Jibon
Jibon
Jibon
Chapter One
Introductory Chapter
1.1 Introduction :
In highly interconnected world, money laundering has become a widespread and secretive form
of financial crime that damages global economies. It erodes trust in financial systems and
enables criminals to expand their illegal activities. Money laundering is a complex process
involving hiding the origins of illegally obtained money, enabling criminals to make their profits
appear legitimate and mix them with legal funds. As financial systems advance, so do the
methods used for money laundering, making it more and more challenging for law enforcement
and regulators to address this issue. Money laundering is the process of transforming “dirty”
money, earned from criminal activities such as drug trafficking, human trafficking, corruption,
fraud, or terrorism, into “clean” money with no apparent illegal origins. The primary goal of
money laundering is to create the illusion of legitimate wealth, making it difficult for authorities
to trace the funds back to their illegal sources.
Money laundering poses significant threats to the financial integrity and economic stability of
nations, including Bangladesh. This review explores the legal framework, enforcement
mechanisms, challenges, and recent developments regarding money laundering laws in
Bangladesh. "Money Laundering in Bangladesh: A Legal Perspective" by Mohammad Zubair
Hossain "Anti-Money Laundering in Bangladesh" by Sayed S. Masud"Legal Framework of Money
Laundering in Bangladesh" by Kazi Abdur Rahman "Money Laundering: A Comprehensive
Study" by Md. Ahsanul Haque “Understanding Money Laundering" by Shamsul Hoque "The
Fight Against Money Laundering in Bangladesh" by Md. Ashikur Rahman "Banking Regulations
and Money Laundering" by Nazmul Ahsan "Economic Crime and Anti-Money Laundering" by S.
A. S. M. Zaman "Combating Money Laundering: The Role of Law Enforcement" by Zubair A. A. A.
"International Standards and Bangladesh: A Review of AML Laws" by M. H. Khan.
1.9 Conclusion
Money laundering is currently the main concern for major financial
institutions. The financial crime must have been understood,
investigated, and combated effectively by the growing international
industry, as well as any individual country. We should all fight money
laundering because that reduces government income, disrupts asset and
input costs, and causes resource misapplication. The breakdown of
creditworthiness and shareholder trust that such disasters can cause has
the potential to adversely affect the financial sector, compared to smaller
economies such as Bangladesh. As a result, money laundering
prevention is critical. On the basis of confirmatory factor findings In terms
of identifying suspicious money laundering wrongdoings, we can
strongly advise that they be resolved by inspecting the involvement of
various domestic offenders with different networks and introducing
rigorous anti-corruption measures, which will actually require integration of
the Federal Revenue department, strict regulatory implementation, and
encourage from specialists to detect offenders in serious instances,
collaborating with local law enforcement and implementation officials, and
creating emphasizing the importance of human resources.
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Chapter Two
Money Laundering and It,s Availability
2.1Introduction
According to the Section 2(v) of the Money Laundering Prevention Act, 2012-Money Laundering
mens –
(i) knowingly move, convert, or transfer proceeds of crime or property involved in an offence
for the following purposes:
(1) concealing or disguising the illicit origin/nature, source, location, ownership or control of the
proceeds of crime; or
(2) assist any person for evading the legal consequences of his or her action who is involved in
the commission of the predicate offence;
(ii) smuggle funds or property abroad earned through legal or illegal means;
(iii) knowingly transfer or remit the proceeds of crime into or out of Bangladesh with the
intention of hiding or disguising its illegal source;
(iv) conclude or attempt to conclude financial transactions in such a manner as to avoid
reporting requirement under this Ordinance.
(v) convert or movement or transfer property with the intention to instigate or assist the
carrying out of a predicate offence;
(vi) acquire, possess or use property, knowing that such property is the proceeds of a predicate
offence; or
(vii) perform such activities so that illegal source of the proceeds of crime may be concealed or
disguised; or
(viii) participate in, associate with, conspire to commit, attempt to commit or abet, instigate or
counsel to commit any offences mentioned above.
The historical background of money laundering prevention activities reflects the growing
recognition of the need to combat the illicit flow of criminal proceeds through the global
financial system. The development of these activities has evolved over decades, from early
awareness in the 20th century to the establishment of comprehensive international
frameworks in the 21st century.
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Placement - the physical disposal of the initial proceeds derived from illegal activity.
Layering - separating illicit proceeds from their source by creating complex layers of financial
transactions designed to disguise the audit trail and provide anonymity.
Integration - the provision of apparent legitimacy to wealth derived criminally. If the layering
process has succeeded, integration schemes place the laundered proceeds back into the
economy in such a way that they re-enter the financial system appearing as normal business
funds.
2.5 Conclusion
Money laundering is a complex financial crime that involves disguising the origins of illegally
obtained money. Its availability stems from various factors, including the growth of the global
economy, technological advancements, and weaknesses in regulatory frameworks.In
conclusion, the prevalence of money laundering poses significant risks to financial systems,
governance, and social stability. Efforts to combat it require robust international cooperation,
improved regulatory measures, and advancements in technology to trace and monitor
suspicious transactions. Continuous education and awareness are also vital to strengthen
institutional responses and reduce opportunities for laundering activities. Addressing these
challenges is essential for safeguarding the integrity of financial systems worldwide.
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Chapter Three
Existing Situation of Money Laundering in Bangladesh
3.1 Introduction
Money laundering remains a significant challenge in Bangladesh, with both domestic and
international implications for the economy and the financial system. Despite legal frameworks
and international commitments to combat this issue, the country continues to face difficulties
in fully addressing money laundering activities. These activities often involve complex financial
transactions designed to conceal the origin of illegal funds, making it a persistent problem for
regulators, financial institutions, and law enforcement agencies.
1
"Bangladesh: Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) Compliance." Financial
Action Task Force (FATF) reports and evaluations.
2 The Daily Star (2023). "Money Laundering: A Persistent Issue in Bangladesh."
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2
Money Laundering Prevention Act 2012 (MLPA): The primary legal framework regulating money laundering
prevention in Bangladesh.
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3
Money Laundering Prevention Act 2012: Defines the legal framework for preventing money laundering, with
direct oversight by Bangladesh Bank for its enforcement in the banking sector.
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relevant law enforcement agency and provide all necessary cooperation to facilitate their
inquiries and investigations into the matter.
(3) If the trial of any offence committed in another country is pending, Bangladesh Bank shall
take steps to seize the accounts of any person or entity pursuant to any international, regional
or bilateral agreement, United Nations conventions ratified by the Government of Bangladesh
or respective resolutions of the United Nations Security Council.
(4) The fund seized under sub-section (3) shall be subject to disposal by the concerned court
pursuant to the concerned agreements,conventions or resolutions adopted by the United
Nations Security Council.
(5) In order to dispose of the responsibilities mentioned in sub-sections (1) to (3),
governmental, semi-governmental, autonomous bodies shall provide requested information or,
as the case may be, spontaneously provide information to the Bangladesh Financial Intelligence
Unit.
(6) The Bangladesh Financial Intelligence Unit shall, on demand or, as the cases may be,
spontaneously provide information relating to terrorist activities or financing of terrorist
activities to financial intelligence units of other countries.
(7) For the purpose of investigation relating to financing of terrorist activities, the law
enforcement agencies shall have the right to access any document or file of any bank under the
following conditions:
(a) with an order from a competent court or tribunal; or
(b) with the approval of the Bangladesh Bank.
(3)If any reporting organization fails to provide with the requested information timely under
this section, Bangladesh Bank may impose a fine on such organization which may extend to a
maximum of Taka 5 (five) lacs at the rate of Taka 10 (ten) thousand per day and if any
organization is fined more than 3(three) times in 1(one) financial year, Bangladesh Bank may
suspend the registration or license of the organization or any of its branches, service centers,
booths or agents for the purpose of closing its operation within Bangladesh or, as the case may
be, shall inform the registration or licensing authority about the fact so as to the relevant
authority may take appropriate measures against the organization.
(4)If any reporting organization provides with false information or statement requested under
this section, Bangladesh Bank may impose a fine on such organization not less than Taka 20
(twenty) thousand but not exceeding Taka 5 (five) lacs and if any organization is fined more
than 3(three) times in 1(one) financial year, Bangladesh Bank may suspend the registration or
license of the organization or any of its branches, service centers, booths or agents for the
purpose of closing its operation within Bangladesh or, as the case may be, shall inform the
registration or licensing authority about the fact so as to the relevant authority may take
appropriate measures against the said organization.
(5) If any reporting organization fails to comply with any instruction given by Bangladesh Bank
under this Act, Bangladesh Bank may impose a fine on such organization which may extend to a
maximum of Taka 5 (five) lacs at the rate of Taka 10 (ten) thousand per day for each of such
non compliance and if any organization is fined more than 3(three) times in 1(one) financial
year, Bangladesh Bank may suspend the registration or license of the organization or any of its
branches, service centers, booths or agents for the purpose of closing its operation within
Bangladesh or, as the case may be, shall inform the registration or licensing authority about the
fact so as to the relevantauthority may take appropriate measures against the said
organization.
(6) If any reporting organization fails to comply with any order for freezing or suspension of
transaction issued by Bangladesh Bank under clause (c) of sub-section 23(1) of MLPA, 2012,
Bangladesh Bank may impose a fine on such organization not less than the balance held on that
account but not more than twice of the balance held at the time of issuing the order.
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The Money Laundering Prevention Act, 2012 (MLPA 2012)
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(7) If any person or entity or reporting organization fails to pay any fine imposed by Bangladesh
Bank under sections 23 and 25 of this Act, Bangladesh Bank may recover the fine from accounts
maintained in the name of the relevant person, entity or reporting organization in any bank or
financial institution or Bangladesh Bank, and in this regard if any amount of the fine remains
unrealized, Bangladesh Bank may, if necessary, make an application before the court for
recovery and the court may pass such order as it deems fit.
(8) If any reporting organization is imposed fine under sub-sections 23 (3), (4), (5) and (6),
Bangladesh Bank may also impose a fine not less than Taka 10 (ten) thousand but not exceeding
taka 5 (five) lacs on the responsible owner, directors, officers and staff or persons employed on
contractual basis of that reporting organization and, where necessary, may direct the relevant
organization to take necessary administrative actions.
3.6 Conclusion
In conclusion, while Bangladesh has made significant strides in strengthening its legal and
institutional frameworks to combat money laundering, challenges remain in effective
enforcement and implementation. The country has enacted various laws, such as the Money
Laundering Prevention Act 2012, and has established regulatory bodies like the Bangladesh
Financial Intelligence Unit (BFIU) to oversee compliance. However, issues such as a lack of
awareness, limited resources, and weaknesses in coordination between agencies hinder the full
effectiveness of these laws. Additionally, the informal financial sector and political influence
continue to pose obstacles in detecting and preventing money laundering activities. To enhance
the effectiveness of anti-money laundering (AML) efforts, Bangladesh needs to improve
institutional capacity, increase transparency, and foster greater international cooperation in the
global fight against illicit financial flows.