14.5.1. Obligation to keep records

A Relevant Person must maintain the following records:

1. (a) a copy of all documents and information obtained in conducting initial and on-going CDD;
2. (b) the supporting records (consisting of the original documents or certified copies) in respect of the customer business relationship, including transactions;
3. (c) notifications made under AML 13.7.3;
4. (d) STRs and any relevant supporting documents and information, including internal findings and analysis;
5. (e) any relevant communications with the FIU; and
6. (f) the documents in AML 14.5.2,
7. for at least six years from the date on which the notification or report was made, the business relationship ends or the transaction is completed, whichever occurs last.
8. 
   

14.5.2. Documentation obligation

A Relevant Person must document, and provide to the AFSA on request, any of the following:

1. (a) the risk assessments of its business undertaken under AML 4.1.1;
2. (b) how the assessments in (a) were used for the purposes of complying with AML 5.1.1</a>(a);
3. (c) the risk assessments of the customer undertaken under AML 5.1.1; and
4. (d) the determinations made under AML 5.1.1.

14.5.3. Location of Records

Where the records referred to in AML 14.5.1 are kept by the Relevant Person in the care of an entity that is not a Centre Participant, a Relevant Person must:

1. (a) take reasonable steps to ensure that the records are held in a manner consistent with these Rules;
2. (b) ensure that the records are easily accessible to the Relevant Person; and
3. (c) upon request by the AFSA, ensure that the records are available for inspection within a reasonable period.

14.5.4. Data protection legislation

A Relevant Person must:

1. (a) verify if there is secrecy or data protection legislation that would restrict access withoutdelay to the records referred to in AML 14.5.1 by the Relevant Person, the AFSA, or applicable Kazakhstan law; and
2. (b) where such legislation exists, obtain without delay certified copies of the relevant records and keep such copies in a jurisdiction which allows access by those persons identified in (a).

14.5.5.Training records

A Relevant Person must be able to demonstrate that it has complied with the training and awareness requirements in Chapter 14 through appropriate measures, including the maintenance of relevant training records.

Guidance on record keeping

1. (a)The records required to be kept under AML 14.5 may be kept in electronic format, if such records are readily accessible and available to respond promptly to any AFSA requests for information. Authorised Persons are reminded of their obligations in GEN 5.9.
2. (b)If the date on which the business relationship with a customer has ended remains unclear, it may be taken to have ended on the date of the completion of the last transaction.
3. (c)The records maintained by a Relevant Person should be kept in such a manner that:
4. (i)the AFSA, or another competent authority are able to assess the Relevant Person’s compliance with legislation applicable in the AIFC;
5. (ii)any transaction which was processed by or through the Relevant Person on behalf of a customer or other third party can be reconstructed;
6. (iii)any customer or third party can be identified; and
7. (iv)the Relevant Personcan satisfy any regulatory enquiry or court order to disclose information within the time indicated in such enquiry or court order.
8. (d)In complying with AML 14.5.3, Authorised Persons are reminded of their obligations in GEN 5.9.
9. (e)"Appropriate measures" in AML 14.5.5 may include the maintenance of a training log setting out details of:
10. (i)the dates when the training was given;
11. (ii)the nature of the training; and
12. (iii)the names of employees who received the training.
13.