Unofficial translation
The reporting deadlines shall be extended during the period of the state of emergency introduced by the Decree of the President of the Republic of Kazakhstan dated March 15, 2020 № 285 "On introduction of a state of emergency in the Republic of Kazakhstan" in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 31, 2020 № 42 (shall be enforced from the date of its first official publication).In accordance with subparagraph 59) of part two of Article 15 of the Law of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan”, subparagraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On State Statistics” and subparagraph 1) of paragraph 4 of Article 5 of the Law of the Republic of Kazakhstan “On Currency regulation and currency control” The Board of the National Bank of the Republic of Kazakhstan HEREBY RESOLVES:
Footnote. Preamble is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 № 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).1. To approve the attached Rules for currency transactions in the Republic of Kazakhstan.
2. To recognize as invalid the regulatory legal acts of the Republic of Kazakhstan, as well as the structural element of the regulatory legal act of the Republic of Kazakhstan according to the list in accordance with the appendix to this resolution.
3. The Department of the balance of payments and foreign exchange regulation (Kuandykov A.A.) in the manner prescribed by the legislation of the Republic of Kazakhstan to 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) within ten calendar days from the date of the state registration of this resolution, its sending in the Kazakh and Russian languages to the Republican state enterprise on the basis of the right of economic management “Republican Legal Information Center” for official publication and inclusion in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this resolution on the official Internet resource of the National Bank of the Republic of Kazakhstan after its official publication;
4) within ten working days after the state registration of this resolution, submission of information to the Legal Department on the implementation of measures provided for in subparagraphs 2), 3) of this paragraph and paragraph 4 of this resolution.
4. Within ten calendar days after the state registration of this resolution, the Directorate for protection of the rights of consumers of financial services and external communications (Terentyev A.L.) to ensure sending of its copy for official publication in periodicals.
5. Deputy Chairman of the National Bank of the Republic of Kazakhstan O. A. Smolyakov shall be authorized to oversee the implementation of this resolution.
6. This resolution shall be subject to official publication and shall be enforced from July 1, 2019.
| Chairman of the | |
| National Bank | Ye. Dosayev |
"AGREED"
Ministry of foreign affairs of the
Republic of Kazakhstan
___________________________
"___" __________ 20___
"AGREED"
Statistics Committee of the
Ministry of national economy of the
Republic of Kazakhstan
___________________________
"___" __________ 20___
| Approved by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 30, 2019 № 40 |
Rules for currency transactions in the Republic of Kazakhstan
Chapter 1. General provisions
1. The Rules for the implementation of foreign exchange transactions in the Republic of Kazakhstan (hereinafter- the Rules) have been developed in accordance with subparagraph 59) of part two of Article 15 of the Law of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan” (hereinafter- the Law on the National Bank), subparagraph 1) of paragraph 4 of Article 5 of the Law of the Republic of Kazakhstan "On currency regulation and currency control" (hereinafter- the Law on currency regulation and currency control) and shall determine the procedure for carrying out currency transactions in the Republic of Kazakhstan by residents and non-residents.
The rules include the order of:
making payments and (or) money transfers on currency transactions;
purchases and (or) sales of non-cash foreign currency in the domestic foreign exchange market of the Republic of Kazakhstan;
conducting transactions on a bank account, related to the withdrawal, crediting and use of cash foreign currency.
Footnote. Paragraph 1 as amended by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 № 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).2. The concepts used in the Rules are applied in the meanings specified in the Law on currency regulation and currency control.
The following concepts and abbreviations are also used in the Rules:
1) BIN - business identification number;
2) IIN - individual identification number;
3) internal corporate money transfer - a money transfer carried out by a legal entity with its structural divisions or between structural divisions of one legal entity;
4) registration certificate - a document of a standard form issued upon registration of a currency agreement before the entry into force of the Rules and which has not expired;
5) the National Bank - the National Bank of the Republic of Kazakhstan;
6) certificate of notification - a document of a standard form issued to a currency agreement or account in a foreign bank before the entry into force of the Rules and which has not expired.
Chapter 2. Procedure for making payments and (or) money
transfers on currency transactions
Paragraph 1. Making payments and (or) money transfers on currency transactions
3. An authorized bank makes a payment and (or) money transfer on a currency transaction if there are documents and (or) information submitted by a resident or non-resident in accordance with the Rules.
For the purposes of the Rules, if the currency of payment and (or) money transfer differs from the United States dollar (hereinafter referred to as the USA), the equivalent of the amount of payment and (or) money transfer is calculated using the market exchange rate on the day of the transaction.
The rules for the implementation of export-import currency control in the Republic of Kazakhstan, approved by the National Bank in accordance with subparagraph 3) of paragraph 4 of article 5 of the Law on currency regulation and currency control, provide for the peculiarities of payments and (or) money transfers under cuurrency agreements on export and import, covered by the requirement to obtain an account number.
4. Payment and (or) money transfer on a currency transaction of a resident from a non-resident's account in a foreign bank in order to fulfill the resident's obligations is carried out in the case of:
1) transfer of a financial loan received by a resident from a non-resident to the accounts of third parties;
2) provision of financial services in the securities market to a resident by a non-resident, having the right to carry out professional activities in the securities market according to the legislation of the state where he is registered;
3) provision of services to a resident by a non-resident under a contract of delegation.
5. When making a payment and (or) transferring money under a currency agreement, which is covered by the requirement to obtain an account number, the resident indicates the details of such an agreement and his account number in payment documents. To identify the amounts received, the resident notifies the non-resident of the need to indicate in the payment documents on the money transfer in his favor the details of the currency agreement and his account number.
When making a payment and (or) money transfer under a currency agreement, which is covered by the requirement to obtain an account number, the authorized bank (its branch) checks the presence of the details of the currency agreement and its account number in the payment document.
If the currency agreement, on the basis of and (or) pursuant to which, capital flow transactions are carried out (hereinafter referred to as the currency capital flow agreement) or payments and (or) money transfers are made using an account in a foreign bank to which an account number is assigned or a registration certificate or certificate of notification is issued, amendments and (or) additions have been made that require, in accordance with paragraphs 15 and 22 of the Rules for monitoring currency transactions in the Republic of Kazakhstan, approved by the National Bank in accordance with subparagraph 4) of paragraph 4 of Article 5 of the Law on currency regulation and currency control, receipt of a new account number, a payment and (or) money transfer may be made using the existing account number (number of the registration certificate or certificate of notification). In this case, the authorized bank (its branch) notifies the resident in any form of the need to obtain a new account number.
If the payment document on the payment received to the resident and (or) the money transfer under the currency agreement incorrectly indicates or does not contain the details of such an agreement and (or) its account number, then the crediting is made by an authorized bank on the basis of a written confirmation by the resident of the details of the currency agreement and (or) his account number.
In the absence of the necessary data in the payment document for accounting of the money received under the currency agreement, the authorized bank (its branch) credits it to the sender’s instruction account, having previously notified the resident in writing about the need to identify the received money. The resident informs the authorized bank (its branch) in writing about the nature of the amount received, indicating the details of the currency agreement and its account number.
6. If, within one hundred and eighty calendar days, the received money is not identified by the details of the currency agreement or its account number or the resident does not perform other actions to submit the documents and (or) information provided for by the Rules, the authorized bank (its branch) returns such instruction without execution.
7. An individual, in the cases established by paragraph 4 of Article 7 of the Law on currency regulation and currency control, transfers money on a currency transaction on the territory of the Republic of Kazakhstan, from the Republic of Kazakhstan and to the Republic of Kazakhstan without opening and (or) using an account in an authorized bank in the amount not exceeding the equivalent of ten thousand US dollars.
8. An authorized bank shall inform the National Bank of facts of violations of the currency legislation of the Republic of Kazakhstan made by customers of the authorized bank that became known to it during the calendar month, except for violations of the requirement to repatriate national and (or) foreign currency for export or import, not later than the last day of the next calendar month, in accordance with the card for violation in the form in accordance with Appendix 1 to the Rules.
8-1. The authorized bank monthly until the 18th (eighteenth) day (inclusive) of the month following the reporting period on foreign exchange transactions, including those carried out on behalf of the client, the amount of which is equal to or exceeds 50,000 (fifty thousand) US dollars in equivalent, as well as on transactions purchases and sales on behalf of a client of foreign currency, regardless of the amount shall submit to the central office of the National Bank a report on the currency transactions carried out in the form in accordance with Appendix 9 to the Rules for monitoring foreign exchange transactions in the Republic of Kazakhstan, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 10, 2019 № 64 “On Approval of the Rules for Monitoring Foreign Exchange Transactions in the Republic of Kazakhstan”, registered in the Register of State registration of regulatory legal acts under № 18544.
Footnote. The rules are supplemented by paragraph 8-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 № 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).9. The information required in accordance with the Rules is submitted by the authorized banks in paper or electronically using the transport system of guaranteed delivery of information with cryptographic means of protection that ensure the confidentiality and authenticity of the transmitted data.
9.1. For currency transactions related to reinsurance services in foreign currency from participants of the International financial center “Astana”, insurance (reinsurance) organizations of the Republic of Kazakhstan shall submit to the National Bank, including a report on reinsurance activities in accordance with Annex 22 to the Resolution of the Board of the National Bank dated December 31, 2019 № 275 " On approval of the list, forms, deadlines for submitting reporting by an insurance (reinsurance) organization and an insurance broker and the Rules for its submission", registered in the Register of state registration of regulatory legal acts under № 19927.
Footnote. The rules are supplemented with clause 9-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated July 20, 2020 № 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication). Paragraph 2. Documents required when making payments and (or) money transfers
on currency transactions
10. When making a payment and (or) transferring money under a currency transaction, a resident or non-resident shall submit the following documents to the authorized bank:
1) an identity document with an IIN in cases provided for by the laws of the Republic of Kazakhstan (for an individual), or data confirming (identifying) an individual through a digital document service.
The authorized bank uses data from the digital document service subject to the consent of the owner, provided from the user's account on the "electronic government" web portal, as well as through the owner's mobile subscriber number registered on the "electronic government" web portal by transferring a one-time password or by sending a short text message as a response to the notification of the e-government web portal;
2) a document confirming the right of permanent residence in the Republic of Kazakhstan (if any) (for an individual - a foreigner or stateless person);
3) a license of the National Bank for banking and other transactions (if any);
4) copies of documents confirming the fulfillment or on the basis of which it is necessary to fulfill obligations under foreign exchange contracts for export or import;
5) a currency contract or a copy thereof. A foreign exchange contract or a copy thereof, which is subject to the requirement to obtain an account number, shall be submitted with a note on the assignment of an account number (for a currency contract to which an account number was assigned after the Rules were put into effect);
6) a registration certificate or a certificate of notification - for currency contracts subject to registration on the movement of capital or accounts in foreign banks, for which, before the entry into force of the Rules, a registration certificate or a certificate of notification was received and no accounting number was assigned.
Submission of a foreign exchange contract is not required in the following cases:
if the transfer of money for a currency transaction is carried out between resident individuals or between non-resident individuals within the Republic of Kazakhstan and is free of charge;
if a payment and (or) money transfer under a currency transaction is carried out for an amount not exceeding the equivalent of ten thousand US dollars, and the sender or beneficiary of the payment and (or) money transfer is an individual, branch and (or) representative office of a foreign legal entity or a non-resident -entity;
if a payment and (or) money transfer under a currency transaction is carried out for an amount not exceeding the equivalent of ten thousand US dollars, and a resident legal entity (the sender and (or) beneficiary of the payment and (or) money transfer) has made or confirmed a record that that such payment and (or) money transfer is not related to the execution of a foreign exchange contract, which requires the assignment of an account number;
if the payment and (or) transfer of money for a currency transaction is carried out by an individual to his/her own bank account (from his/her own bank account) in a foreign bank.
Payment and (or) transfer of money on a currency transaction carried out by a resident-third party through an authorized bank to fulfill the obligations of a resident and (or) non-resident shall be allowed subject to the submission of a contract determining the nature of mutual obligations between the resident-third party and the person for which a payment and (or) money transfer is made, unless it follows from the currency contract on the basis of which such a payment and (or) money transfer is made. If any of the currency contracts is subject to the requirement to obtain an account number, then a copy of the currency contract with a note on the assignment of an account number, or a copy of the registration certificate, or a copy of the notification certificate shall be submitted.
If a payment and (or) transfer of money under a currency transaction is carried out by a resident-individual to fulfill the obligations of a spouse or close relative, then as a currency contract a document shall be presented confirming that the sender of money is the spouse or close relative of the individual in fulfillment of whose obligations the payment and (or) money transfer is made.
Footnote. Paragraph 10 is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 № 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).11. Payment and (or) money transfer on a currency transaction of a resident or non-resident using a payment card issued by an authorized bank is carried out without prior request of documents and (or) information required in accordance with the Rules.
If a payment and (or) money transfer for such a transaction has been made in the amount equal to fifty thousand US dollars in equivalent or higher, then the resident or non-resident submits information at the request of an authorized bank in accordance with paragraphs 14 and 15 of the Rules.
If a payment and (or) money transfer is made using a corporate payment card by a resident legal entity or a resident-branch (representative office) of a foreign non-financial organization in the amount equal to fifty thousand US dollars in equivalent or more, then such a resident within thirty working days from the day of such payment and (or) money transfer, submits to the authorized bank a currency agreement or a copy thereof.
Paragraph 3. Information required when making payments and (or)
money transfers on currency transactions
12. When making a payment and (or) money transfer on a currency transaction that requires the presentation of a currency agreement, and if an individual (money sender or beneficiary of money) does not have an opportunity to present it, the authorized bank makes such payment and (or) money transfer if there is information about the record made or confirmed by an individual:
1) allowing the authorized bank to submit information about this payment and (or) money transfer to the law enforcement bodies of the Republic of Kazakhstan and (or) the National Bank;
2) confirming that this payment and (or) money transfer is not related to the execution of a currency agreement, according to which an account number (for residents) is required;
3) confirming that this payment and (or) money transfer is not related to the financing of terrorist or extremist activities and other complicity with terrorism or extremism.
13. Payment and (or) transfer of money on a foreign exchange transaction, which can be aimed at withdrawing money from the Republic of Kazakhstan, evading the requirements of the currency legislation of the Republic of Kazakhstan, shall be carried out if there is information about the presentation by a resident who is the sender or recipient of money, permission to the authorized bank to transfer information about this payment and (or) transfer money to currency control authorities and law enforcement agencies.
Such permission shall be issued in any form. It shall be allowed to submit one permit in relation to all payments and (or) money transfers under foreign exchange transactions within the framework of a currency agreement, on the basis of which foreign exchange transactions shall be carried out, which can be aimed at withdrawing money from the Republic of Kazakhstan, evading the requirements of the currency legislation of the Republic of Kazakhstan.
Footnote. Paragraph 13 – in the wording by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 26.09.2023 № 66 (shall enter into force dated 01.01.2024).14. A resident, when making a payment and (or) money transfer in the amount equal to fifty thousand US dollars equivalent or higher, that is subject to notification in accordance with article 15 of the Law on currency regulation and currency control, provides information about the currency transaction in the form in accordance with Appendix 2 to Rules, including indicating:
1) the country of registration of the sender of the money and the beneficiary of the payment document, if these data do not coincide with those indicated in the payment document;
2) a sign of internal corporate money transfer;
3) the currency transaction code for which payment and (or) money transfer are made;
4) information about the sender and (or) the recipient of the money under the currency agreement, in case of discrepancy with the money sender and the beneficiary of the payment document;
5) the country of registration of the sender of the money and the recipient of the money under the currency agreement, in case of discrepancy with the sender of the money and the beneficiary of the payment document;
6) the details of the currency agreement and the registration number of the currency agreement (if any).
For the purpose of indicating the currency transaction code and other information provided for in this paragraph, at the request of an authorized bank, a resident legal entity submits constituent documents.
15. When making a payment and (or) money transfer in the amount equal to fifty thousand US dollars equivalent or higher, to be notified in accordance with article 15 of the Law on currency regulation and currency control, a non-resident submits to the authorized bank the following information about the currency transaction in the form according to Appendix 2 to the Rules:
1) the country of registration of the sender of the money and the beneficiary of the payment document, if these data do not coincide with those indicated in the payment document;
2) the currency transaction code for which the payment and (or) money transfer is made;
3) a sign of internal corporate money transfer.
16. The information on the payment and (or) money transfer specified in paragraphs 14 and 15 of the Rules is submitted to the authorized bank by the client or indicated by the authorized bank independently on the basis of the documents and (or) information submitted by the client.
The authorized bank, as an agent of currency control, checks the correctness of the information submitted by the client and the indication of the currency transaction code based on the submitted currency agreement and corrects, if necessary, the data specified by the client.
Paragraph 4. Types and criteria of individual currency transactions, which can be aimed at withdrawing money
from the Republic of Kazakhstan, evading the requirements of the currency legislation of the Republic of Kazakhstan,
and the procedure for their implementation
Footnote. Chapter 2 as added by the paragraph 4 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 26.09.2023 № 66 (shall enter into force dated 01.01.2024).
16-1. Currency transactions that can be used to withdraw money from the Republic of Kazakhstan include the following transactions:
1) a financial loan providing for the provision of money by a non-resident to a resident (with the exception of an authorized bank), if the terms of the relevant currency agreement (initially or after amendments and (or) additions to the currency agreement) do not provide for the transfer of money to be received from a non-resident to the resident's bank accounts in authorized banks;
2) a financial loan that provides for the resident (with the exception of an authorized bank) to have requirements for a non-resident to return money, if the terms of the relevant currency agreement (initially or after amendments and (or) additions to the currency agreement) do not provide for the transfer of money to be received from a non-resident to the resident's bank accounts in authorized banks;
3) a financial loan providing for the provision of money by a resident to a non-resident who shall not be an affiliate, if the terms of the relevant currency agreement (initially or after amendments and (or) additions to the currency agreement) do not provide for the payment of remuneration for using the subject of the financial loan;
4) export operations, if the terms of the relevant currency agreement (initially or after amendments and (or) additions to the currency agreement) provide that the period for fulfilling obligations by a non-resident to pay for exports exceeds 720 (seven hundred and twenty) days from the date of fulfillment of obligations by the resident;
5) import operations, if the terms of the relevant currency agreement (initially or after amendments and/or additions to the currency agreement) it shall be stipulated that the deadline for the fulfillment of obligations by a non-resident for the supply of goods (performance of works, provision of services) or return of money, including advance payment or prepayment in full (in case of non-resident's failure to fulfill its import obligations), exceeds 720 (seven hundred and twenty) days from the date of resident's fulfillment of obligations;
6) transfer of money by a resident to a non-resident professional participant of the securities market carrying out foreign exchange transactions on behalf of clients in an amount exceeding 50,000 (fifty thousand) US dollars in equivalent;
7) transfer by a resident of money to his own account abroad in an amount exceeding 50,000 (fifty thousand) US dollars in equivalent;
8) free transfer of money made by a resident in favor of a non-resident in an amount exceeding 50,000 (fifty thousand) US dollars in equivalent.
Foreign exchange transactions referred to in sub-paragraph 1), 2) and 3) of the first part of this paragraph shall not include financial loans that arise in the framework of transactions on trade or Islamic financing, as well as transactions carried out by non-residents with their branches (representative offices) in the Republic of Kazakhstan, and transactions between branches (representative offices) of foreign organizations in the Republic of Kazakhstan.
For the purposes of this paragraph, a resident's affiliate shall include:
1) an individual who owns ten or more percent of the voting shares of the joint-stock company (ten or more percent of the votes of the members) of the resident legal entity;
2) an individual in which this resident owns ten or more percent of the voting shares of the joint-stock company (ten or more percent of the votes of the participants);
3) an individual who, together with this resident, is under the control of a third party.
This paragraph shall not apply to internal corporate money transfers made by branches (representative offices) of foreign non-financial organizations.
16-2. Currency transactions that may be aimed at evading the requirements of the currency legislation of the Republic of Kazakhstan include payments and (or) transfers of money of one person per calendar month under two or more currency agreements concluded with the same non-resident, for a total amount exceeding the threshold value beyond which such currency agreements are subject to assignment of an accounting number.
16-3. When making a payment and (or) transferring money under foreign exchange transactions specified in paragraphs 16-1 and 16-2 of the Rules, the resident submits to the authorized bank permission to transfer information about this payment and (or) transfer of money to currency control and law enforcement agencies, as well as at the request of an authorized bank, other documents and information necessary for the authorized bank to monitor and study the transaction in accordance with the requirements of the Law of the Republic of Kazakhstan "On combating legalization (laundering) of proceeds from crime and the financing of terrorism "(hereinafter referred to as the" CCFT Act ").
16-4. When making a payment and (or) transferring money on foreign exchange transactions specified in paragraphs 16-1 and 16-2 of the Rules, the authorized bank monitors and studies such a transaction in accordance with the program for monitoring and studying customer transactions provided for by the internal control rules developed and adopted in accordance with Article 11 of the Law on CCFT.
Chapter 3. Procedure for purchase and (or) sale of non-cash foreign currency in
domestic foreign exchange market of the Republic of Kazakhstan
17. Purchase and (or) sale of non-cash foreign currency in the domestic foreign exchange market of the Republic of Kazakhstan through bank accounts in the authorized banks is carried out by residents and non-residents, with the exception of individuals and authorized banks, on the basis of an application for the purchase or sale of non-cash foreign currency.
The purchase and (or) sale of non-cash foreign currency in the domestic foreign exchange market of the Republic of Kazakhstan through bank accounts in the authorized banks for further internal corporate money transfer is carried out by branches (representative offices) of foreign non-financial organizations (residents and non-residents) on the basis of a document confirming that this money transfer is intra-corporate.
18. When applying for the purchase of non-cash foreign currency, resident legal entities, with the exception of the authorized banks, indicate the purpose of the purchase of non-cash foreign currency.
When applying for the purchase or sale of non-cash foreign currency for the national currency through bank accounts in the authorized banks, non-resident legal entities indicate the purpose of the purchase or sale of non-cash foreign currency.
19. Resident legal entities (with the exception of authorized banks) shall purchase non-cash foreign currency for the national currency in one authorized bank in one working day for the purposes not related to the fulfillment of obligations in foreign currency in the amount not exceeding fifty thousand US dollars in equivalent.
Purposes not related to the fulfillment of obligations in foreign currency include the transfer of foreign currency to own accounts in foreign banks, gratuitous transfers of money in foreign currency, as well as crediting and (or) transferring foreign currency to own accounts in authorized banks.
Footnote. Clause 19 - is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.07.2020 № 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).20. When making an application for the purchase of non-cash foreign currency for the national currency in the amount exceeding fifty thousand US dollars in equivalent, a resident legal entity (with the exception of an authorized bank) indicates the purpose of the purchase, and also attaches a copy of the currency agreement and an invoice or other payment document to the application, for the performance of which the non-cash foreign currency is purchased. At the same time, an application for the purchase of non-cash foreign currency for the national currency by a resident legal entity (with the exception of an authorized bank) is accompanied by an instruction to the authorized bank, if it is not used within ten working days from the date of purchase for the stated purposes, to sell this currency for the national currency within the next three working days, except for the cases provided for in clause 20-1 of the Rules.
It is not allowed to use non-cash foreign currency purchased in accordance with this clause of the Rules for the purposes not related to the performance of obligations in foreign currency, except for the case provided for in clause 22 of the Rules.
If the currency agreement is subject to the requirement to obtain an account number, then a copy of the currency agreement with a mark on assignment of an account number, or a copy of the registration certificate, or a copy of the notification certificate shall be submitted.
The purchase of non-cash foreign currency for national currency by authorized organizations from an authorized bank shall be carried out on the basis of a valid license for exchange transactions with foreign currency in cash and a valid annex (valid annexes) to it.
Footnote. Clause 20 – is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.07.2020 № 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).20-1. When a resident legal entity (with the exception of an authorized bank) purchases non-cash foreign currency for the purpose of paying net income or a part of it, distributed by this resident legal entity between its shareholders, founders, participants, the authorized bank shall not need to submit the instructions provided for in clause 20 of the Rules.
When a resident legal entity (with the exception of an authorized bank) purchases non-cash foreign currency in accordance with clause 20 of the Rules for the purpose of repayment of obligations in foreign currency to a non-resident of the Republic of Kazakhstan on received foreign loans, the amount of the foreign currency agreement for which exceeds one hundred million US dollars in equivalent, and bonds issued in foreign currency, the nominal amount, according to the issue prospectus for which exceeds one hundred million US dollars in equivalent, and for which the obligations are performed within ninety calendar days from the date of purchase of non-cash foreign currency, the resident legal entity shall attach an application for opening a separate bank account in the corresponding foreign currency, an instruction to the authorized bank to transfer the purchased non-cash foreign currency to a separate bank account in foreign currency, an instruction to the authorized bank in case of its non-use within ninety calendar days from the date of purchase for the stated purposes to sell this currency for the national currency within the next three working days, as well as the documents confirming the amount and terms of performance of obligations (loan agreement and payment schedule, other documents). The authorized bank transfers the non-cash foreign currency purchased by the resident legal entity to a separate bank account and ensures its use by the resident legal entity exclusively for the stated purposes.
Footnote. The rules are supplemented with clause 20-1 in accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.07.2020 № 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).21. When executing an application of a resident legal entity (with the exception of an authorized bank) for the purchase of non-cash foreign currency for national currency for an amount exceeding fifty thousand US dollars in equivalent, the authorized bank shall verify the purchase purposes specified in the application and the amount of foreign currency with the currency agreement, and an invoice or other document for payment confirming the purpose and amount of the purchase of non-cash foreign currency, as well as with the available information about purchases of non-cash foreign currency for national currency previously made in accordance with the Rules on the basis of this currency agreement.
It is not allowed to exceed the total amount of purchases of non-cash foreign currency for national currency under the currency agreement over the amount of the currency agreement. The total amount of purchases of non-cash foreign currency for national currency under the currency agreement shall be calculated based on the applications of a resident legal entity and (or) information from other authorized banks on purchases of foreign currency made under this currency agreement.
Footnote. Clause 21 - is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.07.2020 № 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).22. It is allowed to use non-cash foreign currency purchased in accordance with clauses 19 and 20 of the Rules for the purposes related to the performance of obligations in foreign currency under another currency agreement, except for the cases provided for in clause 20-1 of the Rules, when a resident legal entity (with the exception of an authorized bank) submits to an authorized bank an additional application issued in accordance with part one of clause 20 of the Rules, to a previously issued application, according to which a non-cash foreign currency was purchased.
When a resident legal entity (with the exception of an authorized bank) transfers non-cash foreign currency previously purchased in accordance with clause 20 of the Rules to its own account in another authorized bank in order to perform obligations in foreign currency under the currency agreement, the authorized bank simultaneously with the transfer of money shall send information to another authorized bank about previously purchased non-cash foreign currency in accordance with clause 20 of the Rules for further currency control.
Footnote. Clause 22 - as amended by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.07.2020 № 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).23. An authorized bank refuses to execute the application of a resident legal entity (with the exception of an authorized bank) for the purchase of non-cash foreign currency for the national currency, issued in accordance with clauses 19, 20, 20-1 and 22 of the Rules, as well as if:
the amount of purchases of non-cash foreign currency for the national currency under one currency agreement, calculated on the basis of requests from a resident legal entity and (or) information from other authorized banks on purchases of foreign currency, exceeds the amount of such a currency agreement and an invoice or other document for payment;
the amount of purchases of non-cash foreign currency for the national currency by one resident legal entity through one authorized bank in one working day for purposes not related to the performance of obligations in foreign currency, calculated on the basis of applications of the resident legal entity, exceeds fifty thousand US dollars in equivalent.
Footnote. Clause 23 - is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.07.2020 № 93 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Chapter 4. Procedure for transactions on a bank account related to the withdrawal, crediting and use of cash foreign currency
24. Individuals without restriction withdraw (deposit) cash foreign currency from their bank accounts (to their bank accounts) in the authorized banks.
25. It is allowed for legal entities and branches (representative offices) of foreign organizations to withdraw foreign currency cash from their bank accounts in the authorized bank for the purposes of settlements with individuals in the cases specified in Article 7 of the Law on currency regulation and currency control.
26. A legal entity or a branch (representative office) of a foreign organization, when withdrawing foreign currency cash from its bank account, for the purpose of a currency transaction to pay the expenses of an individual related to his business trip outside the Republic of Kazakhstan, including hospitality expenses, submits documents to the authorized bank, confirming the purpose of payments made to individuals and containing an indication of the amount of withdrawn foreign currency cash. As such documents, it is allowed to submit an order, an instruction, a decision, and estimate of travel expenses.
In case of withdrawing foreign currency cash for the purpose of a currency transaction to pay the expenses of an individual related to his business trip outside the Republic of Kazakhstan, including hospitality expenses, using a corporate payment card, these documents are submitted to the authorized bank within thirty working days from the day of such withdrawal.
27. If foreign currency cash withdrawn for the purpose of a currency transaction to pay an individual’s expenses related to his business trip outside the Republic of Kazakhstan, including hospitality expenses, was not used (in whole or in part) for these purposes, the unused foreign currency cash shall be credited to the bank account of a legal entity or branch (representative office) of a foreign organization in an authorized bank within ten working days from the date of expiration of the period for the secondment of the individual.
When crediting foreign currency cash to the bank account in an authorized bank, a legal entity or branch (representative office) of a foreign organization indicates in the cash receipt order the reason for receiving foreign currency cash.
28. The authorized bank, in accordance with paragraph 8 of the Rules, informs the National Bank of the fact of crediting foreign currency cash to the bank account of a legal entity or branch (representative office) of a foreign organization, with the exception of crediting foreign currency cash in cases provided for in article 7 of the Law on currency regulation and currency control.
29. Paragraphs 25, 26, 27 of the Rules do not apply to diplomatic and equivalent missions, consular institutions of foreign states accredited in the Republic of Kazakhstan.
| Appendix 1 | |
| to the Rules for implementation | |
| of currency transactions | |
| in the Republic of Kazakhstan |
Form designed to collect administrative data
Submitted: to the National Bank of the Republic of Kazakhstan
The form of administrative data is available on the official Internet resource: www.nationalbank.kz
Violation card № _______
Footnote. Appendix 1 is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 № 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Index of administrative data form: KN1
Periodicity: monthly
Reporting period: for ________ month ________ year
Circle of persons submitting information: an authorized bank
Deadline for submission: monthly, by the last day of the month following the reporting one
Form
Line code | Type of information | Information on violation |
10 | Information about the bank's client: | |
11 | name (for legal entities or branches (representative offices) of legal entities), organizational-legal form (if any), surname, name, patronymic (if any) (for individuals) | |
12 | BIN (for legal entities or branches (representative offices) of legal entities) | |
13 | IIN (for individuals) | |
14 |
client’s attribute: | |
15 | place of permanent residence (location) | |
16 | area code | |
20 | Information on currency transactions: | |
21 | date | |
22 | sum | |
23 | currency | |
30 | Violation information: | |
31 | type | |
32 | description of the violation | |
33 | number of the currency contract (indicated without spaces) | |
34 | date of the currency contract (in the format DD/MM/YYYY) | |
35 | registration number (if any) | |
36 | other information on the currency contract (if any) | |
37 | additional information about the violation |
Name _____________________________________________________________
Address ____________________________________________________________________
Telephone __________________________________________________________________
E-mail address ___________________________________________________
Contractor ____________________________________________________________
surname, name and patronymic (if any) signature, phone number
Head or a person acting his/her duties
_________________________________________________ ________________________
surname, name and patronymic (if any) signature, phone number
Date "____" ______________ 20__
| Appendix | |
| to the form | |
| "Violation Card" |
Explanation for filling out the form of administrative data Violation card (index - KN1, periodicity - monthly)
Chapter 1. General provisions
1. This explanation determines the requirements for filling out the form for collecting administrative data "Violation card" (hereinafter - the Form).
2. The form was developed in accordance with paragraph 6 of Article 5 of the Law of the Republic of Kazakhstan "On currency regulation and currency control".
Chapter 2 Filling out the Form
3. Information is provided in the cases specified in paragraph 8 of the Rules.
4. The line with code 11 shall indicate the surname, name, patronymic (if any) of an individual; name of the legal entity or branch (representative office) of the legal entity; legal form (if any).
5. In the line with code 16, the first 2 digits of the region code are indicated according to the state classifier of the Republic of Kazakhstan GK RK 11 "Classifier of administrative-territorial objects".
6. Lines with codes 21, 22 and 23 are not filled in for cases of violation of the deadlines for submission of documents or information.
8. The line with code 22 shall indicate the amount of the currency transaction carried out in violation of the currency legislation, in thousands of units of the currency of the transaction.
9. In the line with code 23, the letter designation of the currency code for a currency transaction carried out in violation of the currency legislation is indicated in accordance with the national classifier of the Republic of Kazakhstan NC RK 07 ISO 4217 "Codes for designating currencies and funds".
10. Line with code 31 indicates the type of violation in text and (or) numeric format.
11. Line with code 32 contains a brief description of the violation in text format.
12. Lines with codes 34, 35 and 36 are filled in if there is a currency contract for a currency transaction carried out in violation of currency legislation.
| Appendix 2 | |
| to the Rules for implementation | |
| of currency transactions | |
| in the Republic of Kazakhstan | |
| Form |
Information about the currency transaction
Footnote. Appendix 2 is in the wording of the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 20.12.2021 № 113 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Code of the authorized bank __________________
Number of payment document _________________
Date __________________
Line code | Type of information | Information |
01 | Code of currency transaction | |
02 | Sign of payment (money transfer) ("1" - intracorporate money transfer; "0" - other payment (money transfer) | |
10 | Information about the sender and beneficiary of the payment and (or) money transfer specified in the payment document | |
11 | Code of the country of residence of the sender | |
12 | Code of the country of residence of the beneficiary | |
20 | Information about the currency contract: | |
21 | Number (name, if any) of the contract | |
22 | Date of the contract | |
23 | Registration number of the contract (if any) | |
24 | Other information on the currency contract (if any) | |
30 | Information about the sender of money under the currency contract (filled in in case of a discrepancy with the sender of money specified in the payment document) | |
31 | Sign of residency | |
32 | Surname, name, patronymic (if any) of an individual Name of a legal entity, its branch (representative office) | |
33 | IIN or BIN (if any) | |
34 | Code of economy sector | |
35 | Code of residence country | |
40 | Information about the recipient of money under the currency contract (filled in in case of discrepancy with the beneficiary specified in the payment document) | |
41 | Sign of residency | |
42 | Surname, name, patronymic (if any) of an individual. Name of the legal entity, its branch (representative office) | |
43 | IIN or BIN (if any) | |
44 | Code of economy sector | |
45 | Code of residence country |
| Appendix | |
| to the form "Information | |
| about currency transactions" |
Explanation on filling out the form "Information about currency transactions"
Chapter 1. General provisions
1. This Explanation (hereinafter - the Explanation) shall determine the requirements for filling in the form “Information about currency transactions” (hereinafter- the Form).
2. The form was developed in accordance with paragraph 6 of Article 5 of the Law of the Republic of Kazakhstan "On currency regulation and currency control".
3. The form is filled out as an appendix to the relevant payment document.
Chapter 2 Filling out the Form
4. Lines 01, 02, 11 and 12 are filled in by resident and non-resident clients. Lines 21, 22, 23, 24, 31, 32, 33, 34, 35, 41, 42, 43, 44 and 45 are filled in only by residents.
5. Line 01 is filled in in accordance with the table of currency operation codes, which is an appendix to the Explanation.
6. Lines 11, 12, 35 and 45 indicate the two-digit code of the country of residence in accordance with the national classifier of the Republic of Kazakhstan NC RK 06 ISO 3166-1 “Codes for representing the names of countries and units of their administrative-territorial divisions. Part 1. Country codes”.
Country of residence - the country of registration of a legal entity, a structural subdivision of a legal entity or a country of permanent residence of an individual (on the basis of citizenship or a right granted in accordance with the legislation of the Republic of Kazakhstan or a foreign state).
7. Lines 31, 34, 41 and 44 are filled in in accordance with the Rules for the application of codes of sectors of the economy and the purpose of payments, approved by the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 № 203 "On approval of the Rules for the application of codes of sectors of the economy and the purpose of payments", registered in the Register of state registration of regulatory legal acts under № 14365.
| Appendix | |
| to the explanation on filling out the form | |
| "Information about currency transactions" |
Table Codes of currency transactions
Codes of currency transactions | Name of transactions |
1. Operations using bank accounts | |
11. Foreign trade operations (goods, works, services), including under commission agreements and purchase/redemption of electronic money | |
11.1payments for goods: | |
1111 | payments for goods imported into the territory of the Republic of Kazakhstan |
1112 | payments for goods exported from the territory of the Republic of Kazakhstan |
1113 | payments for goods purchased or sold on the territory of the Republic of Kazakhstan and without their export outside the Republic of Kazakhstan |
1114 | payments for goods purchased or sold outside the Republic of Kazakhstan and without their import into the territory of the Republic of Kazakhstan |
11.2 payments for works and services: | |
1121 | payments for works or services performed or rendered by a non-resident to a resident |
1122 | payments for works or services performed or rendered by a resident to a non-resident |
1123 | payments for works or services rendered by a resident to a resident. |
1124 | payments for works or services performed or rendered by a non-resident to a non-resident |
11.3 transactions with electronic money | |
1131 | transactions with electronic money, the issuer of which is a resident |
1132 | transactions with electronic money, the issuer of which is a non-resident |
11.4 other payments: | |
1141 | related payments under contracts for the supply of goods, performance of works, provision of services |
1142 | refund of erroneously transferred amounts, as well as payment for non-presented goods, non-rendered services, unperformed works |
1143 | other payments under contracts for the supply of goods, performance of works, provision of services |
12. Transactions with real estate, other equipment and vehicles (except for purchase or sale), non-produced non-financial assets, intellectual property, intangible assets | |
12.1. acquisition of property rights, including equity participation in housing construction, fully exclusive rights to intellectual property | |
1211 | acquisition of ownership of real estate, with the exception of property equated to real estate, non-produced non-financial assets (land, its subsoil) |
1212 | acquisition of ownership of property equated to real estate |
1213 | acquisition of a fully exclusive right to intellectual property |
1214 | acquisition of ownership of other intangible assets |
12.2. current lease (including the right to subsoil use), partial acquisition of an exclusive right | |
1221 | lease of real estate, except for property equivalent to real estate, non-produced non-financial assets (land, its subsoil) |
1222 | lease of property equivalent to real estate |
1223 | rental of equipment and vehicles |
1224 | acquisition of a partially exclusive right to intellectual property |
1225 | license and other payments for the use of other intangible assets |
12.3. financial leasing or lease with subsequent purchase | |
1231 | rental of real estate, with the exception of property equated to real estate, with subsequent redemption |
1232 | financial leasing of property equivalent to real estate |
1233 | financial leasing of equipment and vehicles |
12.4. other payments: | |
124.1 | other payments: related payments (fines, penalties, forfeits, commissions), return of erroneously transferred amounts and other payments for transactions with real estate, other equipment and vehicles (except for purchase or sale), non-produced non-financial assets, intellectual property, intangible assets |
13. Transactions with financial instruments | |
13.1. loans, equity instruments, securities, derivative financial instruments | |
1311 | payments on financial instruments: loans (issuance and redemption), equity instruments (formation of authorized capital, purchase, sale), securities (purchase, sale, redemption) and payment of income on them (remuneration, dividends, distributed profit) |
1312 | payments on derivative financial instruments and payment of income on them |
13.2. within the framework of agreements for brokerage services, investment portfolio management (if it is not possible to determine the financial instrument) | |
1321 | transactions under agreements concluded with a broker, a resident management company |
1322 | transactions under agreements concluded with a broker, management company, investment bank - non-resident |
13.3. trust management of property, trusts | |
1331 | transactions under agreements concluded with a resident trustee |
1332 | transactions under agreements concluded with a non-resident trustee |
13.4. fulfillment of the obligations of a participant in a joint activity (with the exception of transactions included in sections 1, 2) | |
1341 | transactions under agreements providing for the implementation of joint activities on the territory of the Republic of Kazakhstan |
1342 | transactions under agreements providing for the implementation of joint activities outside the Republic of Kazakhstan |
13.5. oher payments: | |
1351 | other payments: related payments (fines, penalties, forfeits, commissions), return of erroneously transferred amounts and other payments for operations with financial instruments, electronic money, under brokerage agreements, investment portfolio management, trust management, trust, joint activities |
14. Payments and (or) money transfers on own accounts and non-trading transactions | |
14.1. on own accounts | |
1411 | money transfer to own account (from own account) in another resident bank |
1412 | transfer of money from (to) own (own) account (account) in a foreign bank |
1413 | withdrawal of cash foreign currency from an account in a resident bank |
1414 | depositing foreign currency in cash to replenish an account with a resident bank |
1415 | purchase of foreign currency by the bank from the client for the national currency, except for the operation provided for by code 1419 |
1416 | sale by a bank of foreign currency to a client for national currency |
1417 | purchase (sale) by a bank of foreign currency from a client (client) for another foreign currency |
1418 | purchase/sale of other currency values |
1419 | sale by the client of previously purchased and unused foreign currency within the established time limits |
14.2. payments and (or) money transfers in favour of third parties (state bodies, other organizations or individuals) | |
1421 | gratuitous money transfers, gratuitous financial assistance, membership fees and other payments and (or) money transfers in favour of third parties |
1422 | depositing foreign currency in cash to replenish the account of a third party in a resident bank |
1423 | payments using a payment card (unless the transaction is otherwise classified) |
1424 | payment of duties, taxes, fines, judgments, etc. |
1425 | payment of pensions, wages, travel expenses |
1426 | remuneration and commissions on bank accounts |
14.3. related payments | |
1431 | other payments: related payments (fines, penalties, forfeits, commissions), return of erroneously transferred amounts and other operations not included in sections 14.1, 14.2 |
2. Transactions without using bank accounts | |
21.Purchase of currency values from clients (excluding cash foreign currency) | |
2101 | purchase of checks, bills of exchange, other payment documents |
2102 | purchase of minted bars from refined gold and other currency values |
22. Sale of currency values to clients (excluding cash foreign currency) | |
2201 | sale of checks, bills of exchange, other payment documents |
2202 | sale of minted bars from refined gold and other currency values |
23. Payments and (or) money transfers without opening an account | |
2301 | payment and (or) money transfer on the territory of the Republic of Kazakhstan |
2302 | payment and (or) money transfer sent outside the Republic of Kazakhstan or received from abroad |
| Supplement to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 30, 2019 № 40 |
The list of regulatory legal acts of the Republic of Kazakhstan, as well as a structural element
of a regulatory legal act of the Republic of Kazakhstan, recognized as invalid
1. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 28, 2012 № 154 “On approval of the Rules for currency transactions in the Republic of Kazakhstan” (registered in the Register of state registration of regulatory legal acts under № 7701, published on August 25, 2012 in the newspaper “Kazakhstanskaya Pravda” № 286-287 (27105-27106).
2. Paragraph 34 of the List of regulatory legal acts of the Republic of Kazakhstan, amended, approved by the resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 26, 2013 № 110 “On amendments to some regulatory legal acts of the Republic of Kazakhstan” (registered in the Register of state registration of regulatory legal acts under № 8505, published on August 6, 2013 in the newspaper Yuridicheskaya Gazeta № 115 (2490).
3. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 16, 2015 № 32 “On amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 28, 2012 № 154 “On approval of the Rules for currency transactions in the Republic of Kazakhstan” (registered in the Register of the state registration of regulatory legal acts under № 10777, published on April 30, 2015 in the information and legal system "Adilet").
4. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 31, 2015 № 264 “On amendments and additions to the resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 28, 2012 № 154 “On approval of the Rules for currency transactions in the Republic of Kazakhstan” (registered in the Register of the state registration of regulatory legal acts under № 13580, published on May 16, 2016 in the legal information system "Adilet").
5. Resolution of the Board of the National Bank of the Republic of Kazakhstan dated December 22, 2017 № 250 “On amending the resolution of the Board of the National Bank of the Republic of Kazakhstan dated April 28, 2012 № 154 “On approval of the Rules for currency transactions in the Republic of Kazakhstan” (registered in the Register of the state registration of regulatory legal acts under № 16537, published on March 19, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).
