Tengrinews.kz – How will mobile operators be punished for refusing to share subscriber data with law enforcement in Kazakhstan? What specific information is of interest to the authorities? Deputy Chairman of the Agency for Financial Monitoring (AFM) Zhenis Elemesov answered these questions in the Mazhilis corridors.
According to Elemesov, those who refuse to provide information to law enforcement will face penalties under Article 214 of the Administrative Offenses Code - "Violation of Kazakhstan’s legislation on combating legalization (laundering) of criminal proceeds and financing of terrorism".
The minimum penalty under this article is a fine of 150 monthly calculation indices (MCI) - 589,800 tenge in 2025 for medium-sized businesses, and 200 MCI (786,400 tenge) for large businesses. The maximum penalty can reach 600 MCI (2.3 million tenge) for medium businesses and 1,200 MCI (4.7 million tenge) for large businesses. License suspension is also possible.
Elemesov explained that subscriber checks may occur if the Agency notices “suspicious activity”.
“For example, if one subscriber regularly receives top-ups from different sources, this is suspicious. We haven’t set specific thresholds because we are interested not in all top-ups, but in unusual, anomalous ones,” Elemesov said.
If money is first deposited to the balance and then withdrawn, it may be seen as a tool for money laundering, he added.
“Some individuals, receiving criminal proceeds… may get funds transferred to their balance from other sources and then withdraw them as cash via terminals,” Elemesov explained.
Recall that today the Mazhilis deputies approved in first reading a draft law regulating anti-money laundering measures. The document proposes obliging mobile operators to report data on Kazakh citizens’ balance top-ups.