Article 25-1. Anti-fraud Center for the Law on Payments and Payment Systems

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 1. Anti-fraud Center:

1) collects, consolidates and stores information about events and attempts at payment transactions with signs of fraud received from financial organizations, payment organizations, mobile operators and criminal prosecution authorities;

2) processes and analyzes data on payments and (or) money transfers classified in accordance with established criteria as payment transactions with signs of fraud, necessary for financial organizations, payment organizations, mobile operators, and criminal prosecution authorities;

3) provides information necessary to prevent payment transactions with signs of fraud to financial organizations, payment organizations, cellular operators, and criminal prosecution authorities, including information about threats, vulnerabilities, prerequisites for events, as well as methods for their prevention and elimination.;

4) ensures the appropriate mode of storage, protection and safety of information obtained in the course of its activities, information and documents constituting official, commercial, banking or other legally protected secrets;

IZPI's note! Paragraph 1 is provided to be supplemented with subparagraph 4-1) in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

4-1) provides assistance in identifying and preventing other payment transactions that are recognized as illegal and (or) prohibited in accordance with the laws of the Republic of Kazakhstan, based on information from criminal prosecution authorities, national security and law enforcement agencies;

5) performs other functions determined by the National Bank of the Republic of Kazakhstan in accordance with the laws of the Republic of Kazakhstan.

2. A payment and (or) a money transfer (including an attempt to make such a payment and (or) a money transfer, a payment and (or) a money transfer in the process of execution) is recognized by a financial organization, a payment organization as a payment transaction with signs of fraud:

IZPI's note! Subparagraph 1) is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

1) if there is a request from the client to identify a payment transaction with signs of fraud;

2) if the sender of the money and (or) there is confirmed information from the criminal prosecution authority;

3) if, in accordance with the internal documents of the financial organization, the payment organization has such grounds;

IZPI's note! Subparagraph 4) is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

4) if the beneficiary of the payment and/or money transfer is in the database of events and attempts to make a payment transaction with signs of fraud.

IZPI's note! Article 25-1 is provided to be supplemented by paragraph 2-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

2-1. The rules for organizing the activities of the data exchange center for payment transactions with signs of fraud (the antifraud center of the National Bank of the Republic of Kazakhstan), approved by the National Bank of the Republic of Kazakhstan, are determined by:

1) the procedure for carrying out the activities of the antifraud center and the interaction of the antifraud center with persons involved in its activities;

2) the procedure for the antifraud center to create and maintain databases on events and attempts to make a payment transaction with signs of fraud and to provide access to them to persons involved in the activities of the antifraud center;

3) the procedure and time limits for refusal and suspension of execution of instructions by financial organizations and payment organizations upon receipt of information from the anti-fraud center about persons associated with payment transactions with signs of fraud;

4) the procedure, forms and deadlines for sending information about all events and (or) attempts to carry out payment transactions with signs of fraud by financial organizations and payment organizations to the anti-fraud center;

5) the procedure and types of submission of a limited list of financial or payment services if the client is included in the anti-fraud center databases by a financial organization or payment organization, as well as the procedure for applying to a financial organization or payment organization to obtain a limited list of financial or payment services;

6) the procedure for interaction of criminal prosecution authorities, national security and law enforcement agencies, financial organizations or payment organizations in order to identify and prevent other payment transactions that are recognized as illegal and (or) prohibited in accordance with the laws of the Republic of Kazakhstan;

7) the procedure for refunding money to the client specified in the notification from the criminal prosecution authority authorized by the prosecutor on the recognition of the transaction as fraudulent.

IZPI's note! The first part of paragraph 3 is provided to be deleted by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

3. The requirements for the procedure for carrying out the activities of the anti-fraud center and the interaction of the anti-fraud center with persons involved in the activities of the anti-fraud center are established by a regulatory legal act of the National Bank of the Republic of Kazakhstan.

IZPI's note! The second part of paragraph 3 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

The persons involved in the activities of the anti-fraud center are financial organizations, payment organizations, cellular operators, criminal prosecution authorities, national security, law enforcement agencies, the National Bank of the Republic of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations.

IZPI's note! Article 25-1 is provided to be supplemented by paragraph 3-1 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

3-1. Financial organizations and payment organizations, when detecting a payment transaction with signs of fraud, perform the following actions::

1) suspend the execution of instructions and (or) spending operations on a bank account, electronic wallet, or block the amount of payment and (or) money transfer for a period of no more than five working days;

2) in accordance with the procedure established by the agreement concluded with the client, provide the client with information on the suspension of execution of instructions and (or) spending operations on the client's bank account, electronic wallet, or blocking of the amount of payment and (or) money transfer, indicating the reasons and grounds.;

3) within five working days from the date of suspension of execution of instructions and (or) spending operations on the client's bank account, electronic wallet, or blocking of the amount of payment and (or) money transfer, analyze their client's operations, including obtaining additional information from the client necessary to clarify the circumstances and make a decision.;

4) if the client fails to provide the requested information during the analysis period, the bank account or electronic wallet is blocked until the client's explanations are received.;

5) if, based on the results of the analysis, a financial organization or payment organization decides not to recognize a transaction as fraudulent, financial organizations or payment organizations carry out a suspended payment and/or money transfer, resume spending operations on the client's bank account or electronic wallet, or remove the blocking from the amount of the payment and/or money transfer, unless otherwise specified the grounds provided for by the laws of the Republic of Kazakhstan, preventing the execution of this payment and (or) money transfer, the resumption of spending operations on the bank account, to the client's electronic wallet or to remove the blocking from the amount of this payment and/or money transfer;

6) if there are grounds or confirmation of the client's participation in a payment transaction with signs of fraud, a notification is sent through the anti-fraud center to the criminal prosecution body for subsequent measures established by the laws of the Republic of Kazakhstan, while simultaneously including the client in the database of attempts to make a payment transaction with signs of fraud.

Upon suspension of spending operations on a bank account or electronic wallet within the framework of the norms established by this article, the client has the right to apply to a financial institution or payment institution to receive a limited list of financial or payment services in accordance with the requirements of the regulatory legal act of the National Bank of the Republic of Kazakhstan specified in paragraph 2-1 of this article.

IZPI's note! Paragraph 4 is provided for in the wording of the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

4. Within three working days from the date of receipt of the notification (information) from the anti-fraud center, the criminal prosecution body shall inform the financial or payment organization of further actions, including the presence or absence of grounds for making a suspended payment and (or) money transfer and (or) resuming spending operations on a bank account, electronic to the client's wallet or removing the block from the payment amount and/or money transfer.

In case of non-receipt of the decision of the criminal prosecution body on further actions after three working days from the date of notification of the anti-fraud center, financial or payment organizations carry out a suspended payment and (or) money transfer, resume spending operations on the client's bank account, electronic wallet, or remove the blocking from the amount of the payment and (or) money transfer, if not There are other grounds provided for by the laws of the Republic of Kazakhstan that prevent this payment and (or) money transfer., resuming spending operations on the client's bank account, electronic wallet, or removing the block from the amount of this payment and/or money transfer.

The bodies of criminal prosecution, national security, and law enforcement agencies have the right to use the anti-fraud center for operational interaction with financial or payment organizations in order to identify and prevent other payment transactions that are recognized as illegal and (or) prohibited in accordance with the laws of the Republic of Kazakhstan.

The procedure for interaction of criminal prosecution authorities, national security, law enforcement agencies and financial or payment organizations in order to identify, suppress and prevent other payment transactions that are recognized as illegal and (or) prohibited in accordance with the laws of the Republic of Kazakhstan is determined by the regulatory legal act of the National Bank of the Republic of Kazakhstan, specified in paragraph 2-1 of this Article.

IZPI's note! Paragraph 5 is provided for in the wording of the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

5. When the client is included in the anti-fraud center databases, the financial or payment organization refuses or provides the client with a limited list of financial and (or) payment services.

The procedure and types of presentation of a limited list of financial and (or) payment services are established by the regulatory legal act of the National Bank of the Republic of Kazakhstan specified in paragraph 2-1 of this Article.

IZPI's note! Paragraph 6 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

6. Financial organizations and payment organizations, upon receiving information from the anti-fraud center about persons related to payment transactions with signs of fraud, refuse or suspend the execution of instructions within the time limits and in accordance with the procedure established by the regulatory legal act of the National Bank of the Republic of Kazakhstan specified in paragraph 2-1 of this Article.

7. The anti-fraud center and persons involved in the activities of the anti-fraud center are responsible in accordance with the laws of the Republic of Kazakhstan.

IZPI's note! Paragraph 8 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

8. Financial organizations and payment organizations are required to send to the anti-fraud center information on all events and (or) attempts to carry out payment transactions with signs of fraud in the form, within the time limits and in the manner determined by the regulatory legal act of the National Bank of the Republic of Kazakhstan specified in paragraph 2-1 of this Article.

IZPI's note! Paragraph 9 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

9. The Anti-fraud Center has the right to provide criminal prosecution authorities, national security and law enforcement agencies with data on payment transactions with signs of fraud, including those related to banking and other legally protected secrets, in accordance with the laws of the Republic of Kazakhstan.

IZPI's note! Paragraph 10 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

10. The anti-fraud center generates and maintains databases on events and attempts to make a payment transaction with signs of fraud, provides access to them to persons involved in the activities of the anti-fraud center in real time in accordance with the procedure established by the regulatory legal act of the National Bank of the Republic of Kazakhstan specified in paragraph 2-1 of this article.

The Anti-fraud Center has the right to create and maintain other databases necessary for the performance of its functions.

IZPI's note! Paragraph 11 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication); (effective six months after the date of its first official publication)

11. The anti-fraud center, without the client's consent, exchanges data with financial organizations, payment organizations, cellular operators, criminal prosecution authorities, national security and law enforcement agencies, and processes data on payment transactions with signs of fraud, including information about the individual client, his individual identification number, bank account number and (or) payment card bank card, cellular subscriber number, identity document, status of stay in the territory of the Republic of Kazakhstan and other information, necessary for the identification of the client and payments and (or) money transfers with his participation, including from the databases of national security agencies.

IZPI's note! Article 25-1 is provided to be supplemented by paragraph 12 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

12. Actions of financial and payment organizations carried out in accordance with this article, including refusal or suspension of execution of instructions and (or) spending operations on the client's bank account, electronic wallet, blocking amounts of money in the client's bank account or electronic wallet, as well as the transfer of information constituting banking and other legally protected secrets, are not grounds for bringing financial and payment organizations to responsibility, provided for by the laws of the Republic of Kazakhstan, as well as a civil contract.

The Law of the Republic of Kazakhstan dated July 26, 2016 No. 11-VI SAM.

This Law regulates public relations arising in the field of organization and functioning of payment systems, regulation of payment systems and supervision (oversight) of them, regulation of the payment services market and control over it, as well as the implementation of payments and (or) money transfers in the Republic of Kazakhstan.

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