Money Laundering Offences and Investigations in Bangladesh
Bangladesh's Financial Intelligence Unit can authorize investigation agencies to investigate predicate offences, but who will investigate money laundering offences? The Money Laundering Prevention Act, 2012 outlines penalties and forfeiture of property for such offenses. Entities such as banks, financial institutions, lawyers, and others are defined as reporting organizations. The Act specifies imprisonment and fines for those involved in money laundering, with potential cancellation of entity registration for offenders.
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Presentation Transcript
In consultation with Government, Bangladesh Financial Intelligence Unit can authorized any one or more investigation agency/s mentioned above. In case Bangladesh Police empowered to investigate any offences, the Criminal Investigation Department(CID) will investigate those offences. Any investigation agency who are empowered to investigate predicate offences. Who will investigate the money laundering offences? Money Laundering Prevention Act, 2012 2.I- investigation agency
S. 2. W-----reportingorganization means bank; financial institution; insurer; money changer; stock dealer and stock broker non-profit organization non-profit organization, non government organization, cooperative society; real estate developer; dealer in precious metals or stones; trust and company service provider; lawyer, notary, other legal professional and accountant;
S. 2. Y----------entity means any kind of legal entity, statutory body, commercial or non commercial organization, partnership firm, cooperative society or any organization comprising one or more than one person;
Section 4 Offence of money laundering and punishment Additional In addition to any fine or punishment, the court may pass an order to forfeit the property of the convicted person in favour of the State which directly or indirectly involved in or related with money laundering or any predicate offence. Offences Imprisonment Fine Any person who commits or abets or conspires to commit the offence of money laundering, shall be punished with imprisonment for a term of at least 4(four) years but not exceeding 12(twelve) years in addition to that, a fine equivalent to the twice of the value of the property involved in the offence or taka 10(ten) lacks, whichever is greater. In case of failure, the court may order for imprisonment.
Section 4 Offence of money laundering and punishment Additional in addition to this the registration of the said entity shall be liable to be cancelled. Offences Any entity which commits an offence Imprisonment Fine shall be punished with a fine of not less than twice of the value of the property or taka 20(twenty) lacks, whichever is greater . In case of failure, the court may order for imprisonment.
Section 5---Punishment for violation of an order for freezing or attachment. Offences Imprisonment Fine Any person who violatesa freezing or attachment order issued under this Act shall be punished with imprisonment for a term not exceeding 3 (three) years or with a fine equivalent to the value of the property subject to freeze or attachment, or with both.
Section 6-----Punishment for divulging information. Offences No person shall, with an ill motive, divulge any information relating to the investigation or any other related information to any person, organization or news media. Imprisonment Any person who contravenes the provisions of sub-sections (1) and (2) shall be punished with imprisonment for a term not exceeding 2 (two) years or Fine a fine not exceeding taka 50 (fifty) thousand or with both. Any person, institution or agent empowered under this Act shall refrain from using or divulging any information collected, received, retrieved or known by the person, institution or agent during the course of employment or appointment, or after the expiry of any contract of service or appointment for any purpose other than the purposes of this Act.
Section 7------Punishment for obstruction or non-cooperation in investigation, failure to submit report or obstruction in the supply of information.- Offences 1) Any person who, under this Act obstructs or declines to cooperate with any investigation officer for carrying out the investigation; or declines to supply information or submit a report being requested without any reasonable ground; shall be deemed to have committed an offence under this Act. Imprisonment (2) Any person who is convicted under sub-section (1) shall be punished with imprisonment for a term not exceeding 1 (one) year or Fine with a fine not exceeding taka 25 (twenty five) thousand or with both.
Section 8--Punishment for providing false information. Offences 1) No person shall knowingly provide false information in any manner regarding the source of fund or self identity or the identity of an account holder or the beneficiary or nominee of an account. Imprisonment (2) Any person who violates the provision of sub-section (1) shall be punished with imprisonment for a term not exceeding 3 (three) years or Fine a fine not exceeding taka 50 (fifty) thousand or with both.
