Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 69 of 18 May 2020 on Amendments and Additions to Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 49 of 4 April 2019 "On Approval of the Rules for Conducting Exchange Operations with Cash Foreign Currency in the Republic of Kazakhstan"

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«NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN»		REPUBLICAN STATE INSTITUTION
REPUBLICAN STATE INSTITUTION		«NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN»
RESOLUTION OF THE BOARD		RESOLUTION OF THE BOARD
18 May 2020		No. 69
Almaty city		Almaty city

On Amendments and Additions to Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 49 of 4 April 2019 «On Approval of the Rules for Conducting Exchange Operations with Cash Foreign Currency in 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 19 March 2010 «On State Statistics», of 16 May 2014 «On Permits and Notifications», of 2 July 2018 «On Currency Regulation and Currency Control» and of 25 November 2019 «On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Providing Public Services», the Board of the National Bank of the Republic of Kazakhstan RESOLVES:

1. To introduce into the Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 49 of 4 April 2019 «On Approval of the Rules for Conducting Exchange Operations with Cash Foreign Currency in the Republic of Kazakhstan» (registered in the Register of State Registration of Normative Legal Acts under No. 18545, published on 24 April 2019 in the Reference Control Bank of Normative Legal Acts of the Republic of Kazakhstan) the following amendments and additions:
   in the Rules for Conducting Exchange Operations with Cash Foreign Currency in the Republic of Kazakhstan approved by the said resolution:
   paragraph 1 shall be stated in the following wording:
   «1. These Rules for Conducting Exchange Operations with Cash Foreign Currency in the Republic of Kazakhstan (hereinafter – the Rules) are developed in accordance with the laws of the Republic of Kazakhstan of 30 March 1995 «On the National Bank of the Republic of Kazakhstan», of 31 August 1995 «On Banks and Banking Activity in the Republic of Kazakhstan» (hereinafter – the Law on Banks), of 19 March 2010 «On State Statistics», of 15 April 2013 «On Public Services» (hereinafter – the Law on Public Services), of 16 May 2014 «On Permits and Notifications» (hereinafter – the Law on Permits), of 2 July 2018 «On Currency Regulation and Currency Control» (hereinafter – the Law on Currency Regulation) and determine the procedure for licensing authorized organizations, including qualification requirements for them, notifications by an authorized bank of the commencement or termination of activity of exchange points, requirements for the activity of conducting exchange operations with cash foreign currency, conditions for the functioning of exchange points and the procedure for conducting operations for the purchase and (or) sale of refined gold in bars issued by the National Bank of the Republic of Kazakhstan (hereinafter – the National Bank), as well as the forms and deadlines for submission of reports by authorized banks and authorized organizations.»; in paragraph 2:
   the first part shall be stated in the following wording:
   «2. The Rules use concepts applied in the meanings specified in the laws of the Republic of Kazakhstan of 8 December 2001 «On Railway Transport», of 7 January 2003 «On Electronic Document and Electronic Digital Signature», of 12 April 2004 «On Regulation of Trade Activity», of 12 January 2007 «On Gambling Business», of 15 July 2010 «On the Use of Airspace of the Republic of Kazakhstan and Aviation Activity», of 16 January 2013 «On the State Border of the Republic of Kazakhstan», the Law on Public Services, the Law on Currency Regulation.»; subparagraph 4) of the second part shall be stated in the following wording:
   «4) hardware-software complex – a set of software and technical means implementing the functions of a control-cash machine, ensuring the recording of exchange operations, purchase and (or) sale of refined gold in bars;»; the second part of paragraph 6 shall be stated in the following wording:
   «The founder, participant (one of the founders, participants) of an authorized organization cannot be a person:
   1) who was a founder, participant (one of the founders, participants) of an authorized organization in respect of which a decision was made to revoke the license for exchange operations with cash foreign currency, until 3 (three) years have elapsed from the date of the corresponding decision of the territorial branch of the National Bank;
   2) in respect of whom there is a court decision that has entered into legal force on the application of a criminal penalty in the form of deprivation of the right to hold the position of a managerial employee of a financial organization, banking and (or) insurance holding and to be a major participant (major shareholder) of a financial organization;
   3) who is on the list of organizations and persons associated with the financing of terrorism and extremism in accordance with the Law on AML/CFT.»;
   paragraphs 14, 15 shall be stated in the following wording:
   «14. The license for exchange operations with cash foreign currency and the annex to the license for exchange operations with cash foreign currency are issued by the territorial branch of the National Bank through the web portal of the «electronic government» in the Kazakh and Russian languages according to the forms in accordance with appendices 3 and 4 to the Rules.
2. The presence of a valid annex to a valid license is the basis for the functioning of an exchange point (automated exchange point) of an authorized organization. To open an additional exchange point, the authorized organization receives an annex to a valid license, which is issued in the Kazakh and Russian languages according to the form in accordance with appendix 4 to the Rules.»;
   to be supplemented with paragraphs 17-1, 17-2, 17-3, 17-4 and 17-5 of the following content:
   «17-1. The list of main requirements for the provision of the public service «Issuance of a license for exchange operations with cash foreign currency issued to authorized organizations» (hereinafter – the public service), including the characteristics of the process, the form, content and result of provision, as well as other information taking into account the specifics of the provision of the public service, is established in appendix 4-1 to the Rules. 17-2. An employee of the territorial branch of the National Bank authorized to receive and register correspondence, on the day of receipt of an application for obtaining a license and an annex to the license or an annex to a valid license (hereinafter – the application) through the web portal of the «electronic government», carries out its acceptance, registration and sending for execution to the subdivision responsible for the provision of the public service (hereinafter – the responsible subdivision). If an application is received after the end of working hours, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan of 23 November 2015, applications are accepted on the next working day. When the service recipient sends an application through the web portal of the «electronic government», the status of acceptance of the request for the provision of the public service is automatically displayed in the personal account, indicating the date and time of receipt of the result. 17-3. An employee of the responsible subdivision within 2 (two) working days from the date of registration of the application checks the completeness of the submitted documents. If the fact of incompleteness of the submitted documents is established, the employee of the responsible subdivision within 2 (two) working days from the date of registration of the application prepares and sends a reasoned refusal for further consideration of the application. If the fact of completeness of the submitted documents is established, the employee of the responsible subdivision within 20 (twenty) working days from the date of registration of the application for obtaining a license and an annex to the license, within 10 (ten) working days from the date of registration of the application for obtaining an annex to a valid license, considers the documents for their compliance with the requirements of the legislation of the Republic of Kazakhstan, prepares a draft license and annex to the license, annex to a valid license or a reasoned refusal. 17-4. Inspection of the premises, equipment of the exchange point of the authorized organization for compliance with the requirements is carried out by the territorial branch of the National Bank within the period provided for the issuance of a license for exchange operations with cash foreign currency and (or) an annex to the license. 17-5. On the web portal of the «electronic government», the result of the provision of the public service is sent to the service recipient
   to the personal account in the form of an electronic document certified by the electronic digital signature of an authorized person.»; paragraph 18 shall be excluded; paragraph 19 shall be stated in the following wording:
   «19. The authorized organization applies to the territorial branch of the National Bank through the web portal of the «electronic government» for the reissuance of a valid license in the following cases:
   1) reorganization of the authorized organization in the form of merger, accession;
   2) change of the name and (or) place of state registration of the authorized organization.
   The authorized organization (its branch) applies to the territorial branch of the National Bank through the web portal of the «electronic government» for the reissuance of a valid annex to a valid license in the following cases:
   1) reissuance of a valid license for exchange operations with cash foreign currency;
   2) change of the address of the location of the exchange point without its physical relocation.
   Reissuance of the license and (or) annex to the license is not carried out in the cases specified in subparagraph 2) of the first part and subparagraph 2) of the second part of this paragraph, if the changes in the place of state registration of the authorized organization, the address of the location of the exchange point of the authorized organization occurred due to a change in the names of settlements, street names in accordance with the requirements of the Law of the Republic of Kazakhstan of 8 December 1993 «On Administrative-Territorial Structure of the Republic of Kazakhstan». An electronic application for the reissuance of a license for exchange operations with cash foreign currency and (or) an annex to the license for exchange operations with cash foreign currency in the form in accordance with appendix 5 to the Rules is sent through the web portal of the «electronic government» within 30 (thirty) calendar days from the date of occurrence of the changes that served as the basis for the reissuance of a valid license and (or) a valid annex to the license.»; to be supplemented with paragraphs 19-1, 19-2, 19-3, 19-4, 19-5 and 19-6 of the following content:
   «19-1. For the reissuance of a valid license and (or) a valid annex to the license, the authorized organization sends through the web portal of the «electronic government» the following documents:
   1) an electronic application for the reissuance of a license for exchange operations with cash foreign currency and (or) an annex to the license for exchange operations with cash foreign currency in the form in accordance with appendix 5 to the Rules;
   2) electronic copies of documents containing information about the changes that served as the basis for the reissuance of the license and (or) annex to a valid license, except for documents whose information is contained in state information systems;
   3) an electronic copy of the document confirming the payment of the license fee for the right to engage in certain types of activity, except for cases of payment through the payment gateway of the «electronic government» (in case of reissuance of a valid license for exchange operations with cash foreign currency).
   19-2. When reissuing a valid license and (or) a valid annex to a valid license, an employee of the responsible subdivision within 2 (two) working days from the date of registration of the application for reissuance of the license and (or) annex to the license checks the completeness of the submitted documents.
   If the fact of incompleteness of the submitted documents is established, the employee of the responsible subdivision within the period specified in the first part of this paragraph prepares and sends a reasoned refusal for further consideration of the application.
   If the fact of completeness of the submitted documents is established, the employee of the responsible subdivision within 10 (ten) working days from the date of registration of the application for reissuance of the license and (or) annex to the license considers the documents for their compliance with the requirements of the legislation of the Republic of Kazakhstan, prepares a draft reissued license and (or) annex to a valid license or a reasoned refusal. On the web portal of the «electronic government», the result of the provision of the public service is sent to the service recipient to the personal account in the form of an electronic document certified by the electronic digital signature of an authorized person. 19-3. Information on the stage of provision of the public service is updated automatically in the information system for monitoring the provision of public services. 19-4. The grounds for refusal to issue, reissue a license and (or) an annex to it are:
   1) failure to submit documents and (or) information provided for by the Law on Currency Regulation and the Law on Permits;
   2) non-compliance of the service recipient and (or) the submitted documents and (or) information with the requirements established by the Law on Currency Regulation and the Law on Permits.
   19-5. Appeal against decisions, actions (inactions) of the territorial branch of the National Bank and (or) its officials on issues of the provision of the public service is made in writing addressed to the head of the territorial branch of the National Bank or the person replacing him.
   The complaint of a legal entity shall indicate its name, postal address, outgoing number and date of filing the complaint. The appeal is signed by the service recipient.
   Confirmation of acceptance of the complaint is its registration (stamp, incoming number and date) in the office of the territorial branch of the National Bank, indicating the surname and initials of the person who accepted the complaint, the term and place of receipt of the response to the submitted complaint.
   The complaint of the service recipient on issues of the provision of the public service received by the territorial branch of the National Bank is considered within 5 (five) working days from the date of its registration.
   19-6. In case of disagreement with the results of the provided public service, the service recipient applies with a complaint to the authorized body for assessment and control over the quality of the provision of public services.
   The complaint of the service recipient received by the authorized body for assessment and control over the quality of the provision of public services is considered within 15 (fifteen) working days from the date of its registration.
   In case of disagreement with the results of the provided public service, the service recipient applies to the court in the manner established by the legislation of the Republic of Kazakhstan.»; paragraphs 20 and 21 shall be excluded; the first part of paragraph 33-2 shall be stated in the following wording:
   «33-2. The operating mode of exchange points (automated exchange points) is determined by the legal entity entitled to carry out exchange operations with cash foreign currency independently within the time from 9:00 to 20:00, except for exchange points (automated exchange points) located inside the buildings of railway stations, casinos, inside air terminals of international airports, as well as on the territory of automobile, sea and river checkpoints across the State Border of the Republic of Kazakhstan.»; to be supplemented with appendix 4-1 in the wording in accordance with appendix 1 to this resolution;
   appendix 12 shall be stated in the wording in accordance with appendix 2 to this resolution;
   appendix 13 shall be stated in the wording in accordance with appendix 3 to this resolution;
   appendix 14 shall be stated in the wording in accordance with appendix 4 to this resolution;
   appendix 16 shall be stated in the wording in accordance with appendix 5 to this resolution.
3. The Department of Cash Circulation shall, in the manner 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 the state registration of this resolution, submission to the Legal Department of information on the implementation of the measures provided for by subparagraph 2) of this paragraph and paragraph 3 of this resolution.
4. The Department of Information and Communications – Press Service of the National Bank shall ensure, within ten calendar days after the state registration of this resolution, the sending of its copy for official publication in periodical printed publications.
5. Control over the execution of this resolution shall be assigned to the supervising Deputy Chairman of the National Bank of the Republic of Kazakhstan.
6. This resolution[1] shall enter into force upon the expiration of twenty-one calendar days after the day of its official publication, except for paragraphs sixty-two, sixty-three, sixty-four and sixty-five of paragraph 1 of this resolution, which shall enter into force upon the expiration of two months after the day of the first official publication of this resolution.

Chairman
of the National Bank	E. Dosayev
True:
Chief Specialist	S. Arynbayev

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[1] On Amendments and Additions to Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 49 of 4 April 2019 «On Approval of the Rules for Conducting Exchange Operations with Cash Foreign Currency in the Republic of Kazakhstan»