risks assessment of legalization (washing) of the income and financing of terrorism lasts no more than eighteen months.

The subsequent risks assessments of legalization (washing) of the income and financing of terrorism are carried out after 36 months from the date of the beginning of the previous risks assessment of legalization (washing) of the income and financing of terrorism.

5. For the purpose of risks assessment of legalization (washing) of the income and financing of terrorism by authorized body the following working groups are created on:

to assessment of threats of legalization (washing) of the money and (or) other property received in the criminal way;

to assessment of national vulnerabilities;

to assessment of vulnerabilities of banking sector;

to assessment of vulnerabilities of the sector of the security market;

to assessment of vulnerabilities of the sector of insurance;

to assessment of vulnerabilities of other financial institutions;

to assessment of vulnerabilities of the non-financial sector;

to assessment of threats and vulnerabilities of financing of terrorism.

Members of working groups are the representatives of the state, law enforcement and special state bodies having necessary qualification on the questions entering competence of working groups.

The authorized body requests from the state, law enforcement and special state bodies of the offer on candidates for representatives for inclusion in working groups.

Heads of working groups are elected from among their members by means of internal vote at the first meeting of the corresponding working group and determined depending on the researched industry.

6. The authorized body coordinates work on realization of risks assessment in the sphere of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.

7. The risks assessment of legalization (washing) of the income and financing of terrorism includes three stages:

data collection for risks assessment of legalization (washing) of the income and financing of terrorism;

processing and data analysis for risks assessment of legalization (washing) of the income and financing of terrorism;

risks assessment of legalization (washing) of the income and financing of terrorism and identification of the measures directed to decrease in risks of legalization (washing) in the income and financing of terrorism.

8. The inquiry to structures of the working groups is sent by authorized body no later than 15 (fifteen) working days from the date of the beginning of each risks assessment of legalization (washing) of the income and financing of terrorism for nominations.

The state, law enforcement and special state bodies within 15 (fifteen) working days from the date of receipt of the specified offer send to authorized body of the offer on inclusion of the representatives in structures of the working groups according to spheres them to activities.

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