Article 11-1. Assessment of the risks of legalization (laundering) of proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass destruction The Law on Countering the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction 

     1. The risk assessment of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction is carried out in order to identify threats and opportunities for the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction in the Republic of Kazakhstan, to identify shortcomings in the implementation of measures to counteract the legalization (laundering) of income proceeds from crime, financing of terrorism, and financing the proliferation of weapons of mass destruction. 

     2. The risk assessment consists of a national risk assessment and a sectoral risk assessment. 

     The national risk assessment is conducted by the authorized body on the basis of the rules for conducting a national risk assessment of the legalization (laundering) of proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass destruction. 

     The sectoral risk assessment is carried out by the state bodies of the Republic of Kazakhstan, which, within their competence, monitor compliance by financial monitoring entities with the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass destruction based on the methodology of conducting a sectoral risk assessment. The methodology for conducting sectoral risk assessment is being developed by government agencies that, within their competence, monitor 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 the proliferation of weapons of mass destruction. 

     3. The rules for conducting a national risk assessment of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction are approved by the authorized body. 

     The methodology for collecting data from government agencies and financial monitoring entities for national risk assessment of the legalization (laundering) of proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass destruction is approved by the authorized body. 

     Based on the results of the national risk assessment, the Government of the Republic of Kazakhstan approves measures aimed at reducing the risks of legalizing (laundering) proceeds from crime, financing terrorism and financing the proliferation of weapons of mass destruction. 

     4. In order to develop measures to implement State policy in the field of countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, to increase their effectiveness, as well as to coordinate measures aimed at reducing the risks of legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction the authorized body forms an Interdepartmental Council on the prevention of money laundering, criminally obtained funds, financing of terrorism and financing the proliferation of weapons of mass destruction. 

     The Interdepartmental Council on the Prevention of the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction includes, by agreement, representatives of law enforcement and special state bodies of the Republic of Kazakhstan, as well as state bodies of the Republic of Kazakhstan that, in accordance with this Law, counteract the legalization (laundering) of proceeds from crime., financing of terrorism and financing the proliferation of weapons of mass destruction. 

     The regulations and composition of the Interdepartmental Council on the Prevention of the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction are approved by the authorized body. 

     5. The Interdepartmental Council on the Prevention of the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction has the right to send recommendations to the state bodies of the Republic of Kazakhstan on reducing the risks of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, as well as to evaluate the results of the implementation of such recommendations. 

     The Interdepartmental Council on the Prevention of the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction considers the appeals of the Financial Action Task Force on Money Laundering (FATF) and decides on measures to reduce the risks of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of arms proliferation. mass destruction identified by the Financial Action Task Force on Money Laundering (FATF). 

     The authorized body brings the decision on measures to reduce the risks of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, identified by the Financial Action Task Force on Money Laundering (FATF), to the subjects of financial monitoring. 

     6. The Interdepartmental Council on the Prevention of the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction reviews and approves the report on the national risk assessment of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of Weapons of Mass Destruction, and determines the information from the report on the national risk assessment legalization (laundering) of criminally obtained income, financing of terrorism and financing the proliferation of weapons of mass destruction, to be published. 

     The authorized body sends to the relevant state bodies a report on the national risk assessment of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, and also posts on its Internet resource information from the report on the national risk assessment of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of proliferation. weapons of mass destruction to be published. 

     7. Financial monitoring entities shall take into account published information from the report on the national risk assessment of the legalization (laundering) of proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass destruction, as well as lists of persons compiled by the authorized body during the implementation of programs included in the internal control rules. 

     Financial monitoring entities are required to: 

     1) to evaluate, identify, document and update the results of the risk assessment of the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, including the risk of using technological advances; 

     2) develop control measures and procedures to manage the risks of legalizing (laundering) proceeds from crime, financing terrorism and financing the proliferation of weapons of mass destruction, and reducing the risks of legalizing (laundering) proceeds from crime, financing terrorism and financing the proliferation of weapons of mass destruction; 

     3) classify their clients taking into account the degree of risk of legalizing (laundering) proceeds from crime, financing terrorism and financing the proliferation of weapons of mass destruction, as well as information and information received from the authorized body.

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  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases