Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 98 of 22 November 2021 on Amendments to Resolutions of the Board of the National Bank of the Republic of Kazakhstan No. 216 of 31 August 2016 and No. 217 of 31 August 2016

"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
22 November 2021, Nur-Sultan city		No. 98, Nur-Sultan city

On Amendments to Resolutions of the Board of the National Bank of the Republic of Kazakhstan No. 216 of 31 August 2016 "On Approval of the Rules for Making Interbank Payments and (or) Money Transfers for Transactions Using Payment Cards in the Republic of Kazakhstan" and No. 217 of 31 August 2016 "On Approval of the Rules for the Functioning of the Interbank Payment Card System"

In accordance with subparagraphs 19) and 29) of part two of Article 15 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and subparagraphs 3) and 7) of paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan "On Payments and Payment Systems", the Board of the National Bank of the Republic of Kazakhstan RESOLVES:

1. To amend Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 216 of 31 August 2016 "On Approval of the Rules for Making Interbank Payments and (or) Money Transfers for Transactions Using Payment Cards in the Republic of Kazakhstan" (registered in the State Registration Register of Normative Legal Acts under No. 14292) as follows:

the preamble shall be restated as follows:

"In accordance with subparagraph 29) of part two of Article 15 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and subparagraph 3) of paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan "On Payments and Payment Systems", the Board of the National Bank of the Republic of Kazakhstan RESOLVES:";

in the Rules for Making Interbank Payments and (or) Money Transfers for Transactions Using Payment Cards in the Republic of Kazakhstan approved by the said resolution:

paragraphs 1 and 2 shall be restated as follows:

"1. These Rules for Making Interbank Payments and (or) Money Transfers for Transactions Using Payment Cards in the Republic of Kazakhstan (hereinafter – the Rules) are developed in accordance with subparagraph 29) of part two of Article 15 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan", subparagraph 3) of paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan "On Payments and Payment Systems" (hereinafter – the Law on Payments and Payment Systems) and determine the procedure for making interbank payments and (or) money transfers for transactions using payment cards in the Republic of Kazakhstan.

2. The Rules use the concepts provided for by the Law on Payments and Payment Systems, the Rules for Issuing Payment Cards, as well as the requirements for activities servicing transactions with their use in the territory of the Republic of Kazakhstan, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 205 of 31 August 2016 "On Approval of the Rules for Issuing Payment Cards, as well as Requirements for Activities Servicing Transactions with Their Use in the Territory of the Republic of Kazakhstan", registered in the State Registration Register of Normative Legal Acts under No. 14299, as well as the following concepts:

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

2) participant of an interbank payment and (or) money transfers (hereinafter – participant) – a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan and (or) an organization carrying out certain types of banking operations, (hereinafter – bank), which is an issuer of a payment card and (or) an acquirer;

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

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

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

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

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

8) interbank payment card system – a payment system intended for routing messages and clearing between its participants;

9) operations center of the interbank payment card system (hereinafter – operations center) – the Republican State Enterprise on the right of economic management "Kazakhstan Center for Interbank Settlements of the National Bank of the Republic of Kazakhstan";

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

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

12) international payment card system – a foreign payment system ensuring transactions using payment cards within that system in the territory of three or more countries, whose participants are banks, and whose operator is a legal entity established in accordance with the legislation of a foreign state.";

paragraphs 10 and 11 shall be restated as follows:

"10. The channel of the interbank payment card system is used for making interbank payments for transactions performed in the territory of the Republic of Kazakhstan using payment cards issued by banks, on the basis of an agreement concluded between the operations center and a participant.

Routing of messages, authorization and clearing for transactions performed in the territory of the Republic of Kazakhstan using payment cards of international payment card systems are carried out by the operations center in accordance with the terms of the agreement concluded by the operations center with the operator of the international payment card system and the internal documents of international payment card systems.

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

1) making interbank payments in accordance with the internal documents of the payment card system and the terms of agreements concluded between the operator of the payment card system or the operations center and a participant;

2) routing messages to obtain authorization.

The channel of international payment card systems is used for making interbank payments for transactions performed:

1) outside the Republic of Kazakhstan using payment cards, including payment cards of international payment card systems issued by banks, in accordance with the internal documents of international payment card systems;

2) in the territory of the Republic of Kazakhstan using payment cards of international payment card systems issued by legal entities established in accordance with the legislation of a foreign state, in accordance with the internal documents of international payment card systems;

3) in accordance with the terms of the agreement concluded by the operations center with the operator of the international payment card system.".

2. To amend Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 217 of 31 August 2016 "On Approval of the Rules for the Functioning of the Interbank Payment Card System" (registered in the State Registration Register of Normative Legal Acts under No. 14306) as follows:

the preamble shall be restated as follows:

"In accordance with subparagraph 19) of part two of Article 15 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and subparagraph 7) of paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan "On Payments and Payment Systems", the Board of the National Bank of the Republic of Kazakhstan RESOLVES:";

the Rules for the Functioning of the Interbank Payment Card System approved by the said resolution shall be restated in the wording according to 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) together with the Legal Department (Kasenov A.S.), 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 measure provided for by subparagraph 2) of this paragraph.

4. Control over the execution of this resolution shall be assigned to the Deputy Chairman of the National Bank of the Republic of Kazakhstan Sholpankulov B.Sh.

5. This resolution is subject to official publication and enters into force on 1 July 2022.

Chairman

of the National Bank E. Dosayev

Appendix to the resolution

Approved

by resolution of the Board

of the National Bank

of the Republic of Kazakhstan

No. 217 of 31 August 2016

Rules

for the Functioning of the Interbank Payment Card System

Chapter 1. General Provisions

1. These Rules for the Functioning of the Interbank Payment Card System (hereinafter – the Rules) are developed in accordance with subparagraph 19) of part two of Article 15 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan", subparagraph 7) of paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan "On Payments and Payment Systems" (hereinafter – the Law on Payments and Payment Systems) and determine the procedure for the functioning of the interbank payment card system (hereinafter – the system).

2. The Rules use the concepts provided for by the Law on Payments and Payment Systems, the Rules for Issuing Payment Cards, as well as the requirements for activities servicing transactions with their use in the territory of the Republic of Kazakhstan, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 205 of 31 August 2016, registered in the State Registration Register of Normative Legal Acts under No. 14299, as well as the following concepts:

1) authorization – permission of the payment card issuer for transactions using a payment card. The procedure for obtaining authorization is established in accordance with an agreement concluded between the operations center of the system and (or) the operator of the international payment card system and a participant of the system;

2) authorization message – a request (response) containing information necessary for authorization and transmitted between participants of the system through the operations center of the system;

3) interbank commission – a monetary amount paid by one participant of the system to another participant of the system when performing a transaction on payment cards issued by a participant of the system in the servicing network of another participant of the system;

4) interbank payments and (or) money transfers (hereinafter – interbank payments) – payments and (or) money transfers made by one participant of the system in favor of another participant of the system for transactions using payment cards in the servicing network of that participant of the system;

5) participant of the system – a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan and (or) an organization carrying out certain types of banking operations, (hereinafter – bank), performing in the system the functions of an issuer of a payment card and (or) an acquirer on the basis of an agreement concluded with the operations center of the system;

6) bank identification number for payment cards issued by a participant of the system (hereinafter – bank identification number) – a unique number assigned to the issuer by the relevant payment card system to identify the payment card issued by it in that system;

7) operations center of the system – the Republican State Enterprise on the right of economic management "Kazakhstan Center for Interbank Settlements of the National Bank of the Republic of Kazakhstan";

8) operating rules of the operations center of the system (hereinafter – operating rules) – an internal document of the operations center of the system determining the procedure for its activities and the conditions for performing the functions assigned to it;

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

10) intraday overdraft loan – a short-term loan for one operating day provided by the National Bank of the Republic of Kazakhstan to participants of the system in the absence or insufficiency of money on their position in the interbank money transfer system for making money transfers based on the results of clearing of interbank payments (hereinafter – clearing);

11) routing of messages for transactions using payment cards (hereinafter – routing of messages) – the process of determining the route and transmitting messages for interbank payments between participants of the system;

12) message – a group of information data used for exchanging information between the operations center of the system and participants of the system;

13) international payment card system – a foreign payment system ensuring transactions using payment cards within that system in the territory of three or more countries, whose participants are banks, and whose operator is a legal entity established in accordance with the legislation of a foreign state.

3. The system is intended for making interbank payments for transactions performed in the territory of the Republic of Kazakhstan using payment cards issued by banks.

Routing of messages, authorization and clearing for transactions performed in the territory of the Republic of Kazakhstan using payment cards are carried out by the operations center of the system on the basis of an agreement concluded with a bank and (or) the operator of an international payment card system.

Chapter 2. Provision of Services to Banks for Routing Messages, Authorization and Clearing

4. When carrying out routing of messages, authorization and clearing, the following functions are assigned to the operations center of the system:

1) routing of messages related to authorization messages;

2) organizing the exchange and transmission of financial messages between participants of the system;

3) carrying out clearing;

4) forming and transmitting payment documents for making money transfers based on the results of clearing in the interbank money transfer system;

5) ensuring the protection of messages during their routing, clearing and money transfer based on the results of clearing in accordance with the requirements established by the Laws of the Republic of Kazakhstan "On Electronic Document and Electronic Digital Signature", "On Informatization" and agreements;

6) forming and providing reports on routing of messages, clearing and money transfer based on the results of clearing.

5. Routing of messages and authorization in the system are carried out on a round-the-clock basis.

6. To identify a participant of the system during routing of messages, the operations center of the system uses the bank identification numbers submitted by it.

When bank identification numbers are changed or updated, the participant of the system shall immediately, but no later than the next working day from the moment of updating, inform the operations center of the system through secure channels, which shall send the updated details to other participants of the system.

7. Based on the results of transactions performed using payment cards of other participants of the system in its servicing network, participants of the system form and transmit to the system financial messages in relation to other participants of the system for making interbank payments.

8. Clearing is carried out on the basis of offsetting mutual claims and obligations of participants of the system for financial messages issued by them, as well as calculated interbank commissions for interbank payments made in accordance with the operating rules.

9. Determination of net positions of participants of the system is made by finding the difference in the amounts of mutual claims and obligations of participants of the system, as well as calculated interbank commissions. Determination of net positions of participants of the system is carried out by the operations center of the system according to the schedule of the operating day approved by the operations center of the system.

10. When determining net positions of participants of the system, the difference between the sums of debit and credit net positions of all participants of the system equals zero.

11. After completion of clearing, the operations center of the system transmits information on financial messages processed in the system and interbank commissions to participants of the system in the procedure and within the timeframes provided for by the agreement between the operations center of the system and a participant of the system.

12. Money transfer based on the results of clearing is carried out after the completion of the process of offsetting mutual claims and obligations of participants of the system.

13. Money transfer based on the results of clearing between participants of the system is carried out in the interbank money transfer system in accordance with the net position of each participant of the system.

14. Based on the results of clearing, the operations center of the system draws up and transmits to the interbank money transfer system payment documents for making money transfers in the following sequence:

1) first, money is transferred from the positions of participants of the system having debit net positions based on the results of clearing to the position of the system;

2) second, money is transferred from the position of the system to the positions of participants of the system having credit net positions based on the results of clearing.

15. After completion of money transfer based on the results of clearing, the operations center of the system issues to a participant of the system a notification of completion of money transfer in accordance with the net position of that participant of the system. The balance of money on the position of the system in the interbank money transfer system equals zero.

16. In case of insufficiency or absence of money from a participant of the system for making money transfer based on the results of clearing, the National Bank of the Republic of Kazakhstan provides an intraday overdraft loan on the basis of an agreement concluded between the participant of the system and the National Bank of the Republic of Kazakhstan, which determines the procedure and conditions for providing the intraday overdraft loan.

17. Creation of a reserve fund of participants of the system and other risk management methods is allowed in accordance with agreements concluded between the operations center of the system and participants of the system to ensure timely money transfers based on the results of clearing.

18. The formats for transmitting electronic messages used in the system, features and standards of the system are developed and approved by the operations center of the system and observed by all participants of the system.

19. The procedure for providing services of the operations center of the system for routing messages, authorization, identification of participants of the system, clearing, money transfer based on the results of clearing is established by the operating rules.

20. The system applies types of interbank commissions in accordance with the internal documents of the operations center of the system.

21. The requirements of this chapter do not apply to relations related to the provision by the operations center of the system to the operator of an international payment card system of services for routing messages, authorization and clearing of interbank payments for transactions performed in the territory of the Republic of Kazakhstan using payment cards of international payment card systems, according to the terms of the agreement concluded between the operations center of the system and the operator of the international payment card system.

Chapter 3. Provision of Services to the Operator of an International Payment Card System for Routing Messages, Authorization and Clearing

22. Services for routing messages, authorization and clearing on payment cards in the territory of the Republic of Kazakhstan are provided by the operations center of the system to the operator of an international payment card system in accordance with the terms of the agreement concluded between them.

23. Within the framework of interaction with the operator of an international payment card system, the operations center of the system is assigned the fulfillment of the following requirements:

1) ensuring equal conditions of access and use of its services to all participants of the international payment card system;

2) availability of technical and other premises for safe placement and operation of the system;

3) availability of a backup center for storing information and restoring information systems and databases in the event of emergency and unforeseen situations;

4) ensuring routing of messages, obtaining authorization, clearing for transactions performed using payment cards in the procedure determined by the operator of the international payment card system;

5) ensuring confidentiality of information on transactions of participants of the system.

24. Routing of messages, authorization, clearing, money transfer based on the results of clearing, establishment of interbank commissions and servicing tariffs, risk assessment and management in the system, as well as pre-trial consideration of disputes on interbank payments are carried out in accordance with agreements concluded between the operations center and (or) the operator of the system and the operator of the international payment card system.

25. The procedure for interaction between the operations center of the system and the operator of the international payment card system is established by the agreement concluded between them and the internal document of the international payment card system.

26. Participation of a participant of the international payment card system in the system is terminated in the following cases:

1) deprivation (revocation) of a license for conducting transfer operations issued by the state body carrying out state regulation, control and supervision of the financial market and financial organizations;

2) termination of the agreement between a participant of the payment card system and the operator of an international payment card system;

3) reorganization or liquidation of a participant of the international payment card system.

27. When the participation of a participant of the international payment card system is suspended and (or) terminated at the initiative of its operator, the operations center of the system is permitted to service that system participant on the basis of an agreement between the system participant and the operations center of the system.

28. Money transfers using payment cards of international payment card systems based on clearing results are carried out in the national currency of the Republic of Kazakhstan in the interbank money transfer system.

29. The operations center of the system, to ensure the security of the system:

1) ensures the integrity, availability, authenticity and confidentiality of information at all stages of its processing and transmission;

2) performs procedures for the secure distribution of cryptographic keys used in the processing and transmission of information between system participants and the operations center of the system;

3) ensures the use of an electronic digital signature for incoming and outgoing electronic messages.

30. Ensuring the uninterrupted functioning of the system is achieved through:

1) redundancy of the system's software and hardware complex (primary and backup centers);

2) ensuring backup and archiving of data;

3) redundancy of communication channels (primary and backup) for interaction with system participants;

4) monitoring and analysis of the functioning of the system in order to identify the causes of disruptions in the functioning of the system, devices, information systems, and the development and implementation of measures to eliminate them;

5) application by the operations center of the system of organizational and technical measures aimed at ensuring the uninterrupted functioning of the system.

31. The operations center of the system monitors compliance by participants of the international payment card system with the information protection requirements defined by the agreement and internal documents of the international payment card system.

The operations center of the system takes the necessary emergency measures, including disconnecting a participant of the international payment card system by notifying it in the manner provided for by the terms of the concluded agreement, if the participant of the international payment card system violates the security requirements established in the Rules, the agreement and internal documents of the international payment card system.