On measures to return illegally withdrawn assets to the State
Decree of the President of the Republic of Kazakhstan dated November 26, 2022 No. 3
In accordance with Article 21 of the Constitutional Law of the Republic of Kazakhstan "On the President of the Republic of Kazakhstan", in order to return to the Republic of Kazakhstan assets illegally withdrawn from the country, as well as to identify assets obtained illegally (hereinafter – illegally withdrawn assets), and return them to the state, I DECREE:
1. The Government of the Republic of Kazakhstan jointly with the Prosecutor General's Office of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan, the National Security Committee of the Republic of Kazakhstan, the Agency of the Republic of Kazakhstan for Combating Corruption (Anti-Corruption Service), the Agency of the Republic of Kazakhstan for Financial Monitoring, the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market, By March 31, 2023, Samruk-Kazyna National Welfare Fund Joint Stock Company and other interested government agencies and organizations will develop and submit to the Mazhilis of the Parliament of the Republic of Kazakhstan a draft Law of the Republic of Kazakhstan aimed at:
1) definition of subjects of legal relations regulated by law;
2) regulation of mechanisms for disclosure, confirmation of origin and return of illegally withdrawn assets;
3) ensuring transparency of procedures for the return of illegally withdrawn assets;
4) encouraging the voluntary transfer of illegally withdrawn assets to the State;
5) taking systematic measures aimed at eliminating the causes and conditions that contributed to the illegal withdrawal of assets;
6) creation of an advisory body on the return of illegally withdrawn assets with the definition of its powers;
7) the formation of a special state fund accumulating incoming illegally withdrawn assets and managing them to finance social and economic projects aimed at improving the well-being of the people of Kazakhstan.
2. To make a proposal to the Prosecutor General of the Republic of Kazakhstan on the formation of a separate unit in the structure of the Prosecutor General's Office of the Republic of Kazakhstan for the return of illegally withdrawn assets.
3. The Government of the Republic of Kazakhstan, together with the Prosecutor General's Office of the Republic of Kazakhstan and other interested government agencies, should systematically ensure effective cooperation with foreign countries and international organizations, including through international legal assistance to identify and return illegally withdrawn assets to the State.
4. Law enforcement agencies and special government agencies of the Republic of Kazakhstan should identify units specializing in the return of illegally withdrawn assets.
5. The Government of the Republic of Kazakhstan and state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan, as well as other organizations, shall take measures to implement this Decree.
6. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
7. This Decree shall enter into force from the date of its signing.
President
Republic of Kazakhstan
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