Question-answer

No. In accordance with the paragraph 5 article 11 of the Law of the Republic of Kazakhstan "On combating money laundering and terrorism financing", the subjects of financial monitoring and their employees are not entitled to inform clients and other people to provide information and documents about such clients to the authorized agency.

Informing the client about the decision of the Committee on Financial Monitoring to stop the operation, the subject of financial monitoring asks a client to provide information to the Committee on Financial Monitoring and thus violates the paragraph 5 article 11 of the Law AML/CFT.

Yes, in accordance with the subparagraph 18) paragraph 2 article 4 of the Law of the Republic of Kazakhstan "On combating money laundering and terrorism financing"

"Consolidated sanction list of the UN Security Council" is placed on the website of the Committee on Financial Monitoring in the section "List of the organizations and individuals, related with financing of terrorism and extremism”.

According to the Decree of the Parliament of the Republic of Kazakhstan from November 21, 2014 № 1219 "On approval of the rules of adoption, storage, sale and giving collateral to government revenue", other values ​​ are jewelry, antiques and other things, having historical, scientific, artistic or cultural value.

In subparagraph 21) paragraph 2 article 4 of the Law of the Republic of Kazakhstan "On combating money laundering and terrorism financing", "other values" are jewelry, antiques and other things, having historical, scientific, artistic or cultural value.

In accordance with the public statements as of February 19.2016, FATF has made a list of jurisdictions in the systems of counteraction to money laundering and terrorism financing, which have strategic weakness. It carries out work on their removal.

As for Iran, FATF calls upon the member states and other jurisdictions to take countermeasures to protect the international financial system from the significant risks of money laundering and terrorist financing.

FATF public statements are placed on the official site of the Committee on Financial Monitoring of the Ministry of Finance of the Republic of Kazakhstan (http://www.kfm.gov.kz/ru/international-documents/fatf-documents/ ).

According to subparagraph 4) paragraph 4 article 4 of the Law of the Republic of Kazakhstan "On combating money laundering and terrorism financing" (hereinafter - Law) and operations with money and (or) other property, where a participant is a person registered (lived) in the state (territory), who does not comply with the recommendations of the Financial Action Task Force on Money Laundering (FATF) and (or) does them bad, as well as uses bank accounts registered in the state (territory) is a mandatory condition for learning the client’s operations by the subjects of financial monitoring and fixing the results in accordance with  the article 5 of the Law.

In accordance with the Requirements to the rules of internal control in order to combat money laundering and terrorism financing for the subjects of financial monitoring, a high level of risk is used in the program of risk management to business relations and deals with clients from the states (territories), who do not comply with the FATF recommendations and (or) do them bad.

Subjects of financial monitoring have to provide information about operations with money and (or) other property, said in the article 4 of the Law of the Republic of Kazakhstan "On combating money laundering and terrorism financing", except the cases, written in the paragraph 3 article 10 of the Law of the Republic of Kazakhstan " On combating money laundering and terrorism financing"

According to the Rule of placing the List on the Internet - resource of the Committee, information is placed in the open and temporarily restricted access in the block "List of the organizations and people, relating to financing of terrorism and extremism" (with update date), which consists of three sections:

1) operating (updated list) - open access;

2) included (list of the organizations/people entered the List) - temporarily restricted access (only with personnel accounts of the subjects of financial monitoring and public agencies of the Republic of Kazakhstan);

3) deleted (list of the organizations/people removed from the List) - open access.

The information is placed in the section 2) for three working days. After three days the information is automatically transferred to the open access and updated List you can see in the section 1).

The stock exchange should use the definition "business relations" written in the Requirements.

Only one subject of financial monitoring can be registered using one IIN/BIN in the system Web-SFM of the Committee on Financial Monitoring.

If an organization is the subject of financial monitoring in two or more subparagraphs of the paragraph 1 article 3 of the Law of the Republic of Kazakhstan "On combating money laundering and terrorism financing", it fills the form FM-1 and provides information of the operation, carried by the  subject of financial monitoring in the subpar 3.14.

Yes, to continue working. The notification requirement will be used in accordance with the Law of the Republic of Kazakhstan "On permissions and notices".  Individuals and legal entities, working without a notice before the notification requirement came into force, must send a relevant notice.