The impact of international databases on Kazakhstani companies’ exports and settlements

Today, access to international markets for Kazakhstani companies is largely determined by their business reputation and transparency, in terms of both foreign and national requirements. Information posted in international compliance databases plays a key role in this, as these databases are used to check counterparties, comply with sanctions and regulatory regimes, and assess ESG indicators. New regulatory trends, ranging from the adoption of RegTech solutions to stricter data transfer controls and ESG information disclosure requirements, underscore the importance of working with such databases for exporters.

1. The Role of International Databases in Checking Counterparties and Complying with Sanctions Regimes

International compliance databases (e.g. Dow Jones Risk & Compliance, World-Check, LexisNexis and Orbis) serve as a source of information about legal entities, their beneficiaries and connections with sanctions regimes and suspicious activities, as well as their corporate and judicial history. These databases are used by:

– international banks when opening accounts and making export payments;

– insurers when analysing contract risks;

Large trading and logistics companies use them for ongoing monitoring of partners.

Checks are carried out in the following areas:

– identifying connections with individuals or structures subject to sanctions (UN, EU, USA, UK, etc.);

– analysing the corporate structure and sources of funding;

– monitoring negative news and litigation.

Legal basis:

Banks and other organisations must comply with international AML/CFT legislation (anti-money laundering and counter-terrorist financing) and sanctions regimes.

2. New international regulations and their impact on Kazakhstani companies

US Data Security Programme (DSP):

Since 2025, the US has had a Data Security Programme (DSP) that restricts the transfer of certain categories of US citizen personal data to a number of countries, including Russia, China, Venezuela, Iran, Cuba and North Korea, as well as their subsidiaries. For Kazakhstani companies, this means:

– the need for additional verification of procedures for working with personal data when exporting to the US or processing information about US citizens.

– the obligation to take possible restrictions from US partners and banks into account, even if the company itself does not operate in ‘risky’ countries.

Development of RegTech and compliance in Kazakhstan

As part of the implementation of the Concept for the Development of the Financial Sector of Kazakhstan, special attention is paid to the implementation of Regulatory Technology (RegTech). RegTech allows:

– automation of compliance processes and reputation monitoring in international databases;

– implementation of modern KYC/AML procedures (identification, risk management and fraud prevention);

– integrate stress testing and reporting to meet international standards.

The growing importance of ESG compliance

The global trend is to transition from voluntary to mandatory disclosure of ESG risk data (environmental, social and governance factors). In Kazakhstan, requirements for the disclosure of relevant information are being introduced for companies entering international markets, particularly in the financial sector.

ESG indicators are becoming the subject of analysis in international databases and can directly influence foreign partners’ decisions on cooperation.

3. The impact of negative information on the possibility of conducting international transactions

Restrictions on access to financial services: foreign banks and payment systems may block or hinder transactions involving companies deemed to be at risk.

Denial of insurance and logistics services: even the mere suspicion of a violation of sanctions or negative reputation can result in services being denied.

Risks of payment blocking: account freezing, payment delays and suspension of export transactions due to negative information emerging.

An example from international practice:

In 2019, Standard Chartered Bank was fined $1.1 billion by US and UK authorities for inadequate compliance controls and for conducting transactions that circumvented sanctions. Although this case involved a non-Kazakhstani bank, it illustrates the consequences of inattention to compliance issues, ranging from reputational losses to multi-million dollar fines and loss of access to international financial markets.

4. The role of local regulations and national authorities

In addition to international requirements, Kazakhstani companies must take local legislation into account.

The Law of the Republic of Kazakhstan ‘On Personal Data and Their Protection’ requires data localisation and compliance with information storage and processing standards.

The activities of the National Data Protection Authority include control over compliance with legislation, participation in investigations and monitoring.

Public and financial companies have disclosure obligations, including requirements for corporate transparency and the timely updating of information on beneficiaries and structures.

5. Practical recommendations: a structured approach.

Monitoring:

  • Regularly check information about the company and its key personnel in international and local databases (e.g. World-Check, Dow Jones and WorldCompliance).
  • Use RegTech capabilities to automate monitoring.

Response:

  • Correct incorrect or outdated information promptly by providing supporting documents to database providers.
  • Document the process for making changes to demonstrate your good faith to foreign banks or regulators, if necessary.

Transparency:Transparency:

  • Ensure openness in the corporate structure and promptly update information about beneficiaries.
  • Prepare and promptly disclose ESG reports that focus on international standards.

Legal support:Legal support:

  • Engage experienced lawyers and consultants to work with international compliance providers and interact with foreign banks and regulators.
  • Use professional legal services to monitor regulatory changes.
RiskRecommendation
Sanctioned for ties to RussiaRegularly monitor communications through compliance databases
Blocking of settlements by foreign banksReact promptly to negative information and correct errors
Loss of partners due to reputational risksMaintain transparency and control public communications
Non-compliance with new regulations (e.g. US DSP)Study the impact of new rules and adapt internal processes

International databases, as well as regulatory requirements, are becoming key factors in the success of Kazakhstani companies in global markets. Successful export is impossible without constant monitoring of one’s own business reputation, compliance with new international standards (including RegTech and ESG), as well as competent response to risks and interaction with national and foreign authorities. A systematic approach to compliance is an investment in sustainable development, risk minimization and preservation of business reputation.

 
Andrei Gusev
Senior Partner, Attorney-at-Law

+7 921 938 29 90, +34 695 043 424, +376 692 1714
St. Petersburg, Barcelona, Almaty