Article 10. Collection of information and information on transactions subject to financial monitoring of the Law on Countering the Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing the Proliferation of Weapons of Mass Destruction

      1. Excluded by the Law of the Republic of Kazakhstan dated 04/02/2019 No. 241-VI (effective ten calendar days after the date of its first official publication).

     2. Financial monitoring entities shall provide the authorized body with information and information on transactions subject to financial monitoring, which contain information about the financial monitoring entity, information about the transaction, including information about the participants in the transaction, and, if necessary, a sign of identification of a suspicious transaction, additional information on the transaction subject to financial monitoring.

     The procedure for providing financial monitoring entities with information and information on transactions subject to financial monitoring and the signs of determining a suspicious transaction are determined by the authorized body in coordination with government agencies exercising, within their competence, state control over compliance by financial monitoring entities with the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of terrorism. proliferation of weapons of mass destruction.

     Information and information on transactions subject to financial monitoring are documented and provided to the authorized body by financial monitoring entities electronically through dedicated communication channels in Kazakh or Russian.

     Information and information on transactions subject to financial monitoring are provided by financial monitoring entities within the following time limits:

      according to paragraph 1 of Article 4 of this Law, no later than the business day following the day of the commission;

      according to paragraph 3 of Article 4 of this Law within the time limits established by paragraph 2 of Article 13 of this Law;

      according to paragraph 5 of Article 4 of this Law, no later than the business day following the day of recognition of the client's operation having characteristics corresponding to typologies, schemes, and methods of legalizing (laundering) proceeds from crime, financing terrorism, and financing the proliferation of weapons of mass destruction, and recording the results of such recognition.

   2-1. Information, information on transactions subject to financial monitoring, as well as documents confirming compliance with the requirements established by the legislation on countering the legalization (laundering) of proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass destruction, are provided by financial monitoring entities through their personal account. 

     The personal account of the financial monitoring entity contains: 

     1) the results of an assessment of the degree of exposure of services (products) to the risks of legalizing (laundering) proceeds from crime, financing terrorism and financing the proliferation of weapons of mass destruction; 

     2) internal control rules; 

     3) a certificate of passing a test on knowledge of legislation on countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction. 

     The procedure for maintaining a personal account is established by the authorized body. 

     Financial monitoring entities are required to register in their personal account on dedicated communication channels of the authorized body, regardless of the availability of information and information about transactions subject to financial monitoring.

     3. Information and information about the operation subject to financial monitoring are not provided.:

     1) lawyers, legal consultants and other independent legal experts, if this information and information is obtained in connection with the provision of legal assistance in matters of representation and protection of individuals and (or) legal entities in the bodies of inquiry, preliminary investigation, courts, as well as in the provision of legal assistance in the form of consultations, explanations, advice, and written opinions on issues that require professional legal knowledge, the preparation of statements of claim, complaints, and other legal documents.;

     2) notaries when performing notarial actions not related to money and (or) other property, as well as when they provide legal assistance in the form of consultations, clarifications on issues that require professional legal knowledge to resolve.

     3-1. When analyzing information obtained in accordance with this Law, the authorized body, if necessary, sends a request to the financial monitoring entity to provide the necessary information, information and documents.

     For the purposes specified in subparagraph 1) of paragraph 2 of Article 18 and paragraph 2 of Article 19-1 of this Law, the authorized body sends a request to the financial monitoring entity to provide the necessary information, information and documents.

     The financial monitoring entity is obliged to provide the necessary information, information and documents to the authorized body upon its request within three working days from the date of receipt of the relevant request.

     At the request of the authorized body related to the analysis of a suspicious transaction, the financial monitoring entity is obliged to provide the necessary information, information and documents no later than the business day from the date of receipt of the request.

     In cases where additional time is required to process the request, the authorized body may, upon a written request from the financial monitoring entity, extend the period specified in part three of this paragraph by no more than ten working days.

     The authorized body has no right to request information, information and documents on transactions performed prior to the entry into force of this Law, with the exception of information, information and documents that are provided on the basis of an international treaty ratified by the Republic of Kazakhstan.

      3-2. Upon receipt of a request from the authorized body for the provision of necessary information, information and documents on international money transfers conducted through a money transfer system operating in the territory of the Republic of Kazakhstan, banks and organizations engaged in certain types of banking operations on the basis of a concluded agreement with the operator of the money transfer system in accordance with the Law of the Republic of Kazakhstan "On Payments and payment systems" from the moment of receiving the relevant request, the following information and information is requested from the operator of the money transfer system:    

     1) the surname, first name, patronymic (if it is indicated in the identity document) or full or abbreviated names (for legal entities, foreign entities without forming a legal entity) of the sender and recipient of the money (beneficiary);

     2) an individual identification number (if any), date of birth, place of birth, and the number of the identity document of the sender and recipient of the money (beneficiary).

     In accordance with the concluded agreement, money transfer system operators are required to provide banks and organizations engaged in certain types of banking operations with the necessary information and information within two business days from the date of receipt of the relevant request.

     4. The costs associated with the transfer to the authorized body of information about the transaction subject to financial monitoring, obtained during the proper verification of the client, shall be borne by the subjects of financial monitoring.

The Law of the Republic of Kazakhstan dated August 28, 2009 No. 191-IV.

     This Law defines the legal basis for countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, the legal relations of financial monitoring entities, the authorized body and other state bodies of the Republic of Kazakhstan in the field of countering the legalization (laundering) of proceeds from crime and the financing of terrorism, as well as the mechanisms for implementing targeted financial sanctions, related to the prevention and prevention of terrorism and the financing of terrorism, and the prevention, prevention and cessation of the proliferation of weapons of mass destruction and their financing.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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