On approval of the Rules for establishing correspondent relations between banks, as well as banks and organizations engaged in certain types of banking operations

New Unofficial translation

Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 210. Registered in the Ministry of Justice of the Republic of Kazakhstan on October 18, 2016 No. 14335

      Unofficial translation

      In accordance with the laws of the Republic of Kazakhstan dated March 30, 1995 " On the National Bank of the Republic Kazahst an " on July 26, 2016 " About payments and payment systems " in order to determine the procedure for establishing correspondent relations between banks, as well as banks and organizations engaged in Certain types of banking operations The Board of the National Bank of the Republic of Kazakhstan DECIDES :

      1. To approve the attached Rules for establishing correspondent relations between banks, as well as banks and organizations engaged in certain types of banking operations.

      2. Recognize invalid some of the resolutions of the Board of the National Bank of the Republic of Kazakhstan, as well as the structural elements of some resolutions of the Board of the National Bank of the Republic of Kazakhstan according to the list in accordance with the appendix to this resolution.

      3. The Department of Payment Systems ( Ashykbekov E.T.) in the manner prescribed by the legislation of the Republic of Kazakhstan, shall ensure:

      1) together with the Legal Department ( Sarsenova N.V.) the state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

      2) sending this resolution to the republican state enterprise on the right of economic management “Republican Center for Equal Information of the Ministry of Justice of the Republic of Kazakhstan”:

      to publication in the legal information system " Ә dіlet " within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

      for in the exception in the State register of regulatory legal acts of the Republic of Kazakhstan, reference control bank of regulatory legal acts of the Republic of Kazakhstan, within ten calendar days from the date of its state registration in the Ministry of Justice Re republics of Kazakhstan;

      3) posting of this resolution on the official Internet resource of the National Bank of the Republic of Kazakhstan after its official publication.

      4. The Office for the Protection of the Rights of Consumers of Financial Services and External Communications ( Terentiev A.L.) to ensure the direction of this resolution for official publication in periodicals within ten calendar days after its state registration with the Ministry of Justice of the Republic of Kazakhstan.

      5. Control over and Design Nominal present decision to assign to the Deputy Chairman of the National Bank of Kazakhstan Pirmatov GO

      6. This resolution becomes effective after ten calendar days after the day its first official publication .

      The chairman of the
      National Bank D. Akishev 

  Approved by
Resolution of the Board of the
National Bank of the
Republic of Kazakhstan
dated August 31, 2016 No. 210

Rules for
establishing correspondent relations between banks
and banks and organizations engaged in certain types of
banking operations

Chapter 1. General Provisions

      1. These Rules for establishing correspondent relations between banks, as well as banks and organizations engaged in certain types of banking operations (hereinafter referred to as the Rules) are developed in accordance with the laws of the Republic of Kazakhstan dated March 30, 1995 “ On the National Bank of the Republic of Kazakhstan ”, dated 26 July 2016 " On Payments and Payment Systems " (hereinafter - the Law on Payments and Payment Systems) and determine the procedure for establishing correspondent relations between banks (hereinafter - banks), as well as between banks and organizations, There are certain types of banking operations (hereinafter referred to as non- banking organizations), with the exception of the National Bank of the Republic of Kazakhstan (hereinafter referred to as the National Bank) and non-resident banks of the Republic of Kazakhstan.

      The procedure for establishing correspondent relations between banks, as well as between banks and non- banking organizations, includes opening, maintaining and closing correspondent accounts of banks and non-banking organizations in national currency, calculating the limit of payments and (or) money transfers on correspondent accounts of banks and non-banking organizations in national currency .

      Footnote. Clause 1 as amended by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 22, 2017 No. 248 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      2. The Terms use the concepts provided for by the Law of the Republic of Kazakhstan dated August 28, 2009 “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” (hereinafter - the Law on POPFT), the Law on Payments and Payment Systems, and also the following concepts:

      1) correspondent - a bank and (or) non-banking organization that opened a correspondent account for another bank and (or) non-banking organization (loro account);

      2) respondent - a bank and (or) non-banking organization that opened a correspondent account with another bank and (or) non-banking organization (nostro-account).

      3. Opening and maintenance of correspondent accounts of banks and banking organizations are carried out by banks and non-bank institutions, which have a license of the National Bank for opening and maintaining correspondent accounts of banks and palates ankovskih organizations, except in cases of banking transactions without a license from the National Bank in accordance with the Law of the Republic of Kazakhstan dated August 31, 1995, “On Banks and Banking Activities in the Republic of Kazakhstan” (hereinafter, the Law on Banks and Banking Activities).

Chapter 2. Opening correspondent accounts

      4. The correspondent opens a correspondent account for the respondent on the basis of a correspondent account agreement concluded between them .

      5. The correspondent account agreement contains the following:

      1) business identification number of the respondent and correspondent;

      2) the individual identification code of the respondent;

      3) the conditions for the provision of services by the correspondent and the procedure for their payment;

      4) the procedure for managing the respondent's money;

      5) the procedure for transferring payment documents and methods for exchanging information on payments and (or) money transfers;

      6) the procedure for the correspondent to submit financial statements to the respondent: balance sheet, income statement, cash flow statement, statement of changes in equity, explanatory note, based on which the respondent analyzes the financial condition of the correspondent.

      6. To open a correspondent account, the respondent submits to the correspondent the documents stipulated by the Rules for Opening, Maintaining and Closing Bank Accounts of Clients, approved by the Resolution of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 207, registered in the Register of State Registration of Normative Legal Acts No. 14422 as well as the following documents:

      1) for banks - a notarized copy of the license for banking operations;

      2) for non-banking organizations, with the exception of credit partnerships, a notarized copy of the license to conduct transfer operations, except for cases of banking operations without a license from the National Bank in accordance with the Law on Banks and Banking Activities.

      Footnote. Clause 6 as amended by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 22, 2017 No. 248 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      7. A correspondent account is opened for the respondent by the correspondent after the adoption of measures for the due diligence of clients (their representatives) and beneficial owners in accordance with the Law on AML.

      8. The respondent shall, within five business days from the date of opening the correspondent account, submit to the National Bank information on opening the correspondent account in the form in accordance with the appendix to the Rules.

Chapter 3. Maintenance of correspondent accounts

      9. The correspondent carries out banking operations on the respondent's correspondent account in accordance with the correspondent account agreement.

      10. After the end of the trading day, the correspondent provides the respondent with an extract on the movement of money in the correspondent account in the manner and within the time periods determined by the correspondent account agreement.

Chapter 4. Closing of correspondent accounts

      11. Closing a correspondent account is carried out:

      1) upon written request of the respondent at any time, unless otherwise provided by the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other obligatory payments to the budget” (Tax Code), the Law on Payments and Payment Systems and (or) the correspondent account agreement ;

      2) upon termination of the agreement of the correspondent account;

      3) upon termination of the correspondent’s license to open and maintain correspondent accounts;

      4) upon termination of the respondent’s license to conduct banking operations in the event that he is a bank;

      5) upon termination of the respondent’s license to conduct transfer operations in the event that he is a non-banking organization.

      Footnote. Clause 11 as amended by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 27.08.2018 No. 182 (shall be enforced upon expiry of ten calendar days after the day its first official publication) .

      12. The respondent shall, within five business days from the day the correspondent account is closed, send a letter to the National Bank in any written form indicating the date the correspondent account was closed.

Chapter 5. Calculation of the limit of payments and (or) money transfers on
correspondent accounts of banks and non-banking organizations

      13. The bank and (or) non-bank organization make payments and (or) money transfers on the operations of the bank or non-bank organization and their customers through correspondent accounts this month, with the exception of operations specified in clause 16 of the Rules, in amounts not exceeding the limit payments and money transfers on correspondent accounts of banks and organizations engaged in certain types of banking operations, approved by resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 and No. 206, registered established in the Register of state registration of regulatory legal acts under No. 14304.

      Footnote. Clause 13 is in the wording of Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 22, 2017 No. 248 (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      14. The limit set by the bank and (or) non-banking institution, calculated as a percentage of the total volume of outgoing non-cash payments, carried out during the previous month through the interbank system of money transfers and the system of interbank clearing , less the amount of the net debit position as a result of the clearing and in the interbank clearing system.

      15. The requirement to fulfill the limit does not apply to non-banking organizations that are not participants in the interbank money transfer system and (or) the interbank clearing system.

      16. The limit does not include the amount of payments and money transfers for the following types of operations:

      1) transferring money to correspondent accounts (from correspondent accounts) through an interbank money transfer system or interbank clearing system;

      2) operations for offsetting mutual claims on correspondent accounts of “loro” and “nostro” in one bank or non-banking organization;

      3) operations on exchange transactions carried out by banks and non-banking organizations through correspondent accounts opened with a central depository;

      4) a transfer of money is carried out between the bank accounts of the parent bank and the subsidiary bank, in relation to which the restructuring has been carried out in accordance with the Law on Banks and Banking Activities, as well as between the bank accounts of the merging bank and the bank to which it is being merged in accordance with the Law about banks and banking.

  Appendix
to the Regulation establishing
correspondent relationships
m ezhdu banks as well as banks
and institutions performing
certain types of banking operations

      The form

      National Bank

      Republic of Kazakhstan

Information on opening a correspondent account

      Name of the bank and (or) organization carrying out

      certain types of banking operations (respondent)

      _______________________________________________________________

      Name of correspondent

      _______________________________________________________________

      The procedure for making payments and (or) money transfers:

      1. Payments and (or) money transfers are carried out

      by crediting money to:

      Nostro account

      Loro account

      2. A correspondent account is open for:

      customer payments

      bank payments

      payment card settlements

      bank operations with cash (credit, withdrawal)

      other payments and (or) money transfers

      _______________________________________________________________

      3. The balance at the end of the trading day:

      equals zero

      the minimum balance level is provided by the contract

      correspondent account

      varying balance level, independent of the terms of the contract

      correspondent account

      Opening date of the correspondent account “____” ______ 20 __ years

      Head ________________________________ ______________

      ( position , surname, name, patronymic (signature)

      ( if available)

      Chief Accountant ___________________________ ______________

      ( Position , name, otchest on (signature)

      ( if available)

  Appendix
to the Resolution of the Board of the
National Bank of the
Republic of Kazakhstan
dated August 31, 2016 No. 210

The list of some decisions of the Board of the
National Bank of the Republic of Kazakhstan,
as well as the structural elements of some decisions of the Board of the
National Bank of the Republic of Kazakhstan,
which are recognized as invalid

      1. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 25, 2000 No. 428 “On approval of the Rules for establishing correspondent relations between banks, as well as between banks and organizations engaged in certain types of banking operations” (registered in the Register of State Registration of Normative Legal Acts under No. 1351, published in 2001 in the Bulletin of regulatory legal acts of the central executive and other state bodies of the Republic of Kazakhstan No. 2).

      2. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated January 31, 2003 No. 21 “On Amendments and Additions to the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 25, 2000 No. 428“ On Approval of the Rules for Establishing Correspondent Relations between Second-Tier Banks of the Republic of Kazakhstan, as well as between second-tier banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations ”, registered with the Ministry of Justice of the Republic of Kazakhstan under No. 1351” ( registered in the Register of State Registration of Normative Legal Acts under No. 2200).

      3. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 22, 2004 No. 99 “On amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 25, 2000 No. 428“ On approval of the Rules for establishing correspondent relations between second-tier banks of the Republic of Kazakhstan, and also between second-tier banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations ”, registered with the Ministry of Justice of the Republic of Kazakhstan under No. 1351” (for registered in the Register of State Registration of Normative Legal Acts under No. 3048, published on September 16, 2004 in the newspaper Kazakhstanskaya Pravda No. 209 (24519).

      4. Decree of the Board of the National Bank of the Republic of Kazakhstan dated December 29, 2005 No. 177 “On amendments and additions to the decision of the Board of the National Bank of the Republic of Kazakhstan dated November 25, 2000 No. 428“ On approval of the Rules for establishing correspondent relations between banks, as well as between banks and organizations engaged in certain types of banking operations ”(registered in the Register of State Registration of Normative Legal Acts under No. 4026).

      5. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated June 25, 2007 No. 64 “On Amendments and Additions to the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 25, 2000 No. 428“ On Approval of the Rules for Establishing Correspondent Relations between Banks and Between Banks and organizations engaged in certain types of banking operations ”(registered in the Register of State Registration of Normative Legal Acts under No. 4829).

      6. Clause 6 of the List of regulatory legal acts of the National Bank of the Republic of Kazakhstan, which is amended as an appendix to Resolution of the National Bank of the Republic of Kazakhstan dated July 20, 2007 No. 76 “On amendments to some regulatory legal acts of the National Bank of the Republic of Kazakhstan on issues nome identity ditch "(registered in the register of state registration of normative legal acts under the number 4880, in the Meeting of the central acts published in the June-August 2007 spolnitelnyh and other central state bodies of the Republic of Kazakhstan).

      7. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 29, 2010 No. 15 “On Amendments and Additions to the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 25, 2000 No. 428“ On approval of the Rules for establishing correspondent relations between banks, as well as between banks and organizations engaged in certain types of banking operations ”(registered in the Register of State Registration of Normative Legal Acts under No. 6197).

      8. Clause 6 of the List of regulatory legal acts of the National Bank of the Republic of Kazakhstan, as amended and supplemented, which is an appendix to Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 20, 2010 No. 76 “On amendments and additions to some regulatory legal acts of the National Bank Of the Republic of Kazakhstan on issues of identification numbers ”(registered in the Register of State Registration of Normative Legal Acts under No. 6534, published on November 4, 2010 in newspapers e “Kazakhstanskaya Pravda” No. 292 (26353).

      9. Clause 2 of Resolution No. 78 of the Management Board of the National Bank of the Republic of Kazakhstan dated September 27, 2010 “On Amending and Modifying Certain Resolutions of the Management Board of the National Bank of the Republic of Kazakhstan Regarding the Submission of Information on Payments and Recognizing None of the Resolutions of the Management Board of the National Bank of Kazakhstan as issues of preparation and submission of a report on the distribution of payment turnover by methods of cashless payments and money transfers ”(registered in the State Register shock registration of normative legal acts under No. 6 607, published on December 14, 2010 in the newspaper Kazakhstanskaya Pravda No. 338 (26399).

      10. Clause 6 of the List of regulatory legal acts of the National Bank of the Republic of Kazakhstan, as amended, which is the axis of Appendix 1 to the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 1, 2011 No. 65 “On Amending Certain Normative Legal Acts of the National Bank of the Republic of Kazakhstan by issues of identification numbers ”(registered in the Register of State Registration of Normative Legal Acts No. 7122, published September 15, 2011 in the newspaper“ Legal Newspaper ”No. 133 (2123).

      11. Clause 7 of the Amendments to certain regulatory legal acts of the National Bank of the Republic of Kazakhstan on identification numbers, which are Appendix 1 to the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 26, 2012 No. 108 “On amendments to certain regulatory legal acts of the National Bank of the Republic of Kazakhstan on Identification Numbers ”(registered in the Register of State Registration of Normative Legal Acts under No. 7625, published on September 6, 2012 in the newspapers “Kazakhstanskaya Pravda” No. 299-300 (27118-27119).

      12. Clause 3 of the List of regulatory legal acts of the National Bank of the Republic of Kazakhstan, which are amended and supplemented, which is Appendix 1 to Resolution of the Board of the National Bank of the Republic of Kazakhstan dated October 22, 2014 No. 200 “On amendments and additions to some regulatory legal acts of the National Bank of the Republic of Kazakhstan on payments and money transfers , opening the order, maintaining and closing of bank accounts "(registered in the register of state registration of the holes ativnost legal acts under № 9943, published December 30, 2014 in the legal information system " Ә dіlet " Republican gosu -owned enterprises on the right of business "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan").

      13. Clause 5 of the List of normative legal acts of the National Bank of the Republic of Kazakhstan on issues of payments and money transfers and maintaining bank accounts, as amended, is an appendix to Resolution of the Board of the National Bank of the Republic of Kazakhstan dated May 8, 2015 No. 72 “On amendments to not that normative legal acts of the National Bank of Kazakhstan on payments and money transfers, and maintain bank accounts "(registered in the register of state registration of normative legal acts under the number 11163, published in the June 2, 2015 in the legal information system " Ә dіlet " republican state enterprise on the right of business "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan").

      14. Clause 3 of the List of normative legal acts of the National Bank of the Republic of Kazakhstan on issues of payments and money transfers and maintaining bank accounts, as amended, which is an appendix to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated January 28, 2016 No. 32 “On amendments to some regulatory legal acts of the National Bank of the Republic of Kazakhstan on issues of payments and money transfers and maintaining bank accounts ”(registered in the Register of State Registration of Norms overt legal acts under the number 13304, published March 14, 2016 in the legal information system " Әdіlet " republican state enterprise on the right of business "Republican center of the right second to the Ministry of Justice of the Republic of Kazakhstan").

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