BFIU Circular No. 08: Guidelines on Prevention of Money Laundering & Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions

Bangladesh Financial Intelligence Unit
Bangladesh Bank
Head Office
Dhaka.
Website: www.bfiu.gov.bd
BFIU Circular No. 08 / 2013 Date: 14/07/ 1420 Bengali Era 29/10/2013 Gregorian Era

To
All Real Estate Developers, Precious Metal and Stone Business Establishments, Trust and Company Service Providers, Lawyers, Notaries, Other Legal Professionals and Accountants.

Dear Sir,

With reference to the issuance of guidelines on the following matters concerning the implementation of the Anti-Money Laundering Act, 2012 and the Rules of the Anti-Terrorism Act, 2009.

Under Section 2(b)(i, ii, iii, iv) of the Anti-Money Laundering Act, 2012 and Section 20(i, ii, iii, iv) of the Anti-Terrorism Act, 2009, Real Estate Developers, Precious Metal and Stone Business Establishments, Trust and Company Service Providers, Lawyers, Notaries, Other Legal Professionals and Accountants have been included as Reporting Entities.

2.0 According to the decision of the meeting held on 13 March 2013, chaired by the Secretary of Commerce, a Focus Group consisting of 11 members was formed. This Focus Group, in accordance with its functions, considered the scope, nature, operations, legal structure, and relevant international standards of the businesses of Real Estate Developers, Precious Metal and Stone Business Establishments, Trust and Company Service Providers, Lawyers, Notaries, Other Legal Professionals and Accountants, and through them, developed "Guidelines on Prevention of Money Laundering and Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions" to assist in mitigating the risk of money laundering and terrorist financing.

3.0 Now, under the authority granted by Section 23(i) of the Anti-Money Laundering Act, 2012 and Section 15(1)(j) of the Anti-Terrorism Act, 2009, the revised guidelines containing the following instructions to prevent money laundering and terrorist financing activities in the field of Real Estate Developers, Precious Metal and Stone Business Establishments, Trust and Company Service Providers, Lawyers, Notaries, Other Legal Professionals and Accountants are being issued for implementation; which can be downloaded from the website of Bangladesh Bank (www.bb.org.bd/information/guidelines/guidelines.doc). The instructions of the revised guidelines in this circular shall be implemented immediately.

Thanking you,

Yours faithfully,

Attachment: As per text. Signed/-
(Deb Prasad Debnath)
Managing Director
Phone: 9530118

Copy No. - BFIU (Policy) 03/2012-

Date: As mentioned above

Copies are sent to the following for information and necessary action (in order of seniority):

Secretary, Banking and Financial Institutions Division, Ministry of Finance, Bangladesh Secretariat, Dhaka.
Secretary, Ministry of Commerce, Bangladesh Secretariat, Dhaka.
Secretary, Legislative and Parliamentary Affairs Division, Ministry of Law, Bangladesh Secretariat, Dhaka.
Secretary, Ministry of Housing and Public Works, Segunbagicha, Dhaka.
Chairman, Rajdhani Unnayan Kartripakkha, Dilkusha B/1, Dhaka.
Registrar, Registrar of Joint Stock Companies, Dhaka.
Director, Trade Organization, Ministry of Commerce, Bangladesh Secretariat, Dhaka.
President, Bangladesh Bar Council, Bangladesh Supreme Court, Dhaka.
President, ICAB, Karwan Bazar, Dhaka.
President, ICMA, Nilkhet, Dhaka.
President, REHAB, 1/G, National Press, Free School Street, Sonargaon Road, Dhaka.
President, Bangladesh Jewelers' Committee, 3 Baytul Mukarram Market (Third Floor), Dhaka.
Managing Director, Bangladesh Bank, Motijheel,
Dhaka/Chittagong/Rajshahi/Khulna/Bogura/Sylhet/Sadarghat, Dhaka/Barishal/Rangpur/Mymensingh.
Chairman, Bangladesh Association of Bankers, 42, Kamal Ataturk Avenue, Banani, Dhaka.
Chairman, Association of Bankers, Bangladesh, Eastern Commercial Complex, 73, Kakrail, Dhaka.
Chief Controller of Accounts, all Scheduled Banks and all Financial Institutions.
Controller General, Secretary to the Governor's Office, Bangladesh Bank, Head Office, Dhaka.
Private Secretary to the Governor, Bangladesh Bank, Head Office, Dhaka.
Deputy Directors/Assistant Directors attached with the Deputy Governors, Bangladesh Bank, Head Office, Dhaka.
Personal Assistants to the Additional Advisors/Controllers, Bangladesh Bank, Head Office, Dhaka.
Director General, Bangladesh Institute of Bank Management, Mirpur, Dhaka.
Secretary General, The Institute of Bankers Bangladesh, BSRS Building, 10th Floor, Kawran Bazar, Tejgaon, Dhaka.

Signed/-
(Md. Masud Rana)
Assistant Director
Phone: 9530010-75/2467

Guidelines: Guidelines on Prevention of Money Laundering & Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions

(1) These guidelines are issued under Section 24 of the Anti-Money Laundering Act, 2012 (hereinafter referred to as the "AML Act") and Section 25 of the Anti-Terrorism Act, 2009 (hereinafter referred to as the "AT Act"), read with Section 18 of the Bangladesh Bank Order, 1972, to provide guidelines for the prevention of money laundering and combating the financing of terrorism for Designated Non-Financial Businesses and Professions (DNFBPs) as defined in the AML Act and AT Act, and to ensure compliance with the Financial Action Task Force (FATF) Recommendations.

(2) These guidelines are issued under Section 24 of the Anti-Money Laundering Act, 2012 and Section 25 of the Anti-Terrorism Act, 2009, read with Section 18 of the Bangladesh Bank Order, 1972, to provide guidelines for the prevention of money laundering and combating the financing of terrorism for Designated Non-Financial Businesses and Professions (DNFBPs) as defined in the AML Act and AT Act, and to ensure compliance with the Financial Action Task Force (FATF) Recommendations.

(3) These guidelines are issued under Section 24 of the Anti-Money Laundering Act, 2012 and Section 25 of the Anti-Terrorism Act, 2009, read with Section 18 of the Bangladesh Bank Order, 1972, to provide guidelines for the prevention of money laundering and combating the financing of terrorism for Designated Non-Financial Businesses and Professions (DNFBPs) as defined in the AML Act and AT Act, and to ensure compliance with the Financial Action Task Force (FATF) Recommendations.

2.4 Who are the Designated Non-Financial Businesses and Professions?

According to the provisions of the AML Act, 2012 and the AT Act, 2009, the following businesses and professions are designated as Designated Non-Financial Businesses and Professions (DNFBPs) for the purpose of preventing money laundering and combating the financing of terrorism:

Designated Non-Financial Businesses and Professions include real estate agents, dealers in precious metals and stones, lawyers, notaries, independent professionals, football agents, and other businesses and professions as may be notified by the Government from time to time.

The Government may, by notification in the Official Gazette, designate any other business or profession as a Designated Non-Financial Business or Profession if it is found to be susceptible to money laundering or terrorist financing. Such designation may be made based on risk assessment and international obligations.

2.5 Who is a Customer?

Designated Non-Financial Businesses and Professions shall identify and verify the identity of their customers. This includes natural persons, legal persons, and associations of persons. For natural persons, identification documents such as National ID, Passport, Driver's License, Voter ID, etc., shall be used. For legal persons, registration certificates, memoranda and articles of association, etc., shall be used.

In the case of a trust, the settlor, trustee, protector, beneficiary, or any other natural person exercising ultimate effective control over the trust shall be identified. In the case of a partnership, all partners shall be identified. In the case of a company, the directors, shareholders holding more than a certain percentage, and the ultimate beneficial owner shall be identified.

The term "Customer" includes any person who enters into a business relationship with a DNFBP, whether on a one-off basis or on an ongoing basis. It also includes the beneficial owner of the customer.

2.6 Who is the Beneficial Owner?

The Beneficial Owner is the natural person(s) who ultimately owns or controls the customer and/or the natural person on whose behalf a transaction is being conducted. It also includes those persons who exercise ultimate effective control over a legal person or arrangement.

For a company, the beneficial owner is the natural person(s) who ultimately owns or controls the company, directly or indirectly, including through bearer share holdings, or who exercises ultimate effective control over the management of the company. This typically includes individuals holding more than 25% of the shares or voting rights, or those who exercise control through other means.

For a trust, the beneficial owners include the settlor, the trustee(s), the protector (if any), the beneficiary(ies) or class of beneficiaries, and any other natural person exercising ultimate effective control over the trust.

For a partnership, the beneficial owners are the partners.

For other legal persons or arrangements, the beneficial owner is the natural person(s) who ultimately owns or controls the entity, or on whose behalf a transaction is being conducted.

2.7 Who are the Designated Non-Financial Businesses and Professions under the FATF Recommendations?

The FATF Recommendations identify the following Designated Non-Financial Businesses and Professions (DNFBPs):

Real Estate Agents
Dealers in Precious Metals and Stones
Lawyers, Notaries, Independent Professionals, and Other Independent Legal Service Providers
Football Agents

These entities are required to comply with the AML/CFT obligations as prescribed in the AML Act, 2012 and the AT Act, 2009, and these Guidelines.

3.1 Customer Due Diligence (CDD)

Designated Non-Financial Businesses and Professions shall apply Customer Due Diligence (CDD) measures to their customers. This includes identifying and verifying the identity of the customer and the beneficial owner, understanding the nature of the customer's business, and obtaining information on the purpose and intended nature of the business relationship.

CDD measures shall be applied:

When establishing a business relationship;
When carrying out occasional transactions:
- Amounting to BDT 50,000 or more, or equivalent in foreign currency, in a single transaction or in several transactions that appear to be linked;
- Involving wire transfers, regardless of the amount;
When there is a suspicion of money laundering or terrorist financing;
When the DNFBP has doubts about the veracity or adequacy of previously obtained customer identification data.

Simplified Due Diligence (SDD) may be applied in low-risk situations, as determined by the DNFBP based on a risk-based approach. Enhanced Due Diligence (EDD) shall be applied in high-risk situations, such as when the customer is a Politically Exposed Person (PEP), or from a high-risk jurisdiction.

3.2 Identification, Verification, and Ongoing Monitoring of Customers and Beneficial Owners

Designated Non-Financial Businesses and Professions shall identify and verify the identity of their customers and beneficial owners. The following documents/information shall be used for identification and verification:

For Natural Persons:
- National ID Card;
- Passport;
- Driver's License;
- Voter ID Card;
- Any other government-issued photo ID.
For Legal Persons:
- Certificate of Incorporation/Registration;
- Memorandum and Articles of Association;
- Tax Identification Number (TIN) Certificate;
- List of Directors and Shareholders;
- Power of Attorney (if applicable).
For Trusts:
- Trust Deed;
- Details of Settlor, Trustees, Protector, and Beneficiaries;
- Identification documents of the natural persons involved.
For Partnerships:
- Partnership Deed;
- Identification documents of all partners.

Ongoing monitoring of the business relationship shall be conducted to ensure that transactions conducted by the customer are consistent with the DNFBP's knowledge of the customer, their business, and risk profile. This includes keeping customer identification documents and transaction records up to date.

3.2.1 Identification of Beneficial Owners

Designated Non-Financial Businesses and Professions shall take reasonable measures to identify and verify the identity of the beneficial owner(s). This includes:

Identifying the natural person(s) who ultimately own or control the customer;
Understanding the ownership and control structure of the customer;
Obtaining information on the purpose and intended nature of the business relationship;
Verifying the identity of the beneficial owner(s) using reliable, independent source documents, data, or information;
Keeping records of the measures taken to identify and verify the identity of the beneficial owner(s).

3.2.2 Simplified Due Diligence (SDD):

SDD Measure 1: Identification of Customers

Section 24: Identification of Customers

Designated Non-Financial Businesses and Professions shall identify the customer before establishing a business relationship or carrying out an occasional transaction. Identification shall be based on reliable, independent source documents, data, or information.

If the DNFBP has doubts about the veracity or adequacy of the identification data, it shall not establish the business relationship, carry out the transaction, or, if already established, shall terminate the business relationship.

SDD Measure 2: Identification of Beneficial Owners for Designated Non-Financial Businesses and Professions

Section 25 and Section 25: Identification of Beneficial Owners

Designated Non-Financial Businesses and Professions shall identify the beneficial owner(s) and take reasonable measures to verify their identity. This includes obtaining information on the ownership and control structure of the customer.

If the DNFBP has doubts about the veracity or adequacy of the beneficial owner identification data, it shall not establish the business relationship, carry out the transaction, or, if already established, shall terminate the business relationship.

For occasional transactions amounting to BDT 50,000 or more, or equivalent in foreign currency, the DNFBP shall identify and verify the identity of the beneficial owner(s).

5% of the occasional transactions...

19
Circular No. 08: Guidelines on Prevention of Money Laundering and Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions.

This Circular is issued under Section 18(1) of the Money Laundering Prevention Act, 2012, and Section 18(1) of the Money Laundering Prevention Rules, 2013, by the Bangladesh Financial Intelligence Unit (BFIU).

In accordance with the provisions of the Money Laundering Prevention Act, 2012, and the Money Laundering Prevention Rules, 2013, the BFIU has issued these guidelines for Designated Non-Financial Businesses and Professions (DNFBPs) to prevent money laundering and terrorist financing.

Accordingly, the BFIU has issued these guidelines to ensure that DNFBPs implement effective systems and procedures to prevent money laundering and terrorist financing, in line with international standards and national laws.

Chapter 3: Customer Due Diligence and Record Keeping for DNFBPs

3.1 Customer Due Diligence

Section 1: Definition of Customer Due Diligence

Customer Due Diligence (CDD) refers to the process of identifying the customer and verifying their identity using reliable, independent source documents, data, or information. It also includes understanding the nature of the customer's business and assessing the money laundering and terrorist financing risks associated with the customer relationship.

Section 2: Simplified Due Diligence

In cases where the risk of money laundering or terrorist financing is low, DNFBPs may apply Simplified Due Diligence (SDD). However, DNFBPs must ensure that they can verify the identity of the customer and that the transaction does not involve high-risk jurisdictions or customers.

Section 3: Enhanced Due Diligence

In cases where the risk of money laundering or terrorist financing is high, DNFBPs must apply Enhanced Due Diligence (EDD). This includes obtaining additional information about the customer, the purpose of the business relationship, and the source of funds. DNFBPs must also obtain senior management approval for establishing or continuing the business relationship.

3.2 Identification and Verification of Customers

DNFBPs must identify and verify the identity of their customers before establishing a business relationship or carrying out an occasional transaction. The identification and verification process must be completed before the transaction is executed.

3.3 Customer Due Diligence Measures

DNFBPs must apply Customer Due Diligence (CDD) measures in the following situations:

(a) When establishing a business relationship; (b) When carrying out occasional transactions amounting to 100,000 BDT or more, either in a single transaction or in several transactions that appear to be linked; (c) When there is a suspicion of money laundering or terrorist financing, regardless of any derogatory thresholds or exemptions; (d) When there are doubts about the veracity or adequacy of previously obtained customer identification data.

3.3.1 Customer Due Diligence for Legal Persons and Arrangements

When dealing with legal persons and arrangements, DNFBPs must:

(a) Obtain information on the name, legal form, proof of registration, powers to bind the entity, and the names and details of the beneficial owners; (b) Verify the identity of the beneficial owners by taking reasonable measures to verify their identity, using reliable, independent source documents, data, or information; (c) Understand the ownership and control structure of the customer.

3.3.2 Customer Due Diligence for Legal Arrangements (Trusts)

When dealing with trusts, DNFBPs must:

(a) Obtain information on the settlor, trustee, protector, beneficiary, or any other natural person exercising ultimate effective control over the trust; (b) Verify the identity of the aforementioned persons using reliable, independent source documents, data, or information; (c) Obtain information on the purpose and intended nature of the trust; (d) Obtain information on the source of funds held in the trust account.

3.3.3 Customer Due Diligence for Foundations

When dealing with foundations, DNFBPs must:

(a) Obtain information on the founder, protector, board of directors, members of the supervisory body, beneficiaries, or any other natural person exercising ultimate effective control over the foundation; (b) Verify the identity of the aforementioned persons using reliable, independent source documents, data, or information; (c) Obtain information on the source of funds held in the foundation account.

3.4 Record Keeping

Section 1: Record Keeping of Customer Due Diligence Information

DNFBPs must keep records of all necessary information, documents, data, or results obtained through CDD for at least five years after the business relationship has ended or after the occasional transaction has been completed.

Section 2: Record Keeping of Transaction Records

DNFBPs must keep records of all transaction records, including the original or copies of documents, data, or results obtained through CDD, for at least five years after the transaction has been completed.

Section 3: Record Keeping of Suspicious Transaction Reports

DNFBPs must keep records of all Suspicious Transaction Reports (STRs) and related documents for at least five years after the report has been submitted to the BFIU.

Section 4: Record Keeping for High-Risk Customers

For high-risk customers, DNFBPs must keep records of all CDD information and transaction records for at least five years after the business relationship has ended. Additionally, DNFBPs must apply enhanced monitoring to the business relationship.

3.5 Occasional Transactions

An occasional transaction is a transaction carried out on a one-off basis, which is not part of a business relationship, and includes:

(a) Foreign exchange dealing;
(b) Trading in precious metals and stones;
(c) Real estate activities;
(d) Professional activities of lawyers, notaries, and other independent legal professionals; (e) Accounting services provided by accountants, tax advisors, and auditors.

3.5.1 Customer Due Diligence for Occasional Transactions

DNFBPs must apply CDD measures for occasional transactions in the following cases:

(a) When the transaction is carried out in cash and amounts to 100,000 BDT or more, whether in a single transaction or in several transactions that appear to be linked; (b) When there is a suspicion of money laundering or terrorist financing; (c) When there are doubts about the veracity or adequacy of previously obtained customer identification data.

3.5.2 Record Keeping for Occasional Transactions

Section 1: Record Keeping of CDD Information for Occasional Transactions

DNFBPs must keep records of all CDD information for occasional transactions for at least five years after the transaction has been completed.

Section 2: Record Keeping of Transaction Records for Occasional Transactions

DNFBPs must keep records of all transaction records for occasional transactions for at least five years after the transaction has been completed.

Section 3: Record Keeping of Suspicious Transaction Reports for Occasional Transactions

DNFBPs must keep records of all STRs and related documents for occasional transactions for at least five years after the report has been submitted to the BFIU.

Section 4: Record Keeping for High-Risk Occasional Transactions

For high-risk occasional transactions, DNFBPs must keep records of all CDD information and transaction records for at least five years after the transaction has been completed. Additionally, DNFBPs must apply enhanced monitoring to the transaction.

Chapter 4: Reporting Obligations of DNFBPs

4.1 Reporting

DNFBPs must report any suspicious transaction or activity to the BFIU without delay. The reporting obligation applies to all DNFBPs, including those engaged in real estate, precious metals and stones, lawyers, notaries, and independent legal professionals.

4.2 Reporting of Suspicious Transactions by DNFBPs

DNFBPs must report any transaction that they suspect or have reasonable grounds to suspect is related to money laundering or terrorist financing. The report must be made to the BFIU using the prescribed format.

4.3 Internal Reporting

DNFBPs must establish internal reporting procedures to ensure that employees report suspicious transactions or activities to the Compliance Officer. The Compliance Officer must then assess the report and, if necessary, submit an STR to the BFIU.

4.4 Reporting to the BFIU

DNFBPs must submit STRs to the BFIU electronically through the designated platform. The report must include all relevant information, including the identity of the customer, the nature of the transaction, and the reasons for suspicion.

4.5 Protection of Reporters

DNFBPs must ensure that employees who report suspicious transactions or activities in good faith are protected from any adverse consequences. DNFBPs must also ensure that the identity of the reporter is kept confidential.

4.6 Cooperation with Authorities

DNFBPs must cooperate with law enforcement agencies and the BFIU in investigations related to money laundering and terrorist financing. DNFBPs must provide all necessary information and documents upon request.

4.7 Training and Awareness

DNFBPs must provide regular training to their employees on money laundering and terrorist financing risks and reporting obligations. DNFBPs must also ensure that employees are aware of the internal reporting procedures and the importance of reporting suspicious transactions.

4.8 Supervision and Enforcement

The BFIU has the authority to supervise DNFBPs and enforce compliance with these guidelines. DNFBPs must submit to inspections and provide all necessary information and documents upon request. Failure to comply with these guidelines may result in administrative sanctions, including fines and suspension of business activities.

4.9 Amendments

The BFIU may amend these guidelines from time to time to reflect changes in national laws, international standards, or emerging risks. DNFBPs must comply with any amendments to these guidelines.

4.10 Effective Date

These guidelines shall come into force on the date of issuance. DNFBPs must implement the measures outlined in these guidelines within 90 days of the issuance of this Circular.

4.11 Interpretation

In case of any ambiguity in the interpretation of these guidelines, the BFIU's interpretation shall prevail. DNFBPs may seek clarification from the BFIU if they have any doubts regarding the application of these guidelines.

4.12 Contact Information

For any queries or clarifications regarding these guidelines, DNFBPs may contact the BFIU at the following address:

Bangladesh Financial Intelligence Unit (BFIU)
Department of Financial Regulation
Bangladesh Bank
Motijheel, Dhaka-1000
Bangladesh

Phone: +880-2-9359000
Fax: +880-2-9359001
Email: info@bfiu.gov.bd
Website: www.bfiu.gov.bd

4.13 Annexures

Annexure 1: Format for Suspicious Transaction Report (STR) Annexure 2: List of High-Risk Countries and Territories Annexure 3: Guidelines for Beneficial Ownership Identification Annexure 4: Template for Internal Reporting Policy Annexure 5: Checklist for Customer Due Diligence

4.14 Conclusion

The BFIU expects all DNFBPs to strictly adhere to these guidelines to ensure a robust framework for the prevention of money laundering and terrorist financing in Bangladesh. DNFBPs are encouraged to adopt a risk-based approach and implement effective measures to mitigate the risks associated with their business activities.

4.15 Review

These guidelines will be reviewed periodically to ensure their continued relevance and effectiveness. DNFBPs are invited to provide feedback on the implementation of these guidelines to the BFIU.

4.16 Acknowledgement

The BFIU acknowledges the cooperation and support of all DNFBPs in the fight against money laundering and terrorist financing. The BFIU remains committed to working with all stakeholders to ensure a safe and secure financial system in Bangladesh.

4.17 Sign-off

Issued by:

[Signature]

Director General
Bangladesh Financial Intelligence Unit (BFIU)

Date: [Date of Issuance]

Seal of the Bangladesh Financial Intelligence Unit (BFIU)

33
4. Guidelines on Prevention of Money Laundering and Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions
4.1 Guidelines on Prevention of Money Laundering and Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions
4.1.1 Guidelines on Prevention of Money Laundering and Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions

The Bangladesh Financial Intelligence Unit (BFIU) has issued these guidelines for Designated Non-Financial Businesses and Professions (DNFBPs) to prevent money laundering and terrorist financing. These guidelines are based on the risk-based approach and international standards. DNFBPs must implement appropriate measures to mitigate money laundering and terrorist financing risks. The guidelines cover customer due diligence, record-keeping, reporting of suspicious transactions, internal controls, staff training, and other compliance requirements.

DNFBPs must establish policies and procedures to prevent money laundering and terrorist financing. These policies must be approved by the board of directors or senior management. DNFBPs must identify and assess the money laundering and terrorist financing risks associated with their business activities, customers, products, services, and delivery channels. Based on this risk assessment, DNFBPs must implement appropriate controls to mitigate these risks.

DNFBPs must appoint a Compliance Officer responsible for implementing AML/CFT measures. The Compliance Officer must be independent and have sufficient authority and resources. DNFBPs must provide regular training to their staff on AML/CFT issues. Staff must be aware of their obligations under the law and the guidelines.

DNFBPs must maintain adequate records of transactions and customer identification data. Records must be kept for at least five years from the date of the transaction or the end of the business relationship. DNFBPs must report suspicious transactions to the BFIU. Reports must be made promptly upon suspicion or knowledge of suspicious activities.

DNFBPs must cooperate with law enforcement agencies and regulatory authorities. They must provide information and assistance as required by law. DNFBPs must also implement internal audit functions to ensure compliance with AML/CFT requirements.

4.1.2 Risk-Based Approach

DNFBPs must adopt a risk-based approach to AML/CFT. This means that the measures taken should be proportionate to the level of risk identified. DNFBPs must identify, assess, and understand the money laundering and terrorist financing risks they face. Based on this assessment, they must implement appropriate controls to mitigate these risks. DNFBPs must also consider the risks associated with their customers, products, services, and delivery channels.

DNFBPs must apply enhanced due diligence measures for high-risk customers and transactions. This may include obtaining additional information about the customer, the source of funds, and the purpose of the transaction. DNFBPs must also monitor high-risk relationships more closely.

DNFBPs must apply simplified due diligence measures for low-risk customers and transactions. This may include obtaining less information about the customer or conducting less frequent monitoring. However, DNFBPs must ensure that simplified measures are appropriate and do not compromise AML/CFT standards.

4.1.3 Key Questions for Risk Assessment

DNFBPs should consider the following questions when assessing their money laundering and terrorist financing risks:

a) What are the money laundering and terrorist financing risks associated with the DNFBP's business activities? b) Who are the DNFBP's customers and what are their risk profiles? c) What are the products and services offered by the DNFBP and what are their associated risks? d) What are the delivery channels used by the DNFBP and what are their associated risks? e) What are the geographic locations where the DNFBP operates and what are the associated risks?

4.2 Implementation of AML/CFT Measures

DNFBPs must implement appropriate AML/CFT measures to mitigate the risks identified. These measures must be documented and approved by senior management. DNFBPs must also ensure that their AML/CFT measures are effective and up-to-date.

DNFBPs must implement customer due diligence (CDD) measures. This includes identifying and verifying the identity of customers, understanding the nature of the customer's business, and identifying the beneficial owners of the customer. DNFBPs must also monitor customer transactions and update customer information as necessary.

DNFBPs must implement enhanced due diligence (EDD) measures for high-risk customers. This includes obtaining additional information about the customer, the source of funds, and the purpose of the transaction. DNFBPs must also conduct more frequent monitoring of high-risk relationships.

DNFBPs must implement simplified due diligence (SDD) measures for low-risk customers. This may include obtaining less information about the customer or conducting less frequent monitoring. However, DNFBPs must ensure that simplified measures are appropriate and do not compromise AML/CFT standards.

DNFBPs must implement record-keeping measures. This includes maintaining records of customer identification data, transaction records, and other relevant information. Records must be kept for at least five years from the date of the transaction or the end of the business relationship.

DNFBPs must implement reporting measures. This includes reporting suspicious transactions to the BFIU. Reports must be made promptly upon suspicion or knowledge of suspicious activities. DNFBPs must also report other information as required by law.

DNFBPs must implement internal control measures. This includes establishing policies and procedures, appointing a Compliance Officer, providing staff training, and conducting internal audits. DNFBPs must also ensure that their internal controls are effective and up-to-date.

DNFBPs must implement cooperation measures. This includes cooperating with law enforcement agencies and regulatory authorities. DNFBPs must provide information and assistance as required by law.

4.2.1 Customer Due Diligence (CDD)

DNFBPs must perform customer due diligence (CDD) measures before establishing a business relationship or conducting occasional transactions. CDD measures include:

a) Identifying the customer and verifying the customer's identity using reliable, independent source documents, data, or information. b) Identifying the beneficial owner(s) of the customer and taking reasonable measures to verify the identity of the beneficial owner(s) such that the DNFBP is satisfied that it knows who the beneficial owner(s) is/are. c) Understanding the nature and purpose of the intended business relationship. d) Conducting ongoing due diligence on the business relationship and scrutinizing transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the DNFBP's knowledge of the customer, their business, and risk profile.

DNFBPs must apply CDD measures in the following situations:

a) When establishing a business relationship. b) When conducting occasional transactions amounting to BDT 100,000 or more, or equivalent amount in foreign currency. c) When there is a suspicion of money laundering or terrorist financing. d) When the DNFBP has doubts about the veracity of information previously obtained regarding the customer's identity.

DNFBPs must apply enhanced due diligence (EDD) measures in the following situations:

a) When the customer is a Politically Exposed Person (PEP). b) When the customer is from a high-risk jurisdiction. c) When the transaction is complex, unusually large, or unusual in its pattern. d) When there is a suspicion of money laundering or terrorist financing.

DNFBPs must apply simplified due diligence (SDD) measures in the following situations:

a) When the customer is a low-risk entity. b) When the transaction is low-risk. c) When the DNFBP is satisfied that the risk of money laundering or terrorist financing is low.

4.2.2 Beneficial Ownership

DNFBPs must identify and verify the identity of the beneficial owner(s) of the customer. The beneficial owner is the natural person(s) who ultimately owns or controls the customer and/or the natural person on whose behalf a transaction is being conducted. DNFBPs must take reasonable measures to verify the identity of the beneficial owner(s) such that the DNFBP is satisfied that it knows who the beneficial owner(s) is/are.

DNFBPs must maintain a register of beneficial owners. The register must contain the name, date of birth, nationality, address, and nature of the beneficial interest of each beneficial owner. The register must be kept up-to-date and available for inspection by regulatory authorities.

4.2.3 Record Keeping

DNFBPs must keep records of customer identification data and transaction records for at least five years from the date of the transaction or the end of the business relationship. Records must be kept in a manner that allows for the reconstruction of individual transactions. DNFBPs must also keep records of other information as required by law.

DNFBPs must ensure that records are secure and protected from unauthorized access. DNFBPs must also ensure that records are available for inspection by regulatory authorities and law enforcement agencies.

4.2.4 Reporting of Suspicious Transactions

DNFBPs must report suspicious transactions to the BFIU. Reports must be made promptly upon suspicion or knowledge of suspicious activities. DNFBPs must also report other information as required by law.

DNFBPs must not disclose to the customer or any other person that a report has been made or that an investigation is being conducted. DNFBPs must also not tip off the customer or any other person.

DNFBPs must use the prescribed form for reporting suspicious transactions. The form must contain all the required information. DNFBPs must also provide any additional information as requested by the BFIU.

4.2.5 Internal Controls

DNFBPs must establish internal controls to ensure compliance with AML/CFT requirements. Internal controls include:

a) Policies and procedures for AML/CFT. b) Appointment of a Compliance Officer. c) Staff training on AML/CFT. d) Internal audit functions. e) Independent testing of AML/CFT controls.

DNFBPs must ensure that their internal controls are effective and up-to-date. DNFBPs must also review their internal controls regularly.

4.2.6 Staff Training

DNFBPs must provide regular training to their staff on AML/CFT issues. Staff must be aware of their obligations under the law and the guidelines. Staff must also be trained on how to identify and report suspicious transactions.

DNFBPs must ensure that training is appropriate for the role and responsibilities of each staff member. DNFBPs must also ensure that training is updated regularly.

4.2.7 Cooperation with Law Enforcement Agencies

DNFBPs must cooperate with law enforcement agencies and regulatory authorities. DNFBPs must provide information and assistance as required by law. DNFBPs must also not disclose to the customer or any other person that a report has been made or that an investigation is being conducted.

DNFBPs must also cooperate with international law enforcement agencies and regulatory authorities. DNFBPs must provide information and assistance as required by international agreements.

4.2.8 Risk Assessment

DNFBPs must conduct a risk assessment to identify and assess the money laundering and terrorist financing risks they face. The risk assessment must cover all aspects of the DNFBP's business, including customers, products, services, and delivery channels. The risk assessment must be updated regularly.

DNFBPs must use the risk assessment to determine the appropriate AML/CFT measures to implement. DNFBPs must also use the risk assessment to monitor and review their AML/CFT measures.

4.2.9 Compliance Officer

a) Developing and implementing AML/CFT policies and procedures. b) Providing training to staff on AML/CFT. c) Monitoring compliance with AML/CFT requirements. d) Reporting suspicious transactions to the BFIU. e) Cooperating with law enforcement agencies and regulatory authorities.

The Compliance Officer must report directly to senior management. The Compliance Officer must also have access to all relevant information.

4.2.10 Annual Compliance Report

DNFBPs must submit an Annual Compliance Report to the BFIU. The report must contain information on the DNFBP's AML/CFT compliance, including the risk assessment, policies and procedures, training, and reporting. The report must be submitted within three months of the end of the financial year.

DNFBPs must ensure that the Annual Compliance Report is accurate and complete. DNFBPs must also ensure that the report is submitted on time.

4.3 Designated Non-Financial Businesses and Professions (DNFBPs)

The following are designated as DNFBPs under the Money Laundering Prevention Act, 2012:

a) Real Estate Developers b) Dealers in Precious Metals and Stones c) Trust and Company Service Providers d) Lawyers, Notaries, Other Independent Legal Professionals and Accountants

4.3.1 Real Estate Developers

Real Estate Developers must implement AML/CFT measures. This includes customer due diligence, record-keeping, and reporting of suspicious transactions. Real Estate Developers must also appoint a Compliance Officer and provide staff training.

Real Estate Developers must apply CDD measures when selling or buying real estate. Real Estate Developers must also apply CDD measures when acting as an agent in real estate transactions.

Real Estate Developers must apply EDD measures for high-risk customers and transactions. Real Estate Developers must also apply SDD measures for low-risk customers and transactions.

4.3.2 Dealers in Precious Metals and Stones

Dealers in Precious Metals and Stones must implement AML/CFT measures. This includes customer due diligence, record-keeping, and reporting of suspicious transactions. Dealers in Precious Metals and Stones must also appoint a Compliance Officer and provide staff training.

Dealers in Precious Metals and Stones must apply CDD measures when selling or buying precious metals and stones. Dealers in Precious Metals and Stones must also apply CDD measures when acting as an agent in transactions involving precious metals and stones.

Dealers in Precious Metals and Stones must apply EDD measures for high-risk customers and transactions. Dealers in Precious Metals and Stones must also apply SDD measures for low-risk customers and transactions.

4.3.3 Trust and Company Service Providers

Trust and Company Service Providers must implement AML/CFT measures. This includes customer due diligence, record-keeping, and reporting of suspicious transactions. Trust and Company Service Providers must also appoint a Compliance Officer and provide staff training.

Trust and Company Service Providers must apply CDD measures when providing services to clients. Trust and Company Service Providers must also apply CDD measures when acting as an agent for clients.

Trust and Company Service Providers must apply EDD measures for high-risk customers and transactions. Trust and Company Service Providers must also apply SDD measures for low-risk customers and transactions.

4.3.4 Lawyers, Notaries, Other Independent Legal Professionals and Accountants

Lawyers, Notaries, Other Independent Legal Professionals and Accountants must implement AML/CFT measures. This includes customer due diligence, record-keeping, and reporting of suspicious transactions. Lawyers, Notaries, Other Independent Legal Professionals and Accountants must also appoint a Compliance Officer and provide staff training.

Lawyers, Notaries, Other Independent Legal Professionals and Accountants must apply CDD measures when providing services to clients. Lawyers, Notaries, Other Independent Legal Professionals and Accountants must also apply CDD measures when acting as an agent for clients.

Lawyers, Notaries, Other Independent Legal Professionals and Accountants must apply EDD measures for high-risk customers and transactions. Lawyers, Notaries, Other Independent Legal Professionals and Accountants must also apply SDD measures for low-risk customers and transactions.

4.4 Reporting of Suspicious Transactions

DNFBPs must not disclose to the customer or any other person that a report has been made or that an investigation is being conducted. DNFBPs must also not tip off the customer or any other person.

4.5 Cooperation with Law Enforcement Agencies

DNFBPs must also cooperate with international law enforcement agencies and regulatory authorities. DNFBPs must provide information and assistance as required by international agreements.

4.6 Risk Assessment

DNFBPs must use the risk assessment to determine the appropriate AML/CFT measures to implement. DNFBPs must also use the risk assessment to monitor and review their AML/CFT measures.

4.7 Compliance Officer

The Compliance Officer must report directly to senior management. The Compliance Officer must also have access to all relevant information.

4.8 Annual Compliance Report

DNFBPs must ensure that the Annual Compliance Report is accurate and complete. DNFBPs must also ensure that the report is submitted on time.

4.9 Penalties

DNFBPs that fail to comply with AML/CFT requirements may be subject to penalties. Penalties may include fines, imprisonment, or other sanctions. DNFBPs must ensure that they comply with AML/CFT requirements to avoid penalties.

DNFBPs must also ensure that their staff comply with AML/CFT requirements. DNFBPs must provide training to staff on AML/CFT requirements. DNFBPs must also monitor staff compliance with AML/CFT requirements.

Annexure - 1
Suspicious Transaction Report (STR)
(For DNFBPs)

A. Information about the Reporting Entity:

Name of the Reporting Entity:
Name of the Contact Person (with designation):

B. Details of the Suspicious Transaction:

Date of the Suspicious Transaction:
Amount of the Suspicious Transaction? (In BDT)
If multiple transactions, total amount of the Suspicious Transaction

C. Description of the Suspicious Activity:

Name of the Customer:
Type of Customer:
Details of the Suspicious Transaction:
Date of the Suspicious Transaction:
Amount:
Description of the Suspicious Activity (with details):
Reason for Suspicion:
Details of the Beneficiary:
Name of the Beneficiary:
Address of the Beneficiary:
Date of Birth:
Type of Customer: Individual/Corporate.
Nationality of the Beneficiary (with details):
TIN (with details):

D. Information about the Customer(s) / Beneficiary(ies) (if known) (Provide details of the customer and beneficiary in the space below) (Attach additional pages if necessary)

E. Details of the Suspicious Transaction
F. Name of the Customer
G. Nationality of the Customer
H. Address of the Customer
I. Date of Birth of the Customer
J. Occupation of the Customer
K. Source of Funds
L. Purpose of the Transaction

Annexure - 2
Registration No. D A - 1
Bangladesh Gazette
Extraordinary Issue
Published by Authority

Monday, February 20, 2012 ------------------------------------- Parliament of Bangladesh Date, February 20, 2012/08 Falgun, 1418 The following Act, which has been passed by Parliament and received the assent of the President on February 20, 2012 (08 Falgun, 1418), is hereby published for general information:- Act No. 5 of 2012 An Act to re-enact the law relating to the prevention of money laundering with the objective of repealing the existing laws and ordinances relating to the prevention of money laundering

Whereas it is expedient and necessary to re-enact the law relating to the prevention of money laundering with the objective of providing for the prevention of money laundering and other related offences, prescribing punishments therefor, and providing for matters connected therewith or incidental thereto by repealing the existing laws and ordinances relating to the prevention of money laundering;

It is hereby enacted as follows:-

Short Title and Commencement. ---
(1) This Act shall be called the Money Laundering Prevention Act, 2012.
(2) This Act shall be deemed to have come into force on January 16, 2012/3 Magh, 1418 Bangabda.
Definitions. --- Unless the context otherwise requires, in this Act, ---
(k) "Movement of Assets or Property" means -
(1) Sending or retaining assets or property outside the country in violation of the law in force in the country; or (2) Refraining from bringing into Bangladesh assets or property in respect of which Bangladesh has an interest which was inadmissible in Bangladesh; or

Money Laundering Prevention Act, 2012
(3) Not bringing into the country actual dues from abroad or paying in excess of actual debts abroad; (kh) "Asset Value Transferor" means a financial service where the service provider receives cash, cheques, other financial instruments (electronic or otherwise) at one place and provides an equivalent value in cash, financial instruments or any other manner to the beneficiary at another place; (g) "Proceeds of Crime" means property derived from or obtained, directly or indirectly, through criminal activity; or property constituting a type of property under the control or possession of any person; (gh) "Attachment" means bringing any property under the control of the competent authority or court under this Act on a temporary basis, which shall be determined by the final decision of the court for confiscation; (ng) "Non-profit Organization/Institution (Goh-chotbhoro Ngotmohoronthon)" means any institution that has obtained a certificate under Section 28 of the Companies Act, 1994 (Act No. 18 of 1994); (ch) "Financial Instrument" means all documents or electronic records having financial value; (chh) "Financial Institution" means financial institution as defined in Section 2(k) of the Financial Institutions Act, 1993 (Act No. 27 of 1993); (j) "Court" means the Court of a Special Judge; (jh) "Seizure" means bringing any property under the control of the competent authority or court under this Act on a temporary basis, which shall be determined by the final decision of the court; (jng) "Customer" means any person or group of persons or entity or entities as defined from time to time by Bangladesh Bank; (to) "Trust and Company Service Provider" means any person or business establishment that is not defined under any other law and that provides any of the following services to any third party:
(1) Acting as an agent for the establishment of any legal entity; (2) Acting as a director, secretary of any legal entity or employing any other person or acting as a partner in a partnership business or performing any other similar duty; (3) Acting as a registered agent of any legal entity; (4) Acting as a trustee of any express trust or employing any other person; (5) Acting as a director in place of a nominee shareholder or any other person or employing any other person; (th) "Investigative Agency" means the Anti-Corruption Commission constituted under the Anti-Corruption Commission Act, 2004 (Act No. 5 of 2004); and any officer of the Commission authorized for investigation or any other investigative agency under any other law shall be included herein; (do) "Cash" means any metallic coin and paper currency recognized by the appropriate country as the legal tender of that country, and shall include traveler's cheques, postal notes, money orders, cheques, bank drafts, bearer bonds, letters of credit, bills of exchange, credit cards, debit cards or promissory notes;

Money Laundering Prevention Act, 2012
(dho) "Disposal" means sale of perishable, deteriorating or time-bound unusable property or destruction of property suitable for destruction under any other law or transfer and inclusion through legal public auction; (no) "Confiscation" means permanent acquisition of the rights of any property in favor of the State through an order of any court under Section 17; (to) "Bangladesh Bank" means Bangladesh Bank established by Bangladesh Bank Act, 1972 (Ch.A.Gho.127 of 1972); (tho) "Insurer" means insurer as defined in Section 2(25) of the Insurance Act, 2010 (Act No. 13 of 2010); (do) "Non-Governmental Development Organization (Goh-Adabotohsongothon)" means societies registered under the Societies Registration Act, 1860 (Societies Gho.Dho.O of 1860) under the relevant provisions of the Societies Registration Act, 1961 (Societies Gho. Dkhtho of 1961, Amendment Societies Registration Act, 1974 (Societies Gho. Dkhtho of 1978), Amendment Non-Governmental Organizations Registration Act, 1982 (Societies Gho. Ddho of 1982) and Microcredit Regulatory Authority Act, 2006 (Act No. 32 of 2006) which - (1) Receive funds (loans, grants, deposits) from local sources or provide to others; and/or (2) Receive any kind of foreign aid, loan or grant; (dho) "Foreign Currency" means foreign currency as defined in Section 2(f) of the Foreign Exchange Regulation Act, 1947 (Act Gho. Thoo of 1947); (no) "Bank" means banking company as defined in Section 5(n) of the Bank Company Act, 1991 (Act No. 14 of 1991) and any other institution established as a bank under any other law shall be included herein; (po) "Money Changer" means any person or institution authorized by Bangladesh Bank under Section 3 of the Foreign Exchange Regulation Act, 1947 (Act Gho. Thoo of 1947) to deal in foreign currency; (pho) "Money Laundering" means - (1) Knowingly transferring or converting property connected with an offence for the purpose of - (a) Concealing or disguising the illegal nature, source, location, disposition, movement, ownership or control of the proceeds of crime; or (b) Assisting any person involved in the commission of the predicate offence to evade legal action; (2) Concealing or disguising the true nature, source, location, disposition, movement, ownership or control of assets or property acquired by illegal or legal means; (3) Acquiring, possessing or using property knowing that it is proceeds of crime for the purpose of concealing or disguising its illegal source; (4) Conducting or attempting to conduct any financial transaction in such a manner that it would not be reportable under this Act; (5) Converting or transferring property with the intention of inciting or assisting the commission of the predicate offence; (6) Receiving, taking into possession or enjoying property knowing that it is proceeds of crime from the predicate offence; (7) Doing any act which conceals or disguises the illegal source of proceeds of crime; (8) Participating in, associating with, conspiring to
commit, attempting to commit, aiding, abetting, instigating or counseling the commission of any of the offences mentioned above; (b) "Reporting Entity" means - (1) Bank, (2) Financial Institution; (3) Insurer; (4) Money Changer; (5) Any company or institution dealing in assets or asset value transferors; (6) Any other institution operating business with the permission of Bangladesh Bank; (7) (1) Stock Dealer and Stock Broker, (2) Portfolio Manager and Merchant Banker, (3) Security Custodian, (4) Asset Manager, (8) (1) Non-profit Organization/Institution (Goh Chotbhoro Ngotmohoronthon); (2) Non-Governmental Development Organization (Goh Adabotohsongothon); (3) Cooperative Society; (9) Real Estate Developer; (10) Precious Metal or Stone Business Establishment; (11) Trust and Company Service Provider; (12) Lawyer, Notary, Other Independent Legal Professionals and Accountant; (13) Any other institution declared from time to time by Bangladesh Bank by notification with the approval of the Government; (bh) "Real Estate Developer" means any real estate developer or their officer or employee or agent as defined in Section 2(25) of the Real Estate Development and Management Act, 2010 (Act No. 48 of 2010) who is involved in the construction and purchase-sale of land, house, commercial building, flats, etc.; (m) "Entity" means any organization formed by one or more persons, including any legal institution, statutory body, commercial or non-commercial establishment, partnership firm, cooperative society; (y) "Suspicious Transaction" means such transaction -

Prevention of Money Laundering Act, 2012

(1) which is different from the nature of normal transactions; (2) regarding which there is a suspicion that, (a) it involves proceeds of crime, (b) it is financing any terrorist act, any terrorist organization or any terrorist; (3) any other transaction or attempt to transact which is declared from time to time by the Bangladesh Bank for the purpose of this Act; (r) "Cooperative Society" means any institution defined in Section 2(20) of the Cooperative Societies Act, 2001 (Act No. 47 of 2001) engaged in accepting deposits or granting loans; (l) "Property" means located within or outside the country:
(a) any property of any nature, visible, invisible, movable or immovable; or (b) cash, electronic or digital or any other type of document or instrument indicating ownership or interest in any property; (sh) "Related Offense (Related Offense)" means the offenses listed below, involving the laundering or attempt to launder any money or property, whether committed within or outside the country, namely:
(1) Corruption and bribery;
(2) Counterfeiting currency;
(3) Forgery of documents;
(4) Extortion;
(5) Fraud;
(6) Cheating;
(7) Illegal trade in arms;
(8) Illegal trade in drugs and narcotics;
(9) Smuggling and illegal trade in other goods; (10) Abduction, illegal detention and hostage taking; (11) Murder, grievous bodily harm; (12) Trafficking of women and children; (13) Smuggling (14) Smuggling of domestic and foreign currency; (15) Theft, robbery, dacoity, piracy or air piracy; (16) Human trafficking (17) Dowry; (18) Smuggling and customs-related offenses; (19) Tax-related offenses; (20) Intellectual property infringement; (21) Terrorism and terrorist acts or support; (22) Production of counterfeit or infringing goods; (23) Environmental offenses; (24) Sexual harassment (Sexual Harassment);

Prevention of Money Laundering Act, 2012
(25) Using material non-public information regarding capital markets before its publication to gain market advantage or manipulate the market for personal or institutional benefit (Insider Trading); (26) Organized crime (Organized Crime) or participation in organized crime groups; (27) Extortion by intimidation; and (28) Any other related offense declared by notification in the Gazette with the approval of the Government by the Bangladesh Bank for the purpose of this Act; (Sh) "Special Judge" means a Special Judge (Additional) appointed under Section 3 of the Nari Shishu Nirjatan Daman Ain (Special Tribunal) Act, 1995 (Act No. 1 of 1995). (S) (1) "Stock Dealer and Stock Broker" means institutions defined in Rule 2 (b) and Rule 2 (c) respectively of the Securities and Exchange Commission (Stock Dealer, Stock Broker and Authorized Representative) Rules, 2000; (2) "Portfolio Manager and Merchant Banker" means institutions defined in Rule 2 (d) and Rule 2 (c) respectively of the Securities and Exchange Commission (Merchant Banker and Portfolio Manager) Rules, 1996; (3) "Security Custodian" means institutions defined in Rule 2 (c) of the Securities and Exchange Commission (Security Custodial Services) Rules, 2003; (4) "Asset Manager" means institutions defined in Rule 2 (e) of the Securities and Exchange Commission (Mutual Fund) Rules, 2001; (h) "High Court Division" means the High Court Division of the Supreme Court of Bangladesh.

Supremacy of the Act.- Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall have effect subject to the provisions of Section 9 of this Act.
Offense and Penalty of Money Laundering.- (1) For the purpose of this Act, money laundering shall be considered an offense.
(2) If any person commits the offense of money laundering or attempts, aids, or abets the commission of the offense of money laundering, he shall be punishable with rigorous imprisonment for a term which shall not be less than four (4) years but which may extend to twelve (12) years, and shall also be liable to a fine which may extend to twice the value of the property involved in the offense or ten (10) lakh Taka, whichever is higher. (3) The Court may, in addition to any fine or imprisonment imposed on a person, order the confiscation of his property in favor of the State which is directly or indirectly involved in or related to money laundering or any related offense. (4) If any entity commits the offense of money laundering under this Section, a fine of not less than twice the value of the property involved or twenty (20) lakh Taka, whichever is higher, may be imposed, and the registration of the said institution shall be liable to be cancelled. (5) The accused or convicted person for money laundering due to related offenses shall not be bailed before being charged or convicted.
Penalty for Violation of Attachment or Seizure Order.- If any person violates any attachment or seizure order under this Act, he shall be punishable with imprisonment for a term which may extend to three (3) years or with a fine equal to the value of the property attached or seized or with both.
Penalty for Disclosure of Information.- (1) No person shall publish any information related to investigation or any other relevant information to any person, organization or media with dishonest intention.
(2) Any person, institution or agent empowered under this Act, while employed or engaged in service or after the termination of employment or engagement, shall refrain from using or publishing any information collected, received, obtained, or known by them for any purpose other than fulfilling the purpose of this Act. (3) If any person violates the provisions of sub-sections (1) and (2), he shall be punishable with imprisonment for a term which may extend to two (2) years or with a fine which may extend to fifty (50) thousand Taka or with both.
Penalty for Obstruction or Non-cooperation in Investigation, Failure to Submit Report or Obstruction in Supplying Information.- (1) If any person under this Act:
(a) obstructs the investigation agency in any investigation program or refuses to cooperate; or (b) refuses to submit any requested report or supply information without reasonable cause; he shall be considered to have committed an offense under this Act. (2) If any person is found guilty of an offense under sub-section (1), he shall be punishable with imprisonment for a term which may extend to one (1) year or with a fine which may extend to twenty-five (25) thousand Taka or with both.
Penalty for Providing False Information.- (1) No person shall knowingly provide any false information regarding the source of funds or his identity or the identity of the account holder or regarding the beneficiary or nominee of any account.
(2) If any person violates the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three (3) years or with a fine which may extend to fifty (50) thousand Taka or with both.
Investigation and Trial of Offenses.- (1) Notwithstanding anything contained in any other law, offenses under this Act shall be triable by the Anti-Corruption Commission or any officer of the Commission empowered for this purpose, or any investigation agency empowered by the Anti-Corruption Commission, as scheduled offenses under the Anti-Corruption Commission Act, 2004 (Act No. 5 of 2004).
(2) Offenses under this Act shall be triable by the Special Judge appointed under Section 3 of the Nari Shishu Nirjatan Daman Ain (Special Tribunal) Act, 1995 (Act No. 1 of 1995).
(3) The Anti-Corruption Commission may also exercise the powers granted under the Anti-Corruption Commission Act, 2004 (Act No. 5 of 2004) alongside this Act for the purpose of investigating and identifying the property of the accused person, and any other investigation agency empowered by the Anti-Corruption Commission may also exercise the powers granted under any other law alongside this Act.
Special Powers of Special Judge.- (1) The Special Judge may impose the punishment prescribed for offenses under this Act and, where appropriate, issue orders for further investigation, attachment, seizure, confiscation of property, and any other necessary orders.
(2) If the Special Judge issues an order for further investigation in any case filed under this Act, he shall specify a time limit for the investigation agency to submit the investigation report, which shall not exceed six (6) months.
Non-compoundability, Non-bailability and Non-bailability of Offenses.- Offenses under this Act shall be non-compoundable (Non-compoundable), non-bailable (Non-bailable) and non-bailable (Non-bailable).
Necessity of Approval of Anti-Corruption Commission.- (1) Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, no Court shall take cognizance (cognizance) of any offense under this Act without the approval of the Anti-Corruption Commission.
(2) After the completion of the investigation of any offense under this Act, the investigation agency shall obtain the prior approval of the Commission before submitting the report to the Court and shall submit a copy of the approval letter issued by the Commission along with the report to the Court.
Provisions regarding Bail.- No person accused under this Act shall be released on bail if:
(a) the complainant has not been given an opportunity to be heard on the application for bail; and (b) the Court is satisfied that there is reasonable ground to believe that he is guilty of the accusation brought against him; or (c) the Court is not satisfied that he is not a woman, child or physically disabled person and that granting bail will not obstruct the course of justice.
Order for Attachment (Attachment) or Seizure (Seizure) of Property.- (1) On the written application of the investigation agency, the Court may issue an order for attachment or seizure of property located within or outside the country in which the people of the country have an interest.
(2) When filing a written application with the Court for an order of attachment or seizure of any property under sub-section (1), the investigation agency shall mention the following information therein, namely:
(a) full description of the property for which the attachment or seizure order is sought; (b) reasons and preliminary evidence for which the property is liable to be seized for money laundering or any other offense; (c) the possibility that the property may be transferred elsewhere or lost before the disposal of the case if an order is not issued by the Court as per the applicant's request. (3) If an order of attachment or seizure is issued under sub-section (1), the Court shall publish a notice in the Government Gazette and in at least two (2) widely circulated national daily newspapers [1 (one) in Bengali and 1 (one) in English] informing the general public of the matter along with the full description of the property. (4) The order of attachment or seizure under this Section shall mention the name, father's/mother's name, husband's/wife's name, nationality, designation (if any), profession, Tax Identification Number (TIN), present and permanent address, and any other identification of the accused person, as far as possible; however, minor discrepancies in such information shall not hinder the operation of the provisions of this Act. (5) Subject to the provisions of sub-section (6), if the Court issues an order for attachment or seizure of any person's property under this Section, during the operation of the order, unless otherwise ordered by the Court, the said property shall not be transferred elsewhere in any manner or form, nor shall any transaction be conducted regarding the said property, nor shall the said property be encumbered in any manner. (6) If a bank account of any person is subject to an attachment order, unless otherwise specified in the order, all money due to the said person may be deposited into his attached bank account.
Return of Attached or Seized Property.- (1) If the Court issues an order for attachment or seizure of any property under Section 14, any person or entity other than the accused person or entity who has any interest in the said property may apply to the Court for the return of the said property within thirty (30) days from the date of publication of the attachment or seizure order.
(2) If any person applies to the Court under sub-section (1), the application shall mention the following information, namely:
(a) that the said property has no direct or indirect involvement with money laundering or any related offense; (b) that the applicant is not directly or indirectly involved with the accused money launderer or any other related offense; (c) that the applicant is not a nominee of the accused nor discharging any responsibility on behalf of the accused; (d) that the accused person or entity has no right, interest, or ownership in the attached or seized property; and (e) that the applicant has right, interest, and ownership in the attached or seized property. (3) Notwithstanding anything contained in sub-section (5) of Section 14, upon receiving an application for the return of property under this Section, the Court shall give an opportunity of hearing to the applicant, the investigation agency, and the accused person or entity, and after the hearing, if no reasonable suspicion is presented regarding direct or indirect involvement with money laundering or related offense in the property involved in the state, and if the Court is satisfied with the application submitted by the applicant under sub-section (1), it shall cancel the attachment or seizure order and order the transfer of the property to the applicant within the time limit specified in the order.
Appeal against Order of Attachment or Seizure of Property.- (1) If the Court issues an order for attachment or seizure of any property under this Act, the aggrieved person may appeal to the High Court Division within thirty (30) days against such order.
(2) If any appeal is filed under sub-section (1), the Appellate Court may, after giving reasonable time for hearing to both parties, pass such order as it deems fit after the hearing.
(3) If an aggrieved person appeals against an order of attachment or seizure of any property issued by the Court under Section 14, and no other order is passed by the Appellate Court, the said order of attachment or seizure shall remain in operation until the appeal is disposed of.
Confiscation of Property.- (1) If any person or entity is found guilty of the offense of money laundering under this Act, the Court may order the confiscation of any property located within or outside the country directly or indirectly involved in the offense in favor of the State.
(2) Notwithstanding anything contained in sub-section (1), during the course of any investigation and trial or proceeding related to the offense of money laundering under this Act, the Court may, if necessary, order the confiscation of any property located within or outside the country in favor of the State. (3) If the person found guilty of the offense of money laundering under this Act is absconding or dies after the filing of the charge, the Court may order the confiscation of the property related to the offense of the said person in favor of the State. Explanation.- If the accused person does not surrender to the Court or is not arrested within six (6) months from the date of issuance of the arrest warrant, despite due efforts, the said person shall be considered absconding for the purpose of this Section. (4) Before issuing an order for confiscation of any property under this Section or before filing a case or charge, if any person or entity has purchased the property sought for confiscation in good faith and for valuable consideration, and the Court is satisfied that the said person or entity did not know that the said property was involved in money laundering and purchased it in good faith, the Court may not issue an order for confiscation of the said property but may direct the guilty person or entity to deposit the proceeds of the sale of the property in the State Treasury within the time limit specified by the Court. (5) If the Court cannot determine the location of property directly or indirectly involved in money laundering or related offenses or cannot confiscate it, or if the property is lost due to its use in any other manner, then:
(a) an order may be issued to confiscate property of equivalent value from the accused person who is not involved in the offense; (b) an order may be issued to impose a fine equal to the amount of property that cannot be recovered against the accused person. (6) If any property is confiscated under this Section, the notice of the confiscation order shall be sent by registered post to the last known address of the person or entity under whose control the property is, and a notice shall be published in the Government Gazette and in at least two (2) widely circulated national daily newspapers [1 (one) in Bengali and 1 (one) in English] mentioning all details including the schedule of the property. (7) If the Court issues an order for confiscation of any property under this Section, the ownership of the said property shall vest in the State, and the person in whose possession or ownership the property was on the date of confiscation shall, as soon as possible, transfer the possession of the said property to the State. (8) If property obtained directly or indirectly from the offense is mixed with any legal money or property, an order for confiscation of the entire mixed money or property in favor of the State may be issued on the basis of the value of the money or property obtained from the offense determined by the Court, or if it is not possible to determine the value of the money or property obtained from the offense, on the basis of the proportion.
Return of Confiscated Property.- (1) If the Court issues an order for confiscation of any property under Section 17, any person or entity other than the guilty person or entity who has any right, interest, or claim in the said property may apply to the Court for the return of the said property within thirty (30) days from the date of the first publication of the confiscation notice in the newspaper.
(2) Upon receiving any application under sub-section (1), the Court may, after giving reasonable time for hearing to the complainant, the guilty person, and the applicant, pass necessary orders after considering the following matters, namely:
(a) whether the applicant or the confiscated property had any connection with the commission of the offense; (b) whether the confiscated property is the lawful right of the applicant; (c) the period of commission of the offense and the period during which the confiscated property came into the ownership of the applicant claiming such right; and (d) any other information considered relevant by the Court.
Appeal against Confiscation Order.- (1) If the Court issues an order for confiscation of any property under this Act, the aggrieved party may appeal to the High Court Division within thirty (30) days against such order.
(2) If any appeal is filed under sub-section (1), the Appellate Court may, after giving reasonable opportunity of hearing to both parties, pass such order as it deems fit after the hearing.
Disposal Process of Confiscated Property.- (1) If any property is confiscated under this Act, the Government, with the permission of the Court, may sell or otherwise dispose of any property other than that which is to be destroyed under any other law, by public auction or any other lawful commercial profitable method.
(2) The money received from the sale or other disposal of property under sub-section (1) shall be deposited in the State Treasury.
Appointment of Manager or Supervisor for Maintenance of Attached, Seized or Confiscated Property.- If any property is attached, seized or confiscated under this Act, the Court may, on the application of the investigation agency or any officer empowered by it, appoint any law-enforcing agency as manager or supervisor of the said property for its full or partial control, management, supervision or other disposal, as it deems fit.
Appeal.- Notwithstanding anything contained in any other law for the time being in force, any aggrieved party may appeal to the High Court Division within thirty (30) days from the date of issuance of any order, judgment, decree or imposed penalty by the Court under this Act.
Powers and Duties of Bangladesh Bank in Prevention and Suppression of Money Laundering Offenses.- (1) For the purpose of this Act, the Bangladesh Bank shall have the following powers and duties for the prevention and suppression of money laundering offenses and preventing such criminal activities, namely:
(a) analyzing or examining cash transactions and suspicious transaction information received from any reporting institution, collecting any additional information for the purpose of analysis or examination from the reporting institution, preserving its data, and providing such information to the relevant law-enforcing agency as necessary for taking necessary action; (b) collecting any information or report regarding any transaction from the reporting institution if there is reasonable cause to suspect that the transaction is involved in money laundering or any related offense; (c) instructing any bank or financial institution to suspend or stop transactions in any account for up to thirty (30) days if there is reasonable cause to suspect that any money or property has been deposited in any person's account through the commission of any offense:
Provided that if there is a need to uncover correct information regarding the transactions in the said account, the period for suspending or attaching the transactions may be extended by an additional thirty (30) days, up to a maximum of six (6) months; (d) issuing necessary instructions to reporting institutions from time to time for the purpose of preventing money laundering; (e) supervising whether reporting institutions are correctly submitting requested information or reports to the Bangladesh Bank or whether they are properly complying with the instructions issued by them, and, if necessary, conducting on-site inspections of reporting institutions; (f) arranging meetings, seminars, etc., including training for officers and employees of reporting institutions and any other institutions or organizations as deemed necessary by the Bangladesh Bank to ensure the proper application of this Act; (g) doing any other work necessary for the purpose of this Act. (2) If the investigation agency requests information for the investigation of money laundering or suspicious transactions, the Bangladesh Bank shall provide such information, subject to existing laws or if there is no compulsion for any other reason. (3) If any reporting institution fails to supply any requested information on time under this Section, the Bangladesh Bank may impose a fine on the said institution at the rate of ten (10) thousand Taka per day up to a maximum of five (5) lakh Taka, and may suspend the registration or license of any institution or any branch, satellite center, booth, or agent of the institution to cease operations in Bangladesh, or, if necessary, inform the registrar or licensing authority to take appropriate action against the said institution.

Prevention of Money Laundering Act, 2012
(4) If any reporting entity provides any false or misleading information or details regarding the matters verified under this section, the Bangladesh Bank may impose a fine of not less than 20 (twenty) thousand Taka and up to 5 (five) lakh Taka on the said entity. If an entity is fined more than 3 (three) times in one (one) year, the Bangladesh Bank may suspend the registration or license of the said entity or any branch, sub-branch center, booth, or agent of the entity with the intention of discontinuing the business operations of the Bangladesh Bank, or as the case may be, inform the registering or licensing authority to take appropriate measures against the said entity. (5) If any reporting entity fails to comply with any instruction issued by the Bangladesh Bank under this Act, the Bangladesh Bank may impose a fine of 10 (ten) thousand Taka per day, up to a maximum of 5 (five) lakh Taka for each non-compliant matter. If an entity is fined more than 3 (three) times in one (one) year, the Bangladesh Bank may suspend the registration or license of the said entity or any branch, sub-branch center, booth, or agent of the entity with the intention of discontinuing the business operations of the Bangladesh Bank, or as the case may be, inform the registering or licensing authority to take appropriate measures against the said entity. (6) If any reporting entity fails to comply with any order of non-compliance or suspension directed by the Bangladesh Bank under clause (g) of sub-section (1), the Bangladesh Bank may impose a fine on the said reporting entity equal to the amount deposited in the said bank account, which shall not exceed double the amount deposited in the account on the date of issuance of the instruction. (7) If any person, entity, or reporting entity fails to pay the fine imposed by the Bangladesh Bank under Sections 23 and 25 of this Act, the Bangladesh Bank may recover the fine by deducting it from any bank or financial institution account or Bangladesh Bank account held in the name of the said person, entity, or reporting entity. In this regard, if any part of the fine remains unpaid, the Bangladesh Bank may apply to the court for recovery, and the court shall pass such order as it deems appropriate. (8) If any reporting entity is fined under sub-sections (3), (4), (5), and (6), the Bangladesh Bank may also impose a fine of not less than 10 (ten) thousand Taka and up to 5 (five) lakh Taka on the owners, directors, officers, employees, or contracted persons of the said entity responsible for the fine. Additionally, the Bangladesh Bank may issue instructions to take necessary administrative measures against the said entity.

Establishment of Financial Intelligence Unit (FIU). ---(1) For the purpose of exercising the powers and performing the duties of the Bangladesh Bank under Section 23 of this Act, there shall be an independent unit called the Bangladesh Financial Intelligence Unit (BFIU).
(2) For the purpose of this Act, information preserved or collected by government, semi-government, autonomous bodies, or any other concerned institution or organization shall be provided to the Bangladesh Financial Intelligence Unit on its own initiative or upon request. (3) The Bangladesh Financial Intelligence Unit may, on its own initiative, provide information related to money laundering and terrorist financing to other law enforcement agencies as necessary.

Prevention of Money Laundering Act, 2012
(4) Under any agreement or arrangement with any other country in accordance with the rules of this Act, it shall provide information related to money laundering, terrorist financing, or any suspicious transactions to the Financial Intelligence Unit of the said country, and may request similar information from any other country. (5) In addition to the agreements or arrangements specified in sub-section (4), the Bangladesh Financial Intelligence Unit may, as the case may be, provide information to the Financial Intelligence Unit of any other country on its own initiative.

Duties and Responsibilities of Reporting Entities in Preventing Money Laundering Offenses. ---(1) Reporting entities shall have the following duties and responsibilities in preventing money laundering offenses, namely:---
(a) To preserve accurate and complete information regarding the identity of the customer during the operation of the customer's account; (b) To preserve information related to transactions of the said account for at least 5 (five) years from the date of closure of the account of any customer; (c) To provide the information preserved under clauses (a) and (b) to the Bangladesh Bank from time to time as required; (d) To immediately report 'Suspicious Transaction Report' to the Bangladesh Bank on its own initiative if any suspicious transaction or attempt of transaction defined in clause (y) of Section 2 is observed. (2) If any reporting entity violates the provisions of sub-section (1), the Bangladesh Bank may--- (a) Impose a fine on the said entity of not less than 50 (fifty) thousand Taka and up to 25 (twenty-five) lakh Taka; and (b) In addition to the fine imposed under clause (a), cancel the permission or license of the said entity or any branch, sub-branch center, booth, or agent of the entity to conduct business operations, or as the case may be, inform the registering or licensing authority to take appropriate measures against the said entity. (3) The fine imposed under sub-section (2) shall be recovered by the Bangladesh Bank in the manner prescribed by it, and the recovered amount shall be deposited into the State Treasury.
Agreements with Foreign States. ---(1) For the purpose of this Act, the Government may enter into agreements with any foreign state through bilateral or multilateral agreements, conventions, or any other manner recognized in international law.
(2) If the Government enters into an agreement with any foreign state under this section, the Government in preventing money laundering offenses may--- (a) Request necessary information from the said foreign state or organization; and (b) Provide information verified by the said foreign state and organization, provided it does not pose a threat to national security.

Prevention of Money Laundering Act, 2012
(3) For the purpose of this Act, the Bangladesh Financial Intelligence Unit (BFIU) may sign Memorandums of Understanding with foreign Financial Intelligence Units or other concerned organizations, and under the signed Memorandum of Understanding, the BFIU may--- (a) Request necessary information from the said foreign Financial Intelligence Unit or organization; and (b) Provide information verified by the said foreign Financial Intelligence Unit and organization, provided it does not pose a threat to national security. (4) For the purpose of this Act, if it is necessary to attach or return any property located in Bangladesh to enforce an order of a court of a foreign state under an agreement, the court may pass such order as it deems appropriate upon application by the Office of the Attorney General; similarly, the Office of the Attorney General may request the state under the agreement or Memorandum of Understanding to enforce the attachment order of the court in Bangladesh or the order to return the said property. (5) Notwithstanding anything contained in any other law, documents received from the appropriate authority of any foreign state under mutual legal assistance for the purpose of this Act shall be admissible as evidence in the concerned judicial court.

Commission of Offense by Entity. - If any offense under this Ordinance is committed by an entity, every owner, director, manager, secretary, or other officer or employee or representative of the entity directly connected with the said offense shall be deemed to have committed the said offense, unless he proves that the offense was committed without his knowledge or that he exercised all due diligence to prevent the offense.
Explanation. - In this section, "director" shall also include any partner or member of the management board of the entity, however it may be named.
Protection for Acts Done in Good Faith. --- If any person suffers loss or is likely to suffer loss as a result of any act done in good faith under this Act or rules, no civil, criminal, or administrative or other legal proceeding shall be instituted against the Government or any officer or employee of the Government or the Bangladesh Bank or any officer or employee of the Bangladesh Bank or the Anti-Corruption Commission or any reporting entity or its governing body or any officer or employee thereof.
Power to Make Rules. - The Government may make rules for the purpose of this Act by notification in the Official Gazette.
Publication of English Translation of the Act. - (1) After the enactment of this Act, the Government shall, as soon as possible, publish an authoritative English translation (অনিবার্য পাঠ) of the Bengali text of this Act by notification in the Official Gazette.
(2) In case of conflict between the Bengali text and the English text, the Bengali text shall prevail.

Prevention of Money Laundering Act, 2012
31. Repeal and Savings. - (1) The Prevention of Money Laundering Ordinance, 2009 (Ordinance No. 8 of 2009) and the Prevention of Money Laundering Ordinance, 2012 (Ordinance No. 2 of 2012), hereinafter referred to as the said Act and Ordinance, are hereby repealed.
(2) Notwithstanding such repeal, any program taken, case filed, or action taken under the said Act and Ordinance shall be disposed of as if it had been filed or taken under this Act.
(3) Notwithstanding such repeal, if any offense under the Foreign Exchange Regulation Act, 1947 (Ordinance No. XX of 1947) or under the said Act and Ordinance is committed or is under investigation or trial, such offenses shall be disposed of in accordance with the provisions of this Act as if they had been filed or taken under this Act.

Md. Mahfuzur Rahman
Additional Secretary.

Supplement-3
Anti-Terrorism Act, 2009 (with 2012 Amendments) Registered No. D A-1 Bangladesh Gazette Extraordinary Issue Published by Authority Tuesday, February 24, 2009 National Parliament of Bangladesh Dhaka, 24th February, 2009/12th Falgun, 1415 The following Act passed by the Parliament has received the assent of the President on 24th February, 2009 (12th Falgun, 1415) and is hereby published for general information: - Act No. 16 of 2009 An Act to provide for the prevention of various terrorist acts and for the punishment of their perpetrators and for matters connected therewith or incidental thereto Whereas it is expedient and necessary to provide for the prevention of various terrorist acts and for the punishment of their perpetrators and for matters connected therewith or incidental thereto; It is hereby enacted as follows: - First Chapter Preliminary

Short Title, Extent and Commencement. - (1) This Act shall be called the Anti-Terrorism Act, 2009.
(2) It shall extend to the whole of Bangladesh.
(3) It shall be deemed to have come into force on 11th June, 2008.
Definitions. - Unless the context otherwise requires, in this Ordinance,-
(1) "Offense" means any offense punishable under this Act; (2) "Weapon" means arms and ammunition specified in Section 4 of the Arms Act, 1878 (Act No. 11 of 1878) and any kind of nuclear, chemical and biological weapons shall also be included therein; (3) "Court" means the Court of a District Judge or, as the case may be, the Court of an Additional District Judge; (4) "Imprisonment" means any of the descriptions of imprisonment mentioned in Section 53 of the Penal Code; (5) "Code of Criminal Procedure" or "CrPC" means the Code of Criminal Procedure, 1898 (Act No. V of 1898); (6) "Schedule" means the Schedule to this Act;

Supplement-3
Anti-Terrorism Act, 2009 (with 2012 Amendments) (7) "Penal Code" means the Penal Code, 1860 (Act No. XLV of 1860); (8) "Flammable Substance" means any substance which has a natural high propensity to catch fire or intensify fire or spread fire, such as - octane, petrol, diesel, converted natural gas (CNG), gun powder, and any other flammable substance shall also be included therein; (9) "Bangladesh Bank" means the Bangladesh Bank established under the Bangladesh Bank Order, 1972 (Presidential Order No. 127 of 1972); (10) "Bank" means a banking company defined in clause (n) of Section 5 of the Banking Company Act, 1991 (Act No. 14 of 1991) and any other institution established as a bank under any other Act or Ordinance shall also be included therein; (11) "Judge" means the District Judge, Additional District Judge or, as the case may be, the Judge of the Anti-Terrorism Special Tribunal; (12) "Special Tribunal" means any Anti-Terrorism Special Tribunal constituted under Section 28; (13) "Explosive Substance" means- (a) Gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powder, puffed (puffed) mercury or any other metal, colored fireworks and any other substance used or produced for the purpose of creating effect by explosion or effect of fireworks, whether similar or dissimilar to the above-mentioned substances; and (b) Any machine, weapon, instrument or object used for the purpose of creating or using explosion or for the purpose of creating or using explosion by any substance or explosive substance, including any part of such machine, instrument or weapon, and fuse, rocket, percussion caps, detonator, cartridge and any kind of ammunition; (14) "Property" means- (a) Tangible or intangible, movable or immovable, visible or invisible, any kind of property located within or outside the country and the profit arising from the said property and any document convertible into money (convertible document) shall also be included therein; (b) Cash, electronic digital and any other kind of document or instrument indicating ownership or interest in any property. (15) "Evidence Act" means the Evidence Act, 1872 (Act No. I of 1872). (16) Suspicious Transaction means such transaction- (1) Which is different from the normal type of transaction; (2) Where there is such a suspicion regarding the transaction that, (a) It is proceeds of crime; (b) It is financing any terrorist act, any terrorist organization or any terrorist; (3) Any other transaction or attempt of transaction specified in the instructions issued from time to time by the Bangladesh Bank for the purpose of this Act; (17) "Entity" means any legal institution, incorporated organization, commercial or non-commercial institution, group, partnership firm, cooperative society or any organization formed by one or more persons;

Supplement-3
Anti-Terrorism Act, 2009 (with 2012 Amendments) (18) "Financial Institution" means a financial institution defined in clause (x) of Section 2 of the Financial Institutions Act, 1993 (Act No. 27 of 1993); (19) "Insurer" means an insurer defined in clause (25) of Section 2 of the Insurance Act, 2010 (Act No. 13 of 2010); (20) Reporting Entity means- (a) Bank (b) Financial Institution; (c) Insurer (d) Money Changer; (e) Any company or institution sending or transferring money or value; (f) Any other institution conducting business with the permission of the Bangladesh Bank; (g) (1) Stock Dealer and Stock Broker (2) Portfolio Manager and Merchant Banker (3) Securities Custodian (4) Asset Manager (h) (1) Non-Governmental Organization (NGO), (2) Non-Government Development Organization (NGDO) and (3) Cooperative Society; (i) Real Estate Developer; (j) Dealer in precious metals or stones (k) Trust and Company Service Provider; (l) Lawyer, Notary, other legal professionals and Accountant; (m) Any other institution declared by notification from time to time by the Bangladesh Bank with the approval of the Government; (21) 'Money Changer' means any person or institution approved by the Bangladesh Bank under Chapter 3 of the Foreign Exchange Regulation Act, 1947 (Ordinance No. XX of 1947) to conduct foreign currency transactions; (22) (a) 'Stock Dealer and Stock Broker' means institutions defined in Rule 2 (j) and 2 (k) respectively of the Securities and Exchange Commission (Stock Dealer, Stock Broker and Authorized Representative) Rules, 2000; (b) 'Portfolio Manager and Merchant Bank' means institutions defined in Rule 2 (c) and 2 (k) respectively of the Securities and Exchange Commission (Merchant Banker and Portfolio Manager) Rules, 1996; (c) 'Security Custodian' means an institution defined in Rule 2 (k) of the Securities and Exchange Commission (Security Custodian Service) Rules, 2003;

Supplement-3
Anti-Terrorism Act, 2009 (with 2012 Amendments) (d) 'Asset Manager' means an institution defined in Rule 2 (d) of the Securities and Exchange Commission (Mutual Fund Rules, 2001); (23) 'Non-Government Organization/Institution (NGO)' means any institution certified under Section 28 of the Companies Act (Bangladesh), 1994 (Act No. 18 of 1994); (24) 'Non-Government Development Organization (NGDO)' means the Societies Registration Act, 1860 (Ordinance No. XX of 1860) Societies Registration (Amendment) Act, 1961 (Ordinance No. XLV of 1961), Non-Government Non-Governmental Organizations (Registration and Supervision) Ordinance, 1978 (Ordinance No. XXX of 1978), Non-Governmental Organizations (Registration and Supervision) Ordinance, 1982 (Ordinance No. XXXIII of 1982), Cooperative Societies Act, 2001 (Act No. 47 of 2001) and Microcredit Regulatory Authority Act, 2006 (Act No. 32 of 2006) approved or registered institutions under which- (a) It receives or gives funds (loans, grants, deposits) from local sources; and/or (b) It receives any kind of foreign aid, loan or grant; (25) 'Bangladesh Financial Intelligence Unit (BFIU)' means the Bangladesh Financial Intelligence Unit established under Section 24 (1) of the Prevention of Money Laundering Act, 2009; (26) 'Material Support (Material Support)' means providing money, services or any other property to any person or entity by any person or entity, or providing any other assistance by which the terrorist activities specified under this Act have been or can be carried out; (27) 'High Court Division' means the High Court Division of the Supreme Court of Bangladesh; (28) 'Real Estate Developer' means any real estate developer or his officer or employee or agent defined in Section 2(15) of the Real Estate Development and Management Act, 2010 (Act No. 48 of 2010) who are involved in the construction and purchase-sale of land, houses or buildings, commercial buildings and flats, etc.; (29) 'Trust and Company Service Provider' means any person or business establishment not defined in any other law and which provides the following services to any third party:
(1) Acting as an agent for establishing any legal entity; (2) Acting as a director or secretary of any legal entity or appointing any other person or acting as a partner in a partnership business or performing any other similar duty; (3) Acting as a registered agent of any legal entity; (4) Acting as a trustee of any express trust or appointing any other person; (5) Acting as a nominee shareholder or director in place of any other person or appointing any other person as director in place of any other person; (30) 'Security' means the protection of the life and property of any person or group.

Annex-3
Anti-Terrorism Act, 2009 (Including the 2012 Amendment)

Offence of providing funds for terrorist acts.-(1) If any person or entity knowingly provides or offers to provide any person or entity with funds, material assistance (financial assistance), or any other property, knowing or having reasonable grounds to believe that such funds, material assistance, or property will be used, wholly or in part, for any purpose by any terrorist person, entity, group, or organization, such person or entity shall be deemed to have committed the offence of providing funds for terrorist acts.
(2) If any person or entity knowingly receives from any other person or entity any funds, services, material assistance (financial assistance), or any other property, knowing or having reasonable grounds to believe that such funds, services, material assistance, or property have been or may be used, wholly or in part, for any purpose by any terrorist person, entity, group, or organization, such person or entity shall be deemed to have committed the offence of providing funds for terrorist acts. (3) If any person or entity knowingly arranges for any other person or entity any funds, services, material assistance (financial assistance), or any other property, knowing or having reasonable grounds to believe that such funds, services, material assistance, or property will be used, wholly or in part, for any purpose by any terrorist person, entity, group, or organization, such person or entity shall be deemed to have committed the offence of providing funds for terrorist acts. (4) If any person or entity knowingly solicits any other person or entity to provide, receive, or arrange funds, services, material assistance (financial assistance), or any other property in such a manner that there are reasonable grounds to believe that such funds, services, material assistance, or property will be used, wholly or in part, for any purpose by any terrorist person, entity, group, or organization, such person or entity shall be deemed to have committed the offence of providing funds for terrorist acts. (5) If any person is found guilty of any offence mentioned in sub-sections (1) to (4), such person shall be punishable with rigorous imprisonment for a term which shall not be less than four years but which may extend to fifteen years, and shall also be liable to a fine equal to twice the value of the property involved in the offence or 10 (ten) lakh Taka, whichever is higher. (6) (a) If any entity is found guilty of any offence mentioned in sub-sections (1) to (4), provisions under Section 18 shall be applied, and in addition, a fine equal to three times the value of the property involved in the offence or 50 (fifty) lakh Taka, whichever is higher, shall be imposed; and (6) (b) The principal, chairman, managing director, chief executive, or any other person by whatever name called of such entity, shall be punishable with rigorous imprisonment for a term which shall not be less than four years but which may extend to fifteen years, and shall also be liable to a fine equal to twice the value of the property involved in the offence or 20 (twenty) lakh Taka, whichever is higher, unless such person proves that the offence was committed without their knowledge or that they took all reasonable measures to prevent the commission of the offence.
Membership of banned organization.-(1) If any person becomes a member of or claims to be a member of any banned organization under Section 18, such person shall commit an offence and shall be punishable with rigorous imprisonment for a term which may extend to six months, or with fine, or with both.
Support for banned organization.-(1) If any person requests or invites any person to support any banned organization under Section 18, or organizes, conducts, or assists in conducting any meeting with the intention of supporting the banned organization or encouraging its activities, or delivers a speech, such person shall commit an offence.
(2) If any person delivers a speech at any meeting or broadcasts information through radio, television, or any print or electronic medium with the intention of seeking support for any banned organization or activating its activities, such person shall commit an offence. (3) If any person is found guilty of any offence under sub-section (1) or (2), such person shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.
Punishment for conspiracy to commit offence.-(1) If any person conspires to commit any offence under this Act, such person shall be punishable with any rigorous imprisonment or fine, or both, for a term extending to two-thirds of the maximum punishment prescribed for such offence; and if the punishment prescribed for such offence is death, the punishment for the offence shall be rigorous imprisonment for life or rigorous imprisonment for not less than fourteen years, but not less than five years.
Punishment for attempt to commit offence.-(1) If any person attempts to commit any offence under this Act, such person shall be punishable with any rigorous imprisonment or fine, or both, for a term extending to two-thirds of the maximum punishment prescribed for such offence; and if the punishment prescribed for such offence is death, the punishment for the offence shall be rigorous imprisonment for life or rigorous imprisonment for not less than fourteen years, but not less than five years.
Punishment for abetment of offence.-(1) If any person abets the commission of any punishable offence under this Act, such person shall be punishable with the punishment prescribed for such offence.
Punishment for instigation of terrorist activities.-(1) If any person prepares or distributes any document through their activities or participation, or disseminates information through any print, electronic, or other medium, or provides any equipment, assistance, technology, or training to any person or organization, knowing that such document, equipment, assistance, technology, or training will be used for the commission of any offence under this Act or that such person or organization will use it for attempting to commit such offence, such person shall be deemed to have instigated terrorist activities; and such person shall be punishable with rigorous imprisonment or fine, or both, for a term extending to two-thirds of the maximum punishment prescribed for the relevant offence; and if the punishment prescribed for such offence is death, the punishment for the offence shall be rigorous imprisonment for life or rigorous imprisonment for not less than fourteen years, but not less than five years.
Harbouring offender.-(1) If any person, knowing or having reasonable grounds to believe that any other person has committed an offence under this Act, harbours or conceals such person with the intention of shielding them from punishment, such person shall be punishable:
(a) If the punishment for such offence is death, with rigorous imprisonment for a term which may extend to five years, and shall also be liable to fine; or (b) If the punishment for such offence is rigorous imprisonment for life or any term of rigorous imprisonment, with rigorous imprisonment for a term which may extend to three years, and shall also be liable to fine. (2) The provisions of this section shall not apply if the harbouring or concealing is done by the husband, wife, son, daughter, father, or mother.

Chapter Three
Powers of Bangladesh Bank

Powers of Bangladesh Bank.-(1) Bangladesh Bank may take necessary steps to prevent and detect transactions through any reporting entity with the intention of committing any offence under this Act, and for this purpose, it shall have the following powers and duties:
(a) To call for reports from any reporting entity regarding suspicious transactions; (b) To provide the reports obtained under clause (a) to the relevant law enforcement agency for necessary action, or as appropriate, to provide such reports to foreign law enforcement agencies upon request, or to exchange information regarding such reports; (c) To compile and preserve all statistics and records; (d) To create and maintain a database of reports regarding all suspicious transactions; (e) To analyze reports regarding suspicious transactions; (f) To issue written orders to the relevant reporting entity to suspend or freeze the account of such transaction for up to 30 (thirty) days if there are reasonable grounds to suspect that any transaction is related to terrorist activities, and if necessary to disclose accurate information regarding the transactions in such account, to extend the period of suspension or freezing by an additional 30 (thirty) days, up to a maximum of 6 (six) months; (g) To supervise and monitor the operations of reporting entities; (h) To issue directions to reporting entities to take preventive steps to prevent the provision of funds for terrorist activities; (i) To inspect reporting entities to identify suspicious transactions related to the provision of funds for terrorist activities; and (j) To provide training to the staff and officials of reporting entities to identify and prevent suspicious transactions related to the provision of funds for terrorist activities. (2) Bangladesh Bank shall, simultaneously with identifying any reporting entity or its customer regarding any suspicious transaction related to the provision of funds for terrorist activities, inform the relevant law enforcement agency and provide all necessary cooperation to such law enforcement agency for investigation and inquiry. (3) In the case of pending offences committed in other countries, Bangladesh Bank shall take steps to seize the accounts of any person or entity under any international, regional, or bilateral agreement adopted by the Government, United Nations Convention, or relevant resolution adopted by the United Nations Security Council. (4) The funds seized under sub-section (3) shall be disposed of by the relevant court in accordance with the relevant agreement, convention, or resolution adopted by the United Nations Security Council. (5) Government, semi-government, autonomous institutions, or organizations, in the interest of performing the duties mentioned in sub-sections (1) to (3), shall provide verified information to the Bangladesh Financial Intelligence Unit as requested, or as appropriate, voluntarily provide information. (6) The Bangladesh Financial Intelligence Unit may, as requested or as appropriate, voluntarily provide information related to terrorist activities or the provision of funds for terrorist activities to the Financial Intelligence Units of other countries. (7) For the purpose of investigation into the provision of funds
for terrorist activities, any law enforcement agency shall have access to the documents or records of any bank with the following percentage authority:
(a) By order of the appropriate court or tribunal; or (b) With the approval of Bangladesh Bank.
Duties of reporting entity.-(1) Every reporting entity shall take necessary measures with due care and responsibility to prevent and detect transactions related to any offence under this Act through any reporting entity, and upon identification of any suspicious transaction, shall report to Bangladesh Bank voluntarily without any delay.
(2) The Board of Directors (Board of Directors) of every reporting entity, or in the absence of the Board of Directors, the Chief Executive, or any other person by whatever name called, shall approve and issue directions regarding the duties of its staff, and ensure that the directions issued by Bangladesh Bank under Section 15, which are applicable to reporting entities, are being complied with. (3) If any reporting entity fails to comply with any direction given by Bangladesh Bank under Section 15, or knowingly provides false information or provides false information or details, such reporting entity shall be liable to pay a fine of up to 10 (ten) lakh Taka as determined and directed by Bangladesh Bank, and Bangladesh Bank may cancel the registration or suspend the license of such entity or any branch, service center, booth, or agent of the entity to operate business in Bangladesh, or as appropriate, inform the registering or licensing authority to take necessary measures against such entity. (4) If any reporting entity fails to pay or does not pay the fine imposed by Bangladesh Bank under sub-section (3), Bangladesh Bank may recover the amount by adjusting any bank or financial institution account in the name of the relevant reporting entity or any account operated with Bangladesh Bank, and if any part of such fine remains unpaid, Bangladesh Bank may, if necessary, apply to the relevant court for recovery.

Chapter Four
Terrorist Organizations

Organization involved in terrorist activities.-(1) For the purpose of this Act, an organization shall be considered involved in terrorist activities if it:
(a) Commits or participates in terrorist activities; (b) Prepares for terrorist activities; (c) Assists or encourages the commission of terrorist activities; (d) Supports and assists any organization involved in terrorist activities; (e) Is among the organizations included in the resolutions adopted by Bangladesh, including United Nations Resolution Numbers 1267 and 1373; or (f) Is involved in terrorist activities in any other manner.
Banning of organization.-(1) For the purpose of this Act, the Government may, by order, ban any organization by including it in the Schedule on the basis of reasonable grounds that it is involved in terrorist activities.
(2) The Government may, by order, add any organization to the Schedule, remove it from the Schedule, or amend the Schedule in any other manner.
Review.-(1) An organization banned by order of the Government under Section 18 may, within thirty days from the date of the order, apply to the Government for review by submitting written arguments against it, and the Government shall dispose of the application within ninety days from the date of receipt of the application after hearing the applicant, in accordance with the rules made under this Act.
(2) If the application for review under sub-section (1) is rejected, the banned organization may, within thirty days from the date of rejection of the application, file an appeal in the High Court Division.
(3) The Government shall, by notification in the Government Gazette, constitute a three-member Review Committee (Review Committee) to dispose of the review applications filed under sub-section (1).
Measures against banned organization.-(1) If any organization is banned, the Government shall, in addition to other measures mentioned in this Ordinance, take the following steps in accordance with the rules made under this Act:
(a) Seal its office, if any;
(b) Freeze its bank and other accounts, if any, and seize all its property; (c) Seize all types of pamphlets, posters, banners, or printed, electronic, digital, or other materials; and (d) Prohibit the publication, printing, or promotion of any press statement on behalf of or in support of the banned organization, news conferences, or public speeches. (2) The banned organization shall submit its income and expenditure accounts and disclose all sources of income to the appropriate authority appointed by the Government for this purpose. (3) If it appears that the funds and assets (assets) of the banned organization have been illegally acquired or used in the commission of any offence under this Act, such funds and assets shall be seized for the benefit of the State.

Chapter Five
Investigation of Offence

Special provisions regarding examination of witness by police.-(1) If any police officer investigating a case under this Act considers it necessary to question any person who is informed about the incident and circumstances, and if the police officer knows or has reason to believe that such person is sufficiently capable of providing the details of the incident in writing, such police officer may, with the consent of such person, record the details of the incident in writing from such person.
(2) Such person shall write and sign the details of their statement or the incident in their own hand with a pen.
Special provisions regarding recording of witness statement by Magistrate.-(1) Any Metropolitan Magistrate, Judicial Magistrate, or Second Class Magistrate specially empowered for this purpose, if informed or has reasonable grounds to believe that any person informed about the incident and circumstances of the case is sufficiently capable of providing their statement in writing, may direct such person to provide their statement in writing in their own hand with a pen.
Special provisions regarding recording of confession by accused person.-(1) Any Metropolitan Magistrate, Judicial Magistrate, or Second Class Magistrate specially empowered for this purpose, if the accused person is capable and willing to provide a statement in writing regarding the incident, may permit such person to record their confession in writing in their own hand with a pen.
Time limit for investigation.-(1) Any police officer shall complete the investigation of any case under this Act within sixty days from the date of receipt or recording of information under Section 154.
(2) If any police officer cannot complete the investigation within the time mentioned in sub-section (1), such officer may extend the time by up to thirty days by recording reasons in writing in the case diary.
(3) If such police officer cannot complete the investigation within the time mentioned in sub-section (2), such investigating officer may extend the time by an additional thirty days with the written approval of the Superintendent of Police of the relevant district or, as appropriate, the Deputy Police Commissioner of the relevant metropolitan area; provided that if it is necessary to collect evidence from any country outside Bangladesh for the investigation of the case, the time limits for investigation mentioned in sub-sections (1) to (3) shall not apply. (4) If such police officer cannot complete the investigation within the additional period mentioned in sub-section (3), such officer shall immediately inform the Superintendent of Police of the relevant district or, as appropriate, the Deputy Police Commissioner of the relevant metropolitan area, mentioning the reasons, and if the stated reasons are not satisfactory, the investigating officer shall be charged with negligence in performing their delegated duties.
Extension of time limit in case of multiple offences.-(1) If any police officer is unable to complete the investigation due to the identity of the offender mentioned in the First Information Report (FIR) remaining undiscovered and the inability to identify such offender within the additional time limit prescribed in sub-section (3) of Section 24, it shall not be considered a bar to submit a police report, new police report, or additional police report at any time after the expiration of the additional period mentioned in Section 24.
(2) If any police officer is unable to complete the investigation due to the inability to provide evidence or any report related to the offence within the additional period prescribed in sub-section (3) of Section 24, due to the need for medical, forensic, fingerprint, chemical, or other expert witnesses, whose control is not with the officer and without whom it is not possible to prepare any case report, it shall not be considered a bar to submit the police report at any time after the expiration of the additional period mentioned.
Re-handover.-(1) In cases where any person is arrested and detained for investigation, the investigating officer may apply to the appropriate Magistrate for re-handover of the accused person to police custody.
(2) On consideration of the application under sub-section (1), the Magistrate may re-handover the accused to police custody, and such period of re-handover shall not exceed ten days consecutively or in total; provided that if the investigating officer can satisfactorily prove to the Magistrate that re-handover for a longer period may yield additional evidence, the Magistrate may extend the period of re-handover by up to five days.

Chapter Six
Trial by Diary Judge

Provisions regarding trial of offences by Diary Judge or Additional Diary Judge.-(1) Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, until a special tribunal is constituted for this purpose, offences under this Act shall be tried by the Diary Judge or, in the case of transfer to the Additional Diary Judge by the Diary Judge, by the Additional Diary Judge.
(2) The Diary Judge or Additional Diary Judge shall follow the procedure mentioned in Chapter 23 of the Code of Criminal Procedure applicable to trial in the Diary Court while trying offences under this Act.

Chapter 3
Anti-Terrorism Act, 2009 (Including the 2012 Amendment) (3) For the purposes of this Chapter, the offenses under this Act shall be deemed to be triable by the Court of Session, and the case of such offense or any part thereof committed within the jurisdiction of such Court Division shall be tried by the District Judge of such jurisdiction.

Chapter 7
Trial by Special Tribunal
28. Constitution of Anti-Terrorism Special Tribunal.-- (1) The Government may, by notification in the Government Gazette, constitute one or more Anti-Terrorism Special Tribunals for the expeditious and effective trial of offenses committed under this Act.
(2) A Special Tribunal constituted under sub-section (1) shall be composed of a District Judge or an Additional District Judge appointed by the Government in consultation with the Supreme Court; and such appointed Judge shall be known as the "Judge, Anti-Terrorism Special Tribunal". (3) A Special Tribunal constituted under this section may be given local jurisdiction over the whole of Bangladesh or over one or more Court Divisions; and such Tribunal shall only try cases of offenses under this Act which are filed or transferred to such Tribunal. (4) The jurisdiction of a District Judge or Additional District Judge to try offenses under this Act shall not be curtailed by the assignment of local jurisdiction to a Special Tribunal constituted over the whole of Bangladesh or a part thereof consisting of one or more Court Divisions; and no case of an offense under this Act pending in the Court of Session shall be transferred to a Special Tribunal having local jurisdiction unless an order to that effect is made by the Government by notification in the Government Gazette. (5) A Special Tribunal shall not be prevented from re-hearing the evidence of a witness whose evidence has been recorded, or from re-hearing the case, or from resuming proceedings taken under sub-section (4), unless it decides otherwise; provided that it may proceed with the case from the stage at which it was left, based on the evidence already recorded or produced. (6) The Special Tribunal may hold its sessions and conduct its proceedings at such place or time as may be specified by order.
29. Procedure of Special Tribunal.-- (1) The Special Tribunal shall not take cognizance of any offense except upon a written report of a police officer not below the rank of Sub-Inspector.
(2) In trying offenses under this Act, the Special Tribunal shall follow the procedure specified in Chapter 23 of the Code of Criminal Procedure, provided such procedure is not inconsistent with the special provisions of this Act.
(3) A Special Tribunal shall not adjourn the trial of any case unless it is necessary for the ends of justice and the reasons are recorded in writing.
(4) Where the Special Tribunal has reason to believe that the accused person is absconding or concealing himself such that he cannot be arrested or brought to trial immediately and there is no possibility of his immediate arrest, the Tribunal may, by order, direct such person to appear before it at a time specified in the order, through publication in at least two Bengali daily newspapers of wide circulation; and if such person fails to comply with such direction, the trial shall be conducted in his absence. (5) The procedure under sub-section (4) shall not apply if the accused person appears before the Special Tribunal or is released on bail and then absconds or fails to appear; in such cases, the Tribunal shall record its decision and conduct the trial in the absence of such person. (6) A Special Tribunal may, on the basis of an application submitted to it or on its own motion, direct a police officer to submit a report on any case of offense committed under this Act for further investigation and inquiry within a specified time.
30. Application of Code of Criminal Procedure to proceedings of Special Tribunal.-- (1) The provisions of the Code of Criminal Procedure, so far as they are not inconsistent with the provisions of this Act, shall apply to the proceedings of the Special Tribunal; and all powers of the Court of Session exercising original jurisdiction shall vest in such Special Tribunal.
(2) The person conducting the case on behalf of the Government in the Special Tribunal shall be deemed to be the Public Prosecutor.
31. Appeal and Confirmation of Death Sentence.-- (1) An appeal may be filed against any order, judgment, or sentence passed by the Special Tribunal to the High Court Division within thirty days from the date of such order, judgment, or sentence.
(2) Where a Special Tribunal passes a death sentence under this Act, the case shall immediately be sent to the High Court Division for confirmation, and the death sentence shall not be carried out until confirmed by the said Division.
32. Provisions relating to Bail.-- No person accused of an offense punishable under this Act shall be released on bail by a Magistrate or Judge, unless --
(a) the State Party is given an opportunity to be heard on the order of such bail; and (b) the Magistrate or Judge is satisfied that there are reasonable grounds for believing that the accused person is not likely to be convicted of the offense, and records the reasons for such satisfaction in writing.
33. Time limit for disposal of cases by Special Tribunal.-- (1) The Judge of the Special Tribunal shall complete the trial of the case within six months from the date of framing of charges (ঈযধৎমব ঋৎধসব).
(2) If the Judge is unable to complete the trial of any case within the time specified under sub-section (1), he may extend the time limit by up to three months by recording the reasons in writing.
(3) If the Judge is unable to complete the trial within the extended period specified under sub-section (2), he may further extend the time limit by up to three months by recording the reasons for such inability in writing and informing the High Court Division and the Government.

Chapter 8
Property Derived from Terrorist Activities
34. Attachment of Property Derived from Terrorist Activities.-- (1) No terrorist or any other person, group, authority, institution, or organization shall enjoy or possess any property derived from terrorist activities or any property or assets given by a terrorist or terrorist group.
(2) Whether or not convicted under this Act, any property derived from terrorist activities held by such terrorist or any other person, group, organization, or institution shall be liable to be attached in favor of the Government.
Explanation.-- Property derived from terrorist activities means any property or assets acquired or obtained through the commission of an offense under this Act.
(3) Any property of any person or authority concerned with an offense under this Act shall be liable to be seized by the Government in response to a request from a foreign state or organization, and shall be disposed of by the Government in accordance with mutual legal assistance or, as the case may be, as determined by the Government. (4) The property of any person or authority shall be liable to be seized under any international, regional, or bilateral treaty, United Nations Convention, or relevant resolution of the United Nations Security Council adopted by the Government.
35. Forfeiture of Property Derived from Terrorist Activities.-- (1) Where the Judge is satisfied that any property has been seized or attached due to arising from any terrorist act, he may order such property to be forfeited.
(2) Where any property derived from a terrorist act is forfeited under sub-section (1), the Government shall take legal measures as provided in Sections 18 and 20 of this Act against the authority from whom such property is forfeited.
(3) Property seized under sub-section (4) of Section 34 of this Act shall be liable to be forfeited and disposed of by the relevant court in light of the relevant treaty, convention, or resolution of the United Nations Security Council.
(4) If any person or authority other than the guilty person or authority has any right, interest, or claim in the forfeited property, it shall be refundable by the relevant court."
36. Notice of Show Cause Before Forfeiture of Property Derived from Terrorist Activities.-- (1) Before making an order for the forfeiture of property derived from terrorist activities, a notice of show cause shall be issued to the person who controls or possesses such property, in accordance with the provisions of the Code of Criminal Procedure, and no order for the forfeiture of property derived from terrorist activities shall be made without providing an opportunity to submit a written reply within the time limit specified in the notice and a reasonable opportunity for hearing.
(2) No order of forfeiture shall be made under sub-section (1) if the person proves that he was not aware that such property was property derived from terrorist activities and that he purchased it for adequate consideration.
37. Appeal.-- (1) Any person affected by an order of forfeiture made under Section 35 may appeal to the High Court Division within one month from the date of receipt of such order.
(2) If an order made under Section 35 is modified or set aside by the High Court Division, or if any case is filed in violation of any provision of this Act, and the person against whom the order of forfeiture under Section 35 was made is acquitted, the forfeited property shall be returned to such person; and if it is not possible to return the forfeited property to such person, such person shall be deemed to have sold the property to the Government and shall pay the value of the property along with reasonable interest calculated from the date of seizure and reasonably determined value.

Chapter 9
Mutual Legal Assistance
38. Mutual Legal Assistance.-- (1) When a terrorist act is committed or abetted, attempted, conspired, or instigated in such a manner that the territory of any foreign state is involved, or when a terrorist act or abetment, attempt, conspiracy, or instigation thereof is committed in the territory of any foreign sovereign state or from within Bangladesh to the territory of any other sovereign state, the Government of Bangladesh, if satisfied, shall provide legal assistance to such foreign state in all matters necessary for criminal investigation, trial, or extradition in accordance with any treaty relating to such matters, upon request by such foreign state, subject to the following provisions of this section.
(2) The terms of legal cooperation shall be determined through formal treaties or exchange of letters between the requesting state and the requested state by mutual agreement.
(3) No citizen of Bangladesh shall be extradited to any foreign state for trial of any offense under this section without the prior consent of the state; provided that no citizen of Bangladesh shall be extradited if the trial for the same offense is pending in any court of Bangladesh. (4) For the purposes of mutual legal assistance under this section, a citizen of Bangladesh may be extradited to any foreign state with his consent to assist in the relevant criminal case or investigation as a witness. (5) If the Government has sufficient reason to believe that a request for legal assistance under this section is made for the purpose of trying or punishing any person on account of his race, religion, nationality, or political opinion, the requested state, Bangladesh, may refuse such request for extradition or mutual legal assistance in respect of any such specific case.

Chapter 10
General Provisions
39. Cognizability and Non-bailability of Offenses.-- (1) All offenses under this Act shall be cognizable (পড়মহরুধনষব).
(2) All offenses under this Act shall be non-bailable (ঘড়হ-নধরষধনষব).
40. Necessity of Previous Sanction for Investigation and Trial.-- (1) No police officer shall investigate any offense under this Act without the previous sanction of the District Magistrate.
(2) No court shall take cognizance (পড়মহরুধহপব) of any offense under this Act without the previous sanction (ংধহপঃরড়হ) of the Government.
41. Transfer of Cases from Special Tribunal and to Special Tribunal.-- The Government may, for reasonable cause and at any stage of the trial before the conclusion of evidence, transfer any case or cases of any offense under this Act from any Court of Session to any Special Tribunal or from any Special Tribunal to any Court of Session.
42. Power to Amend Schedule.-- The Government may, by order published in the Government Gazette, amend the Schedule to this Act.
43. Power to Make Rules.-- The Government may, by notification in the Government Gazette, make rules for the purpose of carrying out the objects of this Act.
44. Authentic Text and English Translation.-- The authentic text of this Act shall be in Bengali and there shall be an authentic English translation of it:
provided that in the event of any conflict between the Bengali and English texts, the Bengali text shall prevail.
45. Repeal and Savings.-- (1) The Anti-Terrorism Ordinance, 2008 (Ordinance No. 28 of 2008) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the repealed Ordinance shall be deemed to have been done or taken under this Act.

Schedule (See Section 18)
1 2 3 4 5
Serial No. Name of Organization Address Date of Prohibition Remarks Ashfaq Hamid Secretary.

BFIU Circular No. 08: Guidelines on Prevention of Money Laundering & Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions

Annexure - 2
Registration No. D A - 1
Bangladesh Gazette
Extraordinary Issue
Published by Authority

Lineage: In force

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BFIU Circular No. 08: Guidelines on Prevention of Money Laundering & Combating Financing of Terrorism for Designated Non-Financial Businesses and Professions

Annexure - 2 Registration No. D A - 1 Bangladesh Gazette Extraordinary Issue Published by Authority

Lineage: In force

Similar documents from other regulators

Annexure - 2
Registration No. D A - 1
Bangladesh Gazette
Extraordinary Issue
Published by Authority