Rule · NBK · 31 Dec 2003
Organizations storing the base asset of digital financial assets must submit reporting to the National Bank of Kazakhstan, including forms, frequency, and deadlines. The National Bank of Kazakhstan must ensure payment system functioning, currency control, and statistical activities, while prohibiting contractual relations for its own duties. It may set thresholds for non-cash foreign currency purchases and issue or revoke licenses. This Decree replaces prior regulations and enters into force on January 1, 2004.
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Document: DECREE OF THE PRESIDENT OF RK DATED 31.12.2003 NO. 1271 Document Status: In Force
Decree of the President of the Republic of Kazakhstan dated December 31, 2003 No. 1271 On Approval of the Regulation and Structure of the National Bank of the Republic of Kazakhstan
In accordance with Article 20 of the Constitutional Law of the Republic of Kazakhstan "On the President of the Republic of Kazakhstan", I HEREBY ORDER:
Approve the following attached documents:
1) The Regulation on the National Bank of the Republic of Kazakhstan;
2) The structure of the National Bank of the Republic of Kazakhstan.
Approve the total staff strength of the National Bank of the Republic of Kazakhstan, including the central apparatus, its branches and representative offices, at 2,161 positions.
Recognize as having lost force certain Decrees of the President of the Republic of Kazakhstan according to the attached list.
This Decree enters into force from January 1, 2004.
President
Republic of Kazakhstan N. Nazarbayev
APPROVED
By Decree of the President of the Republic of Kazakhstan dated December 31, 2003 No. 1271
REGULATION on the National Bank of the Republic of Kazakhstan
Chapter 1. General Provisions
The National Bank of Kazakhstan is the central bank of the Republic of Kazakhstan and represents the upper (first) level of the banking system of the Republic of Kazakhstan.
2-1. Full name of the National Bank of Kazakhstan:
1) in the state language: «Қазақстан Республикасының Ұлттық Банкі» республикалық мемлекеттік мекемесі;
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Document: DECREE OF THE PRESIDENT OF RK DATED 31.12.2003 NO. 1271 Document Status: In Force
2) in Russian: Republican state institution "National Bank of the Republic of Kazakhstan";
3) in English: Republican state institution "National Bank of the Republic of Kazakhstan".
The National Bank of Kazakhstan together with its branches, representative offices, republican state enterprises (hereinafter - organizations of the National Bank of Kazakhstan) forms a single centralized structure in a scheme of direct subordination.
Branches of the National Bank of Kazakhstan (hereinafter - branch) are opened by decision of the Board of Directors of the National Bank of Kazakhstan, are accountable to it and carry out their activities within the powers established by the National Bank of Kazakhstan.
The structure of the branch, approved by the Board of Directors of the National Bank of Kazakhstan, may include departments and other subdivisions, the legal status and powers of which are determined by the Regulation on the Branch of the National Bank of Kazakhstan.
In its activities, the branch is guided by the normative legal acts of the Republic of Kazakhstan, resolutions of the Board, the Committee on Monetary Policy and the Board of Directors of the National Bank of Kazakhstan, orders and directives of the National Bank of Kazakhstan, this Regulation and the Regulation on the Branch of the National Bank of Kazakhstan.
The procedure for opening and closing a branch, its powers, tasks and functions are determined by the Regulation on the Branch of the National Bank of Kazakhstan and normative legal acts of the Republic of Kazakhstan.
Management of the branch's activities is carried out by its Director, who is appointed to the position (dismissed from the position) by the Chairman of the National Bank of Kazakhstan.
The Branch Director carries out his activities based on the Regulation on the Branch and the power of attorney of the National Bank of Kazakhstan.
Representative offices of the National Bank of Kazakhstan are opened by decision of the Board of Directors of the National Bank of Kazakhstan both within the territory of the Republic of Kazakhstan and outside it, and carry out protection and representation of the interests of the National Bank of Kazakhstan within the powers established by the National Bank of Kazakhstan.
The procedure for opening and closing representative offices, their powers and legal status are determined by the Regulations on the Representative Offices of the National Bank of Kazakhstan.
Management of the representative office's activities is carried out by the Head of the Representative Office, who is appointed to the position (dismissed from the position) by the Chairman of the National Bank of Kazakhstan.
The Head of the Representative Office carries out his activities based on the Regulation on the Representative Office and the power of attorney of the National Bank of Kazakhstan.
Other issues related to the internal activities of the National Bank of Kazakhstan are established by the Rules of Work of the National Bank of Kazakhstan, regulations on structural subdivisions and other legal acts of the National Bank of Kazakhstan.
Organizations of the National Bank of Kazakhstan are republican legal entities, created in the form of republican state enterprises, subject to state registration in the manner established by the legislation of the Republic of Kazakhstan and included in the single centralized structure of the National Bank of Kazakhstan.
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Document: DECREE OF THE PRESIDENT OF RK DATED 31.12.2003 NO. 1271 Document Status: In Force
With respect to the organizations created by it, the National Bank of Kazakhstan is their founder and authorized state body exercising functions of the subject of rights of republican property, including powers to regulate their activities and make decisions on changing the legal status of these organizations.
The National Bank of Kazakhstan independently determines the subject and goals of activities of the organizations created by it, as well as their type (on the right of economic management or operational management), approves their charters, amendments and additions to them.
A decision on the creation, reorganization, change of name, increase or decrease in charter capital, liquidation and alienation of organizations of the National Bank of Kazakhstan is made by the Board of Directors of the National Bank of Kazakhstan.
The procedure for creation, reorganization, liquidation, subject and goals of activities, legal status and charter competence of organizations of the National Bank of Kazakhstan and their bodies are determined by the legislation of the Republic of Kazakhstan, charters of organizations, this Regulation and legal acts of the National Bank of Kazakhstan.
Management of the activities of organizations of the National Bank of Kazakhstan is carried out by its head, who is appointed to the position (dismissed from the position) by the Chairman of the National Bank of Kazakhstan.
The charter of organizations of the National Bank of Kazakhstan is approved by the Board of Directors of the National Bank of Kazakhstan.
Branches, representative offices and organizations of the National Bank of Kazakhstan have their own seal and forms of established sample.
The National Bank of Kazakhstan enters into civil-law relations in its own name.
The National Bank of Kazakhstan has the right to act as a party to civil-law relations on behalf of the state if it is authorized to do so in accordance with the legislation of the Republic of Kazakhstan.
The National Bank of Kazakhstan, on issues within its competence, in the manner established by the legislation of the Republic of Kazakhstan, makes decisions documented by orders of the Chairman of the National Bank of Kazakhstan, resolutions of the Board, the Committee on Monetary Policy, the Board of Directors of the National Bank of Kazakhstan and other acts provided for by the legislation of the Republic of Kazakhstan.
The structure and total staff strength of the National Bank of Kazakhstan are approved by the President of the Republic of Kazakhstan.
Location of the central apparatus of the National Bank of Kazakhstan: Republic of Kazakhstan, Z00A9G3, Astana city, Esil district, Mangilik El avenue, building 64.
The Regulation is the founding document of the National Bank of Kazakhstan.
Financing of the activities of the National Bank of Kazakhstan is carried out from the budget (expense estimate) of the National Bank of Kazakhstan.
The National Bank of Kazakhstan is prohibited from entering into contractual relations with subjects of entrepreneurship regarding the performance of duties that are powers of the National Bank of Kazakhstan, except for cases established by legislative acts of the Republic of Kazakhstan and this Regulation.
The National Bank of Kazakhstan has the right to carry out banking operations and other services on a paid basis. Types and sizes of fees for services provided by it are determined by the National Bank of Kazakhstan independently.
The National Bank of Kazakhstan does not charge fees for banking and other services provided to the Government of the Republic of Kazakhstan and the central authorized body for budget execution, except for services for managing assets of the National Fund of the Republic of Kazakhstan, assets of other funds and organizations.
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Document: DECREE OF THE PRESIDENT OF RK DATED 31.12.2003 NO. 1271 Document Status: In Force
Chapter 2. Tasks and Powers of the National Bank of Kazakhstan
Tasks:
1) development and implementation of monetary policy;
2) ensuring the functioning of payment systems;
3) carrying out currency regulation and currency control;
4) contributing to ensuring the stability of the financial system;
5) carrying out statistical activities in the field of monetary statistics, financial market statistics and external sector statistics;
6) other tasks in accordance with the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Powers:
1) rights:
to develop and adopt within its competence normative legal acts mandatory for execution by financial organizations, other physical and legal persons on the territory of the Republic of Kazakhstan; to request and receive free of charge from any physical and legal persons, branches of banks - non-residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations - non-residents of the Republic of Kazakhstan, branches of insurance brokers - non-residents of the Republic of Kazakhstan, branches (representative offices) of foreign non-financial organizations carrying out activities in the Republic of Kazakhstan, as well as state bodies the necessary information, including information constituting official, commercial, banking and other secrets protected by law; to conduct inspections and other forms of control and supervision within the powers established by the legislation of the Republic of Kazakhstan; to adopt normative and non-normative legal acts regulating the internal activities of the National Bank of Kazakhstan, as well as relations related to the activities of legal entities with respect to which it is a founder (authorized body) or shareholder; to exercise other rights provided for by the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" (hereinafter - the Law on the National Bank), other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;
2) obligations:
to develop and implement monetary policy; to contribute to ensuring the stability of the financial system; to carry out statistical activities in the field of monetary statistics, financial market statistics and external sector statistics; to carry out internal audit and inspection of the activities of subdivisions of the central apparatus, branches, representative offices and organizations of the National Bank of Kazakhstan, as well as joint-stock companies of which the National Bank of Kazakhstan is the sole shareholder; others obligations provided for by the Law on the National Bank, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
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Document: DECREE OF THE PRESIDENT OF RK DATED 31.12.2003 NO. 1271 Document Status: In Force
3) is the sole issuer of banknotes and coins of the national currency of the Republic of Kazakhstan and organizes cash money circulation on the territory of the Republic of Kazakhstan;
3-1) is the sole issuer of digital tenge;
3-2) ensures the functioning of the National Digital Financial Infrastructure;
4) determines the procedure for replacing banknotes of the national currency of the Republic of Kazakhstan in circulation upon changes to their design (form);
5) determines the procedure for conducting cash operations with physical and legal persons at the National Bank of Kazakhstan;
6) ensures the organization and functioning of payment systems;
6-1) carries out regulation and oversight of payment systems, regulation of the payment services market, control and supervision over it, as well as regulation of payments and/or money transfers in accordance with the laws of the Republic of Kazakhstan;
7) participates in ensuring the transportation, storage and collection of banknotes, coins and valuables, creates reserve state funds of banknotes, coins and valuables;
8) carries out control and supervision over compliance with requirements for the arrangement of premises by legal entities carrying out activities exclusively through exchange points based on a license of the National Bank of Kazakhstan for exchange operations with foreign currency cash, and by legal entities whose exclusive activity is the collection of banknotes, coins and valuables;
9) regulates and carries out oversight of the interbank money transfer system, the interbank clearing system and other payment systems ensuring the conduct of money transfers between users in Kazakhstani tenge;
10) for the purpose of ordering payments and money transfers, establishes with the agreement of the Government of the Republic of Kazakhstan the priority of payments from bank accounts carried out by banks, organizations carrying out certain types of banking operations, branches of banks - non-residents of the Republic of Kazakhstan and subjects of entrepreneurial activity, unless otherwise provided by the laws of the Republic of Kazakhstan;
11) carries out currency regulation and currency control in the Republic of Kazakhstan;
12) establishes qualification requirements imposed on legal entities whose exclusive activity is the collection of banknotes, coins and valuables, which include requirements for the organizational-legal form, requirements for founders (participants), including disclosure of sources of origin of their contributions to charter capital, requirements for the size and procedure for forming charter capital, as well as for premises, technical means, equipment and employees of legal entities whose exclusive activity is the collection of banknotes, coins and valuables;
13) determines the procedure for organizing security and arrangement of premises of second-level banks, branches of banks - non-residents of the Republic of Kazakhstan, organizations carrying out certain types of banking operations;
14) determines the procedure for conducting cash operations and operations for collection of banknotes, coins and valuables, including the organization of automobile collection transportation, in second-level banks, branches of banks - non-residents of the Republic of Kazakhstan, organizations carrying out certain types of banking operations;
15) jointly with other authorized state bodies of the Republic of Kazakhstan carries out regulation of withdrawal of cash money from bank accounts by subjects of entrepreneurship;
16) during the introduction of a state of emergency for the purpose of ensuring economic security and stability of the financial system of the Republic of Kazakhstan, in accordance with acts of the President of the Republic of Kazakhstan, has the right to introduce a special regulatory regime providing for a special order and conditions for providing payment services by financial organizations, payment system operators, payment organizations, including regulation of commissions applied by them;
17) ensures management of assets in foreign currency, precious metals and digital assets;
18) implements the state's preemptive right to acquire refined gold to replenish assets in precious metals;
19) carries out, in cases provided for by the legislation of the Republic of Kazakhstan, control testing of samples (specimens) of precious metals and raw materials containing precious metals;
20) carries out storage and testing of precious metals, except for products made from them, and samples (specimens) of raw materials containing precious metals, owned by financial organizations and other persons having the right to carry out export-import operations with precious metals and raw materials containing precious metals;
21) in cases provided for by the legislation of the Republic of Kazakhstan, carries out transportation, receipt, accounting, storage of precious metals, precious stones and products made from them, transferred (received) into the ownership of the state on specific grounds;
22) independently and/or jointly with other state bodies of the Republic of Kazakhstan within their competence carries out regulation of systemic risks;
23) carries out interaction with the authorized body for regulation, control and supervision of the financial market and financial organizations:
on issues of stability of the financial system of the Republic of Kazakhstan; through information exchange within the framework of powers established by the laws of the Republic of Kazakhstan for the National Bank of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations, including through mutual access to digital systems, including digital systems created on the digital infrastructure of the National Bank of Kazakhstan and/or its subsidiary;
24) provides the authorized body for regulation, control and supervision of the financial market and financial organizations with administrative data necessary for the implementation of its powers for regulation, control and supervision of the financial market and financial organizations, including information and data constituting official, commercial, banking and other secrets protected by law, including by ensuring access of the authorized body for regulation, control and supervision of the financial market and financial organizations to digital systems of the National Bank of Kazakhstan;
25) carries out the functions of the working body of the Council on Financial Stability of the Republic of Kazakhstan, forms within its competence proposals on issues relating to the functions of the Council on Financial Stability of the Republic of Kazakhstan;
26) for the purpose of contributing to ensuring the stability of the financial system:
carries out regular monitoring of macroeconomic and macrofinancial factors affecting the stability of the financial system; forms macroprudential policy; provides lender-of-last-resort loans in the manner and on conditions provided for by the Law on the National Bank and the joint normative legal act of the National Bank of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations;
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Document: DECREE OF THE PRESIDENT OF RK OF 31.12.2003 NO. 1271 Document Status: Valid carry out operations with derivative financial instruments with second-tier banks in the manner, on conditions, and within timeframes established by the Board of the National Bank of Kazakhstan;
27) provide loans in accordance with the legislation of the Republic of Kazakhstan;
28) develop statistical methodology, form and disseminate statistical information on monetary statistics, financial market statistics, and external sector statistics (balance of payments, international investment position, and external debt);
29) develop statistical forms for external sector statistics, conduct departmental statistical observations in accordance with the plan of statistical works; as well as within its competence, exercise control in the field of state statistics;
30) collect and process administrative data (financial and other reporting) on issues of currency regulation and currency control, monetary statistics, cash circulation, payments and payment systems, regulation, control and supervision of the financial market and financial organizations, and in the field of financial legislation of the Republic of Kazakhstan, and determine the procedure for their submission;
31) within its competence, regulate the financial market and financial organizations, branches of banks - non-residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations - non-residents of the Republic of Kazakhstan, branches of insurance brokers - non-residents of the Republic of Kazakhstan, and other persons, as well as exercise control and supervision over the financial market and financial organizations, branches of banks - non-residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations - non-residents of the Republic of Kazakhstan, branches of insurance brokers - non-residents of the Republic of Kazakhstan, and in the field of financial legislation of the Republic of Kazakhstan in accordance with the Law on the National Bank, the Law of the Republic of Kazakhstan "On State Regulation, Control and Supervision of the Financial Market and Financial Organizations", other laws of the Republic of Kazakhstan, and acts of the President of the Republic of Kazakhstan;
32) issue (refuse to issue), reissue, suspend, revoke licenses:
for exchange operations with cash foreign currency - legal entities carrying out their activities exclusively through exchange points; for collection of banknotes, coins, and valuables - legal entities whose exclusive activity is the collection of banknotes, coins, and valuables; for dealer activity in the digital assets market - operations for the exchange, purchase, and/or sale of unbacked digital assets to operators of exchange of unbacked digital assets, whose exclusive type of activity is carrying out exchange operations with unbacked digital assets; 32-1) apply a risk-oriented approach within the framework of control and supervision of the activities of digital asset service providers, except for digital asset service providers that are participants of the International Financial Center "Astana"; 32-2) carry out state regulation, control, and supervision of the activities of operators of exchange of unbacked digital assets, operators of the platform for digital financial assets, operators of the trading platform for digital assets, organizations for storage of the base asset of a digital financial asset; 32-3) approve normative legal acts mandatory for execution by operators of exchange of unbacked digital assets, operators of the platform for digital financial assets, operators of the trading platform for digital assets, organizations for storage of the base asset of a digital financial asset, and issuers of digital financial assets,
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Document: DECREE OF THE PRESIDENT OF RK OF 31.12.2003 NO. 1271 Document Status: Valid provided for by subparagraph 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan"; 32-4) determine the procedure for conducting operations for the purchase, sale, and/or exchange of unbacked digital assets by an operator of exchange of unbacked digital assets; 32-5) carry out registration of operators of the platform for digital financial assets, operators of the trading platform for digital assets, payment organizations;";
33) determine the policy and methods of accounting for the National Bank of Kazakhstan taking into account international financial reporting standards;
34) exercise control and supervision over compliance by legal entities carrying out activities exclusively through exchange points based on a license of the National Bank of Kazakhstan for exchange operations with cash foreign currency, with the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting, rules of automation of accounting, as well as the requirements of the legislation of the Republic of Kazakhstan on currency regulation and currency control;
35) exercise control over compliance by legal entities carrying out activities exclusively through exchange points based on a license of the National Bank of Kazakhstan for exchange operations with cash foreign currency, digital asset service providers, except for digital asset service providers that are participants of the International Financial Center "Astana", issuers of digital financial assets provided for by subparagraph 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", as well as participants of the special regulatory regime of the National Bank of Kazakhstan carrying out activities in the sphere of digital assets, and payment organizations, with the requirements of the legislation of the Republic of Kazakhstan on countering the legalization (money laundering) of proceeds obtained criminally, financing of terrorism, and financing of proliferation of weapons of mass destruction in part of fixing, storing, and providing information about operations with money and/or other property subject to financial monitoring, proper verification of clients (their representatives) and beneficial owners, suspension and refusal to conduct operations subject to financial monitoring, protection of documents received in the course of their activities, as well as over the organization and implementation of internal control in accordance with the legislation of the Republic of Kazakhstan;
36) exercise control and supervision over compliance by payment service providers who are not banks and organizations carrying out separate types of banking operations, operators of payment systems, and operational centers of payment systems, with the requirements of the legislation of the Republic of Kazakhstan on payments and payment systems;
37) within its competence, participate in inspections of the activities of inspected subjects conducted by the authorized body for regulation, control, and supervision of the financial market and financial organizations;
38) apply limited impact measures to residents and non-residents carrying out currency operations and not being financial organizations, operators of payment systems, operational centers of payment systems, as well as payment service providers who are not banks, branches of banks - non-residents of the Republic of Kazakhstan, and organizations carrying out separate types of banking operations, supervisory response measures to legal entities carrying out activities exclusively through exchange points based on a license of the National Bank of Kazakhstan for exchange operations with cash foreign currency, and legal entities whose exclusive activity is the collection of banknotes, coins, and valuables, as well as sanctions and other measures provided for by the laws of the Republic of Kazakhstan, and determine the procedure for their application;
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39) determine the procedure for introducing and canceling the special regulatory regime, carrying out activities related to digital assets and/or payment services within the framework of the special regulatory regime;
40) participate in servicing the state debt of the Government of the Republic of Kazakhstan with its agreement and service the state debt of the National Bank of Kazakhstan;
41) establish and publish the official exchange rate of the national currency of the Republic of Kazakhstan to foreign currencies according to the procedure determined by the National Bank of Kazakhstan;
42) monitor sources of demand and supply, as well as directions of use of foreign currency in the domestic currency market;
43) carry out banking activity, professional activity in the securities market, and other activity defined by the laws of the Republic of Kazakhstan without obtaining corresponding licenses;
44) determine the procedure for opening, maintaining, and closing metal accounts by banks, branches of banks - non-residents of the Republic of Kazakhstan;
45) carry out trust management of the National Fund of the Republic of Kazakhstan based on a trust management agreement concluded between the National Bank of Kazakhstan and the Government of the Republic of Kazakhstan;
46) carry out trust management of assets of legal entities based on trust management agreements concluded by the National Bank of Kazakhstan with legal entities;
47) carry out trust management of pension assets of the Unified Accumulative Pension Fund based on a trust management agreement concluded between the National Bank of Kazakhstan and the Unified Accumulative Pension Fund;
48) provide custodial services regarding pension assets of the Unified Accumulative Pension Fund;
49) provide upon request of the authorized body for financial monitoring information from its own digital systems and resources in accordance with the legislation of the Republic of Kazakhstan on countering the legalization (money laundering) of proceeds obtained criminally, financing of terrorism, and financing of proliferation of weapons of mass destruction;
50) participate in training personnel for state bodies and financial organizations of the Republic of Kazakhstan;
51) acquire goods, works, and services in the manner determined by a normative legal act of the National Bank of Kazakhstan;
52) assign, annul, and determine the use of banking identification codes, assign and annul codes of banks and organizations carrying out separate types of banking operations, and codes of branches of banks and organizations carrying out separate types of banking operations, establish their structure, as well as form and maintain the Directory of Banks and Organizations Carrying Out Separate Types of Banking Operations;
53) create advisory and consultative bodies of the National Bank of Kazakhstan;
54) in order to ensure the completeness and quality of information on the financial market and financial organizations used for providing services to state bodies and financial organizations, exchange information with its subsidiary organizations using their owned digital systems;
55) determine the procedure for alienation and transfer for use of property assigned to the National Bank of Kazakhstan;
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56) determine the procedure for development and approval of development plans for state-owned joint stock companies, limited liability partnerships, the shareholder (participant, trustee) of which is the National Bank of Kazakhstan, and state enterprises created by it, monitoring and evaluation of their implementation, as well as reports on their execution;
57) carry out informational and explanatory work on the main directions of activity of the National Bank of Kazakhstan;
58) conduct events to improve the quality of financial services on issues within its competence;
59) ensure the availability and relevance of the system of management of financial and operational risks of the National Bank of Kazakhstan;
60) within its competence, cooperate with central banks, control and supervisory authorities of other states, international and other organizations, and has the right to exchange, while observing confidentiality, information constituting commercial secrecy in the securities market, banking secrecy, insurance secrecy, or other legally protected secrecy necessary for the implementation of control and supervisory functions, based on and in accordance with an international treaty of the Republic of Kazakhstan, an agreement providing for the exchange of confidential information.
By other organizations referred to in the first part of this subparagraph, associations of central banks, control and supervisory authorities of other states created for the purpose of developing unified standards for regulating the activities of the banking sector, securities market, and insurance market are understood;
61) maintain registers of payment systems, significant payment service providers, payment organizations;
62) conduct research in the field of monetary policy, financial stability, and other areas related to its activities;
63) approve normative legal acts mandatory for execution by financial organizations, branches of banks - non-residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations - non-residents of the Republic of Kazakhstan, branches of insurance brokers - non-residents of the Republic of Kazakhstan, other physical and legal persons on the territory of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and the legislation of the Republic of Kazakhstan;
64) ensure compliance with laws and other normative legal acts of the Republic of Kazakhstan in the field of mobilization preparation and mobilization;
65) carry out other functions provided for by the Law on the National Bank, other laws of the Republic of Kazakhstan, and acts of the President of the Republic of Kazakhstan.
Chapter 3. Status, powers of the first head of the National Bank of Kazakhstan, his deputies, as well as collegial bodies
15. Management of the National Bank of Kazakhstan is carried out by the Chairman, who bears personal responsibility for the fulfillment of tasks assigned to the National Bank of Kazakhstan and the exercise of its powers.
16. The Chairman of the National Bank of Kazakhstan is appointed to office by the President of the Republic of Kazakhstan for a term of 6 years and dismissed from office by the President of the Republic of Kazakhstan.
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Document: DECREE OF THE PRESIDENT OF RK OF 31.12.2003 NO. 1271 Document Status: Valid The Chairman of the National Bank of Kazakhstan has deputies who are appointed to office and dismissed from office in accordance with the legislation of the Republic of Kazakhstan.
The Chairman of the National Bank of Kazakhstan determines the powers of his deputies in accordance with the legislation of the Republic of Kazakhstan.
17. Powers of the Chairman of the National Bank of Kazakhstan:
1) takes operational and executive-administrative decisions on all issues of activity of the National Bank of Kazakhstan, except for powers stipulated by the Law on the National Bank and this Regulation for the Board, the Monetary Policy Committee, and the Board of Directors of the National Bank of Kazakhstan;
2) presents for appointment by the President of the Republic of Kazakhstan candidates for the position of Deputy Chairman of the National Bank of Kazakhstan;
3) appoints and dismisses members of the Board of the National Bank of Kazakhstan from the National Bank of Kazakhstan;
4) appoints officials of the National Bank of Kazakhstan and dismisses them, rewards outstanding employees, imposes disciplinary penalties;
5) represents the National Bank of Kazakhstan within its competence in the Republic of Kazakhstan and abroad;
6) on the basis and/or in execution of laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, normative legal acts of the National Bank of Kazakhstan, resolutions of the Board, the Monetary Policy Committee, and the Board of Directors of the National Bank of Kazakhstan, issues orders and directives on issues of activity of the National Bank of Kazakhstan, signs resolutions of the Board, the Monetary Policy Committee, and the Board of Directors of the National Bank of Kazakhstan;
7) chairs meetings of the Board, the Monetary Policy Committee, and the Board of Directors of the National Bank of Kazakhstan;
8) distributes duties among deputies of the Chairman of the National Bank of Kazakhstan, establishes the degree of responsibility of his deputies and heads of departments of the central apparatus, branches, representative offices, and organizations of the National Bank of Kazakhstan for the state of affairs in the entrusted area of work;
9) approves the composition of the Monetary Policy Committee and the Board of Directors of the National Bank of Kazakhstan;
10) on the basis of the total staff size of the National Bank of Kazakhstan approved by the President of the Republic of Kazakhstan, approves staffing tables of the central apparatus, branches, and representative offices of the National Bank of Kazakhstan;
11) approves regulations on branches, representative offices, and structural subdivisions of the central apparatus of the National Bank of Kazakhstan, except for the regulation on the internal audit subdivision;
12) reviews the annual report on the work done by the security subdivision;
13) concludes contracts (agreements, contracts) on behalf of the National Bank of Kazakhstan;
14) disposes of all property and funds of the National Bank of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan, issues powers of attorney, establishes the procedure for signing obligations and issuing powers of attorney on behalf of the National Bank of Kazakhstan;
15) reviews the results of inspections and internal audit results of subdivisions of the central apparatus, branches, representative offices, and organizations of the National Bank of Kazakhstan, as well as joint stock companies of which the National Bank of Kazakhstan is the sole shareholder;
16) controls the conduct of events on mobilization preparation.
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Document: DECREE OF THE PRESIDENT OF RK OF 31.12.2003 NO. 1271 Document Status: Valid The Chairman of the National Bank of Kazakhstan or his deputy makes a decision on imposing an administrative penalty in cases of administrative offenses, consideration of which in accordance with the laws of the Republic of Kazakhstan is attributed to the competence of the National Bank of Kazakhstan. The Chairman of the National Bank of Kazakhstan has the right to make a decision on any issue not belonging to the exclusive competence of the Board, the Monetary Policy Committee, and the Board of Directors of the National Bank of Kazakhstan, as well to entrust the resolution of certain issues within his competence to his deputies, heads of structural subdivisions of the central apparatus, branches, and representative offices of the National Bank of Kazakhstan, and other officials of the National Bank of Kazakhstan. Deputies of the Chairman represent the National Bank of Kazakhstan without power of attorney, sign documents within their competence, issue powers of attorney within their competence, including for participation of employees of the National Bank of Kazakhstan in the consideration of cases in courts. Deputies of the Chairman of the National Bank of Kazakhstan review issues and make decisions in accordance with the legislation of the Republic of Kazakhstan and on the basis of distribution of their functional duties. Heads of subdivisions of the central apparatus of the National Bank of Kazakhstan carry out their activities on the basis of regulations on these subdivisions approved by the order of the Chairman of the National Bank of Kazakhstan. Execution of powers of the Chairman of the National Bank of Kazakhstan during his absence is carried out by the person replacing him in accordance with the legislation of the Republic of Kazakhstan. The Chairman of the National Bank of Kazakhstan is obliged to take measures to counter corruption and bears responsibility established by law for non-fulfillment or improper fulfillment of this obligation.
18. Collegial bodies of the National Bank of Kazakhstan are the Board, the Monetary Policy Committee, and the Board of Directors.
19. The highest body of the National Bank of Kazakhstan is the Board.
Powers of the Board of the National Bank of Kazakhstan, in addition to powers provided for by Article 15 of the Law on the National Bank, include:
approval of rules:
1) on minimum reserve requirements;
2) establishment of the official exchange rate of the national currency of the Republic of Kazakhstan to foreign currencies;
3) exchange of banknotes and coins of the national currency of the Republic of Kazakhstan withdrawn and removed from circulation, as well as worn and damaged banknotes and coins of the national currency of the Republic of Kazakhstan;
4) sale and repurchase by the National Bank of Kazakhstan of banknotes and coins of the national currency of the Republic of Kazakhstan, including in special packaging;
5) maintenance of cash operations with individuals and legal entities in the National Bank of Kazakhstan;
6) determination of the validity of banknotes and coins of the national currency of the Republic of Kazakhstan;
7) replacement of monetary signs of the national currency of the Republic of Kazakhstan in circulation when their design (form) changes;
8) application of limited impact measures to operators of payment systems, operational centers of payment systems, payment service providers who are not
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banks, branches of banks - non-residents of the Republic of Kazakhstan and organizations carrying out certain types of banking operations; 8-1) application of restricted impact measures to the operator of the digital financial assets platform, the operator of the digital assets trading platform, the issuer of digital financial assets; 8-2) application of supervisory response measures to the operator of the exchange of unsecured digital assets;
9) application of supervisory response measures to legal entities carrying out activities exclusively through exchange offices based on a license of the National Bank of Kazakhstan for exchange operations with cash foreign currency, and to legal entities whose exclusive activity is the collection of banknotes, coins and valuables;
10) withdrawal of cash banknotes from cash circulation;
11) carrying out cash operations and operations on the collection of banknotes, coins and valuables, including the organization of automobile collection transportation, in second-tier banks, branches of banks - non-residents of the Republic of Kazakhstan, the National Post Operator and legal entities whose exclusive activity is the collection of banknotes, coins and valuables;
12) organization of security and arrangement of premises of second-tier banks, branches of banks - non-residents of the Republic of Kazakhstan, the National Post Operator, legal entities whose exclusive activity is the collection of banknotes, coins and valuables, and legal entities carrying out activities exclusively through exchange offices based on a license of the National Bank of Kazakhstan for exchange operations with cash foreign currency, in agreement with the corresponding authorized bodies;
13) issuance of licenses to legal entities whose exclusive activity is the collection of banknotes, coins and valuables, which establish qualification requirements imposed on legal entities whose exclusive activity is the collection of banknotes, coins and valuables, which include requirements for the organizational and legal form, requirements for founders (participants), including disclosure of the sources of origin of their contributions to the charter capital, requirements for the size and procedure for forming the charter capital, as well as for the premises, technical means, equipment and employees of legal entities whose exclusive activity is the collection of banknotes, coins and valuables;
14) carrying out operations with foreign currency in the National Bank of Kazakhstan, transferred to the ownership of the state on certain grounds;
15) functioning of the interbank money transfer system;
16) functioning of the interbank clearing system;
17) functioning of payment systems, the operator of which is the National Bank of Kazakhstan or its subsidiary;
18) functioning of the interbank payment card system;
18-1) functioning of the interbank mobile payment system, which also determines tariffs for system services, the procedure for their coordination with system participants;
19) application of checks on the territory of the Republic of Kazakhstan;
20) carrying out operations with documentary letters of credit by banks of the Republic of Kazakhstan;
21) accounting of bills of exchange by second-tier banks of the Republic of Kazakhstan, branches of banks - non-residents of the Republic of Kazakhstan;
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22) carrying out operations with bills of exchange and simple bills of exchange by second-tier banks, branches of banks - non-residents of the Republic of Kazakhstan and organizations carrying out certain types of banking operations;
23) issuance of payment cards, as well as requirements for activities related to servicing operations with their use on the territory of the Republic of Kazakhstan;
24) carrying out interbank payments and (or) money transfers for operations using payment cards in the Republic of Kazakhstan;
25) holding auctions by the National Bank of Kazakhstan within the framework of implementing monetary policy;
26) issuance, use and redemption of electronic money, as well as requirements for issuers of electronic money and electronic money systems on the territory of the Republic of Kazakhstan;
26-1) issuance, circulation and redemption of digital tenge;
27) issuance, placement, circulation and redemption of short-term notes of the National Bank of Kazakhstan;
28) opening, maintenance and closure of client bank accounts;
29) opening, maintenance and closure of bank accounts of legal entities in the National Bank of Kazakhstan;
30) application of economic sector codes and payment designations;
31) establishment of correspondent relations between the National Bank of Kazakhstan and banks, branches of banks - non-residents of the Republic of Kazakhstan, as well as organizations carrying out certain types of banking operations;
32) establishment of correspondent relations between banks, banks, branches of banks - non-residents of the Republic of Kazakhstan and organizations carrying out certain types of banking operations, as well as establishment by banks of correspondent relations with banks - participants of the International Financial Center "Astana";
33) organization of the activities of payment organizations;
34) organization of the activities of the data exchange center for payment transactions with signs of fraud (anti-fraud center of the National Bank of Kazakhstan);
35) submission by the operator or operational centers of a systemically important or important payment system of information on payments and (or) money transfers, which determines the procedure for their submission, including forms, list, frequency and deadlines for their submission;
36) carrying out non-cash payments and (or) money transfers on the territory of the Republic of Kazakhstan;
37) provision by banks, branches of banks - non-residents of the Republic of Kazakhstan and organizations carrying out certain types of banking operations of electronic banking services;
38) submission of information on payment services, which determines the procedure for their submission, including forms, list, frequency and deadlines for their submission;
39) maintenance of the register of significant payment service providers;
40) maintenance of the register of payment systems;
41) monitoring of currency operations in the Republic of Kazakhstan;
42) carrying out exchange operations with cash foreign currency in the Republic of Kazakhstan;
43) carrying out currency operations in the Republic of Kazakhstan;
44) monitoring of sources of demand and supply in the domestic currency market of the Republic of Kazakhstan;
45) submission of information by branches (representative offices) of foreign non-financial organizations carrying out activities in the Republic of Kazakhstan;
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46) opening, maintenance and closure by banks, branches of banks - non-residents of the Republic of Kazakhstan of metal accounts;
47) submission of financial reporting by financial organizations, and submission of reporting on accounting data by branches of banks - non-residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations - non-residents of the Republic of Kazakhstan, branches of insurance brokers - non-residents of the Republic of Kazakhstan, which determines the procedure for its submission, including forms, list, frequency and deadlines for its submission, in agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations;
48) submission of reporting by subjects of the financial market, determining in agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations the procedure for its submission, including forms intended for the collection of administrative data, frequency and deadlines for submission. For the purposes of this sub-item, subjects of the financial market submitting reporting include financial organizations and their major participants, banking holdings, banking conglomerates, insurance holdings, insurance groups, JSC "Development Bank of Kazakhstan", branches of banks - non-residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations - non-residents of the Republic of Kazakhstan, branches of insurance brokers - non-residents of the Republic of Kazakhstan, credit bureaus and collection agencies;
48-1) submission of reporting by operators of the exchange of unsecured digital assets, operators of the platform for digital financial assets, operators of the trading platform for digital assets, issuers of digital financial assets to the National Bank of Kazakhstan, including forms, frequency and deadlines for its submission;»;
49) introduction and cancellation by the National Bank of Kazakhstan of a special regulatory regime, carrying out activities related to digital assets and (or) payment services within the framework of a special regulatory regime;
49-1) carrying out activities by operators of the exchange of unsecured digital assets; 49-2) carrying out activities by operators of the platform for digital financial assets, operators of the trading platform for digital assets; 49-3) issuance of digital financial assets, their placement, circulation and redemption; 49-4) formation of a risk management and internal control system for operators of the exchange of unsecured digital assets, operators of the platform for digital financial assets, operators of the trading platform for digital assets;
50) conversion or reconversion of assets of the National Fund of the Republic of Kazakhstan;
51) selection of external managers of gold and foreign exchange assets of the National Bank of Kazakhstan, assets of the National Fund of the Republic of Kazakhstan and pension assets of the Unified Accumulative Pension Fund and transfer of assets to external management;
52) implementation of the state's priority right to acquire refined gold to replenish assets in precious metals;
53) transfer for refining of scrap and waste of precious metals, transferred to the ownership of the state on certain grounds, into refined gold bars and receipt of them after refining;
54) appointment to office and termination of employment contracts with employees of the National Bank of Kazakhstan and its agencies;
55) determination of the size and procedure for compensatory payments for official trips, including for the purpose of training, advanced training or retraining of an employee in accordance with the legislation of the Republic of Kazakhstan, produced by
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government institutions funded from the budget (expense estimates) of the National Bank of Kazakhstan;
56) acquisition of goods, works and services by the National Bank of Kazakhstan, its agencies, organizations included in its structure, and legal entities, fifty or more percent of voting shares (participation shares in the charter capital) of which belong to the National Bank of Kazakhstan or are under its trusteeship, by the authorized body for regulation, control and supervision of the financial market and financial organizations;
approval of requirements for:
1) activities for counting, sorting, packaging, storage of banknotes, coins and valuables, as well as their issuance to second-tier banks, branches of banks - non-residents of the Republic of Kazakhstan and their clients by order of second-tier banks, branches of banks - non-residents of the Republic of Kazakhstan, carried out by legal entities whose exclusive activity is the collection of banknotes, coins and valuables;
2) organizational measures and software and technical means ensuring access to payment systems;
3) requirements imposed on the degrees of protection of bill paper produced on the territory or imported into the territory of the Republic of Kazakhstan, as well as technical requirements for bill paper;
4) formatting and content of a certificate of the presence and number of a bank account and an extract on the balance and movement of funds in a bank account;
5) security and continuity of work of digital systems of banks, branches of banks - non-residents of the Republic of Kazakhstan and organizations carrying out certain types of banking operations;
6) internal control rules for the purpose of combating the legalization (laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction for payment organizations, as well as for legal entities carrying out activities exclusively through exchange offices based on a license of the National Bank of Kazakhstan for exchange operations with cash foreign currency;
7) internal control rules for the purpose of combating the legalization (laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction for operators of the exchange of unsecured digital assets, operators of the platform for digital financial assets, operators of the trading platform for digital assets, issuers of digital financial assets, provided for in sub-item 1) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets in the Republic of Kazakhstan", participants of the special regulatory regime of the National Bank of Kazakhstan carrying out activities in the field of digital assets;
8) organizations for storing the base asset of a digital financial asset in relation to digital financial assets, the base asset of which is money and its equivalents;
approval:
1) jointly with the authorized body carrying out leadership in the field of ensuring the receipt of taxes and other mandatory payments to the budget, rules for carrying out export-import currency control in the Republic of Kazakhstan;
2) jointly with the authorized body carrying out regulation of activities in the field of accounting and financial reporting, the procedure for determining the market exchange rate of currency;
3) jointly with the central authorized body for state planning, the maximum sizes of the amounts of withdrawal of cash by subjects of entrepreneurship from bank accounts, as well as by subjects of entrepreneurship, on whom the requirement for withdrawal of cash from bank accounts does not apply;
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4) jointly with the authorized body carrying out leadership in the field of ensuring the receipt of taxes and other mandatory payments to the budget and the authorized body for regulation, control and supervision of the financial market and financial organizations, rules for the withdrawal of cash by subjects of entrepreneurship from bank accounts, which determine, among other things, the conditions for the withdrawal by subjects of entrepreneurship of cash from bank accounts in excess of the established maximum sizes, as well as the procedure for submission to the authorized body carrying out leadership in the field of ensuring the receipt of taxes and other mandatory payments to the budget and the authorized body for regulation, control and supervision of the financial market and financial organizations of information and information on the withdrawal by subjects of entrepreneurship of cash from bank accounts in excess of the established maximum sizes, including forms, list and deadlines for their submission;
5) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, a legal act on the determination of the maximum sizes of the annual effective interest rate on bank loans and microcredits;
6) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, rules on last-resort loans provided by the National Bank of Kazakhstan;
6-1) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, the procedure for making transactions with digital financial assets by a bank with a universal banking license, an Islamic bank, a branch of a bank - non-resident of the Republic of Kazakhstan, a branch of an Islamic bank - non-resident of the Republic of Kazakhstan; 6-2) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, the procedure for maintaining by operators of the platform for digital financial assets a system for recording holders of digital financial assets, a list of other information subject to recording and storage in the system for recording holders of digital financial assets, as well as the procedure for transfer by operators of the platform for digital financial assets to the central depository of information from the system for recording holders of digital financial assets; 6-3) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, rules for submission of reporting by organizations for storing the base asset of a digital financial asset to the National Bank of Kazakhstan, including forms, frequency and deadlines for its submission; 6-4) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, rules for submission by operators of the platform for digital financial assets, operators of the trading platform for digital assets of information to the central depository of securities; 6-5) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, requirements for financial organizations of the Republic of Kazakhstan for the purposes of admission to the issuance of digital financial assets on the territory of the International Financial Center "Astana", as well as rules for admission of participants of the International Financial Center "Astana" to carry out the issuance of digital financial assets on the digital platform of the operator of the platform for digital financial assets; 6-6) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations and the Committee of the International Financial Center "Astana" for the regulation of financial services, rules for admission of legal entities of the Republic of Kazakhstan for the issuance of digital financial assets on the territory of the International Financial Center "Astana"; 6-7) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, a list, forms, deadlines and procedure for submission of reporting by issuers of digital financial assets, provided for in sub-items 2) and 3) of Article 5 of the Law of the Republic of Kazakhstan "On Digital Assets
in the Republic of Kazakhstan"; 6-8) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, rules for conducting biometric authentication by financial and payment organizations, including cases of mandatory use and (or) filling with biometric data of the national system of biometric authentication, obtained by the data exchange center for identification data of the National Bank of the Republic of Kazakhstan;
7) the size of the limit for payments and money transfers on correspondent accounts of banks, branches of banks - non-residents of the Republic of Kazakhstan and organizations carrying out certain types of banking operations;
8) indicators of criteria for significant payment systems;
9) indicators at which a payment service provider is classified as a significant payment service provider;
9-1) list of offshore zones;
10) in agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations, rules for classifying financial organizations as systemically important;
11) in agreement with the authorized body in the field of state statistics, the form of departmental statistical observations and instructions for their completion;
12) normative legal acts on accounting issues, including standard chart of accounts plans, instructions for maintaining accounting, rules for organizing accounting and rules for automating accounting, mandatory for execution by all financial organizations, branches of banks - non-residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations - non-residents of the Republic of Kazakhstan, branches of insurance brokers - non-residents of the Republic of Kazakhstan, Development Bank of Kazakhstan;
13) financial reporting standards on issues not regulated by international financial reporting standards, as well as methodological recommendations for them;
14) excluded in accordance with the Decree of the President of RK of 30.04.26 No. 1251
15) normative legal acts on the collection of administrative data on currency regulation, cash circulation, payments and payment systems, financial stability, formation of monetary and credit statistics, regulation, control and supervision of financial organizations and their affiliates, credit bureaus, and collection agencies, branches of banks - non-residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations - non-residents of the Republic of Kazakhstan, branches of insurance brokers - non-residents of the Republic of Kazakhstan, Development Bank of Kazakhstan;
16) criteria for selection by the National Bank of Kazakhstan and the procedure for considering documents for concluding a contract on carrying out activities within the framework of a special regulatory regime;
17) in agreement with the central authorized body for budget execution, rules for carrying out investment operations of the National Fund of the Republic of
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...and the report on the results of the trust management of the National Fund of the Republic of Kazakhstan, submitted to the Government of the Republic of Kazakhstan;
18) investment declaration of the Unified Accumulative Pension Fund;
19) investment strategy for managing foreign exchange assets of the National Bank of Kazakhstan;
20) accounting policy for accounting for operations on trust management of assets of the National Fund of the Republic of Kazakhstan;
21) regulation on the internal audit department, as well as the procedure for organizing and conducting internal audit in the National Bank of Kazakhstan;
22) instruction on the assignment, use, and cancellation of banking identification codes by the National Bank of Kazakhstan, as well as the assignment and cancellation of codes of banks, branches of banks - non-residents of the Republic of Kazakhstan and organizations carrying out certain types of banking operations, and codes of branches of banks and organizations carrying out certain types of banking operations, their structure, formation and maintenance of the Directory of banks, branches of banks - non-residents of the Republic of Kazakhstan and organizations carrying out certain types of banking operations;
23) instruction on the organization of anti-terrorist protection of objects of the National Bank of Kazakhstan that are vulnerable to terrorism;
24) regulation of the National Bank of Kazakhstan;
25) other legal acts of the National Bank of Kazakhstan in accordance with the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and the legislation of the Republic of Kazakhstan", other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Board of the National Bank of Kazakhstan:
1) approves monetary policy;
2) sets target indicators for inflation for the medium-term perspective;
3) sets minimum reserve requirement standards;
4) sets macroprudential standards and limits, their normative values and calculation methodology;
4-1) sets restrictions and limits for the operator of unsecured digital assets;
5) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations determines the maximum size of the annual effective interest rate on bank loans and microloans;
6) makes decisions on the manufacture, issuance into circulation, withdrawal from circulation of banknotes and coins of the national currency of the Republic of Kazakhstan, including by order of other countries, replacement of banknotes and coins of the national currency of the Republic of Kazakhstan upon change of their design or shape;
7) sets the period of parallel circulation of banknotes and coins of the national currency of the Republic of Kazakhstan upon change of their design (shape);
8) determines the nominal value and design of banknotes and coins based on the concept approved by the President of the Republic of Kazakhstan;
9) determines the theme of issue, print run, alloy, terms and date of issue of collectible and investment coins;
10) sets the limits of deviation of the purchase rate from the sale rate of foreign currency for tenge for operations carried out through exchange points;
11) sets the size and procedure for forming charter capitals for legal entities carrying out activities exclusively through exchange points on the basis of a license of the National Bank of Kazakhstan for exchange operations with cash foreign currency, and legal entities whose exclusive activity is collection
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banknotes, coins and valuables, as well as sets the minimum size of the charter capital of a payment organization, an operator of unsecured digital assets, an operator of a platform for digital financial assets, an operator of a trading platform for digital assets;
12) determines the main principles of managing assets in foreign currency and precious metals, including their structure;
12-1) adopts acts on issues of managing assets in foreign currency, precious metals and digital assets, as well as on their transfer to external management;
13) determines activities related to monetary;
14) determines categories of legal entities served by the National Bank of Kazakhstan;
14-1) determines jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations the sizes, procedures and deadlines for banks and branches of banks - non-residents of the Republic of Kazakhstan to make mandatory payments to compensate (cover) losses (funds) arising (used) as a result of bank resolution; 14-2) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations and the central authorized body for budget execution adopts a decision on applying a resolution regime to a systemically important bank; 14-3) jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations adopts a decision on reimbursing funds of the republican budget and/or other funds used by the Government of the Republic of Kazakhstan and/or the national managing holding company during the resolution of a systemically important bank, at the expense of mandatory payments of banks and branches of banks - non-residents of the Republic of Kazakhstan; 14-4) determines jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations, with the agreement of the central authorized body for budgetary policy, the central authorized body for budget planning and the central authorized body for budget execution, the procedure for implementing state investment projects aimed at resolving a systemically important bank, as well as monitoring the implementation of such state investment projects;
15) considers the issue of providing and extending last-resort loans in the order and on conditions provided by the Law on the National Bank and the joint normative legal act of the National Bank of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations;
16) determines the mechanism for providing liquidity to the central counterparty;
17) independently or jointly with the authorized body for regulation, control and supervision of the financial market and financial organizations approves a program aimed at protecting the interests of consumers of financial services;
18) makes a decision on the creation and participation in the activities of organizations, joint-stock companies, including those contributing to the implementation of functions assigned to the National Bank of Kazakhstan and/or being part of the infrastructure of the financial market, as well as on changing their names, reorganization and liquidation;
19) makes a decision on the participation of the National Bank of Kazakhstan in international and other organizations in accordance with the Law on the National Bank;
20) makes a decision on introducing special and/or special regulatory regimes within its competence;
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20-1) sets a threshold value regarding the amount of purchase of non-cash foreign currency on the domestic foreign exchange market of the Republic of Kazakhstan, upon reaching which requirements for confirmation of the purpose of purchase of non-cash foreign currency for national currency on the domestic foreign exchange market of the Republic of Kazakhstan and the procedure for its use for the stated purposes apply;
21) approves the standard contract for carrying out activities within the framework of a special regulatory regime within its competence;
22) considers and approves a contract for carrying out activities within the framework of a special regulatory regime within its competence;
23) makes a decision on the creation of advisory and consultative bodies of the National Bank of Kazakhstan;
24) approves the medium-term plan for audit inspections and the annual report of the internal audit department;
25) determines foreign custodians in whom accounts of the National Bank of Kazakhstan are opened for accounting and storage of pension assets of the Unified Accumulative Pension Fund;
26) determines the procedure:
by the National Bank of Kazakhstan for carrying out activities on trust management of client assets; by the National Bank of Kazakhstan for carrying out brokerage activities; by the National Bank of Kazakhstan for carrying out dealer activities; by the National Bank of Kazakhstan for carrying out operations with derivative financial instruments; by the National Bank of Kazakhstan for carrying out operations with cash foreign currency;
27) gives consent to increasing the charter capital of joint-stock companies and increasing or decreasing the charter capital of limited liability companies of the National Bank of Kazakhstan, as well as to acquiring from third parties or alienating to third parties shares of joint-stock companies, participation shares in the charter capital of limited liability companies;
28) considers the issue of providing and extending loans in the order and on conditions provided by the Law on the National Bank and legal acts of the National Bank of Kazakhstan;
29) determines the conditions for restructuring debt of banks and other organizations to the National Bank of Kazakhstan on loans provided by the National Bank of Kazakhstan;
30) considers and makes decisions on issues of satisfying claims of the National Bank of Kazakhstan on last-resort loans out of court;
31) annually approves the amount of commission remuneration of the National Bank of Kazakhstan for trust management of pension assets of the Unified Accumulative Pension Fund;
32) makes decisions on issues referred by the legislation of the Republic of Kazakhstan and the charter of the Unified Accumulative Pension Fund to the competence of the general meeting of shareholders (sole shareholder) of the Unified Accumulative Pension Fund;
33) makes a decision on accepting assets into trust management on the basis of trust management agreements concluded by the National Bank of Kazakhstan with legal entities;
34) determines an official at the level of no lower than Deputy Chairman of the National Bank of Kazakhstan, whose powers include the operational adoption
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of decisions on trust management of the National Fund of the Republic of Kazakhstan (authorized representative);
35) approves requirements for persons who are not employees of the National Bank of Kazakhstan for inclusion in the Monetary Policy Committee of the National Bank of Kazakhstan;
36) considers, approves and submits for approval to the President of the Republic of Kazakhstan the annual report on the work of the National Bank of Kazakhstan, the structure and total staff count of the National Bank of Kazakhstan;
37) on the basis of the structure of the National Bank of Kazakhstan approved by the President of the Republic of Kazakhstan, approves the list of departments of the central apparatus, branches and representative offices of the National Bank of Kazakhstan with their names, as well as the total staff count of organizations of the National Bank of Kazakhstan;
38) considers and approves the annual consolidated financial report of the National Bank of Kazakhstan;
39) approves the budget (expense estimate) of the National Bank of Kazakhstan;
40) sets the size of undistributed net income directed to form the charter and/or reserve capital;
41) approves, with the agreement of the President of the Republic of Kazakhstan, the wage payment system for employees of the National Bank of Kazakhstan;
42) approves, with the agreement of the President of the Republic of Kazakhstan, the salaries of the Chairman of the National Bank of Kazakhstan and his deputies;
43) approves the terms of labor payment and social/housing support for employees of the National Bank of Kazakhstan and its agencies;
44) approves rules for ensuring access and internal security regimes in buildings of the National Bank of Kazakhstan and its territorial branches;
45) in case of emergence or threat of emergence of a systemic financial crisis, independently or jointly with the Government of the Republic of Kazakhstan introduces restrictions on the conduct of certain types of banking and other operations by financial organizations;
46) approves rules for providing grants from the budget (expense estimate) of the National Bank of Kazakhstan for conducting research on priority areas of activity of the National Bank of Kazakhstan;
47) develops, forms and approves, with the agreement of the authorized body in the field of state statistics, statistical methodology in the order determined by the authorized body in the field of state statistics;
48) makes a decision on financing the activities of the authorized body for regulation, control and supervision of the financial market and financial organizations;
49) carries out other powers and functions assigned to the competence of the Board of the National Bank of Kazakhstan, provided by the Law on the National Bank, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
The Board of the National Bank of Kazakhstan has the right to consider and make a decision on any issue falling within the competence of the National Bank of Kazakhstan, defined by the Law on the National Bank, other laws of the Republic of Kazakhstan and this Regulation. Meetings of the Board of the National Bank of Kazakhstan are held as necessary in accordance with the work plan approved by the Chairman of the National Bank of Kazakhstan. Meetings of the Board are chaired by the Chairman of the National Bank of Kazakhstan, and in his absence - by the person acting in his place. The procedure for the work of the Board of the National Bank of Kazakhstan is determined by its regulation.
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The Monetary Policy Committee of the National Bank of Kazakhstan is a body making decisions on issues of monetary policy.
Powers of the Monetary Policy Committee of the National Bank of Kazakhstan:
1) sets the base rate;
2) sets interest rates on rewards for main monetary policy operations;
3) makes decisions on other issues of monetary policy not falling under the exclusive competence of the Board of the National Bank of Kazakhstan.
The Monetary Policy Committee of the National Bank of Kazakhstan includes the Chairman of the National Bank of Kazakhstan, his deputies overseeing issues of monetary policy, monetary operations, financial stability, heads of structural subdivisions of the National Bank of Kazakhstan, whose functions include issues of monetary policy, monetary operations, financial stability, as well as other subdivisions of the National Bank of Kazakhstan by decision of the Chairman of the National Bank of Kazakhstan. Persons who are not employees of the National Bank of Kazakhstan may be included in the Monetary Policy Committee of the National Bank of Kazakhstan, meeting requirements approved by the Board of the National Bank of Kazakhstan. The composition and work regulation of the Monetary Policy Committee of the National Bank of Kazakhstan are approved by the Chairman of the National Bank of Kazakhstan. The Chairman of the National Bank of Kazakhstan presides over meetings of the Monetary Policy Committee of the National Bank of Kazakhstan. Meetings of the Monetary Policy Committee of the National Bank of Kazakhstan are held as necessary, but no less than once per quarter. The Monetary Policy Committee of the National Bank of Kazakhstan adopts resolutions on issues within its competence.
The Board of Directors of the National Bank of Kazakhstan is a body of operational management of the National Bank of Kazakhstan and makes decisions on issues within the purview of the National Bank of Kazakhstan, except for issues falling within the competence of the Board, the Monetary Policy Committee and the Chairman of the National Bank of Kazakhstan (or his deputies).
The Board of Directors includes the Chairman of the National Bank of Kazakhstan, his deputies, heads of structural subdivisions and other officials of the National Bank of Kazakhstan by decision of the Chairman of the National Bank of Kazakhstan. The composition of the Board of Directors of the National Bank of Kazakhstan is approved by the Chairman of the National Bank of Kazakhstan. Powers of the Board of Directors of the National Bank of Kazakhstan:
1) approves the structure of departments of the central apparatus of the National Bank of Kazakhstan, its branches and representative offices, as well as charters of organizations of the National Bank of Kazakhstan and terms of labor payment for their employees;
2) hears reports on work done by departments of the central apparatus, branches and representative offices of the National Bank of Kazakhstan, except for reports of internal audit and security departments;
3) makes a decision on the creation, reorganization, change of name and legal status, increase or decrease of charter capital, liquidation and alienation of organizations of the National Bank of Kazakhstan;
4) makes a decision on opening and closing branches and representative offices of the National Bank of Kazakhstan;
5) if necessary, preliminarily considers issues submitted for consideration by the Board of the National Bank of Kazakhstan;
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Document: DECREE OF THE PRESIDENT OF RK DATED 31.12.2003 NO. 1271 Document Status: In Force
6) for subsidiary organizations of the National Bank of Kazakhstan approves:
procedure for submitting financial reporting, including list, forms and deadlines; normative acts on issues of accounting and financial reporting; standard chart of accounts; procedure for application by subsidiary organizations of the National Bank of Kazakhstan of unified accounting policy; procedure for inventory of property of subsidiary organizations; other acts on issues related to transparency and reliability of data on financial reporting of subsidiary organizations;
7) carries out state regulation of the system of accounting and financial reporting in the National Bank of Kazakhstan;
8) determines the structure of the bank account number in the National Bank of Kazakhstan;
9) agrees or sets prices for goods (works, services) produced and sold by state enterprises created by the National Bank of Kazakhstan;
10) sets the cost of the checkbook of the National Bank of Kazakhstan;
11) approves:
list of positions of technical staff of the National Bank of Kazakhstan; normative acts on issues of monetary activity, internal activity of the National Bank of Kazakhstan, including related to use of property entrusted to the National Bank of Kazakhstan, preparation and use of budget (expense estimate), carrying out activities of legal entities for which it is the founder (authorized body) or shareholder, client service, organization of cash money circulation and issuing/cashier operations, ensuring safety of valuables, work with documents within the framework of monitoring of currency operations and collection of statistical and administrative data for the purpose of forming balance of payments statistics, labor relations and relations directly related to labor and other issues not falling under the exclusive competence of the Board of the National Bank of Kazakhstan; procedure for maintaining accounting and preparing separate and consolidated financial reporting of the National Bank of Kazakhstan, including standard chart of accounts of the National Bank of Kazakhstan, as well as procedure for maintaining accounting and preparing financial reporting of the National Fund of the Republic of Kazakhstan, including standard chart of accounts of the National Fund of the Republic of Kazakhstan; normative acts on issues of managing the operating day of the National Bank of Kazakhstan to ensure functioning of payment systems, acceptance and processing of payment documents in payment systems where the National Bank of Kazakhstan is the operator, as well as manufacture, accounting, storage and issuance of checkbooks; business plans, development plans of state enterprises of the National Bank of Kazakhstan and reports on their execution, as well as annual financial reporting of state enterprises of the National Bank of Kazakhstan, confirmed by an audit organization; discount rates (deductions and quality discount) to the price of refined gold in bars acquired within the framework of implementation of the state's priority right to acquire refined gold to replenish assets in precious metals;
schedule of the operating day of the National Bank of Kazakhstan, types and sizes of fees for services provided by the National Bank of Kazakhstan;
rules for distribution of net income of state enterprises created by the National Bank of Kazakhstan;
Source: Information system "PARAGRAPH"
Document: DECREE OF THE PRESIDENT OF THE RK OF 31.12.2003 No. 1271 Document Status: In force
rules on business planning of activities of state enterprises created by the National Bank of Kazakhstan; rules on business trips of employees of the National Bank of Kazakhstan; list of market assets accepted by the National Bank of Kazakhstan as collateral for the fulfillment of obligations under the last-resort loan, and discounts to them; methodology for calculating and establishing discounts to the value of non-market assets accepted by the National Bank of Kazakhstan as collateral for the fulfillment of obligations under the last-resort loan; procedure for interaction of subdivisions of the National Bank of Kazakhstan in providing last-resort loans. The Board of Directors of the National Bank of Kazakhstan has the right to consider and make a decision on any other issue not falling within the exclusive competence of the Board and the Monetary Policy Committee of the National Bank of Kazakhstan. Meetings of the Board of Directors of the National Bank of Kazakhstan are held as necessary, but no less than once a month. The meetings of the Board of Directors are chaired by the Chairman of the National Bank of Kazakhstan, and in his absence - by the person acting in his place. The Board of Directors adopts resolutions on issues within its competence. The procedure for the work of the Board of Directors is determined by its regulations.
Chapter 4. Property of the National Bank of Kazakhstan
22. The National Bank of Kazakhstan, on behalf of the Republic of Kazakhstan, independently exercises the rights of ownership, use, and disposal of property assigned to it, which is on its balance sheet, in the manner determined by the National Bank of Kazakhstan.
23. Property assigned to the National Bank of Kazakhstan belongs to republican ownership.
24. The capital and reserves of the National Bank of Kazakhstan consist of authorized and reserve capital, revaluation accounts, provisions (reserves). The formation of authorized and reserve capital, revaluation accounts, provisions (reserves) is carried out in accordance with the Law on the National Bank.
Chapter 5. Reorganization and liquidation (dissolution) of the National Bank of Kazakhstan
25. Reorganization and liquidation (dissolution) of the National Bank of Kazakhstan is carried out in accordance with the legislation of the Republic of Kazakhstan.
26. The National Bank of Kazakhstan may be liquidated (dissolved) by adopting a corresponding law of the Republic of Kazakhstan. In the event of liquidation (dissolution) of the National Bank of Kazakhstan, its property passes to the successor indicated in the corresponding law of the Republic of Kazakhstan.
Source: Information system "PARAGRAPH"
Document: DECREE OF THE PRESIDENT OF THE RK OF 31.12.2003 No. 1271 Document Status: In force
Approved
By Decree of the President of the Republic of Kazakhstan of December 31, 2003 No. 1271
STRUCTURE of the National Bank of the Republic of Kazakhstan
Central apparatus:
1) departments;
2) administrations
Branches of the National Bank of the Republic of Kazakhstan:
1) central branch (city of Astana);
2) in cities of republican significance - Almaty and Shymkent;
3) in cities of regional significance of the Republic of Kazakhstan;
4) cash operations and valuables storage center in the city of Almaty
Organizations of the National Bank of the Republic of Kazakhstan:
1) excluded in accordance with the Decree of the President of the RK of 15.08.23 No. 305
2) republican state enterprise on the right of economic management "Kazakhstan Mint of the National Bank of the Republic of Kazakhstan";
3) republican state enterprise on the right of economic management "Banknote Factory of the National Bank of the Republic of Kazakhstan"
Representations of the National Bank of the Republic of Kazakhstan
Source: Information system "PARAGRAPH"
Document: DECREE OF THE PRESIDENT OF THE RK OF 31.12.2003 No. 1271 Document Status: In force
Appendix
to the Decree of the President of the Republic of Kazakhstan of December 31, 2003 No. 1271
LIST of certain Decrees of the President of the Republic of Kazakhstan, declared void
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“Decree of the President of the Republic of Kazakhstan of April 18, 2001 No. 587 "On Amendments and Additions to the Decree of the President of the Republic of Kazakhstan of August 11, 1999 No. 188".”
“Decree of the President of the Republic of Kazakhstan of August 11, 1999 No. 188 "On Approval of the Regulation and Structure of the National Bank of the Republic of Kazakhstan".”
“Paragraph 4 of the Decree of the President of the Republic of Kazakhstan of July 11, 2001 No. 654 "On Measures to Organize a Unified System of State Regulation of the Financial Market".”
“Paragraph 3 of the Decree of the President of the Republic of Kazakhstan of May 17, 2002 No. 872 "Issues of Organization of a Unified System of State Regulation of the Financial Market of the Republic of Kazakhstan".”
“Decree of the President of the Republic of Kazakhstan of May 20, 2000 No. 400 "On Amendments and Additions to the Decree of the President of the Republic of Kazakhstan of August 11, 1999 No. 188".”
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