Unofficial translation
Footnote. Has become invalid by the Decree of the Government of the Republic of Kazakhstan dated April 14, 2022 No. 223In accordance with Subparagraph 3) of Paragraph 2 of Article 18 of the Law of the Republic of Kazakhstan dated August 28, 2009 "On Counteraction of Legalization (Laundering) of Incomes Received by Illegal Means, and Financing of Terrorism", the Government of the Republic of Kazakhstan hereby DECREES AS FOLLOWS:
Footnote. The preamble is in the wording by the Decree of the Government of the Republic of Kazakhstan No. 95 dated 26.02.2015 (shall be enforced from the day of its first official publication).1. Approve the attached Rules for submission of information by state authorities of the Republic of Kazakhstan from its own information systems and resources at the request of the authorized agency for financial monitoring.
2. This Decree shall be enforced upon expiry of ten calendar days after the first official publication.
| The Prime Minister of the Republic of Kazakhstan | S. Akhmetov |
| Approved by the Decree of the Government of the Republic of Kazakhstan No. 1483 dated November 23, 2012 |
Rules
for submission by the state bodies of the Republic of Kazakhstan of information from
its own information systems and resources at the request of the authorized body
for financial monitoring
Footnote. Rules in the wording of the resolution of the Government of the Republic of Kazakhstan dated 01.09.2021 № 595 (shall enter into force upon expiry of ten calendar days after its first official publication).
1. General provisions
1. These Rules for submission by the state bodies of the Republic of Kazakhstan of information from its own information systems and resources at the request of the authorized body for financial monitoring (hereinafter referred to as the Rules) have been developed in accordance with Article 18, paragraph 2, subparagraph 3) of the Law of the Republic of Kazakhstan "On countering legalization (laundering) of income from crime and the financing of terrorism" (hereinafter referred to as the Law) and shall determine the procedure for the government bodies of the Republic of Kazakhstan to submit information from their own information systems and resources to the Agency for financial monitoring of the Republic of Kazakhstan (hereinafter referred to as the Agency) in order to counteract the legalization (laundering) of income from crime and the financing of terrorism.
2. The following terms and concepts shall be used in these Rules:
1) automated workplace (hereinafter referred to as HSC) - a hardware and software complex that shall provide the creation, collection, processing, accumulation, storage, search, distribution and consumption of information;
2) information system - an organizational and ordered set of information and communication technologies, maintenance personnel and technical documentation implementing certain technological actions through information interaction and shall be designed to solve specific functional problems;
3) electronic information resources - information in electronic and digital form contained on an electronic medium and in informatization objects;
4) participants of information interaction - the Agency and the relevant state body of the Republic of Kazakhstan, submitting information from its own information systems and resources to the Agency in accordance with these Rules;
5) the unified transport environment of state bodies (hereinafter referred to as UTE SB) - telecommunication network, which shall be a part of the information and communication infrastructure of the "electronic government" and shall be designed to ensure the interaction of local (with the exception of local networks with access to the Internet), departmental and corporate telecommunication networks of state bodies, their subordinate organizations and local governments, as well as other informatization entities determined by the authorized body, in compliance with the required level of information security;
6) ISaR SB - information systems and resources of state bodies of the Republic of Kazakhstan.
2. Procedure for presentation of information from information systems and resources
3. The state bodies of the Republic of Kazakhstan shall submit information from their own ISaR SB to the Agency in the following ways:
1) through the integration of the Agency's information systems with the ISaR SB databases through the UTE SB, which shall be carried out in accordance with the legislation of the Republic of Kazakhstan on informatization;
2) by providing access to the HSC in case it is not possible to transfer information by the methods specified in paragraph 3, subparagraph 1) of these Rules;
3) by providing access to the ISaR SB databases through the UTE SB in the request and response mode, if it is not possible to transfer information by the methods specified in paragraphs 1) and 2) of paragraph 3 of these Rules;
4) by uploading information to the information resources of the Agency, if it is not possible to transfer information by the methods specified in paragraph 3, subparagraphs 1) - 3) of these Rules;
5) on paper, if it is not possible to transfer information by the methods specified in paragraphs 3, paragraph 1) - 4) of these Rules.
4. State bodies of the Republic of Kazakhstan shall submit information from information resources of limited access to the Agency in the manner specified in paragraph 3, subparagraph 5) of these Rules, in compliance with the requirements of the legislation of the Republic of Kazakhstan on state secrets.
5. Information and terms of their submission from information systems and resources shall be determined by participants of information interaction in accordance with the joint approved act.
6. Participants of information interaction shall observe confidentiality of information received within the framework of these Rules, and shall ensure the mode of storage, protection and preservation of information received in the process of their activities, which constitute a service, commercial, banking or other secret protected by law.
