«REPUBLIC OF KAZAKHSTAN
ҰЛТТЫҚ БАНКІ»
РЕСПУБЛИКАЛЫҚ
МЕМЛЕКЕТТІК МЕКЕМЕСІ
РЕСПУБЛИКАНСКОЕ
STATE INSTITUTION
«НАЦИОНАЛЬНЫЙ БАНК
РЕСПУБЛИКИ КАЗАХСТАН»
БАСҚАРМАСЫНЫҢ
ҚАУЛЫСЫ
ПОСТАНОВЛЕНИЕ
ПРАВЛЕНИЯ
31 August 2016
Almaty city
No. 205 city of Almaty

On approval of the Rules for the issuance of payment cards, as well as requirements for activities related to servicing transactions with their use on the territory of the Republic of Kazakhstan

Registered by the Ministry of Justice of the Republic of Kazakhstan on 6 October 2016 under No. 14299

(with amendments and additions as of 27.08.2018)

In accordance with the laws of the Republic of Kazakhstan dated 30 March 1995 «On the National Bank of the Republic of Kazakhstan», dated 26 July 2016 «On Payments and Payment Systems», for the purpose of establishing the procedure for the issuance of payment cards, as well as requirements for activities related to servicing transactions with their use on the territory of the Republic of Kazakhstan, the Board of the National Bank of the Republic of Kazakhstan DECIDES:

1. To approve the attached Rules for the issuance of payment cards, as well as requirements for activities related to servicing transactions with their use on the territory of the Republic of Kazakhstan (hereinafter referred to as the Rules).

2. To recognize as having lost force certain resolutions 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, according to the list in accordance with the appendix to this resolution.

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

1) jointly 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, with the exception of subparagraph 2) of paragraph 69 of the Rules, which shall enter into force on 1 July 2017.

Chairman of the National Bank
D. Akishev

Appendix
to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 205

List of certain resolutions 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 24 August 2000 No. 331 «On approval of the Rules for the issuance of payment cards, as well as requirements for activities related to servicing transactions with their use on the territory of the Republic of Kazakhstan» (registered in the Register of state registration of normative legal acts under No. 1260, published 23 October - 5 November 2000 in the Bulletin of the National Bank of Kazakhstan No. 22 (193)).

2. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 3 September 2001 No. 328 «On introducing amendments and additions to the Rules for the issuance and use of payment cards in the Republic of Kazakhstan, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 24 August 2000 No. 331» (registered in the Register of state registration of normative legal acts under No. 1667, published in 2001 in the Bulletin of normative legal acts of central executive and other state bodies of the Republic of Kazakhstan No. 36-37).

3. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 2 September 2002 No. 361 «On introducing amendments to resolution of the Board of the National Bank of the Republic of Kazakhstan dated 24 August 2000 No. 331 «On approval of the Rules for the issuance and use of payment cards in the Republic of Kazakhstan» (registered in the Register of state registration of normative legal acts under No. 1984, published in 2002 in the Bulletin of normative legal acts of central executive and other state bodies of the Republic of Kazakhstan No. 43-44 art.727).

4. Paragraph 1 of the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27 October 2003 No. 370 «On introducing amendments and additions to certain resolutions of the Board of the National Bank of the Republic of Kazakhstan on issues of the use of payment cards» (registered in the Register of state registration of normative legal acts under No. 2582, published on 9 December 2003 in the newspaper «Kazakhstanskaya Pravda» No. 353-354 (24293-24294)).

5. Paragraph 1 of the resolution of the Board of the National Bank of the Republic of Kazakhstan of 27 October 2003 No. 371 "On introducing amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan of 24 August 2000 No. 331 "On approval of the Rules for the issuance and use of payment cards in the Republic of Kazakhstan", registered with the Ministry of Justice of the Republic of Kazakhstan under No. 1260, as well as the resolution of the Board of the National Bank of the Republic of Kazakhstan of 23 December 2002 No. 510 "On approval of the Rules for the functioning of the National interbank system of payment cards based on microprocessor cards", registered with the Ministry of Justice of the Republic of Kazakhstan under No. 2158" (registered in the Register of state registration of normative legal acts under No. 2581, published on 4 December 2003 in the newspaper "Kazakhstanskaya Pravda").

6. Resolution of the Board of the National Bank of the Republic of Kazakhstan of 27 August 2005 No. 91 "On introducing amendments to the resolution of the Board of the National Bank of the Republic of Kazakhstan of 24 August 2000 No. 331 "On approval of the Rules for the issuance and use of payment cards in the Republic of Kazakhstan" (registered in the Register of state registration of normative legal acts under No. 3852).

7. Resolution of the Board of the National Bank of the Republic of Kazakhstan of 29 October 2005 No. 138 "On introducing amendments to the resolution of the Board of the National Bank of the Republic of Kazakhstan of 24 August 2000 No. 331 "On approval of the Rules for the issuance and use of payment cards in the Republic of Kazakhstan" (registered in the Register of state registration of normative legal acts under No. 3950).

8. Resolution of the Board of the National Bank of the Republic of Kazakhstan of 28 May 2007 No. 58 "On introducing amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan of 24 August 2000 No. 331 "On approval of the Rules for the issuance and use of payment cards in the Republic of Kazakhstan" (registered in the Register of state registration of normative legal acts under No. 4788, published in April-June 2007 in the Collection of acts of central executive and other central state bodies of the Republic of Kazakhstan).

9. Paragraph 6 of the List of resolutions of the Board of the National Bank of the Republic of Kazakhstan to which amendments and additions are made, which is an appendix to the resolution of the Board of the National Bank of the Republic of Kazakhstan of 24 August 2009 No. 85 "On introducing amendments and additions to certain resolutions of the Board of the National Bank of the Republic of Kazakhstan" (registered in the Register of state registration of normative legal acts under No. 5806, published on 30 October 2009 in the newspaper "Yuridicheskaya Gazeta" No. 166 (1763)).

10. Paragraph 4 of the List of normative legal acts of the Republic of Kazakhstan to which amendments are made, which is appendix 1 to the resolution of the Board of the National Bank of the Republic of Kazakhstan of 1 July 2011 No. 65 "On introducing amendments to certain normative legal acts of the National Bank of the Republic of Kazakhstan on issues of identification numbers" (registered in the Register of state registration of normative legal acts under No. 7122, published on 15 September 2011 in the newspaper "Yuridicheskaya Gazeta" No. 133 (2123)).

11. Paragraph 1 of the resolution of the Board of the National Bank of the Republic of Kazakhstan of 26 December 2011 No. 205 "On introducing amendments and additions to certain normative legal acts of the National Bank of the Republic of Kazakhstan on issues of making payments and money transfers" (registered in the Register of state registration of normative legal acts under No. 7408, published on 28 April 2012 in the newspaper "Kazakhstanskaya Pravda" No. 121-122 (26940-26941)).

12. Paragraph 5 of the Amendments to certain normative legal acts of the National Bank of the Republic of Kazakhstan on issues of identification numbers, which are appendix 1 to the resolution of the Board of the National Bank of the Republic of Kazakhstan of 26 March 2012 No. 108 "On introducing amendments to certain normative legal acts of the National Bank of the Republic of Kazakhstan on issues of identification numbers" (registered in the Register of state registration of normative legal acts under No. 7625, published on 6 September 2012 in the newspaper "Kazakhstanskaya Pravda" No. 299-300 (27118-27119)).

13. Paragraph 4 of the List of normative legal acts on issues of making payments and money transfers to which amendments and additions are made, which is an appendix to the resolution of the Board of the National Bank of the Republic of Kazakhstan of

26 April 2013 No. 117 "On introducing amendments and additions to certain normative legal acts on issues of making payments and money transfers" (registered in the Register of state registration of normative legal acts under No. 8513, published on 23 July 2013 in the newspaper "Yuridicheskaya Gazeta" No. 107 (2482)).

14. Resolution of the Board of the National Bank of the Republic of Kazakhstan of 27 August 2013 No. 232 "On introducing amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan of 24 August 2000 No. 331 "On approval of the Instruction on the issuance and use of payment cards" (registered in the Register of state registration of normative legal acts under No. 8802, published on 28 November 2013 in the newspaper "Kazakhstanskaya Pravda" No. 325 (27599)).

15. Paragraph 4 of the List of regulatory legal acts of the Republic of Kazakhstan to which amendments and additions are made, approved by the 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 regulatory legal acts of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts under No. 9796, published on 12 November 2014 in the information and 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").

16. Paragraph 4 of the List of regulatory legal acts of the Republic of Kazakhstan on the issues of radical improvement of conditions for entrepreneurial activity in the Republic of Kazakhstan to which amendments are made, which is an appendix to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 25 February 2015 No. 28 "On making amendments to certain regulatory legal acts of the Republic of Kazakhstan on the issues of radical improvement of conditions for entrepreneurial activity in the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts under No. 10715, published on 6 May 2015 in the information and 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").

17. Paragraph 4 of the List of regulatory legal acts of the National Bank of the Republic of Kazakhstan on the issues of payments and money transfers and maintaining bank accounts to which amendments are made, which is an appendix to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 8 May 2015 No. 72 "On making amendments to certain regulatory legal acts of the National Bank of the Republic of Kazakhstan on the issues of payments and money transfers and maintaining bank accounts" (registered in the Register of state registration of regulatory legal acts under No. 11163, published on 2 June 2015 in the information and 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").

18. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 28 January 2016 No. 33 "On making amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 24 August 2000 No. 331 "On approval of the Instruction on the issuance and use of payment cards" (registered in the Register of state registration of regulatory legal acts under No. 13229, published on 4 April 2016 in the information and 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").

Approved by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 August 2016 No. 205

Rules for the issuance of payment cards, as well as requirements for activities on servicing operations with their use on the territory of the Republic of Kazakhstan

Chapter 1. General provisions
Chapter 2. Procedure for the issuance of payment cards
Paragraph 1. General provisions
Paragraph 2. Sale (distribution) of prepaid payment cards
Chapter 3. Requirements for activities on servicing operations with the use of
payment cards
Paragraph 1. Requirements for the drawing up of payment documents used for making payments and (or) money transfers with the use of payment cards Paragraph 2. Requirements for making payments and (or) money transfers with the use of payment cards Paragraph 3. Refusal to execute payment documents and making a return of money Paragraph 4. Authorized and unauthorized payments with the use of a payment card Paragraph 5. Blocking and seizure of payment cards Paragraph 6. Drawing up and submission of statements on a client's bank account

Chapter 1. General provisions

1. These Rules for the issuance of payment cards, as well as requirements for activities on servicing operations with their use on the territory of the Republic of Kazakhstan (hereinafter - the Rules) have been developed in accordance with the laws of the Republic of Kazakhstan dated 30 March 1995 "On the National Bank of the Republic of Kazakhstan", dated 26 July 2016 "On payments and payment systems" (hereinafter - the Law on payments and payment systems) and determine the procedure for the issuance of payment cards, as well as requirements for activities on servicing operations with their use on the territory of the Republic of Kazakhstan.

The procedure for the issuance of payment cards, as well as requirements for activities on servicing operations with their use on the territory of the Republic of Kazakhstan include the issuance of payment cards, requirements for activities on servicing operations with the use of payment cards.

2. The effect of the Rules does not extend to payment card systems of a legal entity intended for the provision of services to employees of that legal entity.

3. The Rules use the concepts provided for by the Law of the Republic of Kazakhstan dated 5 July 2004 "On communications", the Law on payments and payment systems, as well as the following concepts:

1) authorization - the issuer's permission to make a payment with the use of a payment card;

2) prepaid payment card - a payment card that provides its holder with the possibility to make payments and (or) money transfers and (or) receive cash within the amount of money previously deposited by its initial holder and accounted for on the issuer's consolidated account. A microprocessor card or another special electronic means that stores information on the amount of money available to the holder of such card or special electronic means, within which payments and (or) money transfers and other operations are made, does not relate to prepaid payment cards;

3) replenishment of a prepaid payment card - additional deposit to the issuer of a sum of money, not associated with the issuance of a prepaid payment card, within which the use of a previously issued (valid) prepaid payment card is envisaged for making payments and (or) money transfers and (or) receiving cash;

4) contactless payment card - a payment card that provides its holder with the possibility to make payments in a contactless manner based on the use of wireless communication technology that does not require physical contact between the payment card and electronic terminals or other devices at the moment of the transaction;

5) ATM - an electronic-mechanical device that allows the holder of a payment card to receive cash and use other services of the issuer using the payment card;

6) debit card - a payment card that provides its holder with the possibility to make payments and (or) money transfers within the amount of money held in the client's bank account;

7) personal identification number - a secret code assigned to a payment card and intended for identification of the payment card holder;

8) corporate payment card - a payment card issued to an authorized representative of a legal entity on the basis of an agreement on the issuance of a payment card concluded between the issuer and the legal entity-owner of the bank account;

9) credit card - a payment card allowing its holder to make payments and (or) money transfers within the amount of a bank loan provided by the issuer under the terms of a bank loan agreement concluded between the issuer and the client;

10) processing - activity related to the collection, processing and transmission of information generated during payments and (or) money transfers and other operations using payment cards;

11) processing organization - a participant of the payment card system carrying out processing, as well as other services provided for by agreements with participants of the payment card system;

12) sales receipt - a document confirming the fact of making a payment using a payment card;

13) slip - a payment document of an individual entrepreneur or legal entity accepting payment cards for making non-cash payments for goods supplied by it (works, services) (hereinafter - the entrepreneur) or the acquirer, drawn up on paper when making a payment using a payment card;

14) non-payment applications - additional applications (functions) not related to making payments and (or) money transfers, issuing cash and providing

other types of banking services that are placed (implemented) by means of a payment card;

15) participant of the payment card system - an individual or legal entity that, in accordance with concluded agreements, carries out the transmission, processing and (or) execution of a payment document drawn up during payments and (or) money transfers using a payment card of a certain payment card system;

16) issuance of a payment card - the process of transferring the payment card and the personal identification number thereto to the payment card holder by the issuer and (or) provision by the issuer to the payment card holder of information about its details;

17) payment card system - a set of software and hardware, documentation and organizational-technical measures ensuring the making of payments and (or) money transfers using payment cards;

18) agreement on the issuance of a payment card - an agreement concluded between the issuer and an individual or legal entity, on the basis of which a payment card is issued;

19) blocking of a payment card - full or partial prohibition on making payments and (or) money transfers using the payment card;

20) use of a payment card - the carrying out by the payment card holder, by means of it or its details, of operations related to making payments, money transfers, receiving cash, currency exchange and (or) other operations determined by the issuer of the payment card and on its terms;

21) payment card holder - an individual using the payment card in accordance with the agreement on the issuance of a payment card or, if the payment card is prepaid - an individual carrying out operations using it. The holder of a corporate payment card is an authorized representative of the legal entity-owner of the bank account;

22) payment card details - information contained on the payment card and (or) stored in the issuer's information system, including the number, validity period, name of the payment card system, allowing to establish the belonging of the payment card to its holder and (or) the issuer and the payment card system;

23) acquirer - a bank or organization carrying out certain types of banking operations (hereinafter - the bank), which, according to the terms of the agreement with the entrepreneur and (or) the terms of the payment document drawn up at the entrepreneur's when making a payment and (or) money transfer using a payment card, must accept the money received in favor of the entrepreneur and (or) perform other actions provided for by the agreement with the entrepreneur. An acquirer is also a bank carrying out the issuance of cash and (or) provision to payment card holders who are not clients of this bank of other services for making payments and (or) money transfers using payment cards;

24) issuer - a bank that issues payment cards, including a parent bank or a subsidiary bank, as well as an acquiring bank in the event of transfer to it of the assets and liabilities of the bank that issued the payment cards, in accordance with the Law of the Republic of Kazakhstan dated 31 August 1995 "On Banks and Banking Activity in the Republic of Kazakhstan";

25) consolidated account of the issuer - an internal account opened by the issuer and intended for recording transactions carried out using prepaid payment cards.

Chapter 2. Procedure for Issuing Payment Cards

Paragraph 1. General Provisions

4. The issuance of a payment card is carried out on the basis of an agreement on the issuance of a payment card.

5. A payment card is subdivided into a debit card and a credit card.

6. Before issuing a payment card, the issuer familiarizes the payment card holder with the internal documents on the use of the payment card.

Paragraph 7 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)

7. An individual is a payment card holder from the day of receipt of the payment card or information about its details. Confirmation of receipt of the payment card by its holder is the signature of the payment card holder on a document of arbitrary form determined by the bank, confirming the fact of receipt of the payment card by its holder.

Confirmation of receipt of the payment card is not required in the case of issuance of a payment card in electronic form by the issuer providing the payment card holder with information about its details in the manner provided for by the agreement.

8. The issuance to individuals of several additional payment cards is allowed on the basis of an agreement on the issuance of a payment card concluded between the issuer and the client.

Paragraph 9 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 wording)

9. The agreement on the issuance of a payment card contains the following conditions:

1) the conditions for issuing the payment card, including the issuance by the issuer of the payment card and the personal identification number to the payment card holder or his authorized person. The requirement for issuing a personal identification number does not apply to a payment card the issuance of which is carried out in electronic form by the issuer providing the payment card holder with information about its details;

2) the conditions for making payments and (or) money transfers using the payment card;

3) the procedure for establishing the foreign currency exchange rate applied when making payments and (or) money transfers using the payment card in a currency other than the currency of the bank account, taking into account paragraph 44 of the Rules;

4) the procedure for providing a statement of payments and (or) money transfers and other transactions carried out using the payment card;

5) the list of persons or a reference to the list of persons to whom additional payment cards are issued (in the case of issuing several payment cards to different holders on the basis of an agreement on the issuance of a payment card);

6) the procedure and conditions for withdrawal, blocking and re-issuance of the payment card;

7) the validity period of the payment card and (or) the agreement on the issuance of a payment card;

8) the procedure and time limits for notification by the payment card holder to the issuer of the loss, theft or unauthorized use of the payment card;

9) the procedure for notifying the payment card holder of the amendments and (or) additions being made to the agreement on the issuance of a payment card;

10) the procedure for notifying the payment card holder of transactions using the payment card, the amount and procedure for charging fees for notifying the payment card holder of transactions using the payment card;

11) the procedure for terminating the agreement on the issuance of a payment card.

10. The issuer ensures that the agreement on the issuance of a payment card is set out in a form that ensures reading of its content and placement of its sample in a place accessible to the payment card holder at the issuer and (or) on the issuer's internet resource, and also provides it at his request in paper and (or) electronic form in the manner provided for by the agreement on the issuance of a payment card.

11. The issuer notifies the client in the manner provided for by the agreement on the issuance of a payment card, including by placing information on the issuer's internet resource and sending to the email address or cellular communication device specified by the client by means of short text and (or) multimedia messages, of the amendments and (or) additions being made to the agreement on the issuance of a payment card and the amount of servicing fees, no later than fifteen calendar days before the date of their entry into force in accordance with the agreement on the issuance of a payment card.

12. In the notification, the issuer indicates the possibility for the client, before the date from which the amendments and (or) additions to the agreement on the issuance of a payment card will apply, to terminate the agreement without paying an additional fee for its termination in accordance with the agreement on the issuance of a payment card.

13. When issuing a payment card to a holder, the conclusion of a mixed agreement is allowed, which contains elements of an agreement on the issuance of a payment card, a bank account agreement and (or) a bank loan agreement.

Paragraph 14 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 wording)

14. The provision to the holder of a debit card of a bank loan within the amount provided by the issuer is allowed.

15. The provision to the client of a bank loan is carried out in the manner provided for by the bank loan agreement concluded between the issuer and the client.

16. When issuing additional payment cards to different individuals, the relationship between the holder of the additional payment card and the client is established by the client, unless otherwise established by the agreement on the issuance of a payment card.

17. The issuer informs the client about the expiration of the validity period of their payment card no less than ten calendar days before its expiration date in the manner prescribed by the payment card issuance agreement.

18. It is permitted to include non-payment applications in a payment card issued by the issuer, used for the provision or accounting of certain types of services rendered by other persons in accordance with agreements concluded between them.

19. The maximum amount of a prepaid payment card issued by the issuer does not exceed 200,000 (two hundred thousand) tenge or its equivalent in foreign currency on the date of issuance of the prepaid payment card. Operations using a prepaid payment card are carried out within the amount established by this paragraph.

20. A prepaid payment card may lack details allowing identification of its holder.

To account for the money of holders of prepaid payment cards, the issuer opens a consolidated account of the issuer.

21. The maximum amount of a prepaid payment card with a fixed amount issued by the issuer does not exceed 200,000 (two hundred thousand) tenge, which may be indicated on the prepaid payment card.

A prepaid payment card with a fixed amount is not subject to replenishment.

22. A prepaid payment card issued in electronic form consists of the payment card details and is not subject to additional replenishment or use for obtaining cash. The use of such a prepaid payment card for making payments and (or) money transfers is permitted within the amount of money previously deposited by the client into the bank upon issuance of the prepaid payment card.

23. The issuer maintains a list of payment cards issued by it, containing the numbers and other details of payment cards issued to payment card holders.

24. Within ten business days from the day of commencement or completion of issuance of payment cards of a certain payment card system or payment cards of a new type, the issuer notifies the National Bank of the Republic of Kazakhstan thereof in free written form. The notification shall state:

1) the date of commencement or completion of issuance of payment cards;

2) the name of the payment card system;

3) the type of payment card (with a magnetic stripe, with an integrated microcircuit, combined, or other).

Paragraph 2. Sale (distribution) of prepaid payment cards

25. The sale (distribution) of a prepaid payment card to an individual is carried out by a payment agent on the basis of an agreement concluded with the issuer.

26. The payment agent carries out the sale (distribution) of a prepaid payment card to an individual after receiving the amount of money equal to the amount of the prepaid payment card being issued in accordance with the agreement between the issuer and the payment agent.

The payment agent is permitted to sell (distribute) a prepaid payment card previously acquired (previously issued by the issuer) from the issuer.

27. Confirmation of the acquisition by an individual from the payment agent of a prepaid payment card is a document in free form confirming the deposit of the amount of money by the individual, issued by the payment agent.

The issuer ensures that the payment agent issues to the holder of the prepaid payment card a document confirming the deposit of the amount of money by the individual upon acquisition from the payment agent in the manner prescribed by the agreement between the issuer and the payment agent.

28. The agreement concluded between the issuer and the payment agent contains:

1) the procedure and conditions for the sale (distribution) by the payment agent of prepaid payment cards;

2) the mode and procedure for exchanging information during the sale (distribution) of prepaid payment cards;

3) conditions for ensuring confidentiality of information on sold (distributed) prepaid payment cards;

4) the procedure and conditions for crediting cash accepted by the payment agent from an individual to the bank accounts of the payment agent;

5) the procedure for resolving disputes between the issuer and the payment agent.

29. The payment agent informs the individual about the conditions for making payments and (or) money transfers using the prepaid payment card determined by the issuer before the individual acquires the prepaid payment card.

Chapter 3. Requirements for activities related to servicing operations using payment cards

Paragraph 1. Requirements for drawing up payment documents used for making payments and (or) money transfers using payment cards

30. A payment document used for making payments and (or) money transfers using payment cards (hereinafter - payment document) is drawn up and transmitted between participants of the payment card system on paper and (or) in electronic form.

An electronic payment document drawn up on the basis of a paper payment document contains the details specified in the paper payment document, except for details that are mandatory for documents drawn up on paper as provided for by paragraph 33 of the Rules.

31. Drawing up and presenting payment documents in electronic form is permitted subject to compliance with the procedure for protective actions against unauthorized payments established by agreements concluded between participants of the payment card system in accordance with the requirements of the Law on Payments and Payment Systems.

32. The payment document is drawn up in the Kazakh and (or) Russian languages. The possibility of using other languages when drawing up a payment document is determined by agreements concluded between participants of the payment card system.

33. The payment document contains the following details:

1) the number of the payment document, the day, month and year of its issuance;

2) the name (code) of the merchant and the acquirer;

3) the details of the payment card;

4) payment amount;

5) payment currency;

6) signature of the payment card holder (for payment documents drawn up on paper);

7) signature of the authorized person of the merchant or the acquirer (for payment documents drawn up on paper);

8) payment purpose code.

The payment document may contain additional details established by agreements concluded between participants of the payment card system.

34. Payment document:

1) when making a payment using a payment card at a merchant - the merchant's instruction to the acquirer to pay a sum of money for goods sold, work performed and (or) services rendered;

2) when receiving cash - the acquirer's instruction to the issuer or the intermediary bank to return the amount of cash issued using a payment card to its holder;

3) when making payments using a payment card through ATMs belonging to the issuer - the payment card holder's instruction to the issuer to transfer money in favor of the beneficiary.

When making payments in favor of the merchant, the payment document is transferred to the acquirer in the manner established by the agreement between the acquirer and the merchant.

35. A payment document on paper is drawn up in at least three copies. One copy of the payment document remains with the merchant, the second is issued to the payment card holder, the third is transferred to the acquirer. When issuing cash, the acquirer retains two copies of the payment document.

36. When drawing up a slip in three copies, two of which are made through carbon paper, it is permitted to place signatures on the first copy of the slip with their display on the remaining two copies of the slip. Separate placement of signatures on all three copies of the slip is not required. For the transfer of money, the first copy of the slip with original signatures is transferred to the acquirer.

37. It is permitted for the merchant to draw up a slip without the signature of the payment card holder if it is drawn up without the participation of the payment card holder. A slip without the signature of the payment card holder is drawn up on the basis of an electronic document allowing the identity of the payment card holder to be established.

38. Corrections in a payment document drawn up on paper are not permitted.

Paragraph 2. Requirements for making payments and (or) transfers of money using payment cards

Item 39 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)

39. A payment card is used by its holder for the purposes of making payments and (or) transfers of money when purchasing goods, work, services, as well as for receiving cash, currency exchange and other operations on the terms determined by its issuer, in accordance with the Rules.

A payment using a payment card is made by drawing up a payment document using the payment card or its details when purchasing goods, work and services.

Before providing payment services through remote access systems, the bank ensures that the client is provided with information on the amount of the commission charged in monetary terms for the electronic banking services provided.

The requirement of part three of this item does not apply to services related to the acceptance of payments with the physical use of a payment card, as well as to services for sending payments by short text and (or) multimedia messages through a cellular communication device.

40. Payments and (or) transfers of money made using payment cards, with the exception of prepaid payment cards, within the amount of the client's money in the bank account and (or) within the amount of the bank loan provided by the issuer, are reflected in the client's bank account.

Payments and (or) transfers of money made using prepaid payment cards are reflected in the consolidated account of the issuer.

It is permitted to reflect in one bank account payments and (or) transfers of money made using several payment cards of one or different payment card systems issued on the basis of an agreement on the issuance of a payment card concluded between the issuer and the client.

41. When making payments and (or) transfers of money using a payment card in a currency different from the currency of the bank account, the issuer reflects in the client's bank account using the issuer's foreign currency exchange rate in effect on the date and time of receipt by the issuer of the payment document drawn up when making the payment and (or) transfer of money using the payment card.

Item 42 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)

42. Making an operation for an amount not exceeding 10 000 (ten thousand) tenge using a contactless payment card is permitted without entering a personal identification number.

43. Payments using a corporate payment card are made within the amount of money in the bank account of the legal entity and (or) within the amount of the bank loan provided to that legal entity.

44. Currency operations using a payment card are carried out in compliance with the requirements established by the Rules for Carrying Out Currency Operations in the Republic of Kazakhstan, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated 28 April 2012 No. 154, registered in the Register of State Registration of Normative Legal Acts under No. 7701.

Payments using payment cards on the territory of the Republic of Kazakhstan are made in the national currency of the Republic of Kazakhstan - tenge, except for cases provided for by the Law of the Republic of Kazakhstan dated 13 June 2005 "On Currency Regulation and Currency Control".

45. Processing of payments and (or) money transfers made on the territory of the Republic of Kazakhstan using payment cards of a bank resident of the Republic of Kazakhstan in its servicing network shall be carried out by that bank and (or) a processing organization.

Processing of payments and (or) money transfers made on the territory of the Republic of Kazakhstan using payment cards issued by a bank resident of the Republic of Kazakhstan in the servicing network of other banks resident of the Republic of Kazakhstan shall be carried out by a processing organization.

46. A processing organization is permitted to create its own servicing networks for payment cards in accordance with agreements concluded with an acquirer and merchants.

47. Execution of a payment document drawn up when paying taxes and (or) other mandatory payments to the budget using a payment card through ATMs shall be carried out no later than one business day following the day of its receipt by the issuer.

48. If a payment is made in one currency and the bank account is maintained in another currency, the withdrawal of money from the bank account shall be carried out after conversion of the payment currency into the bank account currency in accordance with the agreement between the participants of the payment cards.

49. The issuer shall block the amount of money in the bank account for the amount of the authorization if this condition is provided for by the agreement on the issuance of a payment card concluded between the issuer and the client. In this case, the agreement on the issuance of a payment card contains the conditions and terms for blocking money in the bank account.

The procedure for obtaining authorization shall be determined by the agreement between the participants of the payment card system.

50. Based on the results of the authorization, the issuer shall return to the acquirer the amount of money for the completed transaction using a payment card issued by the issuer, in the procedure provided for by the agreement between the participants of the payment card system.

Authorization shall not be carried out in the cases provided for by the internal documents of the payment card system.

51. Upon receipt by the issuer of the client's instruction to make payments and (or) money transfers from his bank account without using a payment card, execution of the client's instruction from the client's bank account shall be carried out within the balance of money in the bank account minus the amounts of transactions for which authorization was carried out and money was blocked in the bank account, in accordance with the agreement on the issuance of a payment card.

52. When an arrest is imposed, when execution is levied on money held in the client's bank account and (or) when expenditure operations on the client's bank account are suspended, a payment using a payment card for which authorization was carried out before the date and time of receipt by the issuer of enforcement documents, payment documents on the basis of which execution is levied on money held in the client's bank account and (or) decisions (orders) of authorized state bodies or officials on suspension of expenditure operations on the bank account, as well as a payment using a payment card without authorization made before the date and time of receipt of enforcement documents, payment documents on the basis of which execution is levied on money held in the client's bank account and (or) decisions (orders) of authorized state bodies or officials on suspension of expenditure operations on the bank account, shall be reflected in the client's bank account.

53. After authorization, the issuer, on the basis of the payment document drawn up when making a payment using a payment card, shall pay the acquirer the amount of the payment document.

54. The client shall ensure the amount of money in his bank account necessary for the execution of the payment document drawn up when making a payment using a payment card. Ensuring the amount of money shall also be carried out at the expense of a bank loan of the issuer provided to the client, if this is provided for by the agreement concluded between them.

55. The acquisition of foreign currency using a payment card shall be carried out by making a payment in tenge for the amount of the foreign currency being acquired at the rate of the bank selling the foreign currency.

56. After making a payment using a payment card, the holder of the payment card shall be issued a sales receipt or a copy of the payment document (slip) drawn up when making a payment using a payment card.

The provision of the first part of this paragraph shall not apply to making a payment using a contactless payment card, in which the issuance of a sales receipt to the holder of the payment card is carried out at the request of the holder of the payment card.

57. The sales receipt shall be issued to the holder of the payment card on paper or in electronic form by sending it to the email address and (or) to the mobile communication device specified by the holder of the payment card, by means of short text and (or) multimedia messages in accordance with the agreement on the issuance of a payment card.

58. The sales receipt contains the following details:

1) document number, day, month, year of its issuance;

2) name (code) of the merchant or acquirer;

3) payment amount;

4) payment currency;

5) authorization code or other code identifying the payment in the payment card system;

6) time of the payment;

7) details of the payment card. Incomplete indication of the details of the payment card is permitted in accordance with the requirements of the payment card systems and concluded agreements.

Inclusion in the sales receipt of additional details provided for by the agreement between the merchant and the acquirer is permitted.

59. When paying taxes and (or) other mandatory payments to the budget through ATMs or other electronic terminals, the sales receipt issued to the holder of the payment card contains the details provided for by paragraph 58 of the Rules, as well as the following details:

1) individual identification number of the taxpayer;

2) surname, name, patronymic (if any) of the taxpayer;

3) name of the tax and (or) other mandatory payment to the budget with indication of the digital value of the budget classification code;

4) code of the state revenue body;

5) payment purpose code;

6) amount of the commission fee (in case of collection of a commission);

7) in case of payment of transport tax - identification number of the vehicle.

60. Signing of the sales receipt by the holder of the payment card is not required if the payment is authorized by the holder of the payment card in accordance with the requirements of the Law on Payments and Payment Systems, including by means of a personal identification number, or unless otherwise provided by the agreement between the entrepreneur and the acquirer.

61. The agreement between the entrepreneur and the acquirer contains a condition according to which the entrepreneur, at the places of carrying out its activities, ensures placement of information for the client on the conditions for presenting to the entrepreneur a document proving the identity of the client when making payments using a payment card.

62. The client, when making a payment using a payment card, presents to the entrepreneur a document proving his identity, if this condition is provided for in the agreement between the entrepreneur and the acquirer.

63. The acquirer monitors the operation of its ATM network in real time and ensures that they are maintained in a working and functioning condition.

64. Monitoring of the operation of the ATM network in real time includes the following measures:

1) observation of the operation of ATMs using special software;

2) prompt detection of failures (technical malfunctions) in the operation of ATMs and other problem situations arising during their operation;

3) analysis of the causes of failures (technical malfunctions) in the operation of ATMs and other problem situations (failures of technical means and software, malfunction of the communication channel, absence of cash, consumables (journal and receipt tape);

4) monitoring of the timely elimination of failures (technical malfunctions) and problems of another nature in the operation of ATMs;

5) monitoring of the availability and balance of cash in ATMs and their timely loading with cash;

6) in case of detection of failures (technical malfunctions) in the operation of ATMs, the acquirer takes measures to restore the operability of ATMs and eliminate the causes that caused the technical malfunction or a problem of another nature in the operation of ATMs.

65. The acquirer keeps records of the facts of failure (technical malfunction) that occurred in the operation of ATMs, and the methods (ways) of their elimination, indicating the date and time of their detection and elimination.

Clause 66 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 version)

66. The following requirements are imposed on ATMs owned by the acquirer:

1) ATMs are equipped with equipment designed for secure (hidden) entry of the personal identification number;

2) ATMs are equipped with at least one camera that allows capturing the face of the payment card holder. Images captured by the camera are stored by the acquirer for at least sixty calendar days. In case of an appeal by the payment card holder in the event of disputed situations related to the use of the acquirer's ATM, the storage period of the images captured by the camera is extended until the disputed situation is resolved;

3) the internal software of the ATM is protected by an antivirus program.

67. The conditions and terms for crediting by the acquirer of money received in favor of the entrepreneur for payments made using payment cards are determined by the agreement between the entrepreneur and the acquirer.

68. The entrepreneur is not allowed to use the services of an acquirer that is a non-resident of the Republic of Kazakhstan.

Paragraph 3. Refusal to execute payment documents and making a refund of money

69. A payment document is not accepted by a participant of the payment card system for execution in the following cases:

1) the payment document is drawn up in violation of the requirements established by the Rules and (or) the terms of the agreements on the procedure for drawing up and presenting payment documents;

Subparagraph 2) of paragraph 69 was put into effect from 1 July 2017

2) the payment document contains signs of forgery;

3) the payment is unauthorized;

4) the payment is authorized, but the payment document is submitted to the issuer in violation of the requirements established in the agreements concluded between the participants of the payment card system.

70. Refusal by the issuer or acquirer to execute a payment document is carried out no later than one business day from the day of its receipt.

71. In case of refusal by the payment card holder of goods, works or services purchased using a payment card, the refund of money to the payment card holder is made by the entrepreneur by making a non-cash payment in favor of the payment card holder in the manner provided for by the agreements concluded between the participants of the payment card system.

72. If the agreements concluded between the participants of the payment card system do not provide for the possibility of the entrepreneur making a refund of money to the payment card holder by making a non-cash payment, the refund of money is made by making a payment using cash.

73. Upon detection of an erroneous withdrawal of money from one's bank account, crediting of money to one's bank account and (or) upon making an unauthorized payment, as well as loss of the payment card, the client notifies the issuer thereof in the manner provided for by the agreement on the issuance of the payment card.

74. The issuer, in the event of an erroneous withdrawal from the client's bank account or an erroneous crediting of money to the client's bank account, for which the client did not carry out transactions using a payment card and notified the issuer of this fact, after discovering the erroneous withdrawal or erroneous crediting, restores within twenty-four hours the balance of money in the client's bank account as of the state before the moment of the erroneous withdrawal or crediting of money.

75. When making money transfers outside the Republic of Kazakhstan, the deadline for presenting a payment document for execution is established by agreements concluded between the participants of the payment card system in which the payment was made.

Paragraph 4. Authorized and unauthorized payments using a payment card

76. A payment made using a payment card is authorized if, at the time of the payment, the payment card is not blocked by the issuer, its validity period has not expired, and the payment card was used to make the payment in accordance with the agreements concluded between the participants of the payment card system in which the payment was made.

77. When making a payment using a contactless payment card, the issuer ensures compliance with the security procedures against unauthorized payments provided for by the agreement between the issuer and the holder of the contactless payment card.

78. Reimbursement by the client of an unauthorized payment exceeding the amount of the unauthorized payment itself, taking into account the issuer's commissions for making the payment, is not allowed.

79. The issuer, for transactions using payment cards, carries out monitoring to identify unauthorized transactions using payment cards with the help of appropriate software or in another way provided for by the issuer's internal documents.

The transfer of monitoring to identify unauthorized transactions using payment cards by the issuer to a processing organization on the basis of an agreement between the issuer and the processing organization is allowed.

Paragraph 5. Blocking and seizure of payment cards

80. The issuer blocks a payment card in the following cases:

1) receipt of a notification from the holder of the payment card about the loss, theft or unauthorized use of the payment card;

2) non-fulfillment by the holder of the payment card of the agreement on the issuance of the payment card;

3) non-compliance with the internal document for the use of the payment card provided for by the agreement between the issuer and the holder of the payment card.

81. The procedure and terms for notification by the holder of the payment card to the issuer about the loss, theft or unauthorized use of the payment card are determined by the agreement on the issuance of the payment card.

82. If the agreement on the issuance of the payment card does not define the terms for the entry into force of the notification about the loss, theft or unauthorized use of the payment card, this notification enters into force from the day it is received by the issuer or another participant of the payment card system that accepts such notifications.

83. Seizure of a payment card from its holder by the issuer is allowed in the following cases:

1) expiration of the payment card's validity period;

2) non-fulfillment by the holder of the payment card of the agreement on the issuance of the payment card;

3) refusal of the holder of the payment card to use the payment card;

4) upon termination of the agreement on the issuance of the payment card.

Paragraph 6. Preparation and provision of statements on the client's bank account

84. The document confirming the making of payments using a payment card on the client's bank account is a sales receipt or a statement on the client's bank account, the procedure for providing which is determined by the agreement on the issuance of the payment card.

85. The issuer, at the client's request, provides him with a statement on the client's bank account for the period of time specified by the client, containing information about payments and (or) transfers made using the payment card in accordance with the agreement on the issuance of the payment card. The statement is provided on paper or electronically in accordance with the agreement on the issuance of payment cards and contains the following information:

1) payment card number. Incomplete indication of the payment card number is allowed in accordance with the requirements of payment card systems and concluded agreements;

2) start and end date of the reporting period;

3) amount and date of each payment using the payment card;

4) amount of commissions withheld from the client for making payments using the payment card.

Inclusion of additional information provided for by the agreement between the issuer and the client in the statement on the client's bank account is allowed.

86. The statement on the client's bank account is provided by the issuer without charging a fee at least once a month in accordance with the agreement on the issuance of the payment card.

87. The statement on the client's bank account provided by the issuer to the client contains the details identifying the issuer in accordance with the agreement on the issuance of the payment card.