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AFSA NOTICE № AFSA-T-NB-2020-0004 ON WAIVER AND MODIFICATION

WAIVER AND MODIFICATION NOTICE No. AFSA-T-NB-2020-0004 dated 24.06.2020

THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:

1. The Rules specified in Table A herein do not apply to the Authorised Firms carrying on Regulated Activity of Operating a Representative Office.

AND

2. The Rule specified in the left hand column of Table B herein do not apply to the Authorised Firms carrying on Regulated Activity of Operating a Representative Office in the form appearing in the AIFC AML Rules (AML) but instead apply as modified in the right hand column of the table.

TABLE A – RULES WAIVED

AIFC Act

Waived Rule

GEN

2.1.1

GEN

2.1.2

REP

3.4 (1) (a)


TABLE B – RULES MODIFIED

The Rule specified in the left-hand column of the Table B is modified to the extent shown in the right hand column of the Table B below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered.


AIFC Act

Modified Text

AML Chapter 2

Rule 2.1 Application

(a) The AML Rules apply to:

(i) every Relevant Person in respect of all its AFSA regulated or supervised activities excluding a Regulated Activity of Operating a Representative Office; and

(ii) the persons specified in AML 2.2 as being responsible for a Relevant Person's compliance with these Rules.

(b) For the purposes of these Rules, a Relevant Person means:

(i) an Authorised Firm;

(ii) an Authorised Market Institution;

(iii) a DNFBP; or

(iv) a Registered Auditor.


EFFECTIVE PERIOD

This notice comes into effect on the date of issue and remains in force until the further notice.

INTERPRETATION

Defined terms are identified in this notice by the capitalisation of the initial letter of a word or of each word in a phrase and are defined in the AIFC Glossary. Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning.

THIS NOTICE IS ISSUED PURSUANT TO SECTION 9 OF THE FINANCIAL SERVICES FRAMEWORK REGULATIONS BY THE ASTANA FINANCIAL SERVICES AUTHORITY.