Unofficial translation
Footnote. The title as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).In accordance with subparagraph 50) of part two of Article 15 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan", subparagraph 17) 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 DECIDES:
Footnote. The preamble as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).1. To approve the attached Rules for establishing correspondent relations between banks, banks, branches of non-resident banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations, as well as establishing correspondent relations by banks with banks – participants of the Astana International Financial Center.
Footnote. Paragraph 1 - as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).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 "Әdіlet" 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 |
The Rules
for establishing correspondent relations between banks, banks, branches of non-resident
banks of the Republic of Kazakhstan and organizations engaged in certain types of banking
operations, as well as establishing correspondent relations by banks with
banks – participants of the Astana International Financial Center
Footnote. The title as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).
Chapter 1. General Provisions
1. These Rules for establishing correspondent relations between banks, banks, branches of non-resident banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations, as well as establishing correspondent relations by banks with banks – participants of the Astana International Financial Center (hereinafter referred to as the Rules) are developed in accordance with subparagraph 50) of part two of Article 15 of the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan", subparagraph 17) 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 establishing correspondent relations between banks, banks, branches of non-resident banks of the Republic of Kazakhstan (hereinafter referred to as banks) and organizations engaged in certain types of banking operations (hereinafter referred to as non–banking organizations), as well as between banks and banks – participants of the Astana International Financial Center (hereinafter referred to as – AIFC), with the exception of the National Bank of the Republic of Kazakhstan (hereinafter – the National Bank) and non-resident banks of the Republic of Kazakhstan.
The procedure for establishing correspondent relations between banks, between banks and non-bank organizations, as well as between banks and AIFC member banks includes opening, maintaining and closing correspondent accounts of banks, non-bank organizations and AIFC member banks in national currency, calculating the limit of payments and (or) money transfers on correspondent accounts of banks and non-bank organizations in national currency.
Footnote. Paragraph 1 - as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).2. The Rules use the concepts provided for by the Law of the Republic of Kazakhstan "On countering the legalization (laundering) of proceeds from crime and financing of terrorism" (hereinafter – the Law on countering the legalization (laundering) of proceeds from crime and financing of terrorism), the Law on payments and payment systems, as well as the following concepts:
1) correspondent – a bank and (or) a non-bank organization that has opened a correspondent account for another bank and (or) a non-bank organization (loro account);
2) respondent - a bank and (or) a non-bank organization, as well as a bank- participant of the AIFC that has opened a correspondent account with another bank and (or) a non-bank organization (nostro account).
Footnote. Paragraph 2 - as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).3. The opening and maintenance of correspondent accounts of banks, AIFC member banks and non-bank organizations are carried out by banks and non–bank organizations licensed by the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the authorized body) to open and maintain correspondent accounts of banks and non-bank organizations, except in cases of banking operations without a license of the authorized body in accordance with the Law of the Republic of Kazakhstan "On banks and banking activities in the Republic of Kazakhstan" (hereinafter – the Law on banks and banking activities).
Footnote. Paragraph 3 - as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).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 provided for in paragraph 15 of the Rules for opening, maintaining and closing customer bank accounts approved by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 207, registered in the Register of state registration of regulatory legal acts under No. 14422, as well as the following documents:
1) for banks – a notarized copy of the license to conduct banking operations;
2) for non–banking organizations, with the exception of credit partnerships, - a notarized copy of the license to conduct transfer operations, except in cases of banking operations without a license from an authorized body in accordance with the Law on banks and banking activities;
3) for AIFC member banks - a notarized copy of the license of the AIFC Financial Services Regulatory Committee for provision of deposit acceptance services and (or) opening and maintaining bank accounts on the territory of the AIFC.
To open a correspondent account for a non-resident legal entity of the Republic of Kazakhstan, the documents specified in subparagraphs 1) and 2) of part one of this paragraph are accepted without their notarization if their authenticity is certified from the original or a notarized copy of these documents by an authorized person of the bank or an affiliated person of the bank who is a resident of the state whose resident is a non-resident legal entity of the Republic of Kazakhstan.
Footnote. Paragraph 6 - as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of 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.
9-1. The following types of operations are carried out on the correspondent account of the AIFC member bank:
1) acceptance and transfer of money on the AIFC member bank's own operations;
2) execution of the instructions of the clients of the AIFC member bank on the payment of taxes and mandatory payments to the budget, as well as execution by the AIFC bank of collection orders (tax authorities and bailiffs) submitted to the client's bank account;
3) payment of brokerage commissions, listing and other exchange fees for transactions with securities on the AIFC exchange and Kazakhstan Stock Exchange JSC (hereinafter referred to as the KSE);
4) settlements on transactions and payments on securities on the AIFC and KSE exchange;
5) settlements on transactions and payments on financial instruments in national currency, including securities held nominally by AIFC member banks and transferred for custodial service to second-tier banks of the Republic of Kazakhstan;
6) payment for consulting services provided by the AIFC member bank.
Footnote. The Rules are supplemented by paragraph 9-1 in accordance with the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).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. The correspondent account is closed:
1) at the written request of the respondent at any time, unless otherwise provided by the Code of the Republic of Kazakhstan "On taxes and other mandatory payments to the budget" (the Tax Code), the Law on payments and payment systems and (or) the correspondent account agreement;
2) upon termination of the correspondent account agreement;
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 if he is a bank;
5) upon termination of the license of the AIFC member bank issued by the AIFC Financial Services Regulatory Committee for provision of deposit acceptance services and (or) opening and maintaining bank accounts in the AIFC territory;
6) upon termination of the respondent's license to conduct transfer operations if he is a non-bank organization.
Footnote. Paragraph 11 - as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of 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 Rules for establishing correspondent relations between banks, banks, branches of non-resident banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations, as well as establishing correspondent relations by banks with banks-participants of the Astana International Financial Center |
|
| Form | |
| National Bank of the Republic of Kazakhstan |
Information about opening a correspondent account
Footnote. Appendix - as amended by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated 17.09.2022 No. 84 (shall be enforced ten calendar days after the date of its first official publication).
Name of a bank, a branch of a non-resident bank of the Republic of Kazakhstan,
n organization carrying out certain types of banking operations, and (or) a bank – participant
of the Astana International Financial Center (respondent)
__________________________________________________________________________
Name of the correspondent
__________________________________________________________________________
The procedure for making payments and (or) money transfers:
1. Payments and (or) money transfers are made by crediting money to:
2. Correspondent account is open for:
other payments and (or) money transfers
_________________________________________________________________
_________________________________________________________________
3. Balance at the end of the business day:
Date of opening of the correspondent account "___" ______________ 20 __
Manager _______________________________________ _________________
(position, surname, first name, patronymic (signature) (if any))
Chief accountant _____________________________________ _______________
(position, surname, first name, patronymic (signature) (if any))
| 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").
