Rule · NBK · 19 Mar 2020
Second-tier banks, JSC "Bank Razvitiya Kazakhstana", JSC "Kazpochta" and non-bank professional securities-market participants licensed for foreign-currency exchange operations must report purchases and sales of foreign currency and client operations in the administrative-data forms in Appendices 1–5 and Form 16-PB. A non-bank professional participant must report in Form 5 the volumes of foreign-currency purchase and sale and the number of clients carrying out such operations. Data adjustments in Forms 1–5 and Form 16-PB must be made within two months after the submission deadline. The resolution replaces Resolution No. 294 of 29 November 2018 and enters into force ten calendar days after first official publication.
Registered with the Ministry of Justice of the Republic of Kazakhstan on 1 April 2020 under No. 20259
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| "NATIONAL BANK OF THE | REPUBLICAN | |
| REPUBLIC OF KAZAKHSTAN" | STATE INSTITUTION | |
| REPUBLICAN | "NATIONAL BANK | |
| STATE INSTITUTION | OF THE REPUBLIC OF KAZAKHSTAN" | |
| OF THE BOARD | RESOLUTION | |
| RESOLUTION | OF THE BOARD | |
| 19 March 2020 | No. 24 | |
| Almaty city | Almaty city |
On Amendments and Additions to Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 294 of 29 November 2018 "On Approval of the Rules for Monitoring Sources of Demand and Supply in the Domestic Foreign Exchange Market of the Republic of Kazakhstan"
In accordance with the laws of the Republic of Kazakhstan of 30 March 1995 "On the National Bank of the Republic of Kazakhstan", of 2 July 2003 "On the Securities Market", of 19 March 2010 "On State Statistics", of 2 July 2018 "On Currency Regulation and Currency Control" and of 3 July 2019 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Regulation and Development of the Financial Market, Microfinance Activity and Taxation", the Board of the National Bank of the Republic of Kazakhstan RESOLVES:
1. To introduce into Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 294 of 29 November 2018 "On Approval of the Rules for Monitoring Sources of Demand and Supply in the Domestic Foreign Exchange Market of the Republic of Kazakhstan" (registered in the Register of State Registration of Normative Legal Acts under No. 18214, published on 29 January 2019 in the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan) the following amendments and additions:
in the Rules for Monitoring Sources of Demand and Supply in the Domestic Foreign Exchange Market of the Republic of Kazakhstan approved by the said resolution:
paragraph 2 shall be set out in the following wording:
"2. Monitoring of sources of demand and supply in the domestic foreign exchange market of the Republic of Kazakhstan and the purposes of use of acquired foreign currency shall be carried out by collecting information on operations of second-tier banks, joint-stock company "Bank Razvitiya Kazakhstana", joint-stock company "Kazpochta" (hereinafter – banks), professional participants of the securities market holding a licence for exchange operations with foreign currency that are not banks (hereinafter – professional participants) and their clients in the domestic foreign exchange market, on the movement of money in clients' bank accounts and on transfers of money without opening and (or) using a bank account in foreign currency."; subparagraph 5) of paragraph 6 shall be set out in the following wording:
"5) report on the purchase (sale) of foreign currency by a professional participant of the securities market holding a licence for exchange operations with foreign currency that is not a bank, in the form intended for the collection of administrative data, in accordance with Appendix 5 to the Rules;"; in Appendix 1:
in the Explanation on filling out the form intended for the collection of administrative data "Consolidated report on the movement of money in foreign currency in clients' bank accounts and on transfers without opening and (or) using a bank account":
paragraph 2 shall be set out in the following wording:
"2. Form 1 has been developed in accordance with subparagraph 28) of Article 8 of the Law of the Republic of Kazakhstan of 30 March 1995 "On the National Bank of the Republic of Kazakhstan"."; paragraph 6 shall be set out in the following wording:
"6. For the purposes of forming the report, assets in foreign currency shall be stated converted at the market exchange rate determined by Resolution of the Board of the National Bank of the Republic of Kazakhstan of 25 January 2013 No. 15 and Order of the Minister of Finance of the Republic of Kazakhstan of 22 February 2013 No. 99 "On the Procedure for Determining the Market Exchange Rate", registered in the Register of State Registration of Normative Legal Acts under No. 8378."; shall be supplemented with paragraph 8 of the following content:
"8. Adjustments (changes, additions) of data in Form 1 shall be made within 2 (two) months after the deadline established for submitting the Form."; in Appendix 2:
in the Explanation on filling out the form intended for the collection of administrative data "Report on the purchase (sale) of foreign currency by a bank and its clients":
paragraph 2 shall be set out in the following wording:
"2. Form 2 has been developed in accordance with subparagraph 28) of Article 8 of the Law of the Republic of Kazakhstan of 30 March 1995 "On the National Bank of the Republic of Kazakhstan".";
part three of paragraph 4 shall be set out in the following wording:
"For the purposes of forming the report, assets in foreign currency shall be stated converted at the market exchange rate determined by Resolution of the Board of the National Bank of the Republic of Kazakhstan of 25 January 2013 No. 15 and Order of the Minister of Finance of the Republic of Kazakhstan of 22 February 2013 No. 99 "On the Procedure for Determining the Market Exchange Rate", registered in the Register of State Registration of Normative Legal Acts under No. 8378."; shall be supplemented with paragraph 9 of the following content:
"9. Adjustments (changes, additions) of data in Form 2 shall be made within 2 (two) months after the deadline established for submitting the Form."; in Appendix 3:
in the Explanation on filling out the form intended for the collection of administrative data "Report on the movement of money in clients' bank accounts in foreign currency":
paragraph 2 shall be set out in the following wording:
"2. Form 3 has been developed in accordance with subparagraph 28) of Article 8 of the Law of the Republic of Kazakhstan of 30 March 1995 "On the National Bank of the Republic of Kazakhstan"."; shall be supplemented with paragraph 7 of the following content:
"7. Adjustments (changes, additions) of data in Form 3 shall be made within 2 (two) months after the deadline established for submitting the Form."; in Appendix 4:
in the Explanation on filling out the form intended for the collection of administrative data "Report on operations of a bank's clients with large volumes of purchase of foreign currency":
paragraph 2 shall be set out in the following wording:
"2. Form 4 has been developed in accordance with subparagraph 28) of Article 8 of the Law of the Republic of Kazakhstan of 30 March 1995 "On the National Bank of the Republic of Kazakhstan".";
part two of paragraph 5 shall be set out in the following wording:
"For the purposes of forming the report, assets in foreign currency shall be stated converted at the market exchange rate determined by Resolution of the Board of the National Bank of the Republic of Kazakhstan of 25 January 2013 No. 15 and Order of the Minister of Finance of the Republic of Kazakhstan of 22 February 2013 No. 99 "On the Procedure for Determining the Market Exchange Rate", registered in the Register of State Registration of Normative Legal Acts under No. 8378."; shall be supplemented with paragraph 7 of the following content:
"7. Adjustments (changes, additions) of data in Form 4 shall be made within 2 (two) months after the deadline established for submitting the Form."; in Appendix 5:
the heading shall be set out in the following wording:
"Form intended for the collection of administrative data "Report on the purchase (sale) of foreign currency by a professional participant of the securities market holding a licence for exchange operations with foreign currency that is not a bank""; in the Explanation on filling out the form intended for the collection of administrative data "Report on the purchase (sale) of foreign currency by a professional participant of the securities market holding a licence for organizing exchange operations with foreign currency that is not a bank":
the heading shall be set out in the following wording:
"Explanation on filling out the form intended for the collection of administrative data "Report on the purchase (sale) of foreign currency by a professional participant of the securities market holding a licence for exchange operations with foreign currency that is not a bank"; paragraphs 1, 2 and 3 shall be set out in the following wording:
"1. This explanation determines uniform requirements for filling out the form intended for the collection of administrative data "Report on the purchase (sale) of foreign currency by a professional participant of the securities market holding a licence for exchange operations with foreign currency that is not a bank" (hereinafter – Form 5).
2. Form 5 has been developed in accordance with subparagraph 28) of Article 8 of the Law of the Republic of Kazakhstan of 30 March 1995 "On the National Bank of the Republic of Kazakhstan".
3. In Form 5, a professional participant holding a licence for exchange operations with foreign currency that is not a bank (hereinafter – professional participant) shall reflect the volumes of purchase and sale of foreign currency (Section 1. "Operations of the professional participant"), and the number of clients that carried out operations of purchase and sale of foreign currency (Section 2. "Number of clients that carried out operations with foreign currency").";
part three of paragraph 4 shall be set out in the following wording:
"For the purposes of forming the report, assets in foreign currency shall be stated converted at the market exchange rate determined by Resolution of the Board of the National Bank of the Republic of Kazakhstan of 25 January 2013 No. 15 and Order of the Minister of Finance of the Republic of Kazakhstan of 22 February 2013 No. 99 "On the Procedure for Determining the Market Exchange Rate", registered in the Register of State Registration of Normative Legal Acts under No. 8378."; shall be supplemented with paragraph 9 of the following content:
"9. Adjustments (changes, additions) of data in Form 5 shall be made within 2 (two) months after the deadline established for submitting the Form."; in Appendix 6:
in the Explanation on filling out the form intended for the collection of administrative data "Report on the movement of cash foreign currency":
paragraph 2 shall be set out in the following wording:
"2. Form 16-PB has been developed in accordance with subparagraph 28) of Article 8 of the Law of the Republic of Kazakhstan of 30 March 1995 "On the National Bank of the Republic of Kazakhstan"."; paragraph 8 shall be set out in the following wording:
"8. Adjustments (changes, additions) of data in Form 16-PB shall be made within 2 (two) months after the deadline established for submitting the Form.".
2. The Balance of Payments Department shall, in the procedure established by the legislation of the Republic of Kazakhstan, ensure:
1) together with the Legal Department, state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this resolution on the official internet resource of the National Bank of the Republic of Kazakhstan after its official publication;
3) within ten working days after state registration of this resolution, submission to the Legal Department of information on the fulfilment of the measures provided for by subparagraph 2) of this paragraph and paragraph 3 of this resolution.
3. The Information and Communications Department – press service of the National Bank shall ensure, within ten calendar days after state registration of this resolution, the sending of its copy for official publication to periodical printed publications.
4. Control over the execution of this resolution shall be assigned to the supervising Deputy Chairman of the National Bank of the Republic of Kazakhstan.
5. This resolution[1] shall enter into force upon the expiry of ten calendar days after the day of its first official publication.
| Chairman | |
|---|---|
| of the National Bank | Ye. Dosayev |
| True: | |
| Chief Specialist | M. Saitova |
[1] On Amendments and Additions to Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 294 of 29 November 2018 "On Approval of the Rules for Monitoring Sources of Demand and Supply in the Domestic Foreign Exchange Market of the Republic of Kazakhstan"
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“To introduce into Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 294 of 29 November 2018 ... the following amendments and additions”
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