On amnesty for citizens of the Republic of Kazakhstan in connection with the legalization of money by them

The Law of the Republic of Kazakhstan dated April 2, 2001, N 173.

      Unofficial translation

      This Law, in order to attract additional financial resources to the economy of Kazakhstan, shall regulate the conduct by the state of an exceptional one-time campaign to legalize money of citizens of the Republic of Kazakhstan who have previously been withdrawn from legal economic turnover and have not been declared, by exempting from taxation and liability persons who have committed certain violations in the field of the economy.

Article 1

      1. This Law shall apply to citizens of the Republic of Kazakhstan who shall transfer money to special accounts without the right to dispose of them for the period of legalization to second-tier banks included in the system of collective guarantee (insurance) of deposits (deposits), by depositing cash in national or foreign currency, as well as transferring their own money from personal accounts in foreign banks. The list of foreign currency shall be determined by the National Bank of the Republic of Kazakhstan.

      2. The period of money legalization shall be thirty calendar days during 2001. Starting date of the period shall be determined by the Decree of the President of the Republic of Kazakhstan.

      Footnote. As amended by the Article 1 – Law of the RK dated June 29, 2001, N 218.

Article 2

      This Law shall not apply to cases of legalization of money received as a result of corruption offenses, crimes against the person, peace and security of mankind, the foundations of the constitutional order and security of the state, property, interests of state service, public safety and public order, public health and morals, as well as money belonging to other persons or received as loans.

Article 3

      1. Information on the availability of special accounts and the amount of money on them shall not be subject to disclosure.

      2. The availability of a special account cannot be the basis for any legal proceedings, including criminal proceedings or administrative penalties.

      3. In the event of the entry into force of legal decisions (sentences) providing for the confiscation of property of citizens amnestied in accordance with this Law, money presented for legalization shall be seized into state ownership in the procedure prescribed by the legislation of the Republic of Kazakhstan.

 Article 4

      The disposal of money received in a special account in national and (or) foreign currency may be carried out by a citizen (depositor) the day after the end of the legalization period.

Article 5

      To the persons specified in Article 1 of this Law, the bank of the second-tier bank of the Republic of Kazakhstan, to whose special accounts the money have been deposited, issues an official document indicating the amount paid and the date of deposit. The peculiarities of opening and maintaining special accounts, the form and procedure for issuing an official document, keeping records of money held in special accounts shall be determined by the regulatory legal act of the National Bank of the Republic of Kazakhstan.

Article 6

      Amounts deposited into special accounts in banks of the second-tier banks of the Republic of Kazakhstan by persons specified in Article 1 of this Law shall not be included in taxable income.

Article 7

      Persons referred to in Article 1 of this Law shall be exempted from criminal liability for the commission of crimes under Articles 190 to 192, 221 of the Criminal Code of the Republic of Kazakhstan before the start of legalization in accordance with Article 1 of this Law.

Article 8

      The persons referred to in Article 1 of this Law shall be exempted from administrative liability for the commission of administrative offences in accordance with Article 1 of this Law, provided for in Articles 137, 143, 154, 205 to 209 of the Code of Administrative Offences.

Article 9

      Articles 6, 7 and 8 shall not apply to persons against whom, in accordance with Article 1 of this Law, criminal proceedings and administrative proceedings have been initiated prior to the legalization of money, as well as to convicted persons and persons subject to administrative penalties.

Article 10

      In case of non-fulfillment or improper execution of this Law, the relevant officials and persons performing managerial functions in second-tier banks shall bear the responsibility established by legislative acts of the Republic of Kazakhstan.

      President
of the Republic of Kazakhstan