Article 12-1. Targeted financial sanctions related to the prevention, prevention and cessation of the proliferation of weapons of mass destruction and their financing 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 authorized body draws up a list of organizations and persons associated with financing the proliferation of weapons of mass destruction, posts it on its Internet resource and sends it to the relevant government agencies and organizations in electronic form.  

     2. The basis for including an organization or individual in the list of organizations and individuals associated with the financing of the proliferation of weapons of mass destruction is the application of targeted financial sanctions against them in accordance with United Nations Security Council resolutions related to the prevention, prevention and cessation of the proliferation of weapons of mass destruction and their financing.

     3. The basis for excluding an organization or individual from the list of organizations and individuals associated with financing the proliferation of weapons of mass destruction is the lifting of targeted financial sanctions in accordance with United Nations Security Council resolutions related to the prevention, prevention and cessation of the proliferation of weapons of mass destruction.

     The authorized body shall immediately, but no later than one business day from the date of making a decision to exclude an organization or individual from the list of organizations and persons associated with financing the proliferation of weapons of mass destruction, post such a decision on its Internet resource and forward it to the relevant government agencies and organizations.

     4. Organizations or individuals who are mistakenly included in the list of organizations and persons related to the financing of the proliferation of weapons of mass destruction, or who are subject to exclusion from the specified list, but are not excluded from the specified list, apply to the authorized body with a written reasoned statement on their exclusion from the specified list.

      The authorized body shall consider an application for exclusion of an organization or individual from the list of organizations and persons associated with financing the proliferation of weapons of mass destruction within the time limits established by the Administrative Procedural Code of the Republic of Kazakhstan and make one of the following reasoned decisions:

     1) the exclusion of an organization or individual from the specified list;

     2) the refusal to satisfy the application with the provision of a reasoned reason for the refusal.

     The decision of the authorized body may be appealed by the applicant to the court.

     5. An individual included in the list of organizations and persons associated with financing the proliferation of weapons of mass destruction, on the basis of paragraph 2 of this article, in order to ensure their livelihoods and family members who do not have independent sources of income, has the right to apply to the authorized body with a written reasoned application for partial or complete cancellation of the measures applied to freeze money transactions. and (or) other property.

      The authorized body ensures that this application is reviewed by the relevant Committee of the United Nations Security Council.  

     The authorized body shall immediately, but not later than one working day from the date of receipt of the decision of the United Nations Security Council Committee on the satisfaction of the application specified in part one of this paragraph, inform the financial monitoring entity.

     The authorized body also informs the applicant about the decision taken by the United Nations Security Council Committee.

     6. If at least one of the parties to the operations is a person included in the list of organizations and persons related to the financing of the proliferation of weapons of mass destruction, and the operations are carried out within the framework of agreements concluded prior to the inclusion of such persons in the list of organizations and persons related to the financing of the proliferation of weapons of mass destruction, the subjects of financial monitoring shall immediately inform the authorized body on such transactions (with the exception of money transfer transactions).

     Upon receiving the notification provided for in part one of this paragraph, the authorized body shall suspend the operation for up to fifteen working days within twenty-four hours from the date of its receipt.

     The financial monitoring entity, until the authorized body makes a decision to suspend the operation, does not conduct an operation with money and (or) other property, the notification of which is provided in accordance with part one of this paragraph.

     The decision to suspend the operation is communicated to the financial monitoring entity that submitted the transaction report electronically or on paper.

     If the financial monitoring entity does not receive, within twenty-four hours from the date of notification of the information, the decision of the authorized body to suspend the operation, the operation must be carried out, unless there are other grounds provided for by the laws of the Republic of Kazakhstan that prevent such an operation.

     The authorized body, after making a decision to suspend the operation, shall, within three working days, make a decision on conducting the operation or refusing to conduct the operation and bring it to the subjects of financial monitoring.

     After the expiration of the suspension period for the operation, by decision of the authorized body, the operation must be carried out in the absence of other grounds provided for by the laws of the Republic of Kazakhstan that prevent such an operation.

     The decision to perform the operation can be made if the following requirements are met:

     1) the agreement is not related to any prohibited items, materials, equipment, goods, technologies, assistance, training, financial support, investment, brokerage activities or services specified in the documents of the United Nations Security Council related to the prevention, prevention and cessation of the proliferation of weapons of mass destruction and their financing;

     2) payment will not be received directly or indirectly by an organization or a person included in the resolutions of the United Nations Security Council related to the prevention, prevention and cessation of the proliferation of weapons of mass destruction and their financing.

     After making a decision on the operation, the authorized body immediately sends a notification to the relevant Committee of the United Nations Security Council about its intention to authorize the operation.

     7. The authorized body, in accordance with the legislation of the Republic of Kazakhstan, notifies the relevant Committee of the United Nations Security Council of the crossing of the State Border of the Republic of Kazakhstan by individuals included in the list of organizations and persons associated with financing the proliferation of weapons of mass destruction.

     Note.

     For the purposes of this article, an organization is also understood as a foreign entity without forming a legal entity.

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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