On approval of the Rules for currency transactions in the Republic of Kazakhstan

Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 30, 2019 No. 40. Registered in the Ministry of Justice of the Republic of Kazakhstan on April 15, 2019 No. 18512.

      Unofficial translation

      The reporting deadlines shall be extended during the period of the state of emergency introduced by the Decree of the President of the Republic of Kazakhstan dated March 15, 2020 No. 285 "On introduction of a state of emergency in the Republic of Kazakhstan" in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 31, 2020 No. 42 (shall be enforced from the date of its first official publication).

      In accordance with subparagraph 59) of part two of Article 15 of the Law of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan”, subparagraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On State Statistics” and subparagraph 1) of paragraph 4 of Article 5 of the Law of the Republic of Kazakhstan “On Currency regulation and currency control” The Board of the National Bank of the Republic of Kazakhstan HEREBY RESOLVES:

      Footnote. Preamble is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 No. 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      1. To approve the attached Rules for currency transactions in the Republic of Kazakhstan.

      2. To recognize as invalid the regulatory legal acts of the Republic of Kazakhstan, as well as the structural element of the regulatory legal act of the Republic of Kazakhstan according to the list in accordance with the appendix to this resolution.

      3. The Department of the balance of payments and foreign exchange regulation (Kuandykov A.A.) in the manner prescribed by the legislation of the Republic of Kazakhstan to ensure:

      1) together with the Legal Department (Sarsenova N.V.), the state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days from the date of the state registration of this resolution, its sending in the Kazakh and Russian languages to the Republican state enterprise on the basis of the right of economic management “Republican Legal Information Center” for official publication and inclusion in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;

      3) placement of this resolution on the official Internet resource of the National Bank of the Republic of Kazakhstan after its official publication;

      4) within ten working days after the state registration of this resolution, submission of information to the Legal Department on the implementation of measures provided for in subparagraphs 2), 3) of this paragraph and paragraph 4 of this resolution.

      4. Within ten calendar days after the state registration of this resolution, the Directorate for protection of the rights of consumers of financial services and external communications (Terentyev A.L.) to ensure sending of its copy for official publication in periodicals.

      5. Deputy Chairman of the National Bank of the Republic of Kazakhstan O. A. Smolyakov shall be authorized to oversee the implementation of this resolution.

      6. This resolution shall be subject to official publication and shall be enforced from July 1, 2019.

      Chairman of the
      National Bank Ye. Dosayev

      "AGREED"

      Ministry of foreign affairs of the

      Republic of Kazakhstan

      ___________________________

      "___" __________ 20___

      "AGREED"

      Statistics Committee of the

      Ministry of national economy of the

      Republic of Kazakhstan

      ___________________________

      "___" __________ 20___

  Approved
by the resolution of the
Board of the National Bank of the
Republic of Kazakhstan
dated March 30, 2019 № 40

Rules for currency transactions in the Republic of Kazakhstan
Chapter 1. General provisions

      1. The Rules for the implementation of foreign exchange transactions in the Republic of Kazakhstan (hereinafter- the Rules) have been developed in accordance with subparagraph 59) of part two of Article 15 of the Law of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan” (hereinafter- the Law on the National Bank), subparagraph 1) of paragraph 4 of Article 5 of the Law of the Republic of Kazakhstan "On currency regulation and currency control" (hereinafter- the Law on currency regulation and currency control) and shall determine the procedure for carrying out currency transactions in the Republic of Kazakhstan by residents and non-residents.

      The rules include the order of:

      making payments and (or) money transfers on currency transactions;

      purchases and (or) sales of non-cash foreign currency in the domestic foreign exchange market of the Republic of Kazakhstan;

      conducting transactions on a bank account, related to the withdrawal, crediting and use of cash foreign currency.

      Footnote. Paragraph 1 as amended by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 No. 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      2. The concepts used in the Rules are applied in the meanings specified in the Law on currency regulation and currency control.

      The following concepts and abbreviations are also used in the Rules:

      1) BIN - business identification number;

      2) IIN - individual identification number;

      3) internal corporate money transfer - a money transfer carried out by a legal entity with its structural divisions or between structural divisions of one legal entity;

      4) registration certificate - a document of a standard form issued upon registration of a currency agreement before the entry into force of the Rules and which has not expired;

      5) the National Bank - the National Bank of the Republic of Kazakhstan;

      6) certificate of notification - a document of a standard form issued to a currency agreement or account in a foreign bank before the entry into force of the Rules and which has not expired.

Chapter 2. Procedure for making payments and (or) money
transfers on currency transactions
Paragraph 1. Making payments and (or) money transfers on currency transactions

      3. An authorized bank makes a payment and (or) money transfer on a currency transaction if there are documents and (or) information submitted by a resident or non-resident in accordance with the Rules.

      For the purposes of the Rules, if the currency of payment and (or) money transfer differs from the United States dollar (hereinafter referred to as the USA), the equivalent of the amount of payment and (or) money transfer is calculated using the market exchange rate on the day of the transaction.

      The rules for the implementation of export-import currency control in the Republic of Kazakhstan, approved by the National Bank in accordance with subparagraph 3) of paragraph 4 of article 5 of the Law on currency regulation and currency control, provide for the peculiarities of payments and (or) money transfers under cuurrency agreements on export and import, covered by the requirement to obtain an account number.

      4. Payment and (or) money transfer on a currency transaction of a resident from a non-resident's account in a foreign bank in order to fulfill the resident's obligations is carried out in the case of:

      1) transfer of a financial loan received by a resident from a non-resident to the accounts of third parties;

      2) provision of financial services in the securities market to a resident by a non-resident, having the right to carry out professional activities in the securities market according to the legislation of the state where he is registered;

      3) provision of services to a resident by a non-resident under a contract of delegation.

      5. When making a payment and (or) transferring money under a currency agreement, which is covered by the requirement to obtain an account number, the resident indicates the details of such an agreement and his account number in payment documents. To identify the amounts received, the resident notifies the non-resident of the need to indicate in the payment documents on the money transfer in his favor the details of the currency agreement and his account number.

      When making a payment and (or) money transfer under a currency agreement, which is covered by the requirement to obtain an account number, the authorized bank (its branch) checks the presence of the details of the currency agreement and its account number in the payment document.

      If the currency agreement, on the basis of and (or) pursuant to which, capital flow transactions are carried out (hereinafter referred to as the currency capital flow agreement) or payments and (or) money transfers are made using an account in a foreign bank to which an account number is assigned or a registration certificate or certificate of notification is issued, amendments and (or) additions have been made that require, in accordance with paragraphs 15 and 22 of the Rules for monitoring currency transactions in the Republic of Kazakhstan, approved by the National Bank in accordance with subparagraph 4) of paragraph 4 of Article 5 of the Law on currency regulation and currency control, receipt of a new account number, a payment and (or) money transfer may be made using the existing account number (number of the registration certificate or certificate of notification). In this case, the authorized bank (its branch) notifies the resident in any form of the need to obtain a new account number.

      If the payment document on the payment received to the resident and (or) the money transfer under the currency agreement incorrectly indicates or does not contain the details of such an agreement and (or) its account number, then the crediting is made by an authorized bank on the basis of a written confirmation by the resident of the details of the currency agreement and (or) his account number.

      In the absence of the necessary data in the payment document for accounting of the money received under the currency agreement, the authorized bank (its branch) credits it to the sender’s instruction account, having previously notified the resident in writing about the need to identify the received money. The resident informs the authorized bank (its branch) in writing about the nature of the amount received, indicating the details of the currency agreement and its account number.

      6. If, within one hundred and eighty calendar days, the received money is not identified by the details of the currency agreement or its account number or the resident does not perform other actions to submit the documents and (or) information provided for by the Rules, the authorized bank (its branch) returns such instruction without execution.

      7. An individual, in the cases established by paragraph 4 of Article 7 of the Law on currency regulation and currency control, transfers money on a currency transaction on the territory of the Republic of Kazakhstan, from the Republic of Kazakhstan and to the Republic of Kazakhstan without opening and (or) using an account in an authorized bank in the amount not exceeding the equivalent of ten thousand US dollars.

      8. An authorized bank shall inform the National Bank of facts of violations of the currency legislation of the Republic of Kazakhstan made by customers of the authorized bank that became known to it during the calendar month, except for violations of the requirement to repatriate national and (or) foreign currency for export or import, not later than the last day of the next calendar month, in accordance with the card for violation in the form in accordance with Appendix 1 to the Rules.

      8-1. The authorized bank monthly until the 18th (eighteenth) day (inclusive) of the month following the reporting period on foreign exchange transactions, including those carried out on behalf of the client, the amount of which is equal to or exceeds 50,000 (fifty thousand) US dollars in equivalent, as well as on transactions purchases and sales on behalf of a client of foreign currency, regardless of the amount shall submit to the central office of the National Bank a report on the currency transactions carried out in the form in accordance with Appendix 9 to the Rules for monitoring foreign exchange transactions in the Republic of Kazakhstan, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 10, 2019 No. 64 “On Approval of the Rules for Monitoring Foreign Exchange Transactions in the Republic of Kazakhstan”, registered in the Register of State registration of regulatory legal acts under No. 18544.

      Footnote. The rules are supplemented by paragraph 8-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 No. 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      9. The information required in accordance with the Rules is submitted by the authorized banks in paper or electronically using the transport system of guaranteed delivery of information with cryptographic means of protection that ensure the confidentiality and authenticity of the transmitted data.

      9.1. For currency transactions related to reinsurance services in foreign currency from participants of the International financial center “Astana”, insurance (reinsurance) organizations of the Republic of Kazakhstan shall submit to the National Bank, including a report on reinsurance activities in accordance with Annex 22 to the Resolution of the Board of the National Bank dated December 31, 2019 No. 275 " On approval of the list, forms, deadlines for submitting reporting by an insurance (reinsurance) organization and an insurance broker and the Rules for its submission", registered in the Register of state registration of regulatory legal acts under No. 19927.

      Footnote. The rules are supplemented with clause 9-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 20, 2020 No. 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Paragraph 2. Documents required when making payments and (or) money transfers
on currency transactions

      10. When making a payment and (or) transferring money under a currency transaction, a resident or non-resident shall submit the following documents to the authorized bank:

      1) an identity document with an IIN in cases provided for by the laws of the Republic of Kazakhstan (for an individual), or data confirming (identifying) an individual through a digital document service.

      The authorized bank uses data from the digital document service subject to the consent of the owner, provided from the user's account on the "electronic government" web portal, as well as through the owner's mobile subscriber number registered on the "electronic government" web portal by transferring a one-time password or by sending a short text message as a response to the notification of the e-government web portal;

      2) a document confirming the right of permanent residence in the Republic of Kazakhstan (if any) (for an individual - a foreigner or stateless person);

      3) a license of the National Bank for banking and other transactions (if any);

      4) copies of documents confirming the fulfillment or on the basis of which it is necessary to fulfill obligations under foreign exchange contracts for export or import;

      5) a currency contract or a copy thereof. A foreign exchange contract or a copy thereof, which is subject to the requirement to obtain an account number, shall be submitted with a note on the assignment of an account number (for a currency contract to which an account number was assigned after the Rules were put into effect);

      6) a registration certificate or a certificate of notification - for currency contracts subject to registration on the movement of capital or accounts in foreign banks, for which, before the entry into force of the Rules, a registration certificate or a certificate of notification was received and no accounting number was assigned.

      Submission of a foreign exchange contract is not required in the following cases:

      if the transfer of money for a currency transaction is carried out between resident individuals or between non-resident individuals within the Republic of Kazakhstan and is free of charge;

      if a payment and (or) money transfer under a currency transaction is carried out for an amount not exceeding the equivalent of ten thousand US dollars, and the sender or beneficiary of the payment and (or) money transfer is an individual, branch and (or) representative office of a foreign legal entity or a non-resident -entity;

      if a payment and (or) money transfer under a currency transaction is carried out for an amount not exceeding the equivalent of ten thousand US dollars, and a resident legal entity (the sender and (or) beneficiary of the payment and (or) money transfer) has made or confirmed a record that that such payment and (or) money transfer is not related to the execution of a foreign exchange contract, which requires the assignment of an account number;

      if the payment and (or) transfer of money for a currency transaction is carried out by an individual to his/her own bank account (from his/her own bank account) in a foreign bank.

      Payment and (or) transfer of money on a currency transaction carried out by a resident-third party through an authorized bank to fulfill the obligations of a resident and (or) non-resident shall be allowed subject to the submission of a contract determining the nature of mutual obligations between the resident-third party and the person for which a payment and (or) money transfer is made, unless it follows from the currency contract on the basis of which such a payment and (or) money transfer is made. If any of the currency contracts is subject to the requirement to obtain an account number, then a copy of the currency contract with a note on the assignment of an account number, or a copy of the registration certificate, or a copy of the notification certificate shall be submitted.

      If a payment and (or) transfer of money under a currency transaction is carried out by a resident-individual to fulfill the obligations of a spouse or close relative, then as a currency contract a document shall be presented confirming that the sender of money is the spouse or close relative of the individual in fulfillment of whose obligations the payment and (or) money transfer is made.

      Footnote. Paragraph 10 is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 No. 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      11. Payment and (or) money transfer on a currency transaction of a resident or non-resident using a payment card issued by an authorized bank is carried out without prior request of documents and (or) information required in accordance with the Rules.

      If a payment and (or) money transfer for such a transaction has been made in the amount equal to fifty thousand US dollars in equivalent or higher, then the resident or non-resident submits information at the request of an authorized bank in accordance with paragraphs 14 and 15 of the Rules.

      If a payment and (or) money transfer is made using a corporate payment card by a resident legal entity or a resident-branch (representative office) of a foreign non-financial organization in the amount equal to fifty thousand US dollars in equivalent or more, then such a resident within thirty working days from the day of such payment and (or) money transfer, submits to the authorized bank a currency agreement or a copy thereof.

Paragraph 3. Information required when making payments and (or)
money transfers on currency transactions

      12. When making a payment and (or) money transfer on a currency transaction that requires the presentation of a currency agreement, and if an individual (money sender or beneficiary of money) does not have an opportunity to present it, the authorized bank makes such payment and (or) money transfer if there is information about the record made or confirmed by an individual:

      1) allowing the authorized bank to submit information about this payment and (or) money transfer to the law enforcement bodies of the Republic of Kazakhstan and (or) the National Bank;

      2) confirming that this payment and (or) money transfer is not related to the execution of a currency agreement, according to which an account number (for residents) is required;

      3) confirming that this payment and (or) money transfer is not related to the financing of terrorist or extremist activities and other complicity with terrorism or extremism.

      13. Payment and (or) money transfer in a currency transaction, which may be aimed at withdrawal of money from the Republic of Kazakhstan and specified in paragraph 2 of Article 21 of the Law on currency regulation and currency control, is carried out if there is information about the submission by the resident who is the sender or the recipient of money, of the permission to an authorized bank to submit information about this payment and (or) money transfer to currency control authorities.

      Such permission is issued in any form. It is allowed to submit one permit in respect of all payments and (or) money transfers on currency transactions within the framework of a currency agreement, on the basis of which currency transactions are made, which may be aimed at the withdrawal of money from the Republic of Kazakhstan.

      14. A resident, when making a payment and (or) money transfer in the amount equal to fifty thousand US dollars equivalent or higher, that is subject to notification in accordance with article 15 of the Law on currency regulation and currency control, provides information about the currency transaction in the form in accordance with Appendix 2 to Rules, including indicating:

      1) the country of registration of the sender of the money and the beneficiary of the payment document, if these data do not coincide with those indicated in the payment document;

      2) a sign of internal corporate money transfer;

      3) the currency transaction code for which payment and (or) money transfer are made;

      4) information about the sender and (or) the recipient of the money under the currency agreement, in case of discrepancy with the money sender and the beneficiary of the payment document;

      5) the country of registration of the sender of the money and the recipient of the money under the currency agreement, in case of discrepancy with the sender of the money and the beneficiary of the payment document;

      6) the details of the currency agreement and the registration number of the currency agreement (if any).

      For the purpose of indicating the currency transaction code and other information provided for in this paragraph, at the request of an authorized bank, a resident legal entity submits constituent documents.

      15. When making a payment and (or) money transfer in the amount equal to fifty thousand US dollars equivalent or higher, to be notified in accordance with article 15 of the Law on currency regulation and currency control, a non-resident submits to the authorized bank the following information about the currency transaction in the form according to Appendix 2 to the Rules:

      1) the country of registration of the sender of the money and the beneficiary of the payment document, if these data do not coincide with those indicated in the payment document;

      2) the currency transaction code for which the payment and (or) money transfer is made;

      3) a sign of internal corporate money transfer.

      16. The information on the payment and (or) money transfer specified in paragraphs 14 and 15 of the Rules is submitted to the authorized bank by the client or indicated by the authorized bank independently on the basis of the documents and (or) information submitted by the client.

      The authorized bank, as an agent of currency control, checks the correctness of the information submitted by the client and the indication of the currency transaction code based on the submitted currency agreement and corrects, if necessary, the data specified by the client.

Chapter 3. Procedure for purchase and (or) sale of non-cash foreign currency in
domestic foreign exchange market of the Republic of Kazakhstan

      17. Purchase and (or) sale of non-cash foreign currency in the domestic foreign exchange market of the Republic of Kazakhstan through bank accounts in the authorized banks is carried out by residents and non-residents, with the exception of individuals and authorized banks, on the basis of an application for the purchase or sale of non-cash foreign currency.

      The purchase and (or) sale of non-cash foreign currency in the domestic foreign exchange market of the Republic of Kazakhstan through bank accounts in the authorized banks for further internal corporate money transfer is carried out by branches (representative offices) of foreign non-financial organizations (residents and non-residents) on the basis of a document confirming that this money transfer is intra-corporate.

      18. When applying for the purchase of non-cash foreign currency, resident legal entities, with the exception of the authorized banks, indicate the purpose of the purchase of non-cash foreign currency.

      When applying for the purchase or sale of non-cash foreign currency for the national currency through bank accounts in the authorized banks, non-resident legal entities indicate the purpose of the purchase or sale of non-cash foreign currency.

      19. Resident legal entities (with the exception of authorized banks) shall purchase non-cash foreign currency for the national currency in one authorized bank in one working day for the purposes not related to the fulfillment of obligations in foreign currency in the amount not exceeding fifty thousand US dollars in equivalent.

      Purposes not related to the fulfillment of obligations in foreign currency include the transfer of foreign currency to own accounts in foreign banks, gratuitous transfers of money in foreign currency, as well as crediting and (or) transferring foreign currency to own accounts in authorized banks.

      Footnote. Clause 19 - is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 20, 2020 No. 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      20. When making an application for the purchase of non-cash foreign currency for the national currency in the amount exceeding fifty thousand US dollars in equivalent, a resident legal entity (with the exception of an authorized bank) indicates the purpose of the purchase, and also attaches a copy of the currency agreement and an invoice or other payment document to the application, for the performance of which the non-cash foreign currency is purchased. At the same time, an application for the purchase of non-cash foreign currency for the national currency by a resident legal entity (with the exception of an authorized bank) is accompanied by an instruction to the authorized bank, if it is not used within ten working days from the date of purchase for the stated purposes, to sell this currency for the national currency within the next three working days, except for the cases provided for in clause 20-1 of the Rules.

      It is not allowed to use non-cash foreign currency purchased in accordance with this clause of the Rules for the purposes not related to the performance of obligations in foreign currency, except for the case provided for in clause 22 of the Rules.

      If the currency agreement is subject to the requirement to obtain an account number, then a copy of the currency agreement with a mark on assignment of an account number, or a copy of the registration certificate, or a copy of the notification certificate shall be submitted.

      The purchase of non-cash foreign currency for national currency by authorized organizations from an authorized bank shall be carried out on the basis of a valid license for exchange transactions with foreign currency in cash and a valid annex (valid annexes) to it.

      Footnote. Clause 20 – is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 20, 2020 No. 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      20-1. When a resident legal entity (with the exception of an authorized bank) purchases non-cash foreign currency for the purpose of paying net income or a part of it, distributed by this resident legal entity between its shareholders, founders, participants, the authorized bank shall not need to submit the instructions provided for in clause 20 of the Rules.

      When a resident legal entity (with the exception of an authorized bank) purchases non-cash foreign currency in accordance with clause 20 of the Rules for the purpose of repayment of obligations in foreign currency to a non-resident of the Republic of Kazakhstan on received foreign loans, the amount of the foreign currency agreement for which exceeds one hundred million US dollars in equivalent, and bonds issued in foreign currency, the nominal amount, according to the issue prospectus for which exceeds one hundred million US dollars in equivalent, and for which the obligations are performed within ninety calendar days from the date of purchase of non-cash foreign currency, the resident legal entity shall attach an application for opening a separate bank account in the corresponding foreign currency, an instruction to the authorized bank to transfer the purchased non-cash foreign currency to a separate bank account in foreign currency, an instruction to the authorized bank in case of its non-use within ninety calendar days from the date of purchase for the stated purposes to sell this currency for the national currency within the next three working days, as well as the documents confirming the amount and terms of performance of obligations (loan agreement and payment schedule, other documents). The authorized bank transfers the non-cash foreign currency purchased by the resident legal entity to a separate bank account and ensures its use by the resident legal entity exclusively for the stated purposes.

      Footnote. The rules are supplemented with clause 20-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 20, 2020 No. 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      21. When executing an application of a resident legal entity (with the exception of an authorized bank) for the purchase of non-cash foreign currency for national currency for an amount exceeding fifty thousand US dollars in equivalent, the authorized bank shall verify the purchase purposes specified in the application and the amount of foreign currency with the currency agreement, and an invoice or other document for payment confirming the purpose and amount of the purchase of non-cash foreign currency, as well as with the available information about purchases of non-cash foreign currency for national currency previously made in accordance with the Rules on the basis of this currency agreement.

      It is not allowed to exceed the total amount of purchases of non-cash foreign currency for national currency under the currency agreement over the amount of the currency agreement. The total amount of purchases of non-cash foreign currency for national currency under the currency agreement shall be calculated based on the applications of a resident legal entity and (or) information from other authorized banks on purchases of foreign currency made under this currency agreement.

      Footnote. Clause 21 - is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 20, 2020 No. 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      22. It is allowed to use non-cash foreign currency purchased in accordance with clauses 19 and 20 of the Rules for the purposes related to the performance of obligations in foreign currency under another currency agreement, except for the cases provided for in clause 20-1 of the Rules, when a resident legal entity (with the exception of an authorized bank) submits to an authorized bank an additional application issued in accordance with part one of clause 20 of the Rules, to a previously issued application, according to which a non-cash foreign currency was purchased.

      When a resident legal entity (with the exception of an authorized bank) transfers non-cash foreign currency previously purchased in accordance with clause 20 of the Rules to its own account in another authorized bank in order to perform obligations in foreign currency under the currency agreement, the authorized bank simultaneously with the transfer of money shall send information to another authorized bank about previously purchased non-cash foreign currency in accordance with clause 20 of the Rules for further currency control.

      Footnote. Clause 22 - as amended by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 20, 2020 No. 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      23. An authorized bank refuses to execute the application of a resident legal entity (with the exception of an authorized bank) for the purchase of non-cash foreign currency for the national currency, issued in accordance with clauses 19, 20, 20-1 and 22 of the Rules, as well as if:

      the amount of purchases of non-cash foreign currency for the national currency under one currency agreement, calculated on the basis of requests from a resident legal entity and (or) information from other authorized banks on purchases of foreign currency, exceeds the amount of such a currency agreement and an invoice or other document for payment;

      the amount of purchases of non-cash foreign currency for the national currency by one resident legal entity through one authorized bank in one working day for purposes not related to the performance of obligations in foreign currency, calculated on the basis of applications of the resident legal entity, exceeds fifty thousand US dollars in equivalent.

      Footnote. Clause 23 - is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 20, 2020 No. 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 4. Procedure for transactions on a bank account related to the withdrawal, crediting and use of cash foreign currency

      24. Individuals without restriction withdraw (deposit) cash foreign currency from their bank accounts (to their bank accounts) in the authorized banks.

      25. It is allowed for legal entities and branches (representative offices) of foreign organizations to withdraw foreign currency cash from their bank accounts in the authorized bank for the purposes of settlements with individuals in the cases specified in Article 7 of the Law on currency regulation and currency control.

      26. A legal entity or a branch (representative office) of a foreign organization, when withdrawing foreign currency cash from its bank account, for the purpose of a currency transaction to pay the expenses of an individual related to his business trip outside the Republic of Kazakhstan, including hospitality expenses, submits documents to the authorized bank, confirming the purpose of payments made to individuals and containing an indication of the amount of withdrawn foreign currency cash. As such documents, it is allowed to submit an order, an instruction, a decision, and estimate of travel expenses.

      In case of withdrawing foreign currency cash for the purpose of a currency transaction to pay the expenses of an individual related to his business trip outside the Republic of Kazakhstan, including hospitality expenses, using a corporate payment card, these documents are submitted to the authorized bank within thirty working days from the day of such withdrawal.

      27. If foreign currency cash withdrawn for the purpose of a currency transaction to pay an individual’s expenses related to his business trip outside the Republic of Kazakhstan, including hospitality expenses, was not used (in whole or in part) for these purposes, the unused foreign currency cash shall be credited to the bank account of a legal entity or branch (representative office) of a foreign organization in an authorized bank within ten working days from the date of expiration of the period for the secondment of the individual.

      When crediting foreign currency cash to the bank account in an authorized bank, a legal entity or branch (representative office) of a foreign organization indicates in the cash receipt order the reason for receiving foreign currency cash.

      28. The authorized bank, in accordance with paragraph 8 of the Rules, informs the National Bank of the fact of crediting foreign currency cash to the bank account of a legal entity or branch (representative office) of a foreign organization, with the exception of crediting foreign currency cash in cases provided for in article 7 of the Law on currency regulation and currency control.

      29. Paragraphs 25, 26, 27 of the Rules do not apply to diplomatic and equivalent missions, consular institutions of foreign states accredited in the Republic of Kazakhstan.

  Appendix 1
  to the Rules for implementation
  of currency transactions
  in the Republic of Kazakhstan

Form designed to collect administrative data

      Submitted: to the National Bank of the Republic of Kazakhstan

      The form of administrative data is available on the official Internet resource: www.nationalbank.kz

Violation card No. _______

      Footnote. Appendix 1 is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 No. 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      Index of administrative data form: KN1

      Periodicity: monthly

      Reporting period: for ________ month ________ year

      Circle of persons submitting information: an authorized bank

      Deadline for submission: monthly, by the last day of the month following the reporting one

      Form

Line code

Type of information

Information on violation

10

Information about the bank's client:


11

name (for legal entities or branches (representative offices) of legal entities), organizational-legal form (if any), surname, name, patronymic (if any) (for individuals)


12

BIN (for legal entities or branches (representative offices) of legal entities)


13

IIN (for individuals)


14

client’s attribute:
1 - legal entity, 2 - individual,
3 - branch (representative office) of a legal entity


15

place of permanent residence (location)


16

area code


20

Information on currency transactions:


21

date


22

sum


23

currency


30

Violation information:


31

type


32

description of the violation


33

number of the currency contract (indicated without spaces)


34

date of the currency contract (in the format DD/MM/YYYY)


35

registration number (if any)


36

other information on the currency contract (if any)


37

additional information about the violation


      Name _____________________________________________________________

      Address ____________________________________________________________________

      Telephone __________________________________________________________________

      E-mail address ___________________________________________________

      Contractor ____________________________________________________________

      surname, name and patronymic (if any) signature, phone number

      Head or a person acting his/her duties

      _________________________________________________ ________________________

      surname, name and patronymic (if any) signature, phone number

      Date "____" ______________ 20__

  Appendix
  to the form
  "Violation Card"

Explanation for filling out the form of administrative data Violation card (index - KN1, periodicity - monthly)

Chapter 1. General provisions

      1. This explanation determines the requirements for filling out the form for collecting administrative data "Violation card" (hereinafter - the Form).

      2. The form was developed in accordance with paragraph 6 of Article 5 of the Law of the Republic of Kazakhstan "On currency regulation and currency control".

Chapter 2 Filling out the Form

      3. Information is provided in the cases specified in paragraph 8 of the Rules.

      4. The line with code 11 shall indicate the surname, name, patronymic (if any) of an individual; name of the legal entity or branch (representative office) of the legal entity; legal form (if any).

      5. In the line with code 16, the first 2 digits of the region code are indicated according to the state classifier of the Republic of Kazakhstan GK RK 11 "Classifier of administrative-territorial objects".

      6. Lines with codes 21, 22 and 23 are not filled in for cases of violation of the deadlines for submission of documents or information.

      8. The line with code 22 shall indicate the amount of the currency transaction carried out in violation of the currency legislation, in thousands of units of the currency of the transaction.

      9. In the line with code 23, the letter designation of the currency code for a currency transaction carried out in violation of the currency legislation is indicated in accordance with the national classifier of the Republic of Kazakhstan NC RK 07 ISO 4217 "Codes for designating currencies and funds".

      10. Line with code 31 indicates the type of violation in text and (or) numeric format.

      11. Line with code 32 contains a brief description of the violation in text format.

      12. Lines with codes 34, 35 and 36 are filled in if there is a currency contract for a currency transaction carried out in violation of currency legislation.

  Appendix 2
  to the Rules for implementation
  of currency transactions
  in the Republic of Kazakhstan
  Form

Information about the currency transaction

      Footnote. Appendix 2 is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 No. 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      Code of the authorized bank __________________

      Number of payment document _________________

      Date __________________

Line code

Type of information

Information

01

Code of currency transaction


02

Sign of payment (money transfer) ("1" - intracorporate money transfer; "0" - other payment (money transfer)


10

Information about the sender and beneficiary of the payment and (or) money transfer specified in the payment document


11

Code of the country of residence of the sender


12

Code of the country of residence of the beneficiary


20

Information about the currency contract:


21

Number (name, if any) of the contract


22

Date of the contract


23

Registration number of the contract (if any)


24

Other information on the currency contract (if any)


30

Information about the sender of money under the currency contract (filled in in case of a discrepancy with the sender of money specified in the payment document)


31

Sign of residency


32

Surname, name, patronymic (if any) of an individual Name of a legal entity, its branch (representative office)


33

IIN or BIN (if any)


34

Code of economy sector


35

Code of residence country


40

Information about the recipient of money under the currency contract (filled in in case of discrepancy with the beneficiary specified in the payment document)


41

Sign of residency


42

Surname, name, patronymic (if any) of an individual. Name of the legal entity, its branch (representative office)


43

IIN or BIN (if any)


44

Code of economy sector


45

Code of residence country


  Appendix
  to the form "Information
  about currency transactions"

Explanation on filling out the form "Information about currency transactions"

Chapter 1. General provisions

      1. This Explanation (hereinafter - the Explanation) shall determine the requirements for filling in the form “Information about currency transactions” (hereinafter- the Form).

      2. The form was developed in accordance with paragraph 6 of Article 5 of the Law of the Republic of Kazakhstan "On currency regulation and currency control".

      3. The form is filled out as an appendix to the relevant payment document.

Chapter 2 Filling out the Form

      4. Lines 01, 02, 11 and 12 are filled in by resident and non-resident clients. Lines 21, 22, 23, 24, 31, 32, 33, 34, 35, 41, 42, 43, 44 and 45 are filled in only by residents.

      5. Line 01 is filled in in accordance with the table of currency operation codes, which is an appendix to the Explanation.

      6. Lines 11, 12, 35 and 45 indicate the two-digit code of the country of residence in accordance with the national classifier of the Republic of Kazakhstan NC RK 06 ISO 3166-1 “Codes for representing the names of countries and units of their administrative-territorial divisions. Part 1. Country codes”.

      Country of residence - the country of registration of a legal entity, a structural subdivision of a legal entity or a country of permanent residence of an individual (on the basis of citizenship or a right granted in accordance with the legislation of the Republic of Kazakhstan or a foreign state).

      7. Lines 31, 34, 41 and 44 are filled in in accordance with the Rules for the application of codes of sectors of the economy and the purpose of payments, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 203 "On approval of the Rules for the application of codes of sectors of the economy and the purpose of payments", registered in the Register of state registration of regulatory legal acts under No. 14365.

  Appendix
  to the explanation on filling out the form
  "Information about currency transactions"

Table Codes of currency transactions

Codes of currency transactions

Name of transactions

1. Operations using bank accounts

11. Foreign trade operations (goods, works, services), including under commission agreements and purchase/redemption of electronic money

11.1payments for goods:

1111

payments for goods imported into the territory of the Republic of Kazakhstan

1112

payments for goods exported from the territory of the Republic of Kazakhstan

1113

payments for goods purchased or sold on the territory of the Republic of Kazakhstan and without their export outside the Republic of Kazakhstan

1114

payments for goods purchased or sold outside the Republic of Kazakhstan and without their import into the territory of the Republic of Kazakhstan

11.2 payments for works and services:

1121

payments for works or services performed or rendered by a non-resident to a resident

1122

payments for works or services performed or rendered by a resident to a non-resident

1123

payments for works or services rendered by a resident to a resident.

1124

payments for works or services performed or rendered by a non-resident to a non-resident

11.3 transactions with electronic money

1131

transactions with electronic money, the issuer of which is a resident

1132

transactions with electronic money, the issuer of which is a non-resident

11.4 other payments:

1141

related payments under contracts for the supply of goods, performance of works, provision of services

1142

refund of erroneously transferred amounts, as well as payment for non-presented goods, non-rendered services, unperformed works

1143

other payments under contracts for the supply of goods, performance of works, provision of services

12. Transactions with real estate, other equipment and vehicles (except for purchase or sale), non-produced non-financial assets, intellectual property, intangible assets

12.1. acquisition of property rights, including equity participation in housing construction, fully exclusive rights to intellectual property

1211

acquisition of ownership of real estate, with the exception of property equated to real estate, non-produced non-financial assets (land, its subsoil)

1212

acquisition of ownership of property equated to real estate

1213

acquisition of a fully exclusive right to intellectual property

1214

acquisition of ownership of other intangible assets

12.2. current lease (including the right to subsoil use), partial acquisition of an exclusive right

1221

lease of real estate, except for property equivalent to real estate, non-produced non-financial assets (land, its subsoil)

1222

lease of property equivalent to real estate

1223

rental of equipment and vehicles

1224

acquisition of a partially exclusive right to intellectual property

1225

license and other payments for the use of other intangible assets

12.3. financial leasing or lease with subsequent purchase

1231

rental of real estate, with the exception of property equated to real estate, with subsequent redemption

1232

financial leasing of property equivalent to real estate

1233

financial leasing of equipment and vehicles

12.4. other payments:

124.1

other payments: related payments (fines, penalties, forfeits, commissions), return of erroneously transferred amounts and other payments for transactions with real estate, other equipment and vehicles (except for purchase or sale), non-produced non-financial assets, intellectual property, intangible assets

13. Transactions with financial instruments

13.1. loans, equity instruments, securities, derivative financial instruments

1311

payments on financial instruments: loans (issuance and redemption), equity instruments (formation of authorized capital, purchase, sale), securities (purchase, sale, redemption) and payment of income on them (remuneration, dividends, distributed profit)

1312

payments on derivative financial instruments and payment of income on them

13.2. within the framework of agreements for brokerage services, investment portfolio management (if it is not possible to determine the financial instrument)

1321

transactions under agreements concluded with a broker, a resident management company

1322

transactions under agreements concluded with a broker, management company, investment bank - non-resident

13.3. trust management of property, trusts

1331

transactions under agreements concluded with a resident trustee

1332

transactions under agreements concluded with a non-resident trustee

13.4. fulfillment of the obligations of a participant in a joint activity (with the exception of transactions included in sections 1, 2)

1341

transactions under agreements providing for the implementation of joint activities on the territory of the Republic of Kazakhstan

1342

transactions under agreements providing for the implementation of joint activities outside the Republic of Kazakhstan

13.5. oher payments:

1351

other payments: related payments (fines, penalties, forfeits, commissions), return of erroneously transferred amounts and other payments for operations with financial instruments, electronic money, under brokerage agreements, investment portfolio management, trust management, trust, joint activities

14. Payments and (or) money transfers on own accounts and non-trading transactions

14.1. on own accounts

1411

money transfer to own account (from own account) in another resident bank

1412

transfer of money from (to) own (own) account (account) in a foreign bank

1413

withdrawal of cash foreign currency from an account in a resident bank

1414

depositing foreign currency in cash to replenish an account with a resident bank

1415

purchase of foreign currency by the bank from the client for the national currency, except for the operation provided for by code 1419

1416

sale by a bank of foreign currency to a client for national currency

1417

purchase (sale) by a bank of foreign currency from a client (client) for another foreign currency

1418

purchase/sale of other currency values

1419

sale by the client of previously purchased and unused foreign currency within the established time limits

14.2. payments and (or) money transfers in favour of third parties (state bodies, other organizations or individuals)

1421

gratuitous money transfers, gratuitous financial assistance, membership fees and other payments and (or) money transfers in favour of third parties

1422

depositing foreign currency in cash to replenish the account of a third party in a resident bank

1423

payments using a payment card (unless the transaction is otherwise classified)

1424

payment of duties, taxes, fines, judgments, etc.

1425

payment of pensions, wages, travel expenses

1426

remuneration and commissions on bank accounts

14.3. related payments

1431

other payments: related payments (fines, penalties, forfeits, commissions), return of erroneously transferred amounts and other operations not included in sections 14.1, 14.2

2. Transactions without using bank accounts

21.Purchase of currency values from clients (excluding cash foreign currency)

2101

purchase of checks, bills of exchange, other payment documents

2102

purchase of minted bars from refined gold and other currency values

22. Sale of currency values to clients (excluding cash foreign currency)

2201

sale of checks, bills of exchange, other payment documents

2202

sale of minted bars from refined gold and other currency values

23. Payments and (or) money transfers without opening an account

2301

payment and (or) money transfer on the territory of the Republic of Kazakhstan

2302

payment and (or) money transfer sent outside the Republic of Kazakhstan or received from abroad

  Supplement to the resolution of the
Board of the National Bank of the
Republic of Kazakhstan
dated March 30, 2019 № 40

The list of regulatory legal acts of the Republic of Kazakhstan, as well as a structural element
of a regulatory legal act of the Republic of Kazakhstan, recognized as invalid

      1. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 28, 2012 No. 154 “On approval of the Rules for currency transactions in the Republic of Kazakhstan” (registered in the Register of state registration of regulatory legal acts under No. 7701, published on August 25, 2012 in the newspaper “Kazakhstanskaya Pravda” No. 286-287 (27105-27106).

      2. Paragraph 34 of the List of regulatory legal acts of the Republic of Kazakhstan, amended, approved by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 26, 2013 No. 110 “On amendments to some regulatory legal acts of the Republic of Kazakhstan” (registered in the Register of state registration of regulatory legal acts under No. 8505, published on August 6, 2013 in the newspaper Yuridicheskaya Gazeta No. 115 (2490).

      3. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 16, 2015 No. 32 “On amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 28, 2012 No. 154 “On approval of the Rules for currency transactions in the Republic of Kazakhstan” (registered in the Register of the state registration of regulatory legal acts under No. 10777, published on April 30, 2015 in the information and legal system "Adilet").

      4. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 31, 2015 No. 264 “On amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 28, 2012 No. 154 “On approval of the Rules for currency transactions in the Republic of Kazakhstan” (registered in the Register of the state registration of regulatory legal acts under No. 13580, published on May 16, 2016 in the legal information system "Adilet").

      5. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 22, 2017 No. 250 “On amending the resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 28, 2012 No. 154 “On approval of the Rules for currency transactions in the Republic of Kazakhstan” (registered in the Register of the state registration of regulatory legal acts under No. 16537, published on March 19, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).