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Money Laundering Prevention Act, 2012

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(1)
(2)

Money Laundering Prevention Act,

2012

2.I-“investigation agency”

Who will investigate the money laundering

offences?

Any investigation agency who are

empowered to investigate predicate offences.

In case Bangladesh Police empowered to investigate any

offences, the Criminal Investigation Department(CID)

will investigate those offences.

In consultation with Government,

Bangladesh Financial Intelligence Unit can authorized any

one or more investigation

agency/s mentioned above.

(3)

S. 2. W---“reporting organization” 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;

(4)
(5)

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;

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;

(6)

Section 4

Offence of money laundering and punishment

Offences Imprisonment Fine

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.

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

.

(7)

Section 4

Offence of money laundering and punishment

Offences Imprisonment Fine Additional

in addition to this the

registration of the said entity shall be liable to be cancelled.

Any entity which commits an

offence

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.

(8)

Section 5---Punishment for violation of an order for freezing or attachment.

Offences Imprisonment Fine

Any person who violates a

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.

(9)

Section 6---Punishment for divulging information.

Offences Imprisonment Fine

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.

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

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.

(10)

Section 7---Punishment for obstruction or non-cooperation in investigation, failure to submit report or obstruction in the supply of information.-

Offences Imprisonment Fine

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.

(2) Any person who is convicted under sub- section (1) shall be punished with

imprisonment for a term not exceeding 1 (one) year or

with a fine not exceeding

taka 25 (twenty five)

thousand or with both.

(11)

Section 8-- Punishment for providing false information.

Offences Imprisonment Fine

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.

(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

a fine not exceeding

taka 50 (fifty) thousand

or with both.

(12)

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