Newspaper "Liter" 31 may 2016, "the Committee on financial monitoring improves the legislation,"
June 1, 2016, 18:15
The order of fight against money laundering and financing of terrorism is based on 40 Recommendations, offered by the Financial Action Task Force on Money Laundering (FATF).
The FATF Recommendations set out a comprehensive and consistent framework of measures which should be used by the countries for differentiation of the volume of taken steps depending on the type and level of risk associated with its different factors.
Implementation of the FATF standards is a compulsory condition for any country - member of the UN in accordance with the resolution № 1617 of the Security Council.
To get out of the first round of the assessments of compliance with the legal and institutional system of combating money laundering and financing of terrorism, the Committee on Financial Monitoring of the Ministry of Finance RK carries out the work on bringing the national legislation into line with the international standards.
The committee has developed a law of the Republic of Kazakhstan "On counteraction to money laundering and terrorism financing» № 191-IV from August 28, 2009. This Law defines the legal basis for combating legalization (laundering) of illegally gained income and financing of terrorism, legal relations of financial monitoring entities, authorized body and other governmental agencies of the Republic of Kazakhstan in this sphere.
Some laws and subordinate normative legal acts came into force from 2011 to 2016 in order to improve the national system of combating money laundering and financing of terrorism. For example, the Law of the Republic of Kazakhstan from August 2, 2015 № 343-V LRK " On amendments and additions to some legislative acts of the Republic of Kazakhstan concerning counteraction to legalization (laundering) of proceeds of crime and terrorist financing " expands the list of subjects of financial monitoring (5 new subjects of financial monitoring). They are individual entrepreneurs and legal entities engaged in leasing activities as a finance lessor without a license, pawn offices, individual entrepreneurs and legal entities engaged in transactions with precious metals and precious stones, jewelry made of them, individual entrepreneurs and legal entities rendering intermediary services in purchase and sale of real estate and operators of acceptance of payments.
The Law AML/CFT provides for the following types operations: transactions that exceed the threshold amount, suspicious transactions and coincidence with the list of the organizations and individuals associated with financing of terrorism and extremism.
Information about financial transactions is received in accordance with the decision of the Government of the Republic of Kazakhstan № 1484 from November 23, 2012 "On approval of the rules of submission of information by the subjects of financial monitoring, information of transactions, subject to financial monitoring and suspicious transactions". These rules establish a uniform procedure for submission of information about operations, subject to financial monitoring by the subjects of financial monitoring.
Information is received only in electronic form, except for lawyers and other independent legal specialists - in cases when they are on behalf of a client take part in transactions with money and (or) other property.
It should be noted that paragraph 3 of the article 3 sets up a list of the subjects, who must send information about start and stopping the activity to the authorized agency according to the procedure, established by the Law of the Republic of Kazakhstan "On permissions and notifications".
Financial Monitoring Committee is ready to render all possible assistance to the subjects of financial monitoring to explain application of the provisions of the national legislation, taking into account the latest changes and additions.
You can learn more information on the official website of the committee (www.kfm.gov.kz) in the section "Help to financial monitoring entities". There are instructions and recommendations, answers to the questions of the subjects of financial monitoring and support service of the Committee on Financial Monitoring.
Syzdykov E. A.,
The main expert of management of F1
Of the Committee on financial
monitoring MF RK