«ҚАЗАҚСТАН
РЕСПУБЛИКАСЫНЫҢ
ҰЛТТЫҚ БАНКІ»
РЕСПУБЛИКАЛЫҚ
МЕМЛЕКЕТТІК МЕКЕМЕСІ
БАСҚАРМАСЫНЫҢ
ҚАУЛЫСЫ
31 August 2016
Almaty city

REPUBLICAN
STATE
INSTITUTION
«NATIONAL BANK
OF THE REPUBLIC OF KAZAKHSTAN»
RESOLUTION
OF THE BOARD
No. 209
Almaty city

On approval of the Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations

Registered by the Ministry of Justice of the Republic of Kazakhstan on 18 October 2016 under No. 14336

(as amended and supplemented as of 27.08.2018)

The preamble is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see the old wording)

In accordance with the laws of the Republic of Kazakhstan dated 30 March 1995 «On the National Bank of the Republic of Kazakhstan», dated 19 March 2010 «On State Statistics», dated 26 July 2016 «On Payments and Payment Systems», for the purpose of establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations, the Board of the National Bank of the Republic of Kazakhstan RESOLVES:

1. To approve the attached Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations.

2. To recognize as no longer in force the resolution of the Board of the National Bank of the Republic of Kazakhstan, as well as the structural elements of certain resolutions of the Board of the National Bank of the Republic of Kazakhstan, according to the list in the appendix to this resolution.

3. The Department of Payment Systems (Ashykbekov E.T.) shall, in the manner established by the legislation of the Republic of Kazakhstan, ensure:

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

2) sending this resolution to the republican state enterprise with the right of economic management «Republican Center for 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 this resolution on the official internet resource of the National Bank of the Republic of Kazakhstan after its official publication.

4. The Department for the Protection of the Rights of Consumers of Financial Services and External Communications (Terentyev A.L.) shall ensure that this resolution is sent 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. Control over the execution of this resolution shall be entrusted to the Deputy Chairman of the National Bank of the Republic of Kazakhstan Pirmatov G.O.

6. This resolution shall enter into force upon the expiration 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 dated 31 August 2016 No. 209

Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations

Chapter 1. General provisions

Paragraph 1 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see the old wording)

1. These Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations (hereinafter referred to as the Rules) have been developed in accordance with the Civil Code of the Republic of Kazakhstan (Special Part) dated 1 July 1999 (hereinafter referred to as the Civil Code), the Code of the Republic of Kazakhstan dated 25 December 2017 «On Taxes and Other Mandatory Payments to the Budget (Tax Code)» (hereinafter referred to as the Tax Code), the laws of the Republic of Kazakhstan dated 30 March 1995 «On the National Bank of the Republic of Kazakhstan», dated 31 August 1995 «On Banks and Banking Activity in the Republic of Kazakhstan» (hereinafter referred to as the Law on Banks and Banking Activity), dated 28 August 2009 «On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism» (hereinafter referred to as the Law on AML/CFT), dated 26 July 2016 «On Payments and Payment Systems» (hereinafter referred to as the Law on Payments and Payment Systems), dated 19 March 2010 «On State Statistics», other legislative acts of the Republic of Kazakhstan and normative legal acts of the National Bank of the Republic of Kazakhstan (hereinafter referred to as the National Bank) and determine the procedure for opening, maintaining and closing correspondent accounts in national and foreign currency of banks, as well as organizations carrying out certain types of banking operations (hereinafter referred to as non-bank organizations) with the National Bank.

Paragraph 2 has been amended in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old wording)

2. The procedure for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks (non-bank organizations) includes the opening, maintaining and closing of a correspondent account with the National Bank.

Correspondent accounts are opened after the conclusion between the National Bank and the bank (non-bank organization) of a correspondent account agreement. Correspondent accounts are opened and maintained both in national currency and in foreign currency. The correspondent account agreement is an adhesion agreement, the terms of which are accepted by the bank (non-bank organization) only by adhering to the proposed agreement as a whole (including amendments and (or) additions to the agreement) on the basis of a written application submitted in free form signed by authorized persons of the bank (non-bank organization) (hereinafter - the application).

In accordance with the correspondent account agreement, the National Bank undertakes to accept money received in favor of the bank (non-bank organization), to execute their orders for the transfer (issuance) of the corresponding amounts of money to the bank (non-bank organization) or third parties, to carry out the acceptance and issuance of cash in the national currency and to provide other services stipulated by the correspondent account agreement.

See: Resolution of the Board of Directors of the National Bank of the Republic of Kazakhstan dated 31 May 2017 No. 83 "On approval of the Model Adhesion Agreements for servicing a correspondent account in the national currency, in the national currency with users of the interbank money transfer system and in foreign currency with the National Bank"

3. The Rules do not apply to the balance sheet accounts of the National Bank reflecting accounting positions, personal accounts (sub-positions) that are components of a balance sheet account, including loan accounts.

4. The Rules use the concepts provided for by the Law on Payments and Payment Systems, the Instruction on the assignment, use and cancellation by the National Bank of the Republic of Kazakhstan of bank identification codes, as well as the assignment and cancellation of codes of banks 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 and organizations carrying out certain types of banking operations, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 24 August 2012 No. 236 "On approval of the Instruction on the assignment, use and cancellation by the National Bank of the Republic of Kazakhstan of bank identification codes, as well as the assignment and cancellation of codes of banks 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 and organizations carrying out certain types of banking operations", registered in the Register of state registration of normative legal acts under No. 7960, (hereinafter - Instruction No. 236).

5. Consideration of the application and documents submitted by the bank (non-bank organization) for opening a correspondent account with the National Bank is carried out within one month from the day of submission of the complete package of documents.

The bank (non-bank organizations), when changing its details (name of the bank (non-bank organization), business identification number), within ten working days notifies the National Bank in writing thereof with supporting documents attached.

If the submitted documents for opening a correspondent account do not comply with the requirements established by the Rules, the National Bank returns them indicating the reason for the return.

Chapter 2. Procedure for opening a correspondent account with the National Bank

Paragraph 1. Opening a correspondent account for a resident bank of the Republic of Kazakhstan

Item 6 was amended in accordance with resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see previous version)

6. A resident bank of the Republic of Kazakhstan, for opening a correspondent account, submits to the National Bank the documents provided for by the Rules for opening, maintaining and closing bank accounts of clients, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 207, registered in the Register of state registration of normative legal acts under No. 14422 (hereinafter - Rules No. 207), as well as the following documents:

1) an application in free form addressed to the Chairman of the National Bank for opening a correspondent account indicating the type of currency;

2) a certificate of state registration (re-registration) of the legal entity;

3) documents on the basis of which the powers to perform operations on the correspondent account were granted to authorized persons.

7. After the resident bank of the Republic of Kazakhstan adheres to the correspondent account agreement, the National Bank assigns it an individual identification code, a bank identification code and a bank code. The bank identification code and the bank code are assigned in accordance with Instruction No. 236.

8. A resident bank of the Republic of Kazakhstan, within ten working days from the day of opening a correspondent account with the National Bank, in order to obtain the status of a participant in payment systems, the operator of which is the National Bank (hereinafter - payment systems), concludes with the National Bank an agreement on participation in the payment system (hereinafter - the participation agreement) and with the republican state enterprise "Kazakhstan Center for Interbank Settlements of the National Bank of the Republic of Kazakhstan" (hereinafter - the Center) an agreement on the processing and issuance of payment and information messages (hereinafter - the agreement on the provision of services in the system).

Paragraph 2. Opening a correspondent account for the central (national) bank of a foreign state

Item 9 was amended in accordance with resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see previous version)

9. The central (national) bank of a foreign state, for opening a correspondent account, submits to the National Bank the documents provided for by Rules No. 207, as well as an application in free form addressed to the Chairman of the National Bank for opening a correspondent account indicating the type of currency.

It is allowed to submit a document with specimen signatures and seal imprint (an album with specimen signatures and seal imprint) in free form, provided it contains the name of the central (national) bank, the surnames, first names and patronymics (if any) of the persons authorized to sign payment documents, specimen signatures of said persons, as well as the seal imprint.

10. After the central (national) bank of a foreign state accedes to the correspondent account agreement, the National Bank assigns it an individual identification code.

Upon the application of the central (national) bank of a foreign state to obtain the status of a participant in payment systems, the National Bank assigns it a bank code, as well as a bank identification code, or the central (national) bank of the foreign state uses the bank identification code assigned in accordance with the international standard ISO (International Organization for Standartization) 9362: Bank Identifier Code after its inclusion in the Bank Directory in accordance with the requirements of Instruction No. 236.

Paragraph 3. Opening a correspondent account for a bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan

11. For a bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan, the opening of a correspondent account with the National Bank is carried out in one of the following cases:

1) their participation in interstate, intergovernmental and other international-level programs, according to the terms of which the opening of a correspondent account with the National Bank is required;

2) submission of a petition by the central (national) bank of the country of the non-resident of the Republic of Kazakhstan for the opening of a correspondent account with the National Bank.

Clause 12 was amended in accordance with resolutions of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see previous version); by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see previous version)

12. A bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan, in order to open a correspondent account, shall submit to the National Bank the documents provided for by Rules No. 207, as well as the following documents:

1) an application in free form addressed to the Chairman of the National Bank for the opening of a correspondent account, indicating the type of currency;

2) constituent documents or documents (agreements) containing information about the type of activity carried out;

3) the original or a notarized copy of an extract from the trade register or another document of a similar nature containing information about the body that registered the non-resident legal entity, the registration number, date and place of registration, certified with a translation into Kazakh or Russian, and, if necessary, legalized or apostilled;

4) a notarized copy of the license to conduct banking operations issued by the authorized body of the country of the non-resident, or other documents confirming the right to conduct banking operations without obtaining a license;

5) it is allowed to submit a document with specimen signatures (an album with specimen signatures) in free form, provided it contains the name of the bank (non-bank organization), the surnames, first names and patronymics (if any) of the persons authorized to sign payment documents, specimen signatures of said persons;

6) if available, a copy of the registration certificate of the non-resident as a taxpayer.

If the documents specified in subparagraphs 2), 3), 4) and 5) of the first part of this clause are drawn up in a foreign language, the bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan shall submit to the National Bank their notarized translation into Kazakh or Russian.

Clause 13 was amended in accordance with resolutions of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see previous version)

13. After the bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan accedes to the correspondent account agreement, the National Bank assigns an individual identification code.

Upon the application of the bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan to obtain the status of a participant in payment systems, the National Bank assigns a bank identification code, or the bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan uses the bank identification code assigned in accordance with the international standard ISO (International Organization for Standartization) 9362: Bank Identifier Code after its inclusion in the Bank Directory in accordance with Instruction No. 236.

The National Bank, upon the application of the bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan, assigns a bank code in the manner provided for by Instruction No. 236.

14. A bank (non-bank organization) that is a non-resident of the Republic of Kazakhstan, which has opened a correspondent account in the national currency, in order to obtain the status of a participant in payment systems, shall conclude an agreement on participation with the National Bank and an agreement on the provision of services in the system with the Center.

Paragraph 4. Opening a correspondent account for a non-bank organization that is a resident of the Republic of Kazakhstan

Clause 15 was amended in accordance with resolutions of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see previous version)

15. A non-bank organization that is a resident of the Republic of Kazakhstan, in order to open a correspondent account in the national currency, shall submit to the National Bank the documents provided for by Rules No. 207, as well as the following documents:

1) an application in free form addressed to the Chairman of the National Bank for the opening of a correspondent account in the national currency;

2) a certificate of state registration (re-registration) of the legal entity;

3) the charter or a notarized copy of the charter or a document confirming the fact that the client carries out activities on the basis of a model charter;

4) documents on the basis of which the powers to perform operations on the correspondent account were granted to authorized persons;

5) justification of the need to connect to the payment system, including the following information:

• the estimated number and volume of transactions through the interbank money transfer system (per month);

• the list of transactions for which connection to the payment system is necessary;

• the estimated number of clients of the non-bank organization;

• description of the organizational and software-technological measures used in the non-bank organization to protect information from unauthorized access;

• description of the software and hardware and telecommunications lines used by the non-bank organization.

  16. Opening of a correspondent account in national currency for a non-bank organization resident of the Republic of Kazakhstan that has a license to conduct operations for the collection of banknotes, coins and valuables is allowed when it combines activities for the recounting, sorting, packaging, storage of banknotes, coins and valuables, as well as their issuance to banks and their clients on behalf of banks.

Paragraph 17 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old wording)

17. To open a correspondent account in foreign currency with the National Bank, a non-bank organization resident of the Republic of Kazakhstan submits the documents provided for by Rules No. 207 and subparagraphs 1), 2), 3) and 4) of paragraph 15 of the Rules.

18. After the accession of a non-bank organization resident of the Republic of Kazakhstan to the correspondent account agreement, the National Bank assigns it an individual identification code, a bank identification code and a bank code. The bank identification code and bank code are assigned in accordance with Instruction No. 236.

19. A non-bank organization resident of the Republic of Kazakhstan opens a correspondent account in national currency to obtain the status of a participant in payment systems and, within one month from the day of opening the correspondent account with the National Bank, concludes with the National Bank an agreement on participation and with the Center an agreement on the provision of services in the system.

If the status of a participant in payment systems is not obtained within the period provided for by this paragraph, the National Bank terminates the correspondent account agreement with the non-bank organization resident of the Republic of Kazakhstan.

Paragraph 5. Opening of a correspondent account for a non-bank organization that is a subsidiary organization of the National Bank

Paragraph 20 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old wording)

20. A non-bank organization that is a subsidiary organization of the National Bank (hereinafter - the subsidiary organization), in order to open a correspondent account in national and foreign currency, submits to the National Bank the documents provided for by Rules No. 207 and subparagraphs 1), 2), 3) and 4) of paragraph 15 of the Rules.

21. After the accession of the subsidiary organization to the correspondent account agreement, the National Bank assigns it an individual identification code, a bank identification code and a bank code. The bank identification code and code are assigned in accordance with Instruction No. 236.

Paragraph 6. General requirements for opening correspondent accounts with the National Bank

22. When opening correspondent accounts, in addition to the documents provided for by the Rules, the National Bank is allowed to obtain additional documents from the bank (non-bank organization) in accordance with the Law on AML/CFT.

Paragraph 23 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old wording); resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see old wording)

23. When a bank (non-bank organization) opens a second and subsequent correspondent accounts with the National Bank, if there are no changes in the documents previously submitted to the National Bank at the time of opening the said accounts, re-submission of the documents provided for by the Rules is not required, except for the document with specimen signatures in the form provided for by Rules No. 207.

Paragraph 24 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see old wording)

24. Not later than one business day following the day of opening a correspondent account for a bank (non-bank organization), except for correspondent accounts of banks (non-bank organizations) that are non-residents of the Republic of Kazakhstan, the National Bank notifies the state body that, within its competence, ensures the receipt of taxes and payments to the budget, customs regulation in the Republic of Kazakhstan, the powers to prevent, detect, suppress, disclose and investigate criminal and administrative offenses assigned by the legislation of the Republic of Kazakhstan to the jurisdiction of this body, and also performs other powers provided for by the legislation of the Republic of Kazakhstan (hereinafter - the state revenue body) of the opening of the said accounts by transmission over a telecommunications network ensuring guaranteed delivery of messages, indicating the identification number.

Paragraph 25 has been amended in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old wording)

25. The correspondent account agreement, a copy of the notification by the National Bank to the state revenue bodies of the opening of a correspondent account, as well as the documents submitted by the bank (non-bank organization) for opening a correspondent account, are filed and stored in a specially opened file for each bank (non-bank organization) (hereinafter - the File). If a bank (non-bank organization) obtains the status of a participant in payment systems, copies of the participation agreement and the agreement on the provision of services in the system are also added to the File.

The File of the bank (non-bank organization) also stores documents submitted earlier and amended, on which the mark "replaced" is placed indicating the surname, name, patronymic (if any) and signature of the responsible employee. Changed documents with specimen signatures and seal impressions in the form provided for by Rules No. 207 shall be crossed out crosswise and marked with a note on replacement with new documents, indicating their details.

Chapter 3. Maintaining a correspondent account with the National Bank

Paragraph 1. General requirements for maintaining a correspondent account of a bank (non-bank organization)

26. The National Bank shall ensure the right of a bank (non-bank organization) to freely dispose of the money held in a correspondent account with the National Bank and shall make payments and (or) money transfers within the amount of the balance on it in accordance with the correspondent account agreement.

The powers for the right to dispose of a correspondent account shall be granted on the basis of constituent documents or orders of the heads, a power of attorney for the right to dispose of a correspondent account or to perform operations on a correspondent account, or other documents on the basis of which such powers are granted.

27. The withdrawal of money of a bank (non-bank organization) without its consent, as well as restriction of the rights of a bank (non-bank organization) to dispose of money held in a correspondent account with the National Bank, shall be carried out in the cases provided for by the Civil Code, the Tax Code, the Law on AML/CFT and (or) the correspondent account agreement between the bank (non-bank organization) and the National Bank.

Item 28 is set out in the wording of the resolution of the Board of the National Bank of the RK dated 22.12.17 No. 248 (see the old wording)

28. A bank (non-bank organization) shall submit payment documents to the National Bank for execution in the procedure provided for by the Law on Payments and Payment Systems, the Rules for Making Non-Cash Payments and (or) Money Transfers in the Territory of the Republic of Kazakhstan, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 208, registered in the Register of State Registration of Normative Legal Acts under No. 14419 (hereinafter - Rules No. 208), and the correspondent account agreement.

29. When transmitting a payment document to the National Bank, the bank (non-bank organization) authorizes the National Bank to transfer its money in favor of the person indicated in the payment document.

30. Electronic documents in the national currency shall be sent by the bank (non-bank organization) to the National Bank in the formats used in the payment systems of the Center, electronic payment documents in foreign currency - in formats corresponding to the requirements of international systems.

31. In case of refusal to execute a payment document, the National Bank shall notify the bank (non-bank organization) of the refusal to execute, indicating the reason, within the time periods provided for by the Law on Payments and Payment Systems.

32. Payment claims and collection orders submitted against the correspondent account of a bank (non-bank organization) and received by the National Bank shall be registered in the relevant registration journals.

33. Revocation of a collection order, as well as suspension of execution of a collection order, shall be carried out on the basis of an order to revoke the instruction containing the details of that collection order.

Suspension of execution of an instruction or revocation of an instruction shall be carried out before its execution by the National Bank.

34. The National Bank shall execute instructions of the bank (non-bank organization) and claims of third parties within the time periods established by the Law on Payments and Payment Systems, the Tax Code and the Law on AML/CFT.

35. In order to protect against unauthorized payments, the National Bank shall develop and apply protective action procedures. As elements of protective actions, the signature, including electronic digital signature, of the authorized person (persons), seals (if any), algorithms, codes (numeric, alphabetic, using symbols and combined), identifier words or identification codes, encryption, biometric data or other methods of protection that do not contradict the legislation of the Republic of Kazakhstan shall be used.

The National Bank and the bank (non-bank organization), in accordance with the correspondent account agreement, shall comply with the protective action procedures and ensure the safekeeping of information on the procedure for applying and carrying out these procedures.

36. In order to complete payments and (or) money transfers in the interbank money transfer system, on the basis of an application of the bank (non-bank organization), the National Bank shall provide additional liquidity to the bank (non-bank organization) by concluding transactions for the purchase of securities with reverse sale on the basis of an agreement concluded between the National Bank and the bank (non-bank organization).

37. After the completion of the operational day for operations performed on the acceptance (crediting) and withdrawal (debiting) of money of the bank (non-bank organization), the National Bank shall draw up a statement from the correspondent account, which shall be transmitted to the bank (non-bank organization) at the time established by the Schedule of the Operational Day of the National Bank (hereinafter - the Schedule of the Operational Day).

38. In accordance with the correspondent account agreement, based on the statements received from the National Bank, the bank (non-bank organization) shall carry out daily control of the correctness of reflection in its internal correspondent account of the amounts of payments made reflected in the correspondent account with the National Bank.

39, 40. Excluded in accordance with resolution of the Board of the National Bank of the RK dated 27.08.18 No. 182 (see the old wording)

The Rules are supplemented with item 40-1 in accordance with resolution of the Board of the National Bank of the RK dated 27.08.18 No. 182

40-1. The National Bank returns without execution the unexecuted claims to the correspondent account, acts on the temporary restriction on the disposal of property, decisions and (or) orders of authorized state bodies or officials on the suspension of expenditure operations on the correspondent account of a bank (non-bank organization), as well as acts on the seizure of money held in the correspondent account of a bank (non-bank organization), upon closure of the correspondent account of a bank (non-bank organization) in the manner determined by the Law on Payments and Payment Systems, Rules No. 207 and the Rules.

Paragraph 2. Maintaining the correspondent account of a bank resident of the Republic of Kazakhstan under a conservation regime

41. When payment claims are presented to the correspondent account of a bank for previously accepted obligations of the bank, on which restrictions have been imposed by an authorized state body or temporary administration (temporary bank manager), the execution period of these documents is suspended until the said persons cancel the decision to impose restrictions on the bank's activities.

42. Payment claims whose execution period is suspended are kept at the National Bank and recorded on an off-balance sheet account.

When these payment documents are recorded on the off-balance sheet account, the National Bank, no later than the next business day, sends a corresponding notification to the sender (initiator) of the instruction and the temporary administration (temporary manager).

43. Execution of payment claims held on the off-balance sheet account is carried out if there are sufficient funds in the bank's correspondent account in the order of their receipt (calendar priority).

If there are insufficient funds in the bank's correspondent account to execute payment claims debited from the off-balance sheet account, these payment claims are placed in the card index "Unexecuted instructions subject to execution within indefinite periods" (hereinafter - the card index) until the amount of money is received in the correspondent account for the subsequent payment and (or) transfer of money. Payment claims are kept in the card index for one year from the day they are placed in the card index.

Item 44 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old wording)

44. Collection orders presented to the correspondent account of a bank are executed in the manner established by the Civil Code, the Tax Code, the Law on Banks and Banking Activity, the Law on Payments and Payment Systems, the Law of the Republic of Kazakhstan dated 2 April 2010 "On Enforcement Proceedings and the Status of Judicial Executors" and Rules No. 208.

Item 45 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old wording)

45. Execution of payment documents held in the card index is carried out in the priority provided for by the Civil Code, the Tax Code, the Law on Payments and Payment Systems and in the manner established by Rules No. 208. Execution of payment documents belonging to one priority group is carried out in the time order of their receipt by the National Bank.

46. After the termination of the bank's conservation in connection with the improvement of its financial position and the cancellation of the decision of the authorized state body or the bank's temporary administration (temporary bank manager) to impose restrictions on the bank's activities:

1) if there are sufficient funds in the bank's correspondent account, collection orders of state revenue bodies for the collection of amounts of tax debt are executed as a matter of priority. Execution of other claims presented to the bank's correspondent account is carried out in calendar priority in the order of their presentation to the bank's correspondent account, and they are debited from the off-balance sheet account;

2) if there are insufficient funds in the bank's correspondent account, execution of the presented claims is carried out in the priority provided for by the Civil Code.

47. When a liquidation commission is appointed by a court decision on the forced liquidation of a bank, payment documents held in the card index and on the off-balance sheet account are transferred to the liquidation commission under an acceptance-transfer act and are simultaneously debited from the corresponding off-balance sheet accounts.

Paragraph 3. Maintaining the correspondent account of a bank resident of the Republic of Kazakhstan deprived of a license to conduct banking operations

48. When a bank is deprived of a license to conduct banking operations, expenditure operations on the bank's correspondent account carried out through payment systems are terminated, except in cases related to expenses provided for by the Rules for the Appointment and Powers of the Temporary Administration (Temporary Administrator) of a Bank, Insurance (Reinsurance) Organization, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 16 July 2014 No. 147 "On Approval of the Rules for the Appointment and Powers of the Temporary Administration (Temporary Administrator) of a Bank, Insurance (Reinsurance) Organization", registered in the Register of State Registration of Normative Legal Acts under No. 9711, (hereinafter - Rules No. 147), which are carried out through the National Bank, and with the crediting of money received by the bank. Execution of payment documents placed in the card index, including partially executed ones, is suspended.

49. Payment claims for previously accepted obligations of the bank are not executed and are recorded on the off-balance sheet account, except for payment claims related to expenses provided for by Rules No. 147.

50. Collection orders presented to the correspondent account after deprivation of the license to conduct banking operations are not executed and are recorded on the off-balance sheet account.

51. When payment documents are recorded on the off-balance sheet account, the National Bank, no later than the next business day, sends a corresponding notification to the sender (initiator) of the instruction. The National Bank monthly provides the temporary administration (temporary administrator) with information on accepted accounting payment documents presented to the bank's correspondent account.

52. When a liquidation commission is appointed by a court decision on forced liquidation of a bank, payment documents located in the card index and on the off-balance sheet account are transferred by an acceptance-transfer act to the liquidation commission and simultaneously written off from the corresponding off-balance sheet accounts.

Paragraph 4. Maintaining the correspondent account of a resident bank of the Republic of Kazakhstan during its restructuring

Clause 53 was amended in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old version)

53. After the National Bank receives a copy of a court decision that has entered into legal force on the restructuring of a bank, the execution of previously presented payment claims and collection orders of bailiffs under enforcement documents, including partially executed ones, is suspended, and a request with a register of suspended payment claims and collection orders is sent to the bank.

Payment claims and collection orders of bailiffs under enforcement documents, obligations for which are suspended by the bank and contained in the bank's restructuring plan, are recorded on an off-balance sheet account until the termination of the bank's restructuring.

When these payment documents are recorded on the off-balance sheet account, the National Bank, no later than the next business day, sends a corresponding notification to the sender (initiator) of the instruction and to the bank.

Payment claims and collection orders of bailiffs under enforcement documents, obligations for which are not suspended by the bank and not included in the restructuring plan, are executed in the manner prescribed by the Law on Payments and Payment Systems and Rules No. 208.

During the period of the bank's restructuring, the execution of previously presented acts on the seizure of the bank's money, orders (decisions) of authorized state bodies or officials on the suspension of expenditure operations on the bank's correspondent account, and temporary restrictions on the disposal of property is suspended.

Clause 54 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old version)

54. Collection orders of state revenue bodies presented to the bank's correspondent account are executed in the manner established by the Tax Code, the Law on Payments and Payment Systems and Rules No. 208.

55. In the event of presentation to the bank's correspondent account during the restructuring period of collection orders of bailiffs under enforcement documents, the National Bank performs the actions provided for in clause 53 of the Rules.

56. Revocation of payment documents is carried out on the basis of a written instruction from the sender (initiator) to revoke the instruction.

57. After the termination of the bank's restructuring due to the improvement of its financial position and the receipt by the National Bank of a copy of a court decision that has entered into legal force on the termination of restructuring, payment documents located in the card index, for which obligations were suspended and contained in the restructuring plan, are returned without execution to the initiator of the payment.

58. A copy of the court decision that has entered into legal force on the termination of restructuring is sent by banks to the National Bank no later than the day following the day of its receipt, in accordance with the Law on Banks and Banking Activity.

Paragraph 5. Acceptance and issuance of cash in national currency

59. In accordance with correspondent account and cash service agreements, the National Bank issues cash in national currency to a bank (non-bank organization) and (or) its branch, and also accepts it through the cash desks of branches of the National Bank.

60. The issuance of cash in national currency to a bank (non-bank organization) or its branch, as well as its acceptance and counting from a bank (non-bank organization) or its branch, is carried out by a branch of the National Bank in accordance with the Rules for Conducting Cash Operations with Individuals and Legal Entities in the National Bank of the Republic of Kazakhstan, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 24 December 2014 No. 247 "On approval of the Rules for Conducting Cash Operations with Individuals and Legal Entities in the National Bank of the Republic of Kazakhstan", registered in the Register of State Registration of Normative Legal Acts under No. 10204, (hereinafter - Rules No. 247).

Clause 61 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248 (see old version)

61. For a bank (non-bank organization) and (or) its branch to receive national currency at the cash desks of a branch of the National Bank, an application for reserving money on the correspondent account of the bank (non-bank organization) and receiving cash by the bank (non-bank organization) and (or) a branch of the bank (non-bank organization) (hereinafter - application for reservation) is submitted in accordance with the correspondent account agreement via the automated information subsystem between the National Bank and the bank (non-bank organization) in the form according to Appendix 3 to the Rules.

62. In the absence of the possibility of using the automated information subsystem between the National Bank and the bank (non-bank organization), the application for reservation is submitted by facsimile communication or through an authorized person of the bank (non-bank organization).

The received application for reservation is registered by the National Bank in a special journal indicating the date and number of the application, the name of the bank (non-bank organization), and the amount of money reserved on the correspondent account of the bank (non-bank organization).

63. The National Bank cancels the application for reservation on one of the following grounds:

1) if the amount of reserved money specified in the reservation application exceeds the balance of money in the bank's (non-bank organization's) correspondent account;

2) by order of the bank (non-bank organization);

3) upon receipt from the bank (non-bank organization) of a new reservation application to replace a previously accepted one;

4) upon receipt from the bank (non-bank organization) of a reservation application after the completion of acceptance of reservation applications according to the Operational Day Schedule;

5) if there are insufficient funds in the bank's (non-bank organization's) correspondent account to execute a collection order and (or) payment claim and the submission to the bank's (non-bank organization's) correspondent account of acts imposing arrest on the bank's (non-bank organization's) money, orders (decisions) of authorized state bodies or officials to suspend expenditure operations on the bank's (non-bank organization's) correspondent account, temporary restrictions on the disposal of property;

6) in the event of non-fulfillment and (or) improper fulfillment by the bank (non-bank organization) of obligations to the National Bank;

7) in the event that, when granting a loan to the bank (non-bank organization), the amount of the balance of money in the correspondent account after execution of the money reservation application will be insufficient to reimburse the amount of the granted loan and the remuneration thereon, taking into account the penalty, debt collection expenses and other possible expenses.

Simultaneously, a notification of cancellation of the reservation application, indicating the reason for cancellation, is sent to the bank (non-bank organization).

64. A reservation application under the correspondent account agreement is not cancelled by the bank (non-bank organization) if one of the branches of the National Bank has begun its execution.

65. On the basis of the reservation application and if there are sufficient funds in the bank's (non-bank organization's) correspondent account, the National Bank reserves money in the bank's (non-bank organization's) correspondent account.

66. At the beginning of the day of issuance of cash, on the basis of the reservation application, the National Bank forms and sends in electronic form to the relevant branches of the National Bank a consolidated statement for obtaining cash by the bank (non-bank organization) and (or) a branch of the bank (non-bank organization) through a branch of the National Bank (hereinafter - the statement) in the form according to Appendix 2 to the Rules.

67. The statements formed by the National Bank are sent to the branches of the National Bank through the automated banking information subsystem.

68. In the absence of grounds for refusal to issue cash provided for by paragraph 70 of the Rules, upon a check presented by the bank (non-bank organization) or its branch to a branch of the National Bank, the branch of the National Bank issues cash to the bank (non-bank organization) or its branch.

69. After issuing cash, the branch of the National Bank forms an expenditure cash order for debiting money from the bank's (non-bank organization's) correspondent account.

Paragraph 70 was amended in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old version)

70. The grounds for refusal to issue cash are:

1) excess of the amount specified in the check over the amount specified in the reservation application;

2) absence of a reservation application;

3) execution of the check in violation of the requirements established by the Rules for the Use of Checks in the Territory of the Republic of Kazakhstan, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 204, registered in the Register of State Registration of Normative Legal Acts under No. 14346;

4) non-compliance with other requirements established by Rules No. 247 and (or) the terms of correspondent account and cash servicing agreements.

71. When accepting cash from the bank (non-bank organization) or its branch, the branch of the National Bank forms a receipt cash order for the amount of accepted cash to credit this amount to the bank's (non-bank organization's) correspondent account.

72. The amount of surplus identified during the recount of cash accepted from the bank (non-bank organization) and (or) its branch is credited to the bank's (non-bank organization's) correspondent account, and the amount of shortage is debited from the bank's (non-bank organization's) correspondent account without their consent in accordance with the correspondent account agreement concluded between the National Bank and the bank (non-bank organization).

Chapter 4. Procedure for closing a correspondent account with the National Bank

73. Closing of a correspondent account is carried out on the basis of an application of the bank (non-bank organization) or independently by the National Bank in cases of termination or refusal to perform the correspondent account agreement on the grounds and in the manner determined by the Law on Payments and Payment Systems, unless otherwise provided by the legislation of the Republic of Kazakhstan or the correspondent account agreement.

If there is a balance in the correspondent account, the bank (non-bank organization) submits to the National Bank a payment document for transferring the balance of money from the correspondent account in the manner provided for by the correspondent account agreement.

74. Upon closing of the correspondent account, the correspondent account agreement is terminated with subsequent annulment of the individual identification code, bank identification code and code of the bank (non-bank organization), if it was assigned in accordance with Instruction No. 236.

75. Upon closing of the correspondent account, the National Bank does not return to the bank (non-bank organization) the documents received by it upon opening the correspondent account.

Paragraph 76 is set out in the wording of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see the old version)

76. Closing of a correspondent account is not allowed in the cases provided for by the Law on Payments and Payment Systems and Rules No. 207.

77. The National Bank, after closing a correspondent account of a bank (non-bank organization), except for a correspondent account of a non-resident bank of the Republic of Kazakhstan, notifies the state revenue body, via a telecommunications network ensuring guaranteed delivery of messages, no later than one business day following the day of closing, indicating the identification number.

If notification of the closing of a correspondent account via transmission over the telecommunications network is impossible due to technical problems, the National Bank shall send the notification on paper to the tax authority at the location of the bank (non-bank organization) within three business days.

A copy of the notification of the closing of the correspondent account is kept in the File.

Appendix 1 is set out in the wording of the resolution of the Board of the National Bank of the RK dated 22.12.17 No. 248 (see old wording)

Appendix 1
to the Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations

Form intended for the collection of administrative data

Statement of confirmation of balances on correspondent accounts

________________________________________________________________________________ ______ (name of the bank, organization carrying out certain types of banking operations)

Reporting period: as of __________________ 20 ___ year Index: VKS-1 Frequency: monthly Presented by:
1) banks
2) organizations carrying out certain types of banking operations (hereinafter -
non-bank organizations)
Where the form is submitted: National Bank of the Republic of Kazakhstan (hereinafter - National Bank) Deadline for submission: by the tenth day of the month following the reporting month

No. p/p	Number of the correspondent account opened with the National Bank	Account currency	Balance	Number of the internal correspondent account	Account currency	Balance	Discrepancy	Note
1	2	3	4	5	6	7	8	9

First head (during his absence - the person replacing him) _________________________________________ ________________ surname, name, patronymic (if any) signature

Chief accountant

---

________________ surname, name, patronymic (if any) signature

Executor:
____________________________________________________________ _____________ position, surname, name, patronymic signature telephone (if available)

Date of signing the report "____" ______________ 20 ___ year

Note: An explanation on completing the form intended for the collection of administrative data is provided in the appendix to this form

Appendix
to the form Statement of confirmation of balances on correspondent accounts

Explanation on completing the form intended for the collection of administrative data Statement of confirmation of balances on correspondent accounts

Chapter 1. General provisions

1. This explanation defines the requirements for completing the form intended for the collection of administrative data "Statement of confirmation of balances on correspondent accounts" (hereinafter - the Form).

2. The Form has been developed in accordance with the Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 209, registered in the Register of state registration of normative legal acts under No. 14336.

3. The Form is compiled monthly by a bank (non-bank organization).

4. The Form is signed by an authorized person of the bank (non-bank organization) and the chief accountant.

Chapter 2. Completion of the Form

5. In column 2, the number of the correspondent account opened with the National Bank is indicated.

6. In column 3, the type of currency of the correspondent account opened with the National Bank is indicated.

7. In column 4, the balance of money in the correspondent account opened with the National Bank is indicated.

8. In column 5, the number of the internal correspondent account of the bank (non-bank organization) is indicated.

9. In column 6, the type of currency of the internal correspondent account of the bank (non-bank organization) is indicated.

10. In column 7, the balance of money in the internal correspondent account of the bank (non-bank organization) is indicated.

11. In column 8, the difference between the amount of the balance in the correspondent account opened with the National Bank and the amount in the internal correspondent account of the bank (non-bank organization) is indicated.

12. In column 9, the reasons for the discrepancy between the balances of money in the correspondent account opened with the National Bank and the internal correspondent account of the bank (non-bank organization) are indicated.

Note: Columns 8 and 9 are completed if there is a discrepancy between the amount of the balance in the correspondent account opened with the National Bank and the amount of the balance in the internal correspondent account of the bank (non-bank organization).

Appendix 2
to the Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations

Form
National Bank of the Republic of Kazakhstan

Summary statement dated "__" _________________ 20_ year for obtaining cash by a bank (non-bank organization) and (or) a branch of a bank (non-bank organization) through ___________________________________ branch of the National Bank (name)

No.	Name of the bank (non-bank organization) that submitted the application for reserving money	Code of the bank (non-bank organization)	Application number	Name of the recipient of the money	Code of the recipient bank of the money	Amount of the limit for issuing cash
						In figures	In words
1
2
Total:

Signatures of authorized persons of the subdivision of the National Bank for accounting of monetary operations Surname, name, patronymic (if available)

The Rules have been supplemented with Appendix 3 in accordance with resolution of the Board of the National Bank of the Republic of Kazakhstan dated 22.12.17 No. 248; amendments have been made in accordance with resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.18 No. 182 (see previous version)

Appendix 3 to the Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations

Form

"____" ____________ 20 ___ year
National Bank of the Republic of Kazakhstan
Department of accounting of monetary operations

Application No. ______ for reserving money in the correspondent account of a bank (non-bank organization) and obtaining cash by a bank (non-bank organization) and (or) a branch of the bank

Name of the bank (non-bank organization)

---

________________________________________________________________________________ ___ Bank identification code of the bank (non-bank organization) ___________________ ________________________________________________________________________________ ___ Correspondent account number of the bank (non-bank organization) _______________________ ________________________________________________________________________________ ___ Amount of reserved money in the correspondent account of the bank (non-bank organization) ________________________________________________________________________________ ___ (in figures) ________________________________________________________________________________ ___ (in words) Reservation date «____» ______________ 20 ___ Amount of cash to be issued:

№	Bank identification code /Bank code (non-bank organization)	Name of the bank (non-bank organization) or bank branch	Branch of the National Bank of the Republic of Kazakhstan	Amount for issuance of cash
				in figures	in words

1	2	3	4	5	6
1.
2.
Total:

Authorized person of the bank (non-bank organization) ________________________________________________________________________________ ___ ________________________________________________________________________________ ___ (surname, name, patronymic (if any) and signature)

Chief accountant of the bank
(non-bank organization)
________________________________________________________________________________ ___ ________________________________________________________________________________ ___ (surname, name, patronymic (if any) and signature)

Appendix
to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 209

List of the resolution of the Board of the National Bank of the Republic of Kazakhstan, as well as structural elements of certain resolutions of the Board of the National Bank of the Republic of Kazakhstan, recognized as having lost force

1. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 3 February 2014 No. 14 «On approval of the Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations» (registered in the Register of state registration of normative legal acts under No. 9247, published on 1 April 2014 in the information-legal system «Әділет» of the republican state enterprise with the right of economic management «Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan»).

2. Paragraph 21 of the List of normative legal acts of the Republic of Kazakhstan to which amendments and additions are made, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27 August 2014 No. 168 «On making amendments and additions to certain normative legal acts of the Republic of Kazakhstan» (registered in the Register of state registration of normative legal acts under No. 9796, published on 12 November 2014 in the information-legal system «Әділет» of the republican state enterprise with the right of economic management «Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan»).

3. Paragraph 14 of the List of normative legal acts of the Republic of Kazakhstan on issues of radical improvement of conditions for entrepreneurial activity in the Republic of Kazakhstan to which amendments are made, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 25 February 2015 No. 28 «On making amendments to certain normative legal acts of the Republic of Kazakhstan on issues of radical improvement of conditions for entrepreneurial activity in the Republic of Kazakhstan» (registered in the Register of state registration of normative legal acts under No. 10715, published on 6 May 2015 in the information-legal system «Әділет» of the republican state enterprise with the right of economic management «Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan»).

4. Paragraph 2 of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 December 2015 No. 259 «On approval of the Rules for the functioning of the interbank money transfer system and making an amendment to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 3 February 2014 No. 14 «On approval of the Rules for establishing correspondent relations between the National Bank of the Republic of Kazakhstan and banks, as well as organizations carrying out certain types of banking operations» (registered in the Register of state registration of normative legal acts under No. 13078, published on 14 March 2016 in the information-legal system «Әділет» of the republican state enterprise with the right of economic management «Republican Center for Legal Information of the Ministry of Justice of the Republic of Kazakhstan»).