Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 99 of 26 December 2023 on Amendments and Additions to Resolution of the Board of Directors of the National Bank of the Republic of Kazakhstan No. 83 of 31 May 2017 on Approval of Model Accession Agreements for Servicing a Correspondent Account in National Currency, in National Currency with Users of the Interbank Money Transfer System and in Foreign Currency with the National Bank

"NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN" REPUBLICAN STATE INSTITUTION		REPUBLICAN STATE INSTITUTION "NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN"
RESOLUTION OF THE BOARD OF DIRECTORS		RESOLUTION OF THE BOARD OF DIRECTORS
26 December 2023 Astana city		No. 99 city of Astana

On Amendments and Additions to the Resolution of the Board of Directors

of the National Bank of the Republic of Kazakhstan No. 83 of 31 May 2017

"On Approval of Model Accession Agreements for Servicing a Correspondent Account in National Currency, in National Currency with Users of the Interbank Money Transfer System and

in Foreign Currency with the National Bank"

The Board of Directors of the National Bank of the Republic of Kazakhstan RESOLVES:

1. To introduce into the Resolution of the Board of Directors of the National Bank of the Republic of Kazakhstan No. 83 of 31 May 2017 "On Approval of Model Accession Agreements for Servicing a Correspondent Account in National Currency, in National Currency with Users of the Interbank Money Transfer System and in Foreign Currency with the National Bank" the following amendments and additions:

the preamble shall be stated in the following wording:

"In accordance with the third paragraph of subparagraph 12) of part five of paragraph 24 of the Regulation on the National Bank of the Republic of Kazakhstan approved by Decree of the President of the Republic of Kazakhstan No. 1271 of 31 December 2003 "On Approval of the Regulation and Structure of the National Bank of the Republic of Kazakhstan" and paragraph 2 of the Resolution of the Board of the National Bank of the Republic of Kazakhstan No. 209 of 31 August 2016 "On Approval of the Rules for Establishing Correspondent Relations between the National Bank of the Republic of Kazakhstan and Banks, Branches of Non-Resident Banks of the Republic of Kazakhstan, as well as Organizations Carrying Out Certain Types of Banking Operations", the Board of Directors of the National Bank of the Republic of Kazakhstan RESOLVES:";

paragraph 1-1 shall be stated in the following wording:

"1-1. A correspondent account agreement different from the model forms approved by this resolution shall be concluded by the National Bank of the Republic of Kazakhstan with certain legal entities accepted for servicing by the National Bank of the Republic of Kazakhstan, taking into account the recommendations of the Risk Committee of the National Bank.";

in the Model Accession Agreement for Servicing a Correspondent Account in National Currency approved according to Appendix 1 to the said resolution:

in the upper left corner the words "Almaty city" shall be replaced by the words "Astana city";

paragraph 2.1 shall be stated in the following wording:

"2.1. The National Bank undertakes:

1) to open a correspondent account for the Client*;

2) to accept (credit) money received in favor of the Client on the terms provided by the Agreement;

3) to ensure the availability of money received in the correspondent account upon presentation of the Client's claims, except for cases provided by the Agreement and the legislation of the Republic of Kazakhstan;

4) in the absence of grounds for refusal to execute an instruction, to execute the instruction within the amount of the balance of money in the correspondent account within the time limits established by the legislation of the Republic of Kazakhstan, the terms of the Agreement and the Operating Day Schedule of the National Bank (hereinafter - the Schedule) posted on the official internet resource of the National Bank (www.nationalbank.kz), unless the terms of such instruction establish a later date for its execution;

5) to ensure the Client's right to freely dispose of the money in the correspondent account within the balance of money in it, except for cases provided by the legislation of the Republic of Kazakhstan, as well as on the terms established by the Agreement;

6) to accept and execute instructions sent by the Client to the National Bank in accordance with the requirements of the legislation of the Republic of Kazakhstan and the Agreement and within the time limits provided by the Schedule;

7) to withdraw the Client's money from the correspondent account in the manner provided by the legislation of the Republic of Kazakhstan, as well as on the terms established by the Agreement;

8) upon receipt of a collection order and payment request, to accept and execute them in accordance with the legislation of the Republic of Kazakhstan and the Schedule, and in case of absence or insufficiency of the amount of money in the correspondent account, to keep and execute them within the period established by the legislation of the Republic of Kazakhstan.

In cases provided by the legislation of the Republic of Kazakhstan, the National Bank refuses to execute a collection order or payment request;

9) when carrying out operations on the Client's correspondent account, to issue a statement on the correspondent account within the time limits provided by the Schedule;

10) to accept and execute the Client's instructions for the issuance of cash money of the Client through the cash desks of branches of the National Bank in accordance with the regulatory legal acts of the National Bank and the Schedule;

11) to ensure confidentiality of information on operations conducted on the correspondent account and the amount of money in the correspondent account, and other information constituting banking and other legally protected secrets, except for cases provided by the legislation of the Republic of Kazakhstan;

12) no later than the current working day, to notify the Client by telephone and (or) electronic communication about the impossibility of execution or refusal to execute its instructions received within the time provided by the Schedule;

13) in case of independent establishment or receipt of written notification from the Client about the execution of an erroneous instruction, to return the money to the Client in the manner established by the legislation of the Republic of Kazakhstan;

14) in case of establishment of the fact of an unauthorized payment, to make a return in accordance with the legislation of the Republic of Kazakhstan;

15) in case of change of the Schedule, as well as types and amounts of fees for services provided by the National Bank (hereinafter - Tariffs) posted on the official internet resource of the National Bank (www.nationalbank.kz), to notify the Client in writing no later than 10 (ten) working days before the day of entry into force of the changes.";

in paragraph 2.2:

subparagraph 4) shall be stated in the following wording:

"4) in case of establishment of execution of an erroneous instruction, no later than 3 (three) operational days from the day of detection of this fact, to notify the National Bank thereof in accordance with the legislation of the Republic of Kazakhstan;";

to supplement with subparagraph 6-1) of the following content:

"6-1) in case of change of the Charter, specimen signatures and (or) seal imprint of the Client, to notify the National Bank in writing within 5 (five) working days from the day of such changes with attachment of a new document with specimen signatures executed in the manner provided by the legislation of the Republic of Kazakhstan;";

subparagraph 7) shall be stated in the following wording:

"7) to provide and fill out, at the request of the National Bank, the necessary documents in cases provided by the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and financing of terrorism, including within the framework of conducting proper verification of clients, as well as on issues of compliance with international, country, supranational sanctions;";

to supplement with subparagraphs 8), 9) and 10) of the following content:

"8) to provide confirmation of receipt and storage of consents of the person (persons) authorized to sign payment documents when performing operations related to maintaining the Client's bank accounts opened with the National Bank, for the collection and processing of personal data;

9) not to initiate operations on the correspondent account when the purpose of the instruction is unclear and there is no possibility of determining the ultimate beneficiary, in cases entailing reputational, operational and other risks for the services provided in relation to the activities of the National Bank;

10) to perform other duties provided by the Agreement.";

in paragraph 2.3:

subparagraph 9) shall be stated in the following wording:

"9) to restrict the Client's disposal of money in the correspondent account in the manner provided by the legislation of the Republic of Kazakhstan, as well as on the terms established by the Agreement;";

to supplement with subparagraphs 10) and 11) of the following content:

"10) to unilaterally refuse to perform the Agreement or refuse to execute operations on the correspondent account in cases and in the manner provided by the legislation of the Republic of Kazakhstan, when the purpose of the instruction is unclear and there is no possibility of determining the ultimate beneficiary, as well as in the presence of reputational, operational and other risks for the services provided in relation to the activities of the National Bank;

11) to exercise other rights provided by the Agreement and the legislation of the Republic of Kazakhstan.";

subparagraph 2) of paragraph 2.4 shall be stated in the following wording:

"2) to receive statements on the correspondent account in accordance with the Schedule.";

the heading of chapter 3 shall be stated in the following wording:

"3. Methods of interaction between the National Bank and the Client";

paragraph 3.2 shall be stated in the following wording:

"3.2. When transmitting instructions and other messages, the Parties agree to use the SWIFT system and the financial automated system for transportation of information of the operational center of payment systems, the operator of which is the National Bank (hereinafter - FASTI), as the main communication channels. In exceptional cases (failure in the operation of SWIFT, FASTI systems), interaction is carried out on paper and (or) by using a backup communication channel (by agreement of the Parties). The Parties acknowledge that instructions and messages transmitted through SWIFT and FASTI systems or the backup communication channel are equivalent to documents drawn up on paper.";

paragraph 4.1 shall be stated in the following wording:

"4.1. In case of non-performance, unjustified refusal to perform or improper performance of obligations under the Agreement, the guilty Party shall compensate the other Party for the actual damage incurred by it in accordance with the legislation of the Republic of Kazakhstan.";

paragraph 4.3 shall be stated in the following wording:

"4.3. The National Bank shall not be liable for non-execution of the Client's instructions on the correspondent account if the amount of the Client's instruction exceeds the amount of money in the correspondent account at the time of execution of the instruction, as well as for non-execution (untimely execution) of an instruction on the grounds provided by the legislation of the Republic of Kazakhstan, refusal to execute operations on the correspondent account upon occurrence of the cases specified in subparagraph 10) of paragraph 2.3 of the Agreement, failure by the Client to fulfill the conditions provided by subparagraphs 7) and 9) of paragraph 2.2 of the Agreement.";

paragraph 4.4 shall be excluded;

paragraph 4.5 shall be stated in the following wording:

"4.5. The National Bank shall not be liable for damage arising as a result of the occurrence of the cases specified in paragraph 4.3 of the Agreement, incorrect execution of an instruction, errors, refusal or delay, through the fault of the Client and (or) the beneficiary, other third parties.";

paragraph 5.1 shall be stated in the following wording:

"5.1. The Parties shall be released from liability for non-performance or improper performance of their obligations under the Agreement if it was a consequence of the occurrence of force majeure circumstances, including floods, earthquakes and other natural disasters, restrictive measures, environmental catastrophes, military actions, terrorist acts, civil war, civil unrest, mass riots or strikes, adoption of legal acts of the Republic of Kazakhstan which the Parties could not foresee and which directly affected the performance by the Parties of their obligations under the Agreement.";

to supplement with paragraph 7.3.1 of the following content:

"7.3.1. In case of unilateral refusal by the National Bank to perform the Agreement, closure of the correspondent account is allowed in the manner provided by the legislation of the Republic of Kazakhstan.";

paragraph 7.5 shall be stated in the following wording:

"7.5. In case of change of name and (or) requisites and (or) location of the Parties, the Party shall notify the other Party in writing within 10 (ten) working days from the day of such changes.";

in the Model Accession Agreement for Servicing a Correspondent Account in National Currency with Users of the Interbank Money Transfer System approved according to Appendix 2 to the said resolution:

in the upper left corner the words "Almaty city" shall be replaced by the words "Astana city";

paragraph 2.1 shall be stated in the following wording:

"2.1. The National Bank undertakes:

1) to open a correspondent account for the Client*;

2) to accept (credit) money received in favor of the Client on the terms provided by the Agreement;

3) to ensure the availability of money received in the correspondent account upon presentation of the Client's claims, except for cases provided by the Agreement and the legislation of the Republic of Kazakhstan;

4) in the absence of grounds for refusal to execute an instruction, to execute the instruction within the amount of the balance of money in the correspondent account within the time limits established by the legislation of the Republic of Kazakhstan, the terms of the Agreement and the Operating Day Schedule of the National Bank (hereinafter - the Schedule) posted on the official internet resource of the National Bank (www.nationalbank.kz), unless the terms of such instruction establish a later date for its execution;

5) to ensure the Client's right to freely dispose of the money in the correspondent account within the balance of money in it, except for cases provided by the legislation of the Republic of Kazakhstan, as well as on the terms established by the Agreement;

6) to accept and execute instructions sent by the Client to the National Bank in accordance with the requirements of the legislation of the Republic of Kazakhstan and the Agreement and within the time limits provided by the Schedule;

7) at the beginning of the operational day, to transfer money from the correspondent account to the account of the interbank money transfer system (hereinafter - the System) in the National Bank on the basis of an instruction or a standing instruction submitted by the Client, which may be expressed as a total or percentage ratio of the amount of the balance of money in the correspondent account and is valid until written instruction from the Client to revoke it;

8) upon the Client's instruction, to transfer money from the System account in the National Bank (hereinafter - the System account) to the correspondent account, or from the correspondent account to the System account during the operational day on the basis of an instruction, or on the basis of a standing instruction executed in accordance with the requirements established by the regulatory legal acts of the National Bank;

9) to withdraw the Client's money from the correspondent account in the manner provided by the legislation of the Republic of Kazakhstan, as well as on the terms established by the Agreement;

10) upon receipt of a collection order and payment request, to accept and execute them in accordance with the legislation of the Republic of Kazakhstan and the Schedule, and in case of absence or insufficiency of the amount of money in the correspondent account, to keep and execute them within the period established by the legislation of the Republic of Kazakhstan.

In cases provided by the legislation of the Republic of Kazakhstan, the National Bank refuses to execute a collection order or payment request;

11) when carrying out operations on the Client's correspondent account, to issue a statement on the correspondent account within the time limits provided by the Schedule;

12) to accept and execute the Client's instructions for the issuance of cash money of the Client through the cash desks of branches of the National Bank in accordance with the regulatory legal acts of the National Bank and the Schedule;

13) to ensure confidentiality of information on operations conducted on the correspondent account and the amount of money in the correspondent account, and other information constituting banking and other legally protected secrets, except for cases provided by the legislation of the Republic of Kazakhstan;

14) no later than the current working day, to notify the Client by telephone and (or) electronic communication about the impossibility of execution or refusal to execute its instructions received within the time provided by the Schedule;

15) in case of independent establishment or receipt of written notification from the Client about the execution of an erroneous instruction, to return the money to the Client in the manner established by the legislation of the Republic of Kazakhstan;

16) in case of establishment of the fact of an unauthorized payment, to make a return in accordance with the legislation of the Republic of Kazakhstan;

17) in case of change of the Schedule, as well as types and amounts of fees for services provided by the National Bank (hereinafter - Tariffs) posted on the official internet resource of the National Bank (www.nationalbank.kz) to notify the Client in writing no later than 10 (ten) working days before the day of entry into force of the changes.";

in paragraph 2.2:

subparagraph 4) shall be stated in the following wording:

"4) in case of establishment of execution of an erroneous instruction, no later than 3 (three) operational days from the day of detection of this fact, to notify the National Bank thereof in accordance with the legislation of the Republic of Kazakhstan;";

to supplement with subparagraph 6-1) of the following content:

"6-1) in case of change of the Charter, specimen signatures and (or) seal imprint of the Client, to notify the National Bank in writing within 5 (five) working days from the day of such changes with attachment of a new document with specimen signatures executed in the manner provided by the legislation of the Republic of Kazakhstan;";

subparagraph 7) shall be stated in the following wording:

"7) to provide and fill out, at the request of the National Bank, the necessary documents in cases provided by the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and financing of terrorism, including within the framework of conducting proper verification of clients, as well as on issues of compliance with international, country, supranational sanctions;";

to supplement with subparagraphs 8), 9) and 10) of the following content:

"8) to provide confirmation of receipt and storage of consents of the person (persons) authorized to sign payment documents when performing operations related to maintaining the Client's bank accounts opened with the National Bank, for the collection and processing of personal data;

9) not to initiate operations on the correspondent account when the purpose of the instruction is unclear and there is no possibility of determining the ultimate beneficiary, in cases entailing reputational, operational and other risks for the services provided in relation to the activities of the National Bank;

10) to perform other duties provided by the Agreement.";

in paragraph 2.3:

subparagraph 11) shall be stated in the following wording:

"11) to restrict the Client's disposal of money in the correspondent account in the manner provided by the legislation of the Republic of Kazakhstan, as well as on the terms established by the Agreement;";

to supplement with subparagraphs 12) and 13) of the following content:

"12) to unilaterally refuse to perform the Agreement or refuse to execute operations on the correspondent account in cases and in the manner provided by the legislation of the Republic of Kazakhstan, when the purpose of the instruction is unclear and there is no possibility of determining the ultimate beneficiary, as well as in the presence of reputational, operational and other risks for the services provided in relation to the activities of the National Bank;

13) to exercise other rights provided by the Agreement and the legislation of the Republic of Kazakhstan.";

subparagraph 2) of paragraph 2.4 shall be stated in the following wording:

"2) to receive statements on the correspondent account in accordance with the Schedule.";

the heading of chapter 3 shall be stated in the following wording:

"3. Methods of interaction between the National Bank and the Client";

paragraph 3.2 shall be stated in the following wording:

"3.2. When transmitting instructions and other messages, the Parties agree to use the SWIFT system and the financial automated system for transportation of information of the operational center of payment systems, the operator of which is the National Bank (hereinafter - FASTI), as the main communication channels. In exceptional cases (failure in the operation of SWIFT, FASTI systems), interaction is carried out on paper and (or) by using a backup communication channel (by agreement of the Parties). The Parties acknowledge that instructions and messages transmitted through SWIFT and FASTI systems or the backup communication channel are equivalent to documents drawn up on paper.";

paragraph 4.1 shall be stated in the following wording:

"4.1. In case of non-performance, unjustified refusal to perform or improper performance of obligations under the Agreement, the guilty Party shall compensate the other Party for the actual damage incurred by it in accordance with the legislation of the Republic of Kazakhstan.";

paragraph 4.3 shall be stated in the following wording:

"4.3. The National Bank shall not be liable for non-execution of the Client's instructions on the correspondent account if the amount of the Client's instruction exceeds the amount of money in the correspondent account at the time of execution of the instruction, as well as for non-execution (untimely execution) of an instruction on the grounds provided by the legislation of the Republic of Kazakhstan, refusal to execute operations on the correspondent account upon occurrence of the cases specified in subparagraph 12) of paragraph 2.3 of the Agreement, failure by the Client to fulfill the conditions provided by subparagraphs 7) and 9) of paragraph 2.2 of the Agreement.";

paragraph 4.4 shall be excluded;

paragraph 4.6 shall be stated in the following wording:

"4.6. The National Bank shall not be liable for damage arising as a result of the occurrence of the cases specified in paragraph 4.3 of the Agreement, incorrect execution of an instruction, errors, refusal or delay, through the fault of the Client and (or) the beneficiary, other third parties.";

paragraph 5.1 shall be stated in the following wording:

"5.1. The Parties shall be released from liability for non-performance or improper performance of their obligations under the Agreement if it was a consequence of the occurrence of force majeure circumstances, including floods, earthquakes and other natural disasters, restrictive measures, environmental catastrophes, military actions, terrorist acts, civil war, civil unrest, mass riots or strikes, adoption of legal acts of the Republic of Kazakhstan which the Parties could not foresee and which directly affected the performance by the Parties of their obligations under the Agreement.";

paragraph 7.1.1 shall be stated in the following wording:

"7.1.1. Paragraphs 4.1, 6.2, 7.4, 7.7 apply to Islamic banks in accordance with the principles of Islamic finance.";

to supplement with paragraph 7.3.1 of the following content:

"7.3.1. In case of unilateral refusal by the National Bank to perform the Agreement, closure of the correspondent account is allowed in the manner provided by the legislation of the Republic of Kazakhstan.";

paragraph 7.5 shall be stated in the following wording:

"7.5. In case of change of name and (or) requisites and (or) location of the Parties, the Party shall notify the other Party in writing within 10 (ten) working days from the day of such changes.";

in the Model Accession Agreement for Servicing a Correspondent Account in Foreign Currency approved according to Appendix 3 to the said resolution:

in the upper left corner the words "Almaty city" shall be replaced by the words "Astana city";

paragraph 2.1 shall be stated in the following wording:

"2.1. The National Bank undertakes:

1) to open a correspondent account for the Client*;

2) to accept (credit) money received for the Client under the terms of the Agreement;
3) to ensure the availability of money received into the correspondent account upon presentation of the Client's demands, except in cases provided for by the Agreement and the legislation of the Republic of Kazakhstan;
4) in the absence of grounds for refusing to execute the instruction, to execute the instruction within the limits of the balance of money on the correspondent account within the deadlines established by the legislation of the Republic of Kazakhstan, the terms of the Agreement, and the Operational Day Schedule of the National Bank (hereinafter referred to as the Schedule), posted on the official internet resource of the National Bank (www.nationalbank.kz), unless a later execution deadline is established by the terms of such instruction;
5) to ensure the Client's right to freely dispose of the money held in the correspondent account, within the limits of the balance of money on it, except in cases provided for by the legislation of the Republic of Kazakhstan, and on terms established by the Agreement;
6) to accept and execute instructions sent by the Client to the National Bank in accordance with the requirements of the legislation of the Republic of Kazakhstan and the Agreement and within the deadlines provided for by the Schedule;
7) to make withdrawals of the Client's money from the correspondent account in the manner prescribed by the legislation of the Republic of Kazakhstan, as well as on terms established by the Agreement;
8) upon receipt of a collection order and payment demand, to accept and execute in accordance with the legislation of the Republic of Kazakhstan and the Schedule, and in the absence or insufficiency of the amount of money on the correspondent account, to store and execute them for the period established by the legislation of the Republic of Kazakhstan.
In cases provided for by the legislation of the Republic of Kazakhstan, the National Bank refuses to execute the collection order or payment demand;
9) when carrying out operations on the Client's correspondent account, to issue a statement for the correspondent account within the deadlines provided for by the Schedule;
10) to ensure the confidentiality of information about operations conducted on the correspondent account and the amount of money held in the correspondent account, and other information constituting banking and other legally protected secrets, except in cases provided for by the legislation of the Republic of Kazakhstan;
11) not later than the current business day to notify the Client by telephone and/or electronic communication about the impossibility of execution or refusal to execute its instructions received within the deadline provided for by the Schedule;
12) in the event of independently establishing or receiving written notification from the Client about the execution of an erroneous instruction, to return the money to the Client in the manner established by the legislation of the Republic of Kazakhstan;
13) in the event of establishing the fact of an unauthorized payment, to carry out a return in accordance with the legislation of the Republic of Kazakhstan;
14) in case of changes to the Schedule, as well as to the types and amounts of fees for services provided by the National Bank (hereinafter referred to as Tariffs), posted on the official internet resource of the National Bank (www.nationalbank.kz), to notify the Client in writing no later than 10 (ten) business days before the day the changes come into force.";
in clause 2.2:

subparagraph 4) to be stated in the following wording:

"4) in case of establishing the execution of an erroneous instruction, to notify the National Bank in accordance with the legislation of the Republic of Kazakhstan no later than 3 (three) operational days from the date of discovery of this fact;";

to be supplemented with subparagraph 6-1) of the following content:

"6-1) in case of changes to the Charter, signature samples, and/or seal impression of the Client, to notify the National Bank in writing within 5 (five) business days from the date of such changes, attaching the new document with signature samples, drawn up in the manner prescribed by the legislation of the Republic of Kazakhstan;";

subparagraph 7) to be stated in the following wording:

"7) to provide and fill out the necessary documents upon request of the National Bank, in cases provided for by the legislation of the Republic of Kazakhstan on combating the legalization (laundering) of criminally obtained income and the financing of terrorism, including in the framework of conducting due diligence on clients, as well as on issues of compliance with international, state, supranational sanctions;";

to be supplemented with subparagraphs 8), 9), and 10) of the following content:

"8) to provide confirmation of receipt and storage of the consent of the person (persons) authorized (authorized) to sign payment documents when carrying out operations related to the maintenance of the Client's bank accounts opened at the National Bank, for the collection and processing of personal data;
9) not to initiate operations on the correspondent account due to the ambiguity of the instruction's purpose and the inability to determine the ultimate beneficiary, in cases that entail reputational, operational, and other risks regarding the services provided in relation to the activities of the National Bank;
10) to perform other obligations provided for by the Agreement.";
in clause 2.3:

subparagraph 6) to be stated in the following wording:

"6) to restrict the disposal of the Client's money on the correspondent account in the manner prescribed by the legislation of the Republic of Kazakhstan, as well as on terms established by the Agreement;"; to be supplemented with subparagraphs 8), 9), and 10) of the following content:

"8) to debit money from the correspondent account without indication from the Client within the framework of transactions concluded by the Client with the National Bank;
9) to unilaterally refuse to execute the Agreement or to refuse to execute operations on the correspondent account in cases and procedures provided for by the legislation of the Republic of Kazakhstan, ambiguity of the instruction's purpose and inability to determine the ultimate beneficiary, as well as in the presence of reputational, operational, and other risks regarding the services provided in relation to the activities of the National Bank;
10) to exercise other rights provided for by the Agreement and the legislation of the Republic of Kazakhstan.";
subparagraph 3) of clause 2.4 to be stated in the following wording:

"3) to receive statements for the correspondent account in accordance with the Schedule.";

heading of Chapter 3 to be stated in the following wording:

"3. Methods of interaction between the National Bank and the Client"; punkt 3.2 to be stated in the following wording:

"3.2. When transmitting instructions and other messages, the Parties agree to use the SWIFT system as the main communication channel. In exceptional cases (failure of the SWIFT system), interaction is carried out on paper and/or by using a backup communication channel (by agreement of the Parties). The Parties recognize that instructions and other messages transmitted through the SWIFT system or the backup communication channel are equivalent to documents drawn up on paper.";

paragraph four of point 3.3 to be stated in the following wording:

"payments and/or money transfers, when one of the parties to the payment is a state organization or a unified pension fund."; punkt 4.1 to be stated in the following wording:

"4.1. In case of non-performance, unjustified refusal to perform, or improper performance of obligations under the Agreement, the guilty Party shall compensate the other Party for the actual damage incurred by it in accordance with the legislation of the Republic of Kazakhstan."; punkt 4.3 to be stated in the following wording:

"4.3. The National Bank is not responsible for the non-performance of the Client's instructions on the correspondent account if the amount of the Client's instruction exceeds the amount of money on the correspondent account at the time of execution of the instruction, as well as for the non-performance (untimely performance) of the instruction on the grounds provided for by the legislation of the Republic of Kazakhstan, refusal to execute operations on the correspondent account in cases specified in subparagraph 9) of clause 2.3 of the Agreement, failure of the Client to comply with the conditions provided for in subparagraphs 7) and 9) of clause 2.2 of the Agreement."; punkt 4.4 to be excluded; punkt 4.5 to be stated in the following wording:

"4.5. The National Bank is not responsible for damage arising from the occurrence of cases specified in point 4.3 of the Agreement, improper completion of the instruction, errors, refusal or delay, due to the fault of the Client and/or the beneficiary, other third parties."; punkt 5.1 to be stated in the following wording:

"5.1. The Parties are exempt from liability for the non-performance or improper performance of their obligations under the Agreement if it resulted from the occurrence of force majeure circumstances, including floods, earthquakes, and other natural disasters, restrictive measures, ecological disasters, military actions, terrorist acts, civil war, popular uprisings, mass riots, or strikes, adoption of legal acts of the Republic of Kazakhstan, which the Parties could not foresee and which directly affected the performance of their obligations under the Agreement."; punkt 7.1.1 to be stated in the following wording:

"7.1.1. Points 4.1, 6.2, 7.4, 7.7 apply to Islamic banks in accordance with the principles of Islamic finance."; to be supplemented with point 7.3.1 of the following content:

"7.3.1. In case of unilateral refusal by the National Bank to execute the Agreement, the correspondent account may be closed in the manner prescribed by the legislation of the Republic of Kazakhstan."; punkt 7.5 to be stated in the following wording:

"7.5. In case of change of the name and/or details and/or location of the Parties, the Party is obliged to notify the other Party in writing within 10 (ten) business days from the date of such changes.";
2. To the Department of Operational Accounting of the National Bank of the Republic of Kazakhstan (Sundetova D.S.):

1) to bring this decision to the attention of the interested departments of the central apparatus, branches of the National Bank of the Republic of Kazakhstan, and the Permanent Representation of the National Bank of the Republic of Kazakhstan in Almaty, the joint-stock company "National Payment Corporation of the National Bank of the Republic of Kazakhstan";

2) to post this decision on the official internet resource of the National Bank of the Republic of Kazakhstan.

1. This decision[1] enters into force from the date of its adoption.
2. Control over the execution of this decision is assigned to the Deputy Chairman of the National Bank of the Republic of Kazakhstan Sholpankulov B.Sh.

Chairman	T.M. Suleimenov

Correct:

Chief Specialist-Secretary of the Board of Directors A. Elamanova

1. On making changes and additions to the Decision of the Board of Directors of the National Bank of the Republic of Kazakhstan No. 83 of May 31, 2017, "On Approval of Standard Adhesion Contracts for Correspondent Account Services in National Currency, in National Currency with Users of the Interbank Money Transfer System, and in Foreign Currency at the National Bank" ↑