AML Circular No. 26: Inclusion of new reporting agencies and predicate offenses in Money Laundering Prevention Act, 2009

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  Anti‐Money Laundering Department
  Bangladesh Bank
  Head Office
  Dhaka.
  Website: www.bangladeshbank.org.bd
  AML Circular No. 26 Date : 30 September, 2010
  Managing Director/Chief Executive
  All scheduled banks, financial institutions, insurance companies, money changers, companies or organizations remitting or transferring money, stock dealer and stock broker, portfolio manager and merchant banks, security custodian, asset manager, non profit organization and non government organization Dear Sir, Inclusion of new reporting organizations and predicate offences in Money Laundering Prevention Act, 2009 With reference to the provision of section 2(l) (vii) of Money Laundering Prevention Act, 2009 and with the approval of the Government the following organizations shall be included as reporting organizations: (1) Stock Dealer and Stock Broker (2) Portfolio Manager and Merchant Bank (3) Security Custodian (4) Asset Manager (5) Non Profit Organization/Institution and (6) Non Government Organization ; and reference to the provision of section 2(q) (17) of the same Act and with the approval of the Government the following offences shall be included as Predicate Offence: (1) Terrorism and Terrorist Financing (2) Counterfeiting and Piracy of Products (3) Environmental Crime (4) Sexual Exploitation (5) Taking market advantage through transactions by using price sensitive information of the capital market before it becomes public and trying to control or manipulate the market to gain personal advantage (Insider trading and market manipulation) (6) Organized Crime. The Gazette Notification of Bangladesh Bank on the above issue (notification no‐AMLD‐01/2010 BB, dated 30 September, 2010) is reprinted on the other side.

2. You are requested to inform the matter to all concerned. Meanwhile please acknowledge
   receipt.

Yours faithfully,
Sd/‐
Enclosure: 01 (one) page.
(M. Mahfuzur Rahman)
General Manager
Tel: 7120659

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  Bangladesh Bank
  Gazette Notification no.‐AMLD‐01/2010 BB
  Dhaka, 30 September, 2010

1. Under the provision of section 2(l) (vii) of Money Laundering Prevention Act, 2009 the
   following organizations shall be included as reporting organizations: (1) Stock Dealer and Stock Broker, (2) Portfolio Manager and Merchant Bank, (3) Security Custodian, (4) Asset Manager, (5) Non Profit Organization/Institution and (6) Non Government Organization. In this regard, (1) Stock Dealer and Stock Broker means the organizations (Stock Dealer, Stock Broker and Authorized Representative) defined under section 2(i) and (j) of Securities and Exchange Commission Regulations‐2000, (2) Portfolio Manager and Merchant Bank means the organizations (Merchant Bank and Portfolio Manager) defined under section 2(f) and (j) of Securities and Exchange Commission Regulations‐1996, (3) Security Custodian means the organizations (Security Custodial Services) defined under section 2 (j) of Securities and Exchange Commission Regulations‐2003, (4) Asset Manager means the organizations (Mutual Fund) defined under section 2 (s) of Securities and Exchange Commission Regulations‐2001, (5) Non Profit Organization/Institution means organizations or institutions licensed or registered under section 28 of the Companies Act(Bangladesh)‐1994. (6) Non Government Organization means organization or institution licensed or registered under Voluntary Social Welfare Agencies (registration and control) Ordinance‐1961, The Co operative Societies Act‐2001, The Societies Registration Act‐1860, the Foreign Donation (Voluntary activities) Regulation Ordinance‐1978, The Foreign Contributions (Regulation) Ordinance, 1982 and Microcredit Regulatory Authority Act‐2006 and
2. Under the provision of section 2(q)(17) of Money Laundering Prevention Act, 2009 the
   following offences shall be included as Predicate Offence (1) Terrorism and Terrorist Financing (2) Counterfeiting and Piracy of Products (3) Environmental Crime (4) Sexual Exploitation (5) Taking market advantage through transactions by using price sensitive information of the capital market before it becomes public and trying to control or manipulate the market to gain personal advantage (Insider trading and market manipulation) (6) Organized Crime. Sd/‐ (Ziaul Hasan Siddiqui) Deputy Governer