«REPUBLIC OF KAZAKHSTAN
ҰЛТТЫҚ БАНКІ»
РЕСПУБЛИКАЛЫҚ
МЕМЛЕКЕТТІК МЕКЕМЕСІ
РЕСПУБЛИКАНСКОЕ
STATE INSTITUTION
«НАЦИОНАЛЬНЫЙ БАНК
РЕСПУБЛИКИ КАЗАХСТАН»

RESOLUTION OF THE BOARD БАСҚАРМАСЫНЫҢ ҚАУЛЫСЫ ПОСТАНОВЛЕНИЕ ПРАВЛЕНИЯ

31 August 2016
Almaty city
No. 216 city of Almaty

On approval of the Rules for effecting interbank payments and (or) money transfers for transactions using payment cards in the Republic of Kazakhstan

Registered by the Ministry of Justice of the Republic of Kazakhstan on 5 October 2016 under No. 14292

In accordance with the laws of the Republic of Kazakhstan of 30 March 1995 “On the National Bank of the Republic of Kazakhstan”, of 26 July 2016 “On Payments and Payment Systems”, for the purpose of establishing the procedure for effecting interbank payments and (or) money transfers for transactions using payment cards in the Republic of Kazakhstan, the Board of the National Bank of the Republic of Kazakhstan RESOLVES:

1. To approve the attached Rules for effecting interbank payments and (or) money transfers for transactions using payment cards in the Republic of Kazakhstan.

2. To recognize as no longer in force the resolution of the Board of the National Bank of the Republic of Kazakhstan of 28 January 2016 No. 29 “On approval of the Rules for effecting interbank payments and money transfers for transactions using payment cards in the Republic of Kazakhstan” (registered in the Register of State Registration of Normative Legal Acts under No. 13224, published on 5 April 2016 in the information and legal system “Әділет” of the republican state enterprise with the right of economic management “Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan”).

3. To the Department of Payment Systems (Ashykbekov E.T.) in the manner established

by the legislation of the Republic of Kazakhstan, to ensure:

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

2) sending of this resolution to the republican state enterprise with the right of economic management “Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan”:

for official publication in the information and legal system “Әділет” within ten calendar days after its state registration with the Ministry of Justice of the Republic of Kazakhstan;

for inclusion in the State Register of Normative Legal Acts of the Republic of Kazakhstan, the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan within ten calendar days from the day of its state registration with the Ministry of Justice of the Republic of Kazakhstan;

3) posting of this resolution on the official internet resource of the National Bank of the Republic of Kazakhstan after its official publication.

4. To the Department for the Protection of the Rights of Consumers of Financial Services and External Communications (Terentyev A.L.) to ensure the sending of this resolution for official publication to periodical printed publications within ten calendar days after its state registration with the Ministry of Justice of the Republic of Kazakhstan.

5. To entrust control over the execution of this resolution to the Deputy Chairman of the National Bank of the Republic of Kazakhstan Pirmatov G.O.

6. This resolution enters into force upon the expiry of ten calendar days after the day of its first official publication.

Chairman of the National Bank
D. Akishev

Approved by resolution of the Board of the National Bank of the Republic of Kazakhstan of 31 August 2016 No. 216

Rules for effecting interbank payments and (or) money transfers for transactions using payment cards in the Republic of Kazakhstan

1. These Rules for effecting interbank payments and (or) money transfers for transactions using payment cards in the Republic of Kazakhstan (hereinafter – the Rules) have been developed in accordance with the Law of the Republic of Kazakhstan of 26 July 2016 “On Payments and Payment Systems” (hereinafter – the Law on Payments and Payment Systems) and determine the procedure for effecting interbank payments and (or) money transfers for transactions using payment cards in the Republic of Kazakhstan.

2. The Rules use the concepts provided for by the Law on Payments and Payment Systems, the Rules for issuing payment cards, as well as requirements for activities servicing transactions using them on the territory of the Republic of Kazakhstan, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan of 31 August 2016 No. 205 “On approval of the Rules for issuing payment cards, as well as requirements for activities servicing transactions using them on the territory of the Republic of Kazakhstan”, registered in the Register of State Registration of Normative Legal Acts under No. 00000, as well as the following concepts:

1) interbank payments and (or) money transfers (hereinafter – interbank payments) – payments and (or) money transfers effected by one participant of interbank payments and (or) money transfers for transactions using payment cards in favour of another participant in the servicing network of that participant;

2) financial message – a payment document containing the information necessary for effecting an interbank payment for a completed transaction using a payment card, and representing monetary obligations (claims) of one participant in relation to another participant;

3) participant – a second-tier bank and (or) an organization carrying out certain types of banking operations (hereinafter – bank), which is an issuer and (or) acquirer;

4) net position of a participant – the difference between the amount of financial

messages issued by a participant for monetary obligations of other participants in relation to that participant, and the amount of financial messages issued by other participants for monetary obligations of that participant in relation to other participants. If the difference is a negative number, the participant has a debit net position; if positive – a credit net position;

5) operator – a legal entity carrying out activities to ensure the functioning of a payment system or payment card system, including the functions of a processing organization for organizing interbank payments related to the implementation of activities to ensure the routing of messages, authorization and clearing in accordance with an agreement with a participant;

6) channel of payment card systems – a method of routing messages between participants in accordance with agreements concluded with payment card systems;

7) routing of messages on transactions using payment cards (hereinafter – routing of messages) – the process of determining the route of following and transmitting messages on interbank payments between participants;

8) interbank payment card system – a payment system intended for routing messages and clearing between participants on the basis of an agreement concluded between the operational center of the interbank payment card system and a participant;

9) operational center of the interbank payment card system (hereinafter – operational center) - republican state enterprise on the right of economic management "Kazakhstan Center for Interbank Settlements of the National Bank of the Republic of Kazakhstan";

10) channel of direct interbank interaction – an information-technology connection between two participants or their processing organizations in accordance with an agreement on payment servicing concluded between them;

11) message – a group of information data used for exchanging information between the operator or operational center and a participant.

3. The implementation of interbank payments consists of the following stages:

1) routing of messages and authorization;

2) clearing of interbank payments on a multilateral basis through the channels of the interbank payment card system and payment card system, or clearing of interbank payments on a bilateral basis or without its use when two participants have a channel of direct interbank interaction;

3) transfer of money. The transfer of money is carried out based on the results of clearing

in accordance with the net position of each participant or by executing direct interbank payments of two participants carried out through the channel of direct interbank interaction.

4. A participant carries out routing of messages and receives authorization through the use of the following channels:

1) channel of direct interbank interaction;

2) channel of the interbank payment card system;

3) channel of payment card systems.

5. Interbank payments are carried out through the channels provided for by paragraph 4 of the Rules.

6. The exchange of messages, as well as financial messages, in the implementation of interbank payments between participants is carried out electronically.

7. Procedures for the exchange of messages in electronic form and ensuring security in the implementation of interbank payments are established by the operator or operational center and are communicated to participants within the timeframes established by the agreement.

8. Confirmation of sending and (or) receipt of messages is a notification of receipt of messages or other information established by the agreement concluded between the operator or operational center and the participant.

9. The channel of direct interbank interaction is used when two participants establish an information-technology connection for carrying out interbank payments through correspondent accounts on the basis of an agreement concluded between them.

10. The channel of the interbank payment card system is used for conducting interbank payments in accordance with the agreement concluded between the operational center and the participant.

11. The channel of payment card systems is used when:

1) carrying out interbank payments in accordance with the internal documents of the payment card system and the terms of agreements concluded between the operator of the payment card system, the operational center and the participant;

2) routing messages for obtaining authorization.

12. The operator or operational center ensures servicing of interbank payments in accordance with the agreement concluded with the participant, which contains the following conditions:

1) the rights and obligations of the participant, operator or operational center;

2) requirements for the participant's accession to the payment system or payment card system;

3) requirements for compliance with the conditions of the operator or operational center;

4) the liability of the participant and the operator or operational center for failure to fulfill the requirements of the agreement concluded between them; 5) the procedure for terminating the agreement concluded between them and making amendments to it.

The agreement between the operator or operational center and the participant may include other additional conditions that do not contradict the legislation of the Republic of Kazakhstan.

13. When carrying out clearing, the operator or operational center communicates the net positions to the participant in the manner and within the timeframes established by the internal documents of the payment card systems and the agreement concluded between the operator or operational center and the participant.

14. The operator or operational center transmits to participants messages confirming the exchange of their financial messages on interbank payments.

15. The transfer of money based on the results of clearing is carried out by the operator or operational center through the interbank money transfer system or through banks ensuring the transfer of money between participants.

16. The operator or operational center applies a risk management system to ensure the timely completion of the transfer of money in accordance with the net position of the participant based on the results of interbank payments made.

17. The operator or operational center monitors the participant's compliance with the information protection requirements defined by the internal documents of the payment card systems and agreements concluded with the participant.

In the event of a violation by a participant of the security requirements established by the agreement concluded between the operator, the operations center and the participant, and by the internal documents of the payment card system, the operator or the operations center shall take the necessary emergency measures in accordance with the agreement concluded between the operator, the operations center and the participant, up to and including disconnecting the participant, if the participant's violation of the security requirements endangers the security of other participants.