Article 1. The basic concepts and terms used in this Law of the Law on Currency Regulation and Currency Control

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1. The following basic concepts are used in this Law:

1) an exchange office is a specially equipped place for carrying out exchange operations with foreign currency in cash, established by an authorized organization or an authorized bank authorized to carry out exchange operations with foreign currency in the Republic of Kazakhstan on the basis of a license from the National Bank of the Republic of Kazakhstan or the authorized body for regulation, control and supervision of the financial market and financial organizations or laws Republic of Kazakhstan;

2) currency values:

foreign currency;

securities and payment documents denominated in foreign currency;

non-nominal securities issued by non-residents of the Republic of Kazakhstan;

refined gold bullion;

national currency, securities and payment documents, the face value of which is expressed in the national currency, in cases of transactions with them between residents of the Republic of Kazakhstan and non-residents of the Republic of Kazakhstan and between non-residents of the Republic of Kazakhstan, as well as their export (transfer) from the Republic of Kazakhstan or import (transfer) to the Republic of Kazakhstan;

non-nominal securities issued by residents of the Republic of Kazakhstan, in cases of transactions with them between residents of the Republic of Kazakhstan and non-residents of the Republic of Kazakhstan and between non-residents of the Republic of Kazakhstan, as well as their export from the Republic of Kazakhstan or import into the Republic of Kazakhstan;

3) currency transactions:

transactions related to the transfer of ownership and other rights to currency valuables, as well as the use of currency valuables as a means of payment;

import, transfer and transfer to the Republic of Kazakhstan, as well as export, transfer and transfer of currency valuables from the Republic of Kazakhstan;

transfer of currency values to trust management;

transfer of currency values on the basis of a brokerage services agreement;

4) currency agreement – agreements, constituent documents, including amendments and (or) additions to them, as well as other documents on the basis of and (or) in fulfillment of which currency transactions are carried out;

5) registration number – an identification number assigned to a currency agreement or an account with a foreign bank by the National Bank of the Republic of Kazakhstan or an authorized bank and intended to ensure accounting and reporting on foreign exchange transactions;

6) import – transfer of goods by a non-resident of the Republic of Kazakhstan to a resident of the Republic of Kazakhstan, transfer partially by a non-resident of the Republic of Kazakhstan to a resident of the Republic of Kazakhstan of exclusive intellectual property rights, performance of works, provision of services, transfer of property for lease by a non-resident of the Republic of Kazakhstan to a resident of the Republic of Kazakhstan;

7) refined gold in bullion – gold obtained as a result of refining and made in the form of measured and standard ingots, related to investment gold in accordance with the Law of the Republic of Kazakhstan "On Precious Metals and Precious Stones";

7-1) state revenue body – a state body, within its competence, responsible for ensuring tax receipts and other mandatory payments to the budget, customs regulation in the Republic of Kazakhstan, powers to prevent, detect, suppress and disclose administrative offenses attributed by the legislation of the Republic of Kazakhstan to the jurisdiction of this body, as well as performing other powers provided for by the legislation of the Republic of Kazakhstan. Kazakhstan;

7-2) impeccable business reputation – the presence of facts confirming professionalism and good faith, including the absence of facts of a person committing illegal actions (inaction) that led to insolvency, which led to the forced liquidation of a financial institution, or to classifying the bank as an insolvent bank, the absence of an outstanding or outstanding criminal record, including the absence of an effective judicial act on the application of criminal penalties in in the form of deprivation of the right to hold the position of a senior employee of a financial institution, a banking and (or) insurance holding company and be a major participant (major shareholder) of a financial organization for life, as well as the absence of relations with third parties (control and influence of third parties), whose actions contributed to the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, based on information from the authorized body Financial Monitoring Authority;

8) authorized banks – banks and organizations established in the Republic of Kazakhstan that carry out certain types of banking operations (with the exception of authorized organizations), as well as branches of foreign banks operating in the Republic of Kazakhstan that carry out foreign exchange transactions, including on behalf of clients;

9) authorized organizations – financial organizations of the Republic of Kazakhstan, which are not banks, operating exclusively through exchange offices on the basis of a license from the National Bank of the Republic of Kazakhstan for exchange operations with foreign currency in cash;

10) national currency:

banknotes in the form of banknotes and coins of the National Bank of the Republic of Kazakhstan, which are in circulation and are legal tender in the territory of the Republic of Kazakhstan, as well as those withdrawn or withdrawn from circulation, but subject to exchange for banknotes in circulation;

money in bank accounts in monetary units of the Republic of Kazakhstan;

11) foreign currency:

banknotes in the form of banknotes and coins that are in circulation and are legal tender on the territory of a foreign state (group of states), as well as those that have been withdrawn or are being withdrawn from circulation, but are subject to exchange for banknotes in circulation.;

money in bank accounts in monetary units of foreign states (groups of states) and international monetary or settlement units;

12) foreign banks – banks and other financial institutions established in accordance with the legislation of foreign states and carrying out banking activities outside the Republic of Kazakhstan on the basis of the legislation of the states in which they are registered;

13) export – transfer of goods by a resident of the Republic of Kazakhstan to a non-resident of the Republic of Kazakhstan, transfer of exclusive intellectual property rights by a resident of the Republic of Kazakhstan to a non-resident of the Republic of Kazakhstan, performance of works, provision of services, transfer of property for lease by a resident of the Republic of Kazakhstan to a non-resident of the Republic of Kazakhstan.

2. For the purposes of classifying currency transactions, the following basic terms are used in this Law:

1) equity participation:

participation in the authorized capital, property of a legal entity, a simple partnership, a consortium, including in the form of shares, shares, contributions and (or) votes of participants;

participation in the capital of a legal entity other than the authorized capital;

2) capital movement operations – operations related to the transfer of ownership and other rights to currency valuables carried out between residents of the Republic of Kazakhstan and non-residents of the Republic of Kazakhstan, providing for:

financial loans;

equity participation;

transactions with securities, equity and derivative financial instruments;

acquisition of ownership of real estate, with the exception of movable property, equated or attributed by the laws of the Republic of Kazakhstan to real estate;

acquisition of fully exclusive intellectual property rights;

transfer of money and other property in fulfillment of obligations of a participant in joint activities, as well as to trust management, trust;

transfer of money and financial instruments to professional securities market participants who carry out currency transactions on behalf of clients, to accounts for accounting and storing money belonging to clients;

gratuitous transfer of money and other currency valuables;

3) financial loans:

loans, with the exception of obligations arising from prepayment, deferral, and installment payments for exports or imports;

money transferred to ensure the fulfillment of the debtor's obligations;

financing against assignment of monetary claims of suppliers and recipients (sellers and buyers) of goods (works, services);

financing by third parties of the purchase of goods (works, services) and other transactions, as well as the fulfillment by third parties of the debtor's obligations to the creditor, which result in the obligation of the person for whom the obligation is fulfilled to return money and other property to the person who provided such financing and (or) carried out such execution.;

financial leasing, rental of real estate with subsequent purchase, with the exception of rental of movable property, equated or attributed by the laws of the Republic of Kazakhstan to real estate;

4) foreign financial organizations – foreign banks and other financial institutions established in accordance with the legislation of foreign states and engaged in business activities to provide financial services on the basis of the legislation of the states in which they are registered;

5) foreign non–financial organizations - legal entities and other organizations that do not form a legal entity, established in accordance with the laws of foreign states, with their location outside the Republic of Kazakhstan, with the exception of foreign financial organizations.

For the purposes of this Law, currency transactions related to the import or export of goods and services are:

transactions for the acquisition and repayment by a resident of the Republic of Kazakhstan of electronic money issued by non-residents of the Republic of Kazakhstan;

transactions involving the acquisition and repayment by a non-resident of the Republic of Kazakhstan of electronic money issued by residents of the Republic of Kazakhstan.

3. Residents of the Republic of Kazakhstan (hereinafter referred to as residents) for the purposes of this Law and other regulatory legal acts in the field of currency regulation and currency control are recognized as:

citizens of the Republic of Kazakhstan, with the exception of citizens of the Republic of Kazakhstan permanently residing in a foreign State on the basis of a right granted in accordance with the legislation of that foreign state;

foreigners and stateless persons permanently residing in the Republic of Kazakhstan on the basis of a permanent residence permit in the Republic of Kazakhstan;

legal entities (with the exception of international organizations) established in accordance with the legislation of the Republic of Kazakhstan, with their location in the Republic of Kazakhstan, as well as their branches (representative offices);

international organizations with their location in the Republic of Kazakhstan, if the international agreement on their establishment defines the resident status for them.;

foreign institutions of the Republic of Kazakhstan;

branches of foreign financial organizations that, in accordance with the laws of the Republic of Kazakhstan, are entitled to carry out banking and (or) insurance activities in the territory of the Republic of Kazakhstan;

branches (representative offices) of foreign non–financial organizations that are permanent establishments of such foreign non-financial organizations in the Republic of Kazakhstan in accordance with the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) (hereinafter referred to as the Tax Code), with the exception of branches (representative offices) of foreign non-financial organizations recognized as non-residents of the Republic of Kazakhstan in accordance with paragraph 4 of this article.

4. Non–residents of the Republic of Kazakhstan (hereinafter referred to as non-residents) for the purposes of this Law and other regulatory legal acts in the field of currency regulation and currency control are recognized as:

individuals who are not residents in accordance with paragraph 3 of this Article;

legal entities and organizations that do not form a legal entity, established in accordance with the laws of foreign countries, with their location outside the Republic of Kazakhstan, as well as their branches (representative offices) in the Republic of Kazakhstan, carrying out activities that do not lead to the formation of a permanent establishment of a non-resident in accordance with the Tax Code;

branches (representative offices) of foreign non-financial organizations for which the status of non-resident under the currency legislation of the Republic of Kazakhstan is established by the terms of agreements concluded on behalf of the Republic of Kazakhstan with foreign organizations and entered into force before the entry into force of this Law;

international organizations, unless otherwise specified by an international treaty establishing them;

diplomatic and other official representations of foreign states.

The list of branches (representative offices) of foreign non-financial organizations for which the status of non-resident under the currency legislation of the Republic of Kazakhstan is established by the terms of agreements concluded on behalf of the Republic of Kazakhstan with foreign organizations is established by an act of the Government of the Republic of Kazakhstan.

5. The concepts and terms used and not defined in this Law are applied in the meaning in which they are used in the laws of the Republic of Kazakhstan.

This Law regulates public relations related to the implementation of currency transactions, defines the goals and objectives of currency regulation and currency control.

President

Republic of Kazakhstan

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