Article 12. Targeted financial sanctions related to the prevention and prevention of terrorism and terrorist 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

Home / RLA / Article 12. Targeted financial sanctions related to the prevention and prevention of terrorism and terrorist 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

Article 12. Targeted financial sanctions related to the prevention and prevention of terrorism and terrorist 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 related to the financing of terrorism and extremism, posts it on its Internet resource and sends it to the relevant government agencies and organizations in electronic form.

2. To compile a list of organizations and persons related to the financing of terrorism and extremism, the following documents are sent to the authorized body::

1) a state body carrying out statistical activities in the field of legal statistics and special accounting within its competence, lists of organizations and (or) individuals specified in subitems 1), 2), 3) and 4) of paragraph 4 and subitems 1), 2), 3), 4) and 5) paragraph 5 of this article;

2) The Ministry of Foreign Affairs of the Republic of Kazakhstan lists the organizations and (or) individuals specified in subparagraph 5) of paragraph 4 and subparagraph 6) of paragraph 5 of this Article;

3) the Prosecutor General's Office of the Republic of Kazakhstan lists the organizations and (or) individuals specified in subparagraph 6) of paragraph 4 and subparagraphs 5-1) and 8) of paragraph 5 of this Article.

The lists of organizations and (or) individuals specified in subparagraph 7) of paragraph 4 and subparagraph 7) of paragraph 5 of this Article shall be compiled by the authorized body on the basis of information received from the United Nations Security Council.

3. The list of organizations and persons related to the financing of terrorism and extremism shall be updated in accordance with the information provided to the authorized body by the state bodies specified in paragraph 2 of this Article.

4. The grounds for including an organization or individual in the list of organizations and persons associated with the financing of terrorism and extremism are:

1) a court decision of the Republic of Kazakhstan that has entered into legal force on the liquidation of an organization in connection with its terrorist activities and (or) extremism;

2) the decision of the court of the Republic of Kazakhstan that has entered into legal force on the recognition of an organization engaged in terrorist activities or extremism on the territory of the Republic of Kazakhstan and (or) another state as terrorist or extremist, including the establishment of its name change;

3) the verdict of the court of the Republic of Kazakhstan on the recognition of an individual guilty of committing extremist and (or) terrorist crimes that has entered into legal force;

4) verdicts (decisions) of courts and decisions of other competent authorities of foreign states recognized in the Republic of Kazakhstan in accordance with international treaties of the Republic of Kazakhstan and laws of the Republic of Kazakhstan in respect of organizations or individuals engaged in terrorist activities;

5) the presence of an organization or individual in the list of organizations and persons associated with terrorist organizations or terrorists compiled by international organizations engaged in countering terrorism or their authorized bodies in accordance with international treaties of the Republic of Kazakhstan;

6) lists of organizations and individuals involved in terrorist and extremist activities compiled by the Prosecutor General's Office of the Republic of Kazakhstan on the basis of data from law enforcement and special state bodies of the Republic of Kazakhstan;

7) the application of targeted financial sanctions against an organization or individual in accordance with United Nations Security Council resolutions related to the prevention and prevention of terrorism and terrorist financing, or the inclusion of an organization and/or individual in sanctions lists compiled by United Nations Security Council committees established on the basis of United Nations Security Council resolutions. Of the United Nations related to the prevention and prevention of terrorism and the financing of terrorism.

5. The grounds for excluding an organization and an individual from the list of organizations and individuals associated with the financing of terrorism and extremism are:

1) cancellation of the decision of the court of the Republic of Kazakhstan on the liquidation of an organization in connection with its terrorist activities and (or) extremism in the event that liquidation proceedings are not completed on it, as well as on the recognition of an organization engaged in terrorist activities or extremism on the territory of the Republic of Kazakhstan and (or) another state as terrorist or extremist;

2) cancellation of the verdict of the court of the Republic of Kazakhstan on finding an individual guilty of committing extremist and (or) terrorist crimes;

3) cancellation of judgments (decisions) of courts and decisions of other competent authorities of foreign states recognized in the Republic of Kazakhstan in accordance with international treaties of the Republic of Kazakhstan and laws of the Republic of Kazakhstan in respect of organizations or individuals engaged in terrorist activities;

4) the existence of documented data on the death of an individual included in the list of organizations and persons associated with the financing of terrorism and extremism;

5) the existence of documented data on the repayment or removal of a criminal record from an individual convicted of committing an extremist and (or) terrorist crime;

5-1) a list of individuals compiled by the Prosecutor General's Office of the Republic of Kazakhstan on the basis of a positive conclusion of law enforcement or special state bodies of the Republic of Kazakhstan on the exclusion of an individual who has served a criminal sentence, but whose criminal record has not yet expired or withdrawn, from the list of organizations and persons associated with the financing of terrorism and extremism.

The procedure for preparing an opinion of law enforcement or special state bodies of the Republic of Kazakhstan on the exclusion of an individual who has served a criminal sentence, but whose criminal record has not yet expired or been expunged, from the list of organizations and persons related to the financing of terrorism and extremism is determined by a joint regulatory legal act of law enforcement and special state bodies of the Republic of Kazakhstan and the authorized body;

The procedure for preparing the conclusion of law enforcement or special state bodies of the Republic of Kazakhstan on the exclusion of an individual who has served a criminal sentence from the list of organizations and persons associated with the financing of terrorism and extremism is determined by a joint regulatory legal act of law enforcement and special state bodies of the Republic of Kazakhstan and the authorized body;

6) exclusion of an organization or individual from the list of organizations and persons associated with terrorist organizations or terrorists compiled by international organizations engaged in countering terrorism or their authorized bodies in accordance with international treaties of the Republic of Kazakhstan;

7) the lifting of targeted financial sanctions imposed on an organization or individual in accordance with United Nations Security Council resolutions related to the prevention and prevention of terrorism and terrorist financing, or the exclusion of an organization or individual from sanctions lists compiled by United Nations Security Council committees established on the basis of United Nations Security Council resolutions related to the prevention and prevention of terrorism and terrorist financing;

8) termination of the circumstances that served as grounds for their inclusion in the lists of organizations and persons involved in terrorist and extremist activities compiled by the Prosecutor General's Office of the Republic of Kazakhstan, based on data from law enforcement and special state bodies of the Republic of Kazakhstan.

5-1. The authorized body shall immediately, but not 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 related to the financing of terrorism and extremism, exclude the person from the specified list and inform the subjects of financial monitoring, state bodies of the Republic of Kazakhstan and organizations about the termination of the freeze period for transactions with money and (or) other property by posting such a decision on its Internet resource.

6. The lists formed in accordance with subparagraph 6) of paragraph 4 of this Article must contain the following information:

1) in relation to an individual:

the details of his identity document;

individual identification number;

place of residence;

information about the availability of movable and immovable property;

information about participation in legal entities, branches and representative offices and registration as an individual entrepreneur;

2) in relation to a legal entity:

name;

business identification number;

information about the place of state registration and location;

information about officials, information about the founders.

3) in relation to a foreign structure without forming a legal entity:

name;

the number (if any) under which a foreign entity without forming a legal entity is registered in a foreign country (territory);

address of the place of registration and/or location;

information about the founders (participants) of a foreign structure without forming a legal entity.

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

The authorized body, together with law enforcement and special state bodies of the Republic of Kazakhstan, considers an application for exclusion of an organization or individual from the list of organizations and persons related to the financing of terrorism and extremism within the time limits established by the laws of the Republic of Kazakhstan, and makes 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 in accordance with the procedure established by the laws of the Republic of Kazakhstan.

8. An individual included in the list of organizations and persons related to the financing of terrorism and extremism, on the grounds provided for in subparagraphs 3), 4), 5) and 6) of paragraph 4 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 a financial entity. monitoring for the following operations with money or other property:

1) received in the form of payment for work leave or wages in an amount not exceeding the minimum wage established for the relevant financial year by the law on the republican budget, during a calendar month based on each family member;

2) received in the form of a pension, expenses for business trips, scholarships, allowances, other social benefits in accordance with the legislation of the Republic of Kazakhstan, as well as to pay taxes, utility and social payments, other mandatory payments to the budget, penalties and fines.

The procedure for disbursing funds to an individual included in the list of organizations and persons associated with the financing of terrorism and extremism to ensure their livelihoods is determined by the authorized body.

The exclusion of an organization and an individual from the list of organizations and persons associated with the financing of terrorism and extremism is the basis for the cancellation of measures to freeze transactions with money and (or) other property belonging to organizations and individuals included in the list of organizations and persons associated with the financing of terrorism and extremism.

3) related to compulsory social health insurance, insurance of an employee against accidents in the performance of his labor (official) duties, compulsory insurance of civil liability of vehicle owners, compulsory insurance of civil liability of the carrier to passengers.

8-1. An individual included in the list of organizations and persons related to the financing of terrorism and extremism, on the grounds provided for in subparagraph 7) of paragraph 4 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 transactions with money 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 or an international organization engaged in countering terrorism, inform the financial monitoring entity of the satisfaction of the application specified in part one of this paragraph.

The authorized body also informs the applicant about the decision taken by the United Nations Security Council Committee or international organizations engaged in countering terrorism.

8-2. An individual included in the list of organizations and persons associated with the financing of terrorism and extremism, on the grounds provided for in subparagraphs 3) and 6) of paragraph 4 of this article, who has served a criminal sentence, but whose criminal record has not yet expired, in order to ensure their livelihoods and family members who do not have independent sources. income, has the right to apply to a law enforcement or special state body with a written reasoned statement on its exclusion from the list of organizations and persons., related to the financing of terrorism and extremism.

An individual included in the list of organizations and persons associated with the financing of terrorism and extremism, on the grounds provided for in subparagraphs 4) and 5) of paragraph 4 of this article, who has served a criminal sentence, but whose criminal record has not yet expired, in order to ensure their livelihoods and family members who do not have independent sources. income, has the right to apply to the competent authorities of foreign states that have pronounced a verdict and (or) made a decision on the guilt of this individual., with a written reasoned statement on its exclusion from the list of organizations and persons associated with the financing of terrorism and extremism.

The procedure for preparing an opinion of law enforcement or special state bodies of the Republic of Kazakhstan on the exclusion of an individual who has served a criminal sentence but whose criminal record has not yet expired or been expunged from the list of organizations and persons related to the financing of terrorism and extremism is determined by a joint regulatory legal act of law enforcement and special state bodies of the Republic of Kazakhstan and the authorized body.";

18) in the third part of paragraph 5 of Article 12-1, the words "financial monitoring entity" should be replaced by the words "state bodies of the Republic of Kazakhstan and organizations by sending an appropriate notification, and financial monitoring entities by posting such notification on their Internet resource"

9. In case of identification of the property of a person included in the list of organizations and persons related to the financing of terrorism and extremism, including detached property in legal entities, the authorized body immediately transmits such information to the Prosecutor General's Office of the Republic of Kazakhstan to resolve the issue of seizure of such property.

10. If the authorized body receives a request from the competent authority of a foreign state about the possible involvement of an organization or individual in terrorist activities, if there are grounds provided for in paragraph 4 of this article for including such organizations or individuals in the list of organizations and persons related to the financing of terrorism and extremism, the authorized body shall draw up a list of persons involved terrorist activity.

The authorized body shall post on its Internet resource a list of persons involved in terrorist activities in order for financial monitoring entities to take measures to freeze transactions with money and (or) other property for up to fifteen calendar days.

The authorized body shall take measures to include individuals from the list of persons involved in terrorist activities in the list of organizations and persons associated with the financing of terrorism and extremism, in accordance with paragraph 4 of this article.

Notes.

1. For the purposes of this article, family members of an individual included in the list of organizations and persons associated with the financing of terrorism and extremism are: spouse, joint or one of the spouses minor children (including adopted children who are dependent or under guardianship); parents and parents dependent spouse(s).

2. 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

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