MANAGING CORE RISKS

IN BANKING:




GUIDANCE NOTES ON PREVENTION
OF MONEY LAUNDERING














BANGLADESH BANK







Focus Group on Prevention of Money Laundering

Coordi nat or

Md. Atiqur Rahman
Deputy General Manager
Anti-Money Laundering Department
Bangladesh Bank

Members

Chowdhury M.A.Q. Sarwar
Head of Compliance and Human Resources
Citibank N.A., Bangladesh

Iqbal U. Ahmed, Managing Director (CC)
Trust Bank Limited

Md. Anwar Hossain
Executive Vice President
Prime Bank Limited

Debasish Choudhury
Senior Principal Officer
Rupali Bank Limited

Md.Abdullah Al-Mamun
Manager
Compliance & Control
HSBC, Bangladesh


Table of Contents

CHAPTER I : BACKGROUND
Introduction.......................................................................................................................... 1
What is Money Laundering.................................................................................................. 2
Why Money Laundering is done.......................................................................................... 3
Why we must combat Money Laundering........................................................................... 4
Stages of Money Laundering............................................................................................... 5
Vulnerability of the Financial System to Money Laundering............................................. 6
How Financial Institutions Can Combat Money Laundering.............................................. 8
International Anti-Money Laundering Initiatives................................................................ 8
CHAPTER II: WHAT THE LAW REQUIRES
Requirements under the Money Laundering Prevention Act 2002……………………….. 15
The Offence of Money Laundering……………………………………………………….. 15
Penalties for Money Laundering………………………………………………………….. 16
Responsibilities of Bangladesh Bank……………………………………………………... 17
CHAPTER III: ANTI MONEY LAUNDERING POLICY
Senior Management Commitment………………………………………………………... 18
Written Anti-Money Laundering Compliance Policy……………………………………. 18
CHAPTER IV: ORGANIZATIONAL STRUCTURE
Designation of Anti-Money Laundering Compliance Officers…………………………... 20
Organization Structure……………………………………………………………………. 23
CHAPTER V : IDENTIFICATION PROCEDURES
Introduction……………………………………………………………………………….. 26
Know Your Customer (KYC) Policies And Procedures…………………………………. 27
Customer Acceptance Policy……………………………………………………………... 28
Customer Identification…………………………………………………………………… 28
What Constitutes a Person’s Identity……………………………………………………... 29
Individual Customers……………………………………………………………………... 30
Persons without Standard Identification Documentation………………………………… 32
Corporate Bodies and other Entities……………………………………………………… 32
Partnerships and Unincorporated Businesses…………………………………………….. 34
Powers of Attorney/ Mandates to Operate Accounts…………………………………….. 34
Requirements in respect of Accounts Commenced Prior to 30 April 2002……………… 34
Internet or Online Banking……………………………………………………………….. 35
Provision of Safe Custody and Safety Deposit Boxes……………………………………. 36
Timing and Duration of Verification……………………………………………………... 36
CHAPTER VI: ANTI MONEY LAUNDERING PROCESSES
Know Your Customer Procedures………………………………………………………... 37
Risk categorization – Based on Activity/KYC Profile…………………………………… 38
Transaction Monitoring Process………………………………………………………….. 38
Suspicious Activity Reporting Process…………………………………………………… 39
Self- Assessment Process………………………………………………………………….. 40
System of Independent Procedures Testing………………………………………………. 40
CHAPTER VII: RECORD KEEPING
Statutory Requirements…………………………………………………………………… 41
Documents Verifying Evidence of Identity and Transaction Records……………………. 41
Formats and Retrieval of Records………………………………………………………… 42
Wire Transfer Transactions……………………………………………………………….. 42
Investigations……………………………………………………………………………… 43

Training Records………………………………………………………………………….. 43
CHAPTER VIII: RECOGNITION AND REPORTING OF SUSPICIOUS TRANSACTIONS
Recognition of Suspicious Transactions………………………………………………….. 44
Reporting of Suspicious Transactions…………………………………………………….. 44
Internal Reporting Procedures and Records………………………………………………. 46
Reporting Procedures……………………………………………………………………... 47
CHAPTER IX: TRAINING AND AWARENESS
Statutory Requirements…………………………………………………………………… 48
The Need for Staff Awareness……………………………………………………………. 48
Education and Training Programs ………………………………………………………… 48
New Employees…………………………………………………………………………… 49
Customer Service/Relationship Managers/Tellers/Foreign Exchange Dealers…………… 49
Processing (Back Office) Staff……………………………………………………………. 49
Senior Management/Operations Supervisors and Managers……………………………… 50
Anti Money Laundering Compliance Officer…………………………………………….. 50
Refresher Training………………………………………………………………………… 50
ANNEXURES
Annexure A: Model Account Application Form for Individual Accounts……………….. 51
Annexure B: Model Account Application Form for Corporate Accounts………………... 54
Annexure C: Model Transaction Profile………………………………………………….. 56
Annexure D: KYC Profile Form………………………………………………………….. 58
Annexure E: Identification of Directors & Authorized Signatories………………………. 64
Annexure F: Explanation to Walk- in / One-off Customers………………………………. 65
Annexure G: Examples of Potentially Suspicious Transactions………………………….. 66
Annexure H: Internal Suspicious Activity Report Form…………………………………. 72
Annexure I: Internal Control Checklist…………………………………………………… 74
Annexure J: Money Laundering Prevention Act, 2002 (English version with amendment) )…… 76
Annexure K:Money Laundering Prevention Act, 2003 (Bangla with amendment)……… 81

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CHAPTER I: BACKGROUND

1.1 Introduction

1.1.1 These Guidance Notes have been prepared by the Focus Group on Prevention of Money
Laundering, which was established under the aegis of the Bangladesh Bank to oversee the issue
of guidelines to facilitate the implementation of the Prevention of Money Laundering Act 2002,
the Rules and Directives of the Bangladesh Bank. These guidelines are recommendations as to
good practice but do not constitute a legal interpretation of the Act. The Focus Group on
Prevention of Money Laundering included representatives from Bangladesh Bank, nationalized
commercial banks, private commercial banks and foreign banks operating in Bangladesh.

1.1.2 In recognition of the fact that financial institutions may be particularly vulnerable to being used
by money launderers, Bangladesh Bank as part of its supervisory process, will assess the
adequacy of procedures adopted to counter money laundering and the degree of compliance
with such procedures.

1.1.3 These Guidance Notes are designed to assist Banks and other Financial Institutions in
complying with the Bangladesh’s money laundering regulations. The Central Bank intends to
use these Guidance Notes as criteria against which it will assess the adequacy of the internal
controls, policies and procedures to counter money laundering of institutions subject to its
supervision.

1.1.4 It is recognized that Banks and other Financial Institutions may have systems and procedures in
place which, whilst not identical to those outlined in these Guidance Notes, nevertheless impose
controls and procedures which are at least equal to, if not higher than, those contained in these
Guidance Notes. This will be taken into account by the Bangladesh Bank in the assessment of a
Banks and other Financial Institutions systems and controls and compliance with the
Regulations.

1.1.5 An overriding aim of the Money Laundering Regulations and these Guidance Notes is to ensure
that appropriate identification information is obtained in relation to the customers of Banks and
other Financial Institutions and the payments made between them. This is both to assist the
detection of suspect transactions and to create an effective "audit trail" in the event of an
investigation subsequently proving necessary.

1.1.6 In some respects, these Guidance Notes go beyond the requirements of the Money Laundering
Regulations. Nonetheless, it is expected that all institutions conducting relevant financial
business pay due regard to these Guidance Notes in developing responsible anti- money
laundering procedures suitable to their situation. If a Bank or other Financial Institution appears
not to be doing so then Bangladesh Bank may seek an explanation and may conclude that the
Bank or other Financial Institution is carrying on business in a manner that may give rise to
sanctions under the applicable legislation.

1.1.7 It is important that the management of Banks and other Financial Institutions view money-
laundering prevention as part of their risk management strategies and not simply as a stand -
alone requirement that is being imposed by the legislation. Money laundering prevention should
not be viewed in isolation from an institution’s other business systems and needs.


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1.1.8 Throughout these Guidance Notes there is reference to an ‘account’ or ‘accounts’ and
procedures to be adopted in relation to them. This is a matter of convenience and has been done
for illustrative purposes. It is recognized that these references may not always be appropriate to
all types of relevant financial business covered by the Regulations.

1.1.9 Where there are provisions in these guidelines relating to an account or accounts these will have
relevance to mainstream banking activity but should, by analogy, be adapted appropriately to
the situations covered by other relevant business. For example ‘account’ could refer to bank
accounts, fixed deposits or other investment product, trusts or a business relationship etc.

1.2 What is Money Laundering?

1.2.1 A definition of what constitutes the offence of money laundering under Bangladesh law is set
out in Section 2 (Tha) of the Prevention of Money Laundering Act 2002 (Act No. 7 of 2002)
which is reads as follows: “Money Laundering means -
(Au) Properties acquired or earned directly or indirectly through illegal means;
(Aa) Illegal transfer, conversion, concealment of location or assistance in the above act of the
properties acquired or earned directly of indirectly through legal or illegal means; “

1.2.3 Properties has been defined in section 2(Da) of the Act as “Properties means movable or
immovable properties of any nature and description.

1.2.4 “The U.S. Customs Service, an arm of the Department of the Treasury, provides a lengthy
definition of money laundering as "the process whereby proceeds, reasonably believed to
have been derived from criminal activity, are transported, transferred, transformed, converted
or intermingled with legitimate funds for the purpose of concealing or disguising the true
nature, source, disposition, movement or ownership of those proceeds. The goal of the
money-laundering process is to make funds derived from, or associated with, illicit activity
appear legitimate."

1.2.5 Another definition of Money Laundering under U.S Law is, “… the involvement in any one
transaction or series of transactions that assists a criminal in keeping, concealing or disposing
of proceeds derived from illegal activities.”


1.2.6 The EU defines it as "the conversion or transfer of property, knowing that such property is
derived from serious crime, for the purpose of concealing or disguising the illicit origin of the
property or of assisting any person who is involved in committing such an offence or offences
to evade the legal consequences of his action, and the concealment or disguise of the true
nature, source, location, disposition, movement, rights with respect to, or ownership of
property, knowing that such property is derived from serious crime."

1.2.7 A concise working definition was adopted by Interpol General Secretariat Assembly in 1995,
which defines money laundering as: "Any act or attempted act to conceal or disguise the
identity of illegally obtained proceeds so that they appear to have originated from legitimate
sources".

1.2.8 The Joint Money Laundering Sterling Group (JMLSG) of the U.K. defines it as "the process
whereby criminals attempt to hide and disguise the true origin and ownership of the proceeds

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of their criminal activities, thereby avoiding prosecutions, conviction and confiscation of their
criminal funds".

1.2.9 In lay terms Money Laundering is most often described as the “turning of dirty or black
money into clean or white money”. If undertaken successfully, money laundering allows
criminals to legitimize "dirty" money by mingling it with "clean" money, ultimately providing
a legitimate cover for the source of their income. Generally, the act of conversion and
concealment is considered crucial to the laundering process.


1.3 Why Money Laundering is done?

Criminals engage in money laundering for three main reasons:

1.3.1 First, money represents the lifeblood of the organization that engages in criminal conduct for
financial gain because it covers operating expenses, replenishes inventories, purchases the
services of corrupt officials to escape detection and further the interests of the illegal enterprise,
and pays for an extravagant lifestyle. To spend money in these ways, criminals must make the
money they derived illegally appear legitimate.

1.3.2 Second, a trail of money from an offense to criminals can become incriminating evidence.
Criminals must obscure or hide the source of their wealth or alternatively disguise ownership or
control to ensure that illicit proceeds are not used to prosecute them.

1.3.3 Third, the proceeds from crime often become the target of investigation and seizure. To shield
ill- gotten gains from suspicion and protect them from seizure, criminals must conceal their
existence or, alternatively, make them look legitimate.

1.4 Why we must combat Money Laundering

1.4.1 Money laundering has potentially devastating economic, security, and social consequences.
Money laundering is a process vital to making crime worthwhile. It provides the fuel for drug
dealers, smugglers, terrorists, illegal arms dealers, corrupt public officials, and others to operate
and expand their criminal enterprises. This drives up the cost of government due to the need for
increased law enforcement and health care expenditures (for example, for treatment of drug
addicts) to combat the serious consequences that result. Crime has become increasingly
international in scope, and the financial aspects of crime have become more complex due to
rapid advances in technology and the globalization of the financial services industry.

1.4.2 Money laundering diminishes government tax revenue and therefore indirectly harms honest
taxpayers. It also makes government tax collection more difficult. This loss of revenue
generally means higher tax rates than would normally be the case if the untaxed proceeds of
crime were legitimate. We also pay more taxes for public works expenditures inflated by
corruption. And those of us who pay taxes pay more because of those who evade taxes. So we
all experience higher costs of living than we would if financial crime—including money
laundering—were prevented.


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1.4.3 Money laundering distorts asset and commodity prices and leads to misallocation of resources.
For financial institutions it can lead to an unstable liability base and to unsound asset structures
thereby creating risks of monetary instability and even systemic crises. The loss of credibility
and investor confidence that such crises can bring has the potential of destabilizing financial
systems, particularly in smaller economies.

1.4.4 One of the most serious microeconomic effects of money laundering is felt in the private sector.
Money launderers often use front companies, which co- mingle the proceeds of illicit activity
with legitimate funds, to hide the ill- gotten gains. These front companies have access to
substantial illicit funds, allowing them to subsidize front company products and services at
levels well below market rates. This makes it difficult, if not impossible, for legitimate business
to compete against front companies with subsidized funding, a situation that can result in the
crowding out of private sector business by criminal organizations.

1.4.5 No one knows exactly how much "dirty" money flows through the world's financial system
every year, but the amounts involved are undoubtedly huge. The International Money Fund has
estimated that the magnitude of money laundering is between 2 and 5 percent of world gross
domestic product, or at least USD 800 billion to USD1.5 trillion. In some countries, these illicit
proceeds dwarf government budgets, resulting in a loss of control of economic policy by
governments. Indeed, in some cases, the sheer magnitude of the accumulated asset base of
laundered proceeds can be used to corner markets -- or even small economies.

1.4.6 Among its other negative socioeconomic effects, money laundering transfers economic power
from the market, government, and citizens to criminals. Furthermore, the sheer magnitude of
the economic power that accrues to criminals from money laundering has a corrupting effect on
all elements of society.

1.4.7 The social and political costs of laundered money are also serious as laundered money may be
used to corrupt national institutions. Bribing of officials and governments undermines the moral
fabric in society, and, by weakening collective ethical standards, corrupts our democratic
institutions. When money laundering goes unchecked, it encourages the underlying criminal
activityfrom which such money is generated.

1.4.8 Nations cannot afford to have their reputations and financial institutions tarnished by an
association with money laundering, especially in today's global economy. Money laundering
erodes confidence in financial institutions and the underlying criminal activity -- fraud,
counterfeiting, narcotics trafficking, and corruption -- weaken the reputation and standing of
any financial institution. Actions by banks to prevent money laundering are not only a
regulatory requirement, but also an act of self- interest. A bank tainted by money laundering
accusations from regulators, law enforcement agencies, or the press risk likely prosecution, the
loss of their good market reputation, and damaging the reputation of the country. It i s very
difficult and requires significant resources to rectify a problem that could be prevented with
proper anti-money-laundering controls.

1.4.9 It is generally recognized that effective efforts to combat money laundering cannot be carried
out without the co-operation of financial institutions, their supervisory authorities and the law
enforcement agencies. Accordingly, in order to address the concerns and obligations of these
three parties, these Guidance Notes were drawn up.


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1.5 Stages of Money Laundering

1.5.1 There is no single method of laundering money. Methods can range from the purchase and
resale of a luxury item (e.g. a house, car or jewellery) to passing money through a complex
international web of legitimate businesses and 'shell' companies (i.e. those companies that
primarily exist only as named legal entities without any trading or business activities). There
are a number of crimes where the initial proceeds usually take the form of cash that needs to
enter the financial system by some means. Bribery, extortion, robbery and street level
purchases of drugs are almost always made with cash. This has a need to enter the financial
system by some means so that it can be converted into a form which can be more easily
transformed, concealed or transported. The methods of achieving this are limited only by the
ingenuity of the launderer and these methods have become increasingly sophisticated.

1.5.2 Despite the variety of methods employed, the laundering is not a single act but a process
accomplished in 3 basic stages which may comprise numerous transactions by the launderers
that could alert a financial institution to criminal activity -

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.

1.5.3 The three basic steps may occur as separate and distinct phases. They may also occur
simultaneously or, more commonly, may overlap. How the basic steps are used depends on the
available laundering mechanisms and the requirements of the criminal organisations. The table
below provides some typical examples.

Placement stage

Cash paid into bank
(sometimes with staff
complicity or mixed with
proceeds of legitimate
business).

Cash exported.

Cash used to buy high value
goods, property or business
assets.

Cash purchase of single
premium life insurance or other
investment.
Layering stage

Sale or switch to other forms of
investment.

Money transferred to assets of
legitimate financial
institutions.

Telegraphic transfers (often
using fictitious names or funds
disguised as proceeds of
legitimate business).

Cash deposited in outstation
branches and even overseas
banking system.
Integration stage

Redemption of contract or
switch to other forms of
investment.

False loan repayments or
forged invoices used as
cover for laundered
money.

Complex web of transfers
(both domestic and
international) makes
tracing original source of
funds virtually impossible.

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Resale of goods/assets.

1.6 Vulnerability of the Financial System to Money Laundering

1.6.1 Money laundering is often thought to be associated solely with banks and moneychangers. All
financial institutions, both banks and non-banks, are susceptible to money laundering activities.
Whilst the traditional banking processes of deposit taking, money transfer systems and lending
do offer a vital laundering mechanism, particularly in the initial conversion from cash, it should
be recognised that products and services offered by other types of financial and non-financial
sector businesses are also attractive to the launderer. The sophisticated launderer often involves
many other unwitting accomplices such as currency exchange houses, stock brokerage houses,
gold dealers, real estate dealers, insurance companies, trading companies and others selling high
value commodities and luxury goods.

1.6.2 Certain points of vulnerability have been identified in the laundering process, which the money
launderer finds difficult to avoid, and where his activities are therefore more susceptible to
being recognized. These are:

§ entry of cash into the financial system;
§ cross-border flows of cash; and
§ Transfers within and from the financial system.


1.6.3 Financial institutions should consider the money laundering risks posed by the products and
services they offer, particularly where there is no face-to-face contact with the customer, and
devise their procedures with due regard to that risk.

1.6.4 Although it may not appear obvious that the products might be used for money laundering
purposes, vigilance is necessary throughout the financial system to ensure that weaknesses
cannot be exploited.

1.6.5 Banks and other Financial Institutions conducting relevant financial business in liquid products
are clearly most vulnerable to use by money launderers, particularly where they are of high
value. The liquidity of some products may attract money launderers since it allows them
quickly and easily to move their money from one product to another, mixing lawful and illicit
proceeds and integrating them into the legitimate economy.

1.6.6 All banks and non-banking financial institutions, as providers of a wide range of money
transmission and lending services, are vulnerable to being used in the layering and integration
stages of money laundering as well as the placement stage.

1.6.7 Electronic funds transfer systems increase the vulnerability by enabling the cash deposits to be
switched rapidly between accounts in different names and different jurisdictions.

1.6.8 However, in addition, banks and non-banking financial institutions, as providers of a wide range
of services, are vulnerable to being used in the layering and integration stages. Other loan
accounts may be used as part of this process to create complex layers of transactions.


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1.6.9 Some banks and non-banking financial institutions may additionally be susceptible to the
attention of the more sophisticated criminal organizations and their “professional money
launderers”. Such organizations, possibly under the disguise of front companies and nominees,
may create large scale but false international trading activities in order to move their illicit
monies from one country to another. They may create the illusion of international trade using
false/inflated invoices to generate apparently legitimate international wire transfers, and may
use falsified/bogus letters of credit to confuse the trail further. Many of the front companies
may even approach their bankers for credit to fund the business activity. Banks and non-
banking financial institutions offering international trade services should be on their guard for
laundering by these means.

1.6.10 Investment and merchant banking businesses are less likely than banks and money changers
to be at risk during the initial placement stage.

1.6.11 Investment and merchant banking businesses are more likely to find them being used at the
layering and integration stages of money laundering. The liquidity of many investment
products particularly attracts sophisticated money laundering since it allows them quickly and
easily to move their money from one product to another, mixing lawful and illicit proceeds and
integrating them into the legitimate economy.

1.6.12 Although it may not appear obvious that insurance and retail investment products might be
used for money laundering purposes, vigilance is necessary throughout the financial system to
ensure that non traditional banking products and services are not exploited.

1.6.13 Intermediaries and product providers who deal direct with the public may be used at the initial
placement stage of money laundering, particularly if they receive cash. Premiums on insurance
policies may be paid in cash, with the policy subsequently being cancelled in order to obtain a
return of premium (e.g. by cheque), or an insured event may occur resulting in a claim being
paid out. Retail investment products are, however, more likely to be used at the layering and
integration stages. The liquidity of a mutual funds may attract money launderers since it allows
them quickly and easily to move their money from one product to another, mixing lawful and
illicit proceeds and integrating them into the legitimate economy.

1.6.14 Lump sum investments in liquid products are clearly most vulnerable to use by money
launderers, particularly where they are of high value. Payment in cash should merit further
investigation, particularly where it cannot be supported by evidence of a cash-based business as
the source of funds.

1.6.15 Insurance and investment product providers and intermediaries should therefore keep
transaction records that are comprehensive enough to establish an audit trail. Such records can
also provide useful information on the people and organizations involved in laundering
schemes.

1.6.16 Corporate vehicles trust structures and nominees are firm favorites with money launderers as
a method of layering their proceeds. Providers of these services can find themselves much in
demand from criminals.

1.6.17 The facility with which currency exchanges can be effected through a bureau is of particular
attraction especially when such changes are effected in favor of a cheque or gold bullion.


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1.7 How Financial Institutions Can Combat Money Laundering

1.7.1 The prevention of laundering the proceeds of crime has become a major priority for all
jurisdictions from which financial activities are carried out. One of the best methods of
preventing and deterring money laundering is a sound knowledge of a customer’s business and
pattern of financial transactions and commitments. The adoption of procedures by which Banks
and other Financial Institutions “know their customer” is not only a principle of good business
but is also an essential tool to avoid involvement in money laundering. For the purposes of
these guidance notes the term Banks and other Financial Institutions refer to businesses carrying
on relevant financial business as defined under the legislation.

1.7.2 Thus efforts to combat money laundering largely focus on those points in the process where the
launderer's activities are more susceptible to recognition and have therefore to a large extent
concentrated on the deposit taking procedures of banks i.e. the placement stage.

1.7.3 Institutions and intermediaries must keep transaction records that are comprehensive enough to
establish an audit trail. Such records can also provide useful information on the people and
organizations involved in laundering schemes.

1.7.4 In complying with the requirements of the Act and in following these Guidance Notes, financial
institutions should at all times pay particular attention to the fundamental principle of good
business practice - 'know your customer'. Having a sound knowledge of a customer's business
and pattern of financial transactions and commitments is one of the best methods by which
financial institutions and their staff will recognize attempts at money laundering. This aspect is
referred to in Chapter VIII of these Guidance Notes - Recognition and Reporting of Suspicious
Transactions. It will also be dealt with in staff training programs which are a fundamental part
of the procedures designed to recognize and combat money laundering and which are referred
to in Chapter IX – Training and Awareness.

1.8 International Anti-Money Laundering Initiatives

1.8.1. Money laundering has become a global problem as a result of the confluence of several
remarkable changes in world markets (i.e., the globalization of markets). The growth in
international trade, the expansion of the global financial system, the lowering of barriers to
international travel, and the surge in the internationalization of organized crime have
combined to provide the source, opportunity, and means for converting illegal proceeds into
what appears to be legitimate funds.

1.8.2. In 1986, the U.S. became the first country in the world to criminalize the “laundering” of the
proceeds of criminal activity with the enactment of the Money Laundering Control Act of
1986. Since enacting the law, the U.S. Congress has increased its coverage, reach and scope,
making it the broadest, strongest and most far-reaching money laundering law in the world.

1.8.3. The U.S. law is a weapon of enormous breadth and power wielded by U.S. prosecutors in that
country. Those convicted under the law face a maximum prison term of 20 years and a fine of
$500,000 per violation. A legal entity such as a bank or business that is convicted under the
law faces fines and forfeitures. In addition, a bank that is convicted of money laundering can
lose its charter and federal deposit insurance. Persons and entities also face civil money
penalties

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1.8.4. Concerted efforts by governments to fight money laundering have been going on for the past
fifteen years. The main international agreements addressing money laundering are the 1988
United Nations Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances (the Vienna Convention) and the 1990 Council of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds of Crime. And the role of
financial institutions in preventing and detecting money laundering has been the subject of
pronouncements by the Basle Committee on Banking Supervision, the European Union, and
the International Organization of Securities Commissions.

1.8.5. The Vienna Convention, adopted in December 1988, laid the groundwork for efforts to
combat money laundering by creating an obligation for signatory states (including
Bangladesh) to criminalize the laundering of money from drug trafficking. It promotes
international cooperation in investigations and makes extradition between signatory states
applicable to money laundering. It also establishes the principle that domestic bank secrecy
provisions should not interfere with international criminal investigations.

1.8.6. During the past twenty years there have been a number of resolutions passed by the ICPO-
Interpol General Assembly, which have called on member countries to concentrate their
investigative resources in identifying, tracing and seizing the assets of criminal enterprises.
These resolutions have also called on member countries to increase the exchange of
information in this field and encourage governments to adopt laws and regulations that would
allow access, by police, to financial records of criminal organizations and the confiscation of
proceeds gained by criminal activity.

1.8.7. In December 1988, the G-10's Basle Committee on Banking Supervision issued a "statement
of principles" with which the international banks of member states are expected to comply.
These principles cover identifying customers, avoiding suspicious transactions, and
cooperating with law enforcement agencies. In issuing these principles, the committee noted
the risk to public confidence in banks, and thus to their stability, that can arise if they
inadvertently become associated with money laundering.

1.8.8. Over the past few years, the Basle Committee has moved more aggressively to promote sound
supervisory standards worldwide. In close collaboration with many non-G-10 supervisory
authorities, the Committee in 1997 developed a set of "Core Principles for Effective Banking
Supervision". Many important guidelines issued by Basle Committee for worldwide
implementation for all banks among which, “Prevention of the Criminal Use of the Banking
System for the Purpose of Money Laundering”, December 1988 “Customer Due Diligence for
Banks”, October 2001“Sound Practices for the Management and Supervision of Operational
Risk", February 2003; Shell banks and booking offices", January 2003; relate to money
laundering controls.

1.8.9. In 1989, the G-7 countries recognized that money laundering had become a global problem,
not least due to the increase in drug trafficking. The G-7 Summit in Paris in 1989 took a great
step forward in combating international money laundering with the creation of the Financial
Action Task Force (FATF) to develop a coordinated international response to mounting
concern over money laundering. One of the first tasks of the FATF was to develop steps
national governments should take to implement effective anti- money laundering programs.


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1.8.10. The experts within FATF came up with a list of 40 Recommendations, built on the firm
foundations of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances and the Statement of Principles of the Basle Committee on Banking
Regulations.

1.8.11. The FATF 40 Recommendations set out the basic framework on what countries need to do --
in terms of laws, regulations and enforcement -- to combat money laundering effectively and
were designed with universal application in mind. Over time, they have been revised to reflect
new developments in money laundering and experience. The 40 Recommendations have now
become the global blueprint in anti- money laundering best practice and set the international
standards for money laundering controls. Setting those standards meant that all participating
governments committed to moving in the same direction at the same pace, a requirement for
success. Through FATF's peer-review process, the participants have pushed each other into
implementing the standards. Even the IMF regards the anti- money laundering actions
advocated by the FATF as crucial for the smooth functioning of financial markets.

1.8.12. In joining FATF, every member nation makes a political commitment to adopt the
recommendations and allows itself to be evaluated by the other member nations on whether it
has fulfilled that commitment. Today FATF has grown to an organization of thirty-one
member countries and has representatives from the Gulf Cooperation Council and the
European Commission. Participants include representatives from members' financial
regulatory authorities, law enforcement agencies, and ministries of finance, justice, and
external affairs. Representatives of international and regional organizations concerned with
combating money laundering also attend FATF meetings as observers. This top-down,
cooperative approach has been greatly successful in encouraging FATF member nations to
improve their money laundering regimes.

1.8.13. With expanded membership, FATF has now achieved agreement on money laundering
standards and implementation among 31 governments. More than that, FATF has encouraged
development of regional groups to adhere to the same standards. By the last count, about 130
jurisdictions -- representing about 85 percent of world population and about 90 to 95 percent
of global economic output -- have made political commitments to implementing "The Forty
Recommendations."

1.8.14. Another, more controversial initiative that FATF has developed to enhance international
cooperation is publication of a list of non-cooperative countries and territories (NCCT) --
jurisdictions that lack a commitment to fight money laundering. Following the June 2000
publication of the first such list, a number of the 15 NCCT jurisdictions have acted quickly to
implement FATF standards.

1.8.15. Other UN initiatives, such as the 2000 UN Convention against Transnational Organized
Crime, have assisted in complementing the work undertaken by the FATF. However, it was
the FATF’s exercise on Non-Cooperating Countries and Territories which brought about a sea
change in thinking at the highest political levels. The exercise, which identifies and evaluates
the legal, judicial and regulatory framework of countries whose regulatory systems do not
appear to meet international standards, has been a success, despite its unpopularity in many
quarters.

1.8.16. After 11 September 2001, the tragedy in New York highlighted to all civilized nations the
need to look at the finances of terrorists and the methods used to transfer funds around the

11
world. The FATF expanded its mission beyond money laundering and agreed to focus its
expertise on the worldwide effort to combat terrorist financing.

1.8.17. The FATF, at its Washington meeting in October 2001, came up with 8 Special
Recommendations to tackle this threat. Terrorists use similar systems to money launderers
and the 8 Special Recommendations complement the 40 existing Recommendations.

1.8.18. The United Kingdom was one of the first countries in the world to have signed and ratified the
UN International Convention on the Suppression of the Financing of Terrorists through the
Terrorism Act 2000. In fact the UK was unique in meeting the requirements of all 8 FATF
Special Recommendations immediately.

1.8.19. Several regional or international bodies such as the APG (Asia/Pacific Group on Money
Laundering), CFATF (Caribbean Financial Action Task Force), the ESAAMLG (Eastern and
Southern Africa Anti-Money Laundering Group), GAFISUD (Financial Action Task Force
for South America), the MONEYVAL Committee of the Council of Europe (the Select
Committee of experts on the evaluation of anti-money laundering measures) and the OGBS
(Offshore Group of Banking Supervisors), either exclusively or as part of their work, perform
similar tasks for their members as the FATF does for its own membership. Bangladesh is a
member of APG.

1.8.20. This co-operation forms a critical part of the FATF’s strategy to ensure that all countries in
the world implement effective counter- measures against money laundering. Thus the APG,
the CFATF, GAFISUD, the MONEYVAL Committee and OGBS carry out mutual
evaluations for their members, which assess the progress they have made in implementing the
necessary anti- money laundering measures. In the same vein, APG, CFATF and the
MONEYVAL also review regional money laundering trends.

1.8.21. During the past decade, a number of countries have created specialized government agencies
as part of their systems for dealing with the problem of money laundering. These entities are
commonly referred to as "Financial Intelligence Units" or "FIUs". These units increasingly
serve as the focal point for national anti- money laundering programs because they provide the
possibility of rapidly exchanging information (between financial institutions and law
enforcement / prosecutorial authorities, as well as between jurisdictions), while protecting the
interests of the innocent individuals contained in their data.

1.8.22. Since 1995, another forum for international cooperation has developed among a number of
national financial intelligence units (FIUs), who began working together in an informal
organization known as the Egmont Group (named for the location of the first meeting in the
Egmont-Arenberg Palace in Brussels). The goal of the group is to provide a forum for FIUs
to improve support to their respective national anti- money laundering programs. This support
includes expanding and systematizing the exchange of financial intelligence, improving
expertise and capabilities of the personnel of such organizations, and fostering better
communication among FIUs through the application of new technologies. The Egmont
Secretariat, currently hosted by the UK, is the ideal vehicle for FIUs from various countries to
talk to one another once they reach the required standard.

1.8.23. Financial Crimes Enforcement Network (FinCEN), the U.S. financial intelligence unit led by
the Department of the Treasury, provides training and technical assistance to a broad
spectrum of foreign government officials, financial regulators, law enforcement personnel,

12
and bankers. This training covers a variety of topics, including money laundering typologies,
the creation and operation of FIUs, the establishment of comprehensive anti- money-
laundering regimes, computer systems architecture and operations, and country-specific anti-
money-laundering regimes and regulations. FinCEN also works closely with the informal
Egmont Group of more than 50 FIUs to assist various jurisdictions in establishing and
operating their own FIUs.

1.8.24. Additionally, FinCEN has provided FIU and money laundering briefings and training in many
jurisdictions, including Argentina, Armenia, Australia, the Bahamas, Brazil, Canada, China,
Costa Rica, Dominican Republic, El Salvador, Germany, Greece, Hong Kong, India,
Indonesia, Isle of Man, Jamaica, Jersey, Kazakhstan, Lebanon, Italy, Liechtenstein, Nauru,
Nigeria, Netherlands, Palau, Paraguay, Russia, Seychelles, South Africa, Switzerland, St.
Vincent and the Grenadines, Taiwan, Tanzania, Thailand, Tonga, and the United Kingdom.
FinCEN has also conducted personnel exchanges with the Korean and Belgian FIUs.

1.8.25. The U.S. Department of State's Bureau for International Narcotics and Law Enforcement
Affairs (INL) develops assistance programs to combat global money laundering. INL
participates in and supports international anti- money- laundering bodies and provides policy
recommendations regarding international money laundering activities.

1.8.26. The U.S. State Department has developed a programmatic approach to assist jurisdictions in
developing anti- money-laundering regimes to protect their economies and governments from
abuse by financial criminals and stem the growth of international money laundering. This
approach integrates training, technical assistance, and money laundering assessments on
specific money laundering problems or deficiencies to achieve concrete, operational,
institution-building objectives.

1.8.27. The International Organization of Securities Commissions (IOSCO) adopted, in October
1992, a report and resolution encouraging its members to take necessary steps to combat
money laundering in securities and futures markets. A working group of IOSCO's
Consultative Committee has been set up to collect information from IOSCO members' self-
regulatory organizations and exchanges on their efforts to encourage their own members to
fight money laundering.

1.8.28. Other international instruments such as the Council of Europe’s 1990 Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds of Crime, which is open for
signature by non-Council of Europe members, has been another useful method by which
countries have attracted the expertise of the international community to join in and help
countries to identify and rectify the imbalances within their systems. It established a common
criminal policy on money laundering. It adopted a common definition of money laundering
and common measures for dealing with it. The convention laid down the principles for
international cooperation among the contracting parties, which may include states outside the
Council of Europe.

1.8.29. In June 1991, the Council of the European Communities adopted a directive on the
"Prevention of the Use of the Financial System for the Purpose of Money Laundering." This
directive was issued in response to the new opportunities for money laundering opened up by
the liberalization of capital movements and cross-border financial services in the European
Union. The directive obligates member states to outlaw money laundering. They must require
financial institutions to establish and maintain internal systems to prevent laundering, to

13
obtain the identification of customers with whom they enter into transactions of more than
ECU 15,000, and to keep proper records for at least five years. Member states must also
require financial institutions to report suspicious transactions and must ensure that such
reporting does not result in liability for the institution or its employees.

1.8.30. In March 2000 the US. Department of Treasury unveiled the National Money Laundering
Strategy for 2000, the most comprehensive plan ever put forth on the subject. It included
literally scores of specific action items to combat money laundering. For each item, goals for
the year are laid out and specific government officials are listed who are personally
responsible for meeting those goals.

1.8.31. The National Money Laundering Strategy for 2002 identified four critical fronts for efforts to
combat money laundering: to attack financing networks of terrorist entities; focus attention on
the use of charities and other NGOs to raise, collect, and distribute funds to terrorist groups;
establish an interagency targeting team to help focus efforts and resources against the most
significant money laundering organizations and systems; and work with the international
financial institutions to improve and monitor anti-money laundering compliance efforts
throughout the world..

1.8.32. The IMF is contributing to the FATF's efforts in several important ways, consistent with its
core areas of competence. As a collaborative institution with near universal membership, the
IMF is a natural forum for sharing information, developing common approaches to issues, and
promoting desirable policies and standards-all of which is critical in the fight against money
laundering and the financing of terrorism. In addition, the Fund has expertise based on its
broad experience in conducting financial sector assessments, providing technical assistance in
the financial sector, and exercising surveillance over member's exchange systems.

1.8.33. After 11 September 2001 the IMF identified new ways to advance its contribution to
international efforts to combat money laundering and the financing of terrorism.

1.8.34. In October 2002 a group of the world's largest banks jointly with Transparency International
(TI), the global anti-corruption organization, drew up a set of global anti- money laundering
guidelines for international private banks. The new guidelines were formulated in working
sessions held in Wolfsberg, Switzerland, and, accordingly the new guidelines came to be
known as the "Wolfsberg Anti-Money Laundering Principles" which declared, “Bank policy
will be to prevent the use of its world-wide operations for criminal purposes. The bank will
endeavor to accept only those clients whose source of wealth and funds can be reasonably
established to be legitimate."

1.8.35. The principles represent the Wolfsberg Group’s effort to establish anti- money laundering
guidelines that were viewed as appropriate when dealing with clients in the global
marketplace. The principles dealt with diverse aspects of "know your customer" policies that
pertain to relationships between high net worth individuals and the private banking
departments of financial institutions. They also dealt with the identification and follow-up of
unusual or suspicious activities.

1.8.36. The participating institutions of the Wolfsberg Group were ABN AMRO Bank, Barclays
Bank, Banco Santander Central Hispano, S.A., The Chase Manhattan Private Bank, Citibank,
N.A., Credit Suisse Group, Deutsche Bank AG, HSBC, J.P. Morgan, Inc., Société Générale,
and UBS AG.

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1.8.37. In support of efforts to suppress the financing of terrorism the Wolfsberg Group together with
Transparency International held a meeting at Wolfsberg from January 9 - 11, 2002 attended
by key regulators of the financial industry, representatives of national law enforcement and
judicial agencies and international organizations who contributed to the discussions and
welcomed the initiative taken by the Wolfsberg Group.

1.8.38. The meeting issued a Statement describing the role that financial institutions could play in the
fight against terrorism which presented new challenges as funds used in the financing of
terrorism do not necessarily derive from criminal activity, which is a requisite element of
most existing money laundering offences. Successful participation in this fight by the
financial sector requires global cooperation by governments with the financial institutions to
an unprecedented degree.

1.8.39. The provision of official lists of suspected terrorists and terrorist organizations on a globally
coordinated basis by the relevant competent authority in each jurisdiction providing
appropriate details and information had been identified as a crucial element in the Statement.


15
CHAPTER II: WHAT THE LAW REQUIRES

2.1 Requirements under the Money Laundering Prevention Act 2002

2.1.1 The legislation specifically relating to money laundering is contained in the Money
Laundering Prevention Act 2002 (Act No. 7 of 2002) the provisions of which supercedes
whatever may contain in any other Act in force in Bangladesh. So far as financial service
providers are concerned, the Act:

§ defines the circumstances, which constitute the offence of money laundering and provides
penalties for the commission of the offence (See Section 2 Tha of the Act),

§ requires banks, financial institutions and other institutions engaged in financial activities to
establish the identity of their customers (See Section 19 Ka of the Act),

§ requires banks, financial institutions and other institutions engaged in financial activities to
retain correct and full information used to identify their customers and transaction records at
least for five years after termination of relationships with the customers (See Section 19 Ka of
the Act), and

§ imposes an obligation on banks, financial institutions and other institutions engaged in
financial activities and their employees to make a report to the Bangladesh Bank where:

- they suspect that a money laundering offence has been or is being committed (See Section 19
Ga of the Act) and;

- provide customer identification and transaction records to Bangladesh Bank from time to
time on demand (See Section 19 Kha of the Act).

2.2 The Offence of Money Laundering

The money laundering offences are, in summary:

2.2.1 It is an offence for any personto obtain, retain, transfer, remit, conceal or invest moveable or
immovable property acquired directly or indirectly through illegal means. (See Section 2 Tha).
Concealing or disguising the property includes concealing or disguising its nature, source,
location, disposition, movement, ownership or any rights with respect to it.

2.2.2 It is an offence for any person to illegally conceal, retain transfer, remit, or invest moveable or
immovable property even when it is earned through perfectly legitimate means. (See Section 2
Tha). It is a defense if the person conce rned can prove that the offence was committed without
his knowledge or it has occurred despite his despite his best efforts to prevent it. (See Section
20 (1) of the Act).

2.2.3 It is also an offence for any individual or entity to provide assistance to a criminal to obtain,
retain, transfer, remit, conceal or invest moveable or immovable property if that person knows
or suspects that those properties are the proceeds of criminal conduct.


16
2.2.4 It is an offence for banks, financial institutions and other institutions engaged in financial
activities not to retain identification and transaction records of their customers.

2.2.5 It is an offence for banks, financial institutions and other institutions engaged in financial
activities not to report the knowledge or suspicion of money laundering to Bangladesh Bank as
soon as it is reasonably practicable after the information came to light.

2.2.6 It is also an offence for anyone to prejudice an investigation by informing i.e. tipping off the
person who is the subject of a suspicion, or any third party, that a report has been made, or that
the authorities are acting, or are proposing to act, in connection with an investigation into
money laundering. Preliminary enquiries of a customer to verify identity or to ascertain the
source of funds or the precise nature of the transaction being undertaken will not trigger a
tipping off offence before a suspicions report has been submitted in respect of that customer
unless the enquirer knows that an investigation is underway or that the enquiries are likely to
prejudice an investigation. Where it is known or suspected that a suspicions report has already
been disclosed to the authorities and it becomes necessary to make further enquiries, great care
should be taken to ensure that customers do not become aware that their names have been
brought to the attention of the law enforcement agencies.

2.2.7 It is an offence for any person to violate any freezing order issued by the Court on the basis of
application made by Bangladesh Bank.

2.2.8 It is an offence for any person to express unwillingness, without reasonable grounds to assist
any enquiry officer in connection with an investigation into money laundering.

2.3 Penalties for Money Laundering

All offences under the Act are non-bailable and the penalties for the commission of the offences all
have prison terms and/or fines as prescribed in the Act as follows:

2.3.1 The offence of money laundering is punishable by terms of a minimum imprisonment for six
months and a maximum of up to seven years plus a fine amounting to double the money
laundered (See Section 13 of the Act).

2.3.2 The punishment for violation of Seizure Orders is a minimum imprisonment for one year or a
fine of at least Taka ten thousand, or both. (See Section 14 of the Act).

2.3.3 The punishment for violation of Freezing Orders is a minimum imprisonment for one year or a
fine of at least Taka five thousand, or both. (See Section 15 of the Act).

2.3.4 The offence of divulging information by informing i.e. tipping off the person who is the subject
of a suspicion, or any third party is punishable by a minimum imprisonment for one year or a
fine of at least Taka ten thousand, or both. (See Section 14 of the Act).

2.3.5 The offence of obstructing investigations or failure to assist any enquiry officer in connection
with an investigation into money laundering is punishable by a minimum imprisonment for one
year or a fine of at least Taka ten thousand, or both. (See Section 17 of the Act).


17
2.3.6 If any bank, financial institution and other institutions engaged in financial activities fail to
retain customer identification and transaction records or fail to furnish required information as
per the Act, Bangladesh Bank will report such failure to the licensing authority of the defaulting
institution so that the concerned authority can take proper action for such negligence and failure
(See Section 19 (3) of the Act)

2.3.7 Bangladesh Bank is empowered to impose fines of not less than Taka ten thousand and not
more than Taka one lac on any bank, financial institution and other institutions engaged in
financial activities for the failure or negligence to retain customer identification and transaction
records or fail to furnish required information to Bangladesh Bank (See Section 19 (4) of the
Act)

2.3.8 If any Company, Partnership Firm, Society, or Association violates any provisions of the Act, it
will be deemed that every owner, partner, directors, employees and officers have individually
violated such provisions.

2.4 Responsibilities of Bangladesh Bank

The Act gives Bangladesh Bank broad responsibility for prevention of money laundering and wide-
ranging powers to take adequate measures to prevent money laundering, facilitate its detection,
monitor its incidence, enforce rules and to act as the prosecuting agency for breaches of the Act. The
responsibilities and powers of Bangladesh Bank are, in summary (See Section 4 and 5 of the Act):

2.4.1 To investigate into all money-laundering offences.

2.4.2 Supervise and monitor the activities of banks, financial institutions and other institutions
engaged in financial activities.

2.4.3 Call for reports relating to money laundering from banks, financial institutions and other
institutions engaged in financial activities, analyze such reports and take appropriate actions.

2.4.4 Provide training to employees of banks, financial institutions and other institutions engaged in
financial activities on prevention of money laundering.

2.4.5 To authorize any person to enter into any premises for conducting investigations into money
laundering offences.

2.4.6 Persons authorized by Bangladesh Bank to investigate offences can exercise the same powers as
the Officer in Charge of Police Station can exercise under the Code of Criminal Procedure.

2.4.7 To do all other acts in attaining the objectives of the Act.

2.4.8 The Courts will not accept any offence under the Act for trial unless a complaint is lodged by
Bangladesh Bank or any person authorized by Bangladesh Bank in this behalf.


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CHAPTER III: ANTI MONEY LAUNDERING POLICY

3.1 Senior Management Commitment

3.1.1 The most important element of a successful anti- money- laundering program is the commitment
of senior management, including the chief executive officer and the board of directors, to the
development and enforcement of the anti- money-laundering objectives which can deter
criminals from using their facilities for money laundering, thus ensuring that they comply with
their obligations under the law.

3.1.2 Senior management must send the signal that the corporate culture is as concerned about its
reputation as it is about profits, marketing, and customer service. As part of its anti- money
laundering policy an institution should communicate clearly to all employees on an annual basis
a statement from the chief executive officer that clearly sets forth its policy against money
laundering and any activity which facilitates money laundering or the funding of terrorist or
criminal activities. Such a statement should evidence the strong commitment of the institution
and its senior management to comply with all laws and regulations designed to combat money
laundering.

3.1.3 The statement of compliance policy should at a minimum include:
• A statement that all employees are required to comply with applicable laws and
regulations and corporate ethical standards.
• A statement that all activities carried on by the financial institution must comply with
applicable governing laws and regulations.
• A statement that complying with rules and regulations is the responsibility of each
individual in the financial institution in the normal course of their assignments. It is the
responsibility of the individual to become familiar with the rules and regulations that
relate to his or her assignment. Ignorance of the rules and regulations is no excuse for non-
compliance.
• The statement should direct staff to a compliance officer or other knowledgeable
individuals when there is a question regarding compliance matters.
• A statement that employees will be held accountable for carrying out their compliance
responsibilities.

3.2. Written Anti-Money Laundering Compliance Policy

3.2.1 At a minimum, the board of directors of each bank and other financial institution must develop,
administer, and maintain an anti- money- laundering compliance policy that ensures and
monitors compliance with the Act, including record keeping and reporting requirements. Such
a compliance policy must be written, approved bythe board of directors, and noted as such in
the board meeting minutes.

3.2.2 The written anti- money- laundering compliance policy at a minimum should establish clear
responsibilities and accountabilities within their organizations to ensure that policies,
procedures, and controls are introduced and maintained which can deter criminals from using
their facilities for money laundering and the financing of terrorist activities, thus ensuring that
they comply with their obligations under the law.

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3.2.3 The Policies should be tailored to the institution and would have to be based upon an
assessment of the money laundering risks, taking into account the Financial institution’s
business structure and factors such as its size, location, activities, methods of payment, and risks
or vulnerabilities to money laundering.

3.2.4 It should include standards and procedures to comply with applicable laws and regulations to
reduce the prospect of criminal abuse. Procedures should address its Know Your Customer
(“KYC”) policy and identification procedures before opening new accounts, monitoring
existing accounts for unusual or suspicious activities, information flows, reporting suspicious
transactions, hiring and training employees and a separate audit or internal control function to
regularly test the program’s effectiveness.

3.2.5 It should also include a description of the roles the Anti-Money Laundering Compliance
Officers(s)/Unit and other appropriate personnel will play in monitoring compliance with and
effectiveness of money laundering policies and procedures.

3.2.6 The anti- money laundering policies should be reviewed regularly and updated as necessary and
at least annually based on any legal/regulatory or business/ operational changes, such as
additions or amendments to existing anti-money laundering rules and regulations or business.

3.2.7 In addition the policy should emphasize the responsibility of every employee to protect the
institution from exploitation by money launderers, and should set forth the consequence of non-
compliance with the applicable laws and the institution’s policy, including the criminal, civil
and disciplinary penalties and reputational harm that could ensue from any association with
money laundering activity.


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CHAPTER IV: ORGANIZATIONAL STRUCTURE

4.1 Designation of Anti-Money Laundering Compliance Officers (AMLCO)
4.1.1 All financial institutions must designate a Chief Anti-Money Laundering Compliance Officer
(CAMLCO) at its head office who has sufficient authority to implement and enforce corporate-
wide anti- money laundering policies, procedures and measures and who will report directly to
senior management and the board of directors. This provides evidence of senior management's
commitment to efforts to combat money laundering and, more importantly, provides added
assurance that the officer will have sufficient clout to investigate potentially suspicious
activities.

4.1.2 The position within the organization of the person appointed as CAMLCO will vary according
to the size of the financial institution and the nature of its business, but he or she should be
sufficiently senior to command the necessary authority. Each financial institution should
prepare a detailed specification of the role and obligations of the CAMLCO. Larger financial
institutions may choose to appoint a senior member of their compliance, internal audit or
inspection departments. In small institutions it may be appropriate to designate the Head of
Operations.

4.1.3 The CAMLCO may effect his or her responsibilities through a specific department, unit, group,
or committee. Depending on the size, structure, business and resources of a financial institution,
the designated department, unit, group, or committee or officer may be dedicated solely to the
financial institution‘s anti- money laundering responsibilities or perform the compliance
functions in addition to existing duties.

4.1.4 The designated CAMLCO, directly or through the designated department, unit, group, or
committee, should be a central point of contact for communicating with the regulatory agencies
regarding issues related to the financial institution’s anti- money laundering program.

4.1.5 Depending on the scale and nature of the institution the designated CAMLCO may choose to
delegate duties or rely on suitably qualified staff for their practical performance whilst
remaining responsible and accountable for the operation of the designated functions. In larger
institutions, because of their and complexity the appointment of one or more permanent Deputy
CAMLCO of suitable seniority may be necessary.

4.1.6 The designated CAMLCO must ensure that at each division, region, branch or unit of the
financial unit that deals directly with the public, a senior level officer is appointed as Anti
Money Laundering Compliance Officer (AMLCO) to ensure that each division, region, branch
or unit is carrying out policies and procedures as required. These officers should report to the
CAMLCO regularly on compliance issues and the need for any revisions to policies and
procedures. This division, regional, branch or unit level officers may be dedicated solely to the
financial institution‘s anti- money laundering responsibilities or perform the compliance
functions in addition to existing duties.

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4.1.7 All staff engaged in the Financial Institution at all levels must be made aware of the identity of
the CAMLCO, his Deputy and the staff’s branch/unit level AMLCO, and the procedure to
follow when making a suspicious activity report. All relevant staff must be aware of the chain
through which suspicious activity reports should be passed to the CAMLCO. A suggested
format of an internal report form is set out in Annexure H.

4.1.8 A sample job description of the Chief Anti-Money Laundering Compliance Officers
(CAMLCO) is appended below which may be adapted for creating a suitable job description of
the Regional/Branch/ Unit Anti-Money Laundering Compliance Officers (AMLCO):
POSITION TITLE: Chief Anti-Money Laundering Compliance Officer

FUNCTION: The Chief Anti-Money Laundering Compliance Officer (CAMLCO), who will report
to the Chief Executive Officer for this responsibility, coordinates and monitors day to day compliance
with: applicable money laundering laws, rules and regulations; the Institution’s AML Policy (the
“Policy”); and the practices, procedures and controls implemented by the Institution.

POSITION RESPONSIBILITIES:

1) Monitor, review and coordinate application and enforcement of the Bank’s/ Institution’s
compliance policies including Anti-Money Laundering Compliance Policy. This will include: an
AML risk assessment; and practices, procedures and controls for account opening, KYC
procedures and ongoing account/transaction monitoring for detecting suspicious
transactions/account activity, and a written AML training plan (refer to Chapter IX);

2) To monitor changes of laws/regulations and directives of Bangladesh Bank that may require
revisions to the Policy, and making these revisions;

3) Respond to compliance questions and concerns of the staff and advise regions/branches/ units and
assist in providing solutions to potential issues involving compliance and money laundering risk;

4) Ensure the Bank’s/Institution’s AML Policy is complete and up-to-date; maintain ongoing
awareness of new and changing business activities and products and identify potential compliance
issues that should be considered by the Bank/Institution;

5) Actively develop the compliance knowledge of all staff, especially the compliance personnel.
Develop and conduct training courses in the Bank/Institution to raise the level of awareness of
compliance in the Bank;

6) Develop and maintain ongoing relationships with regulatory authorities, external and internal
auditors, Regional/ Branch/Unit Heads and Compliance resources to assist in early identification
of compliance issues;

7) Assist in review of control procedures in the Bank/Institution to ensure legal and regulatory
compliance and in the development of adequate and sufficient testing procedures to prevent and
detect compliance lapses;

22

8) To monitor the business’ self- testing for AML compliance and any corrective action;

9) To manage the Suspicious Activity Reporting Process:

- Reviewing transactions referred by divisional, regional, branch or unit compliance officers
as suspicious;
- Reviewing the Transaction Monitoring reports (directly or together with account
management personnel);
- Ensuring that internal Suspicious Activity Reports (“internal SARs”):
- are prepared when appropriate;
- reflect the uniform standard for “suspicious activity involving possible money
laundering” established in the Policy;
- are accompanied by documentation of the branch’s decision to retain or terminate the
account as required under the Policy;
- are advised to other branches of the institution who are known to have a relationship
with the customer;
- are reported to the Chief Executive Officer, and the Board of Directors of the
institution when the suspicious activity is judged to represent significant risk to the
institution, including reputation risk .
- Ensuring that a documented plan of corrective action, appropriate for the seriousness of
the suspicious activity, be prepared and approved by the Branch Manager;
- Maintaining a review and follow up process to ensure that planned corrective action,
including possible termination of an account, be taken in a timely manner;
- Manage the process for reporting suspicious activity to Bangladesh Bank authorities after
appropriate internal consultation;

JOB CHARACTERISTICS AND REQUIREMENTS

The Chief Anti-Money Laundering Compliance Officer (CAMLCO) should possess:

• Proven leadership and organizational skills and ability to exert managerial control;

• Excellent communication skills, with an ability to clearly and diplomatically articulate issues,
solutions and rationale; an effective trainer to raise the level of awareness of the control and
compliance culture;

• Solid understanding of AML regulatory issues and product knowledge associated with a broad
range of relevant financial services, banking activities;

• High degree of judgment, good problem solving skills and be results oriented to ensure sound
implementation of control and compliance processes and procedures;

• High personal standard of ethics, integrity and commitment to fulfilling the objectives of the
position and protecting the interest of the Bank.

The Chief Anti-Money Laundering Compliance Officer (CAMLCO):


23
• Must be familiar with the ways in which any of their respective business’s products and services
may be abused by money launderers;

• Must be able to assist their respective Institutions develop effective AML policies, including
programs to provide AML training to all personnel;

• Must be able to assist their respective business assess the ways in which products under
development may be abused by money launderers in order to establish appropriate AML controls
before product is rolled out into the marketplace.

• Must be capable of assisting their respective business evaluate whether questionable activity is
suspicious under the standard set forth in the AML Policy and under any applicable law and
regulation;

• Must attend each year at least one formal AML training program, either internal or external;

EDUCATION (OR EQUIVALENT TRAINING)

The Chief Anti-Money Laundering Compliance Officer (CAMLCO) should have a working
knowledge of the diverse banking products offered by the Institution. The person could have
obtained relevant banking and compliance experience as an internal auditor or regulatory examiner,
with exposure to different banking products and businesses. Product and banking knowledge could
be obtained from being an external or internal auditor, or as an experienced Operations staff.

EXPERIENCE

The Chief Anti-Money Laundering Compliance Officer (CAMLCO) should have a minimum of ten
years of experience, with a minimum of three years at a managerial/administrative level.
4.2 Organisation Structure

4.2.1 Whilst complying with rules and regulations is the responsibility of each individual in the
financial institution in the normal course of their assignments, the following individuals and
functions all play a vital role in the effectiveness of the Institutions AML program:

Account Officer/Relationship Manager
Customer Service Officer
Operations Staff
Anti Money Laundering Compliance Officer (AMLCO)
Branch Manager (Unit Head)
Risk Management /Credit Officer
Internal Control Officer
Operations & Technology Manager
Controller of Branches
Chief Anti Money Laundering Compliance Officer (CAMLCO)
Chief Executive Officer (CEO)


24
4.2.2 The Grid below details the individual responsibilities of the above functions:-


Function Role / Responsibilities
Account Officer/
Relationship
Manager/
Staff Responsible
for account
opening
§ Perform due diligence on prospective clients prior opening
an account
§ Be diligent regarding the identification (s) of account holder
and the transactions relating to the account
§ Ensure all required documentation is completed
satisfactorily
§ Complete the KYC Profile for the new customer
§ Ongoing monitoring of customer‘s KYC profile and
transaction activity
§ Obtain documentary evidence of large cash deposits
§ Escalate any suspicion to the Supervisor, Branch Manager
and AMLCO
Customer Service
Officer
§ Support the Account Officer in any of the above roles
§ Perform the Account Officer roles in their absence
Operations Staff

§ Ensuring that all control points are completed prior to
transaction monitoring
§ Ongoing diligence on transaction trends for clients
§ Update customer transaction profiles in the ledger/system
AMLCO § Manages the transaction monitoring process
§ Reports any suspicious activity to Branch Manager, and if
necessary the CAMLCO
§ Provide AML training to Branch staff
§ Update policy with local AML regulations and
communicate to all staff
§ Submit Branch returns to CAMLCO on Bi- monthly basis
(MIS)
Branch Manager
(Unit Head)

§ Ensures that the AML program is effective within the
branch/unit
§ First point of contact for any AML issues
Risk Management
/Credit Officer/
Internal Control
Officer
§ Perform AML Risk Assessment for the Business
§ Perform periodic Quality Assurance on the AML program
in the unit
§ Communicate updates in AML laws and internal policies
Operations &
Technology
Manager
§ Ensures that the required reports and systems are in place to
maintain an effective AML program
Controller of
Branches
§ Overall responsibility to ensure that the branches have an
AML program in place and that it is working effectively
CAMLCO § Implements and enforces Institution’s anti- money
laundering policies
§ Reports suspicious clients to Bangladesh Bank on
Institution’s behalf
§ Informs Controller of Branches/AMLCOs of required
actions (if any)
Chief Executive § Overall responsibility to ensure that the Business has an

25
Officer (CEO) AML program in place and that it is working effectively

4.2.3 A sample organization chart is given below:
Other Direct Reports of CEO
Branch AML Compliance Officer
Regional AML Compliance Officer
Divisional AML Compliance Officer
Deputy Chief AML Compliance Officer
(DCAMLCO)
Chief Anti Money Laundering Compliance Officer
(CAMLCO)
Operations Officer
Customer Service Officer
A/c Officer/Relationship Manager
Branch Managers
Regional Heads
Divisional Heads
Head of Branches/Operations
Chief Executive Officer
.

26

CHAPTER V IDENTIFICATION PROCEDURES

5.1 Introduction

5.1.1 Sound Know Your Customer (KYC) procedures are critical elements in the effective
management of banking risks. KYC safeguards go beyond simple account opening and record-
keeping and require banks to formulate a customer acceptance policy and a tiered customer
identification program that involves more extensive due diligence for higher risk accounts, and
includes proactive account monitoring for suspicious activities.

5.1.2 Sound KYC procedures have particular relevance to the safety and soundness of financial
institutions, in that:
• they help to protect financial institution’s reputation and the integrity of banking systems by
reducing the likelihood of banks becoming a vehicle for or a victim of financial crime and
suffering consequential reputational damage;
• they constitute an essential part of sound risk management (e.g. by providing the basis for
identifying, limiting and controlling risk exposures in assets and liabilities, including assets
under management).

5.1.3 The inadequacy or absence of KYC standards can subject banks to serious customer and
counterparty risks, especially reputational, operational, legal and concentration risks. It is worth
noting that all these risks are interrelated. However, any one of them can result in significant
financial cost to banks (e.g. through the withdrawal of funds by depositors, the termination of
inter-bank facilities, claims against the bank, investigation costs, asset seizures and freezes, and
loan losses), as well as the need to divert considerable management time and energy to
resolving problems that arise.

5.1.4 Reputational risk poses a major threat to banks, since the nature of their business requires
maintaining the confidence of depositors, creditors and the general marketplace. Reputational
risk is defined as the potential that adverse publicity regarding a bank’s business practices and
associations, whether accurate or not, will cause a loss of confidence in the integrity of the
institution. Banks are especially vulnerable to reputational risk because they can so easily
become a vehicle for or a victim of illegal activities perpetrated by their customers. They need
to protect themselves by means of continuous vigilance through an effective KYC program.
Assets under management, or held on a fiduciary basis, can pose particular reputational dangers.

5.1.5 Operational risk can be defined as the risk of direct or indirect loss resulting from inadequate
or failed internal processes, people and systems or from external events. Most operational risk
in the KYC context relates to weaknesses in the implementation of banks’ programs, ineffective
control procedures and failure to practice due diligence. A public perception that a bank is not
able to manage its operational risk effectively can disrupt or adversely affect the business of the
bank.

5.1.6 Legal risk is the possibility that lawsuits, adverse judgments or contracts that turn out to be
unenforceable can disrupt or adversely affect the operations or condition of a bank. Banks may
become subject to lawsuits resulting from the failure to observe mandatory KYC standards or
from the failure to practice due diligence. Consequently, banks can, for example, suffer fines,

27
criminal liabilities and special penalties imposed by regulators. Indeed, a court case involving a
bank may have far greater cost implications for its business than just the legal costs. Banks will
be unable to protect themselves effectively from such legal risks if they do not engage in due
diligence in identifying their customers and understanding their business.

5.1.7 On the liabilities side, concentration risk is closely associated with funding risk, particularly the
risk of early and sudden withdrawal of funds by large depositors, with potentially damaging
consequences for the bank’s liquidity. Funding risk is more likely to be higher in the case of
small banks and those that are less active in the wholesale markets than large banks. Analyzing
deposit concentrations requires banks to understand the characteristics of their depositors,
including not only their identities but also the extent to which their actions may be linked with
those of other depositors. It is essential that liabilities managers in small banks not only know
but also maintain a close relationship with large depositors, or they will run the risk of losing
their funds at critical times.

5.1.8 Customers frequently have multiple accounts with the same bank, but in offices located in
different areas. To effectively manage the reputational, compliance and legal risk arising from
such accounts, banks should be able to aggregate and monitor significant balances and activity
in these accounts on a fully consolidated countrywide basis.

5.2 Know Your Customer (KYC) Policies and Procedures

5.2.1 Having sufficient information about your customer - “knowing your customer” (KYC) - and
making use of that information underpins all anti- money laundering efforts, and is the most
effective defense against being used to launder the proceeds of crime. If a customer has
established an account using a false identity, s/he may be doing so to defraud the institution
itself, or to ensure that s/he cannot be traced or linked to the crime the proceeds of which the
institution is being used to launder. A false name, address or date of birth will usually mean that
law enforcement agencies cannot trace the customer if s/he is needed for interview as part of an
investigation.

5.2.2 Section19 Ka of the Prevention of Money Laundering Act 2002 requires all institutions to seek
satisfactory evidence of the identity of those with whom they deal (referred to in these
Guidance Notes as verification of identity). Unless satisfactory evidence of the identity of
potential customers is obtained in good time, the business relationship must not proceed.

5.2.3 When a business relationship is being established, the nature of the business that the customer
expects to conduct with the institution should be ascertained at the outset to establish what
might be expected later as normal activity. This information should be updated as appropriate,
and as opportunities arise. In order to be able to judge whether a transaction is or is not
suspicious, institutions need to have a clear understanding of the business carried on by
their customers.

5.2.4 An institution must establish to its satisfaction that it is dealing with a real person (natural,
corporate or legal), and must verify the identity of persons who are authorized to operate any
bank or investment account, or transact business for the customer. Whenever possible, the
prospective customer should be interviewed personally.


28
5.2.5 The verification procedures needed to establish the identity of a prospective customer should
basically be the same whatever type of account or service is required. The best identification
documents possible should be obtained from the prospective customer i.e. those that are the
most difficult to obtain illicitly. No single piece of identification can be fully guaranteed as
genuine, or as being sufficient to establish identity so verification will generally be a cumulative
process. The overriding principle is that every institution must know who their customers
are, and have the necessary documentary evidence to verify this.

Section19 Ka of the Act requires that records of the verification of identity must be retained for
five years after an account is closed or the business relationship ended (see Chapter V - Record
Keeping).

5.2.6 Financial institutions in the design of KYC programs should include certain key elements. Such
essential elements should start from the banks’ risk management and control procedures and
should include (1) customer acceptance policy, (2) customer identification, (3) on-going
monitoring of high risk accounts and (4) identification of suspicious transactions. Banks should
not only establish the identity of their customers, but should also monitor account activity to
determine those transactions that do not conform with the normal or expected transactions for
that customer or type of account. KYC should be a core feature of banks’ risk management and
control procedures, and be complemented by regular compliance reviews and internal audit.
The intensity of KYC programs beyond these essential elements should be tailored to the degree
of risk.

5.3 Customer Acceptance Policy

5.3.1 Financial Institutions should develop clear customer acceptance policies and procedures,
including a description of the types of customer that are likely to pose a higher than average
risk to a bank. In preparing such policies, factors such as customers’ background, country of
origin, public or high profile position, linked accounts, business activities or other risk
indicators should be considered.

5.3.2 Financial Institutions should develop graduated customer acceptance policies and procedures
that require more extensive due diligence for higher risk customers. For example, the policies
may require the most basic account-opening requirements for a working individual with a
small account balance. It is important that the customer acceptance policy is not so restrictive
that it results in a denial of access by the general public to banking services, especially for
people who are financially or socially disadvantaged. On the other hand, quite extensive due
diligence would be essential for an individual with a high net worth whose source of funds is
unclear. Decisions to enter into business relationships with higher risk customers, such as
public figures or politically exposed persons (see section 5.11 below), should be taken
exclusively at senior management level.

5.4 Customer Identification

5.4.1 Customer identification is an essential element of KYC standards. For the purposes of this
Guidance Notes, a customer includes:


29
• the person or entity that maintains an account with the bank or those on whose behalf an
account is maintained (i.e. beneficial owners);
• the beneficiaries of transactions conducted by professional intermediaries; and
• any person or entity connected with a financial transaction who can pose a significant
reputational or other risk to the bank.

5.4.2 The customer identification process applies naturally at the outset of the relationship. To ensure
that records remain up-to-date and relevant, there is a need for banks to undertake regular
reviews of existing records. An appropriate time to do so is when a transaction of significance
takes place, when customer documentation standards change substantially, or when there is a
material change in the way that the account is operated. However, if a bank becomes aware at
any time that it lacks sufficient information about an existing customer, it should take steps to
ensure that all relevant information is obtained as quickly as possible.

5.4.3 Whenever the opening of an account or business relationship is being considered, or a one-off
transaction or series of linked transactions of Tk.5,000 or more is to be undertaken,
identification procedures must be followed. Identity must also be verified in all cases where
money laundering is known, or suspected.

5.4.4 Once verification of identity has been satisfactorily completed, no further evidence is needed
when other transactions are subsequently undertaken. Records must be maintained as set out
Chapter VII, and information should be updated or reviewed as appropriate.

5.5 What Constitutes a Person’s Identity

5.5.1 Identity generally means a set of attributes which uniquely define a natural or legal person.
There are two main constituents of a person’s identity, remembering that a person may be any
one of a range of legal persons (an individual, body corporate, partnership, etc). For the
purposes of this guidance, the two elements are:

§ the physical identity (e.g. name, date of birth, TIN/voter registration/passport/ID
number, etc.); and
§ the activity undertaken.

5.5.2 Confirmation of a person’s address is also useful in determining whether a customer is resident
in a high-risk country. Knowledge of both residence and nationality may also be necessary, in a
non money-laundering context, to avoid breaches of UN or other international sanctions to
which Bangladesh is a party. Where a passport is taken as evidence, the number, date and place
of issue should be recorded.

5.5.3 The other main element in a person’s identity is sufficient information about the nature of the
business that the customer expects to undertake, and any expected or predictable, pattern of
transactions. For some business these may be obvious, however, for more complex businesses
this may not be the case. The extent of the description required will depend on the institution’s
own understanding of the applicant’s business.

5.5.4 When commencing a business relationship, institutions should consider recording the purpose
and reason for establishing the business relationship, and the anticipated level and nature of
activity to be undertaken. Documentation about the nature of the applicant’s business should

30
also cover the origin of funds to be used during the relationship. For example, funds may be
transferred from a bank or the applicant’s employer, or be the proceeds of a matured insurance
policy, etc.

5.5.5 Once account relationship has been established, reasonable steps should be taken by the
institution to ensure that descriptive information is kept up to date as opportunities arise. It is
important to emphasize that the customer identification process do not end at the point of
application. The need to confirm and update information about identity, such as changes of
address, and the extent of additional KYC information to be collected over time will differ from
sector to sector and between institutions within any sector. It will also depend on the nature of
the product or service being offered, and whether personal contact is maintained enabling file
notes of discussion to be made or whether all contact with the customer is remote.

5.6 Individual Customers

5.6.1 Where verification of identity is required, the following information should be obtained from all
individual applicants for opening accounts or other relationships, and should be independently
verified by the institution itself:

• true name and/or names used;
• parent’s names;
• date of birth;
• current and permanent address;
• details of occupation/employment and sources of wealth or income

5.6.2 One or more of the following steps is recommended to verify addresses:

• provision of a recent utility bill, tax assessment or bank statement containing details of the
address (to guard against forged copies it is strongly recommended that original documents
are examined);
• checking the Voter lists;
• checking the telephone directory;
• record of home/office visit.

The information obtained should demonstrate that a person of that name exists at the address
given, and that the applicant is that person.

5.6.3 The date of birth is important as an identifier in support of the name, and is helpful to assist law
enforcement. Although there is no obligation to verify the date of birth, this provides an
additional safeguard. It is also helpful for residence/nationality to be ascertained to assist risk
assessment procedures and to ensure that an institution does not breach UN or other
international financial sanctions.

5.6.4 Identification documents, either originals or certified copies, should be pre-signed and bear a
photograph of the applicant, e.g.:-
(i) Current valid passport;
(ii) Valid driving license;

31
(iii) Voter ID Card;
(iv) Armed Forces ID card;
(v) A Bangladeshi employer ID card bearing the photograph and signature of the applicant; or
(vi) A certificate from any local government organs such as Union Council chairman, Ward
Commissioner, etc. or any respectable person acceptable to the institution.

5.6.5 Identification documents which do not bear photographs or signatures, or are easy to obtain, are
normally not appropriate as sole evidence of identity, e.g. birth certificate, credit cards, non-
Bangladeshi driving license. Any photocopies of documents showing photographs and
signatures should be plainly legible. Where applicants put forward documents with which an
institution is unfamiliar, either because of origin, format or language, the institution must take
reasonable steps to verify that the document is indeed genuine, which may include contacting
the releva nt authorities or obtaining a notarized translation. Financial Institutions should also be
aware of the authenticity of passports.

5.6.6 Where there is no face-to- face contact, and photographic identification would clearly be
inappropriate, procedures to identify and authenticate the customer should ensure that there is
sufficient evidence, either documentary or electronic, to confirm address and personal identity.
At least one additional check should be undertaken to guard against impersonation. In the event
that internal procedures require sight of a current passport or ID Card where there is no face-to-
face contact, then a certified true copy should be obtained.

5.6.7 There is obviously a wide range of documents which might be provided as evidence of identity.
It is for each institution to decide the appropriateness of any document in the light of other
procedures adopted. However, particular care should be taken in accepting documents which
are easily forged or which can be easily obtained using false identities.

5.6.8 In respect of joint accounts where the surname and/or address of the account holders differ, the
name and address of all account holders, not only the first named, should normally be verified
in accordance with the procedures set out above.

5.6.9 Any subseque nt change to the customer’s name, address, or employment details of which the
financial institution becomes aware should be recorded as part of the know your customer
process. Generally this would be undertaken as part of good business practice and due
diligence but also serves for money laundering prevention.

5.6.10 File copies of supporting evidence should be retained. Where this is not possible, the
relevant details should be recorded on the applicant's file. Institutions which regularly conduct
one-off transactions, should record the details in a manner which allows cross reference to
transaction records. Such institutions may find it convenient to record identification details on a
separate form, similar to the example in Annexure F, to be retained with copies of any
supporting material obtained.

5.6.11 An introduction from a respected customer personally known to the management, or from a
trusted member of staff, may assist the verification procedure but does not replace the need for
verification of address as set out above. Details of the introduction should be recorded on the
customer's file. However, personal introductions without full verification should not become
the norm, and directors/senior managers must not require or request staff to breach account
opening procedures as a favor to an applicant


32
5.7 Persons without Standard Identification Documentation

5.7.1 Most people need to make use of the financial system at some point in their lives. It is
important, therefore, that the socially or financially disadvantaged such as the elderly, the
disabled, students and minors should not be precluded from obtaining financial services just
because they do not possess evidence of identity or address where they cannot reasonably be
expected to do so. In these circumstances, a common sense approach and some flexibility
without compromising sufficiently rigorous anti- money laundering procedures is recommended.
Internal procedures must allow for this, and must provide appropriate advice to staff on how
identity can be confirmed in these exceptional circumstances. The important point is that a
person's identity can be verified from an original or certified copy of another document,
preferably one with a photograph.

5.7.2 A certifier must be a suitable person, such as for instance a lawyer, accountant, director or
manager of a regulated institution, a notary public, a member of the judiciary or a senior civil
servant. The certifier should sign the copy document (printing his name clearly underneath) and
clearly indicate his position or capacity on it together with a contact address and phone number.


5.7.3 In these cases it may be possible for the institution to accept confirmation from a professional
(e.g. doctor, lawyer, directors or managers of a regulated institution, etc) who knows the person.
Where the individual lives in accommodation for which he or she is not financially responsible,
or for which there would not be documentary evidence of his/her address, it may be acceptable
to accept a letter from the guardian or a similar professional as confirmation of a person’s
address. A manager may authorize the opening of a business relationship if s/he is satisfied with
confirmation of identity circumstances but must record his/her authorization on the customer’s
file, and must also retain this information in the same manner and for the same period of time as
other identification records.

5.7.4 For students or other young people, the normal identification procedures set out above should
be followed as far as possible. Where such procedures would not be relevant, or do not provide
satisfactory evidence of identity, verification might be obtained in the form of the home address
of parent(s), or by making enquiries of the applicant’s educational institution.

5.7.5 Under normal circumstances, a family member or guardian who has an existing relationship
with the institution concerned would introduce a minor. In cases where the person opening the
account is not already known, the identity of that person, and any other person who will have
control of the account, should be verified.

5.8 Corporate Bodies and other Entities

5.8.1 Because of the difficulties of identifying beneficial ownership, and the possible complexity of
organization and structures, corporate entities and trusts are the most likely vehicles to be used
for money laundering, particularly when a legitimate trading company is involved. Particular
care should be taken to verify the legal existence of the applicant and to ensure that any person
purporting to act on behalf of the applicant is authorized to do so. The principal requirement
is to look behind a corporate entity to identify those who have ultimate control over the
business and the company’s assets, with particular attention being paid to any
shareholders or others who exercise a significant influence over the affairs of the

33
company. Enquiries should be made to confirm that the company exists for a legitimate trading
or economic purpose, and that it is not merely a “brass plate company” where the controlling
principals cannot be identified.

5.8.2 Before a business relationship is established, measures should be taken by way of company
search and/or other commercial enquiries to ensure that the applicant company has not been, or
is not in the process of being, dissolved, struck off, wound-up or terminated. In addition, if the
institution becomes aware of changes in the company structure or ownership, or suspicions are
aroused by a change in the nature of business transacted, further checks should be made.

5.8.3 Particular care should be exercised when establishing business relationships with companies
incorporated or registered abroad, or companies with no direct business link to Bangladesh.
Such companies may be attempting to use geographic or legal complication to interpose a layer
of opacity between the source of funds and their final destination. In such circumstances,
institutions should carry out effective checks on the source of funds and the nature of the
activity to be undertaken during the proposed business relationship. This is particularly
important if the corporate body is registered or has known links to countries without anti- money
laundering legislation and procedures equivalent to Bangladesh’s. In the case of a trading
company, a visit to the place of business may also be made to confirm the true nature of the
business.

5.8.4 No further steps to verify identity over and above usual commercial practice will normally be
required where the applicant for business is known to be a company, or a subsidiary of a
company, quoted on a recognized stock exchange.

5.8.5 The following documents should normally be obtained from companies:

§ Certified true copy of Certificate of Incorporation or equivalent, details of the
registered office, and place of business;
§ Certified true copy of the Memorandum and Articles of Association, or by- laws of the
client.
§ Copy of the board resolution to open the account relationship and the empowering
authority for those who will operate any accounts;
§ Explanation of the nature of the applicant's business, the reason for the relationship
being established, an indication of the expected turnover, the source of funds, and a
copy of the last available financial statements where appropriate;
§ Satisfactory evidence of the identity of each of the principal beneficial owners being
any person holding 10% interest or more or with principal control over the company’s
assets and any person (or persons) on whose instructions the signatories on the account
are to act or may act where such persons are not full time employees, officers or
directors of the company;
§ Satisfactory evidence of the identity of the account signatories, details of their
relationship with the company and if they are not employees an explanation of the
relationship. Subsequent changes to signatories must be verified;
§ Copies of the list/register of directors.


5.8.6 Where the business relationship is being opened in a different name from that of the applicant,
the institution should also satisfy itself that the reason for using the second name makes sense.


34
5.8.7 The following persons (i.e. individuals or legal entities) must also be identified in line with this
part of the notes:

§ All of the directors who will be responsible for the operation of the account / transaction.
§ All the authorized signatories for the account/transaction.
§ All holders of powers of attorney to operate the account/transaction.
§ The beneficial owner(s) of the company
§ The majority shareholders of a private limited company.

A letter issued by a corporate customer similar to Annexure Eis acceptable in lieu of passport
or other photo identification documents of their shareholders, directors and authorized
signatories. Where the institution already knows their ident ities and identification records
already accord with the requirements of these notes, there is no need to verify identity again.

5.8.8 When authorized signatories change, care should be taken to ensure that the identities of all
current signatories have been ve rified. In addition, it may be appropriate to make periodic
enquiries to establish whether there have been any changes in directors/shareholders, or the
nature of the business/activity being undertaken. Such changes could be significant in relation
to potential money laundering activity, even though authorized signatories have not changed.

5.9 Partnerships and Unincorporated Businesses

5.9.1 In the case of partnerships and other unincorporated businesses whose partners/directors are not
known to the institution, the identity of all the partners or equivalent should be verified in line
with the requirements for personal customers. Where a formal partnership agreement exists, a
mandate from the partnership authorizing the opening of an account and conferring authority on
those who will operate it should be obtained.

5.9.2 Evidence of the trading address of the business or partnership should be obtained and a copy of
the latest report and accounts (audited where applicable).

5.9.3 An explanation of the nature of the business or partnership should be ascertained (but not
necessarily verified from a partnership deed) to ensure that it has a legitimate purpose.

5.10 Powers of Attorney/ Mandates to Operate Accounts

The authority to deal with assets under a power of attorney constitutes a business relationship and
therefore, where appropriate, it may be advisable to establish the identities of holders of powers of
attorney, the grantor of the power of attorney and third party mandates. Records of all transactions
undertaken in accordance with a power of attorney should be kept in accordance with Chapter VII.


5.12 Requirements in respect of Accounts Commenced Prior to 30 April 2002

5.12.1 Anti- money laundering legislation and requirements in respect of KYC procedures for
business relationships did not apply prior to 30th April 2002. It is therefore reasonable to
assume that business relationships commenced before that date may not satisfy the requirements

35
of these guidance notes in terms of supporting documentary evidence. In some circumstances,
the lack of up to date documentary evidence to support existing business relationships may pose
operational and other risks to the institution. Consequently, all relevant financial businesses
must review existing business relationships commenced prior to 30
th
April 2002 (referred to in
this section as “pre 2002 accounts”) to establish whether any documentary evidence required by
their current KYC procedures is lacking. The review must be completed by 31
st
January
2010.

5.12.2 When an institution’s management reviews a pre-2002 account, the form in Annexure E
should be used. Two senior managers who must also sign the form should conduct the review.
This form must be retained with client records, and will be treated as a constituent
element of the institution’s KYC documentation for a pre-2002 account.

5.12.3 In carrying out their review of pre-2002 accounts, management must decide whether to obtain
any missing elements of the documentary evidence, or to decide that, in light of the existing
nature of the business relationship, it is unnecessary to do so. Each business relationship must
be treated in one-way or the other. A decision must not be taken on the basis of categories or
groups of clients.

5.12.4 When reviewing the nature of a business relationship, management should take into account a
number of considerations, such as the length of time the relationship has been in place, the
frequency with which the institution has contact with the client, and the volumes and numbers
of transactions. Such factors will help determine whether it is necessary to update or
supplement KYC documentation already held.

5.12.5 Where it is decided to seek missing documentation, the institution must do so at the earliest
possible opportunity and persist until the information is received, or the original decision
revised. Where missing information is not obtained within a reasonable period of time, the
institution should consider termination of the business relationship

5.13 Internet or Online Banking

5.13.1 Banking and investment business on the Internet add a new dimension to Financial
Institutions' activities. The unregulated nature of the Internet is attractive to criminals, opening
up alternative possibilities for money laundering, and fraud.

5.13.2 It is recognized that on-line transactions and services are convenient. However, it is not
appropriate that Financial Institutions should offer on-line live account opening allowing full
immediate operation of the account in a way which would dispense with or bypass normal
identification procedures.

5.13.3 However, initial application forms could be completed on-line and then followed up with
appropriate identification checks. The account, in common with accounts opened through more
traditional methods, should not be put into full operation until the relevant account opening
provisions have been satisfied in accordance with these Guidance Notes.

5.13.4 The development of technologies such as encryption, digital signatures, etc., and the
development of new financial services and products, makes the Internet a dynamic environment
offering significant business opportunities. The fast pace of technological and product

36
development has significant regulatory and legal implications, and Bangladesh Bank is
committed to keeping up to date with any developments on these issues through future revisions
to its Guidance Notes.

5.14 Provision of Safe Custody and Safety Deposit Boxes

Where facilities to hold boxes, parcels and sealed envelopes in safe custody are made available, it is
expected that Financial Institutions will follow the identification procedures set out in these
Guidance Notes. In addition such facilities should only be made available to account holders.

5.15 Timing and Duration of Verification

5.15.1 The best time to undertake verification is prior to entry into the account relationship.
Verification of identity should, as soon as is reasonably practicable, be completed before any
transaction is completed.

5.15.2 However, if it is necessary for sound business reasons to open an account or carry out a
significant one-off transaction before verification can be completed, this should be subject to
stringent controls which should ensure that any funds received are not passed to third parties.
Alternatively, a senior member of staff may give appropriate authority.

5.15.3 This authority should not be delegated, and should only be done in exceptional circumstances.
Any such decision should be recorded in writing.


5.15.4 Verification, once begun, should normally be pursued either to a satisfactory conclusion or to
the point of refusal. If a prospective customer does not pursue an application, staff may (or may
not) consider that this is in itself suspicious.




37
CHAPTER VI: ANTI MONEY LAUNDERING PROCESSES
6.1 Know Your Customer Procedures

6.1.1 Each Financial Institution is required to perform due diligence on all prospective clients prior to
opening an account. This process is completed by fulfilling the documentation requirements
(Account Application, Bank References, Source of funds and Identification for example) and
also a ‘Know Your Customer’ profile which is used to record a client’s source of wealth,
expected transaction activity at it’s most basic level.

6.1.2 Once the identification procedures have been completed and the client relationship is
established, Financial Institutions should monitor the conduct of the relationship/account to
ensure that it is consistent with the nature of business stated when the relationship/account was
opened. Financial Institutions do this firstly by the their staff being diligent, reporting
suspicious transactions undertaken by the customer, updating the client’s KYC profile for any
significant changes in their lifestyle (e.g., change of employment status, increase in net worth)
and by monitoring the transaction activity over the client’s account on a periodic basis.

6.1.3 KYC profile gives the basic information about the customer like, Name, Address, Tel/Fax
Numbers, line of business, Annual sales. If the customer is a Public Figure, the account will
become automatically a High Risk Account.

6.1.4 The KYC Profile information will also include the observations of the Institution’s Staff/Officer
when they visit the customer’s business place like, the business place is owned or rented, the
type of clients visited, by what method is the client paid (cheque or cash). The Staff/Officer will
record his observations and sign the KYC Profile form.

6.1.5 In the case of high net worth Accounts, the information will include net worth of the customer,
source of funds etc

6.1.6 The KYC Profile leads to Risk Classification of the Account as High/Low Risk.





3.1.1


6.2 Risk categorization – Based on Activity/KYC Profile

6.2.1 When opening accounts, the concerned staff/Officer must assess the risk that the accounts could
be used for “money laundering”, and must classify the accounts as either High Risk or Low
Risk. The risk assessment may be made using the KYC Profile Form given in Annexure D in
which following seven risk categories are scored using a scale of 1 to 5 where scale 4-5 denotes
High Risk, 3- Medium Risk and 1-2 Low Risk:

§ Occupation or nature of customer’s business
§ Net worth / sales turnover of the customer
§ Mode of opening the account
Staff/Officer
assessment
Or customer
Provided
info
KYC
profile
Risk
Classification
Frequency of
Monitoring and
Review


38
§ Expected value of monthly transactions
§ Expected number of monthly transactions
§ Expected value of monthly cash transactions
§ Expected number of monthly cash transactions

6.2.2 The risk scoring of less than 14 indicates low risk and more than 14 would indicate high risk.
The risk assessment scores are to be documented in the KYC Profile Form (see Annexure D).
However, management may judgmentally override this automatic risk assessment to “Low
Risk” if it believes that there are appropriate mitigants to the risk. This override decision must
be documented (reasons why) and approved by the Branch Manager, and Branch AML
Compliance Officer.

6.2.3 KYC Profiles and Transaction Profiles must be updated and re-approved at least annually for
“High Risk” accounts (as defined above). There is no requirement for periodic updating of
profiles for “Low Risk” transactional accounts. These should, of course, be updated if and
when an account is reclassified to “High Risk”, or as needed in the event of investigations of
suspicious transactions or other concern.

6.3 Transaction Monitoring Process

6.3.1 Financial Institutions are expected to have systems and controls in place to monitor on an
ongoing basis the relevant activities in the course of the business relationship. The nature of this
monitoring will depend on the nature of the business. The purpose of this monitoring is for
Financial Institutions to be vigilant for any significant changes or inconsistencies in the pattern
of transactions. Inconsistency is measured against the stated original purpose of the accounts i.e.
the declared Transaction Profile (TP) of the Customer. Possible areas to monitor could be: -

a. transaction type
b. frequency
c. unusually large amounts
d. geographical origin/destination
e. changes in account signatories

6.3.2.It is recognized that the most effective method of monitoring of accounts is achieved through a
combination of computerized and human manual solutions. A corporate compliance culture,
and properly trained, vigilant staff through their day-to-day dealing with customers, will form
an effective monitoring method as a matter of course. Computerized approaches may include
the setting of “floor levels" for monitoring by amount. Different “floor levels” or limits may be
set for different categories of customers.

6.3.3.Whilst some Financial Institutions may wish to invest in expert computer systems specifically
designed to assist the detection of fraud and money laundering, it is recognized that this may
not be a practical option for many Financial Institutions for the reasons of cost, the nature of
their business, or difficulties of systems integration, in such circumstances institutions will need
to ensure they have alternative systems in place.

6.3.4.Every Business and every individual will have normally certain kind of transaction in line with
their business/individual needs. This will be declared in a Transaction Profile (TP) at the time of
opening account from the customer. Ideally any deviation from the normally expected TP

39
should be reviewed with human judgment and interaction with customer. Such reviews may
result in changing the expected profile or closing the customer account.

6.3.5. It may not be feasible for some institutions or specific branches of institutions having very
large number of customers to track every single account against the TP where a risk based
approach should be taken for monitoring transactions based on use of “Customer Categories”
and “Transaction Limits” (individual and aggregate) established within the branch. The
Customer Category is assigned at account inception - and may be periodically revised - and is
documented on the Transaction Profile. Transaction Limits are established by the business
subject to agreement by Branch AMLCO. The Customer Categories and Transaction Limits are
maintained in the manual ledgers or computer systems.

6.3.6.On a monthly basis Branch/ Unit of the financial institution must prepare an exception report of
customers whose accounts showed one or more individual account transaction during the period
that exceeded the “transaction limit” established for that category of customer based on Anti-
Money Laundering risk assessment exercise.

6.3.7.Account Officers/Relationship Managers or other designated staff will review and sign-off on
such exception report of customers whose accounts showed one or more individual account
transaction during the period that exceeded the “transaction limit” established for that category
of customer. The concerned staff will document their review by initial on the report, and where
necessary will prepare internal Suspicious Activity Reports (SARs) with action plans for
approval by the relevant Branch Manager and review with the Branch AMLCO. A copy of the
transaction identified will be attached to the SARs.

6.3.8.AMLCO will review the SARs and responses from the Account Officers /Relationship
Managers or other concerned staff. If the explanation for the exception does not appear
reasonable then the Branch/Unit Head should review the transactions prior to considering
submitting them to the regional AMLCO or CAMLCO.

6.3.9.If the Branch/Unit Head and / or AMLCO believe the transaction should be reported then the
AMLCO will supply the relevant details to the RAMLCO or the CAMLCO.

6.3.10. The RAMLCO and CAMLCO will investigate any reported accounts and will send a status
report on any of the accounts reported. No further action should be taken on the account until
notification has been received.

6.3.11. If, after confirming with the client, the transaction trend is to continue the Account Officer is
responsible for documenting the reasons why the transaction profile has changed and should
amend the KYC profile accordingly.

6.4 Suspicious Activity Reporting Process

6.4.1 Financial Institutions must establish written internal procedures so that, in the event of a
suspicious activity being discovered, all staff is aware of the reporting chain and the procedures
to follow. Such procedures should be periodically updated to reflect any regulatory changes.

6.4.2 Financial Institutions should ensure that staff report all suspicious activities to their
Branch/Unit level AMLCO, and that any such report be considered in the light of all other

40
relevant information by the AMLCO, or by another designated person, for the purpose of
determining whether or not the information or other matter contained in the report does give
rise to a knowledge or suspicion (See section 2 Umah of the AML Circular #2).

6.4.3 Where staff continues to encounter suspicious activities on an account, which they have
previously reported to the AMLCO, they should continue to make reports to the AMLCO
whenever a further suspicious transaction occurs, and the AMLCO should determine whether a
disclosure in accordance with the regulations is appropriate.

6.4.4 All reports of suspicious activities must reach the CAMLCO and only the CAMLCO should
have the authority to determine whether a disclosure in accordance with the regulation is
appropriate. However the line/relationship manager can be permitted to add his comments to the
suspicion report indicating any evidence as to why he/she believes the suspicion is not justified.

6.4.5 Detailed procedures on reporting of suspicious activities are given in Chapter VIII of this
Guidance Notes.

6.5 Self-Assessment Process

Each financial institution should establish an annual self-assessment process that will assess how
effectively the financial institution's anti- money laundering procedures enable management to
identify areas of risk or to assess the need for additional control mechanisms. The self-assessment
should conclude with a report documenting the work performed, who performed it, how it was
controlled and supervised and the resulting findings, conclusions and recommendations. The self-
assessment should advise management whether the internal procedures and statutory obligations of
the financial institution have been properly discharged. The report should provide conclusions to
three key questions:
§ Are anti-money laundering procedures in place?
§ Are anti-money laundering procedures being adhered to?
§ Do anti-money laundering procedures comply with all policies, controls and statutory
requirements?

6.6 System of Independent Procedures Testing

Testing is to be conducted at least annually by the financial institution's internal audit personnel,
compliance department, and by an outside party such as the institution's external auditors. The tests
include:

§ interviews with employees handling transactions and interviews with their supervisors to
determine their knowledge and compliance with the financial institution's anti- money
laundering procedures;
§ a sampling of large transactions followed by a review of transaction record retention forms
and suspicious transaction referral forms;
§ a test of the validity and reasonableness of any exemptions granted by the financial
institution; and
§ a test of the record keeping system according to the provisions of the Act.
Any deficiencies should be identified and reported to senior management together with a request for a
response indicating corrective action taken or to be taken and a deadline

41

CHAPTER VII: RECORD KEEPING

7.1. Statutory Requirements

7.1.1 The requirement contained in Section 19 Ka of the Act to retain correct and full records of
customers’ identification and transactions at least for five years after termination of
relationships with the customers is an essential constituent of the audit trail that the law seek to
establish.

7.1.2 If the law enforcement agencies investigating a money laundering case cannot link funds
passing through the financial system with the original criminal money, then confiscation of
those funds cannot be made. Often the only valid role required of a financial institution in a
money laundering investigation is as a provider of relevant records, particularly where the
money launderer has used a complex web of transactions specifically for the purpose of
confusing the audit trail.

7.1.3 The records prepared and maintained by any financial institution on its customer relationships
and transactions should be such that:

• requirements of legislation and Bangladesh Bank directives are fully met;
• competent third parties will be able to assess the institution’s observance of money
laundering policies and procedures;
• any transactions effected via the institution can be reconstructed;
• any customer can be properly identified and located;
• all suspicious reports received internally and those made to Bangladesh Bank can be
identified; and
• the institution can satisfy within a reasonable time any enquiries or court orders from the
appropriate authorities as to disclosure of information.

7.1.4 Where there has been a report of a suspicious activity or the Institution is aware of a continuing
investigation into money laundering relating to a client or a transaction, records relating to the
transaction or the client should be retained until confirmation is received that the matter has
been concluded.

7.2 Documents Verifying Evidence of Identity and Transaction Records

7.2.1 Records relating to verification of identity will generally comprise:

§ a description of the nature of all the evidence received relating to the identity of the
verification subject;
§ the evidence itself or a copy of it or, if that is not readily available, information reasonably
sufficient to obtain such a copy.

7.2.2 Records relating to transactions will generally comprise:


42
§ details of personal identity, including the names and addresses, etc. as prescribed by
Bangladesh Bank under AML Circular # 2 and subsequent directives pertaining to:
(1) the customer;
(2) the beneficial owner of the account or product;
(3) the non-account holder conducting any significant one-off transaction;
(4) any counter-party;
§ details of transaction including:
(5) the nature of such transactions;
(6) Customer’s instruction(s) and authority(ies);
(7) source(s) and volume of funds;

(8) destination(s) of funds;
(9) book entries;
(10) custody of documentation;
(11) the date of the transaction;
(12) the form (e.g. cash, cheque) in which funds are offered and paid out.

7.2.3 These records of identity must be kept for at least five years from the date when the relationship
with the customer has ended. This is the date of:
i. the carrying out of the one-off transaction, or the last in a series of linked one-off
transactions; or
ii. the ending of the business relationship; or
iii. the commencement of proceedings to recover debts payable on insolvency.

7.3 Formats and Retrieval of Records

7.3.1 To satisfy the requirements of the law, it is important that records are capable of retrieval
without undue delay. It is not necessary to retain documents in their original hard copy form,
provided that the firm has reliable procedures for holding records in microfiche or electronic
form, as appropriate, and that these can be reproduced without und ue delay. In addition, an
institution may rely on the records of a third party, such as a bank or clearing house in respect
of details of payments made by customers. However, the primary requirement is on the
institution itself and the onus is thus on the business to ensure that the third party is willing and
able to retain and, if asked to, produce copies of the records required.

7.3.2 However, the record requirements are the same regardless of the format in which they are kept
or whether the transaction was undertaken by paper or electronic means. Documents held
centrally must be capable of distinguishing between the transactions relating to different
customers and of identifying where the transaction took place and in what form.

7.4 Wire Transfer Transactions

7.4.1 Investigations of major money laundering cases over the last few years have shown that
criminals make extensive use of telegraphic transfers (TT) and electronic payment and message
systems. The rapid movement of funds between accounts in different jurisdictions increases the
complexity of investigations. In addition, investigations become even more difficult to pursue
if the identity of the original ordering customer or the ultimate beneficiary is not clearly shown
in a TT and electronic payment message instruction.


43
7.4.2 Following the recent focus on terrorist financing, relevant financial businesses are required to
include accurate and meaningful originator (name, account number, and where possible
address) and beneficiary information (account name and/or account number) on all outgoing
funds transfers and related messages that are sent, and this information should remain with the
transfer or related message throughout the payment chain. Institutions should conduct
enhanced scrutiny of and monitor for suspicious incoming funds transfers which do not contain
meaningful originator information.

7.4.3 The records of electronic payments and messages must be treated in the same way as any other
records in support of entries in the account and kept for a minimum of five years.
7.5 Investigations

7.5.1 Where an institution has submitted a report of suspicious activity to Bangladesh Bank (see
Chapters VI and VIII of these Guidance Notes) or where it knows that a client or transaction is
under investigation, it should not destroy any relevant records without the agreement of the
Bangladesh Bank even though the five-year limit may have been reached.

7.5.2 Financial Institutions should maintain a register or tabular records of all investigations made to
it by the Bangladesh Bank and all disclosures to the Bangladesh Bank. The register should be
kept separate from other records and contain as a minimum the following details:

i. the date and nature of the enquiry,
ii. details of the account(s) involved; and
iii. be maintained for a period of at least 5 years.
7.6 Training Records

So that Financial Institutions can demonstrate that they have complied with the
regulations concerning staff training, they should maintain records which include:-

(i) details of the content of the training programs provided;
(ii) the names of staff who have received the training;
(iii) the date on which the training was delivered;
(iv) the results of any testing carried out to measure staff understanding of the money
laundering requirements; and
(v) an on-going training plan.


44
CHAPTER VIII: RECOGNITION AND REPORTING OF SUSPICIOUS TRANSACTIONS

8.1 Recognition of Suspicious Transactions

8.1.1 As the types of transactions that may be used by a money launderer are almost unlimited, it is
difficult to define a suspicious transaction. Suspicion is personal and subjective and falls far
short of proof based on firm evidence. It is more than the absence of certainty that someone is
innocent. A person would not be expected to know the exact nature of the criminal offence or
that the particular funds were definitely those arising from the crime. However, a suspicious
transaction will often be one that is inconsistent with a customer's known, legitimate business or
personal activities or with the normal business for that type of customer. Therefore, the first
key to recognition is knowing enough about the customer's business to recognize that a
transaction, or series of transactions, is unusual.

8.1.2 Questions that a financial Institution must consider when determining whether an established
customer’s transaction must be suspicious are:

• Is the size of the transaction consistent with the normal activities of the customer ?
• Is the transaction rational in the context of the customer’s business or personal activities ?
• Has the pattern of transactions conducted by the customer changed ?
• Where the transaction is international in nature, does the customer have any obvious
reason for conducting business with the other country involved ?

8.1.3 Examples of what might constitute suspicious transactions are given by types of business in
Annexure G. These are not intended to be exhaustive and only provide examples of the
most basic way by which money may be laundered. However, identification of any of the
types of transactions listed in Annexure G should prompt further investigation and be a catalyst
towards making at least initial enquiries about the source of funds.
8.2 Reporting of Suspicious Transactions

8.2.1 There is a statutory obligation on all staff to report suspicions of money laundering. Section 19
Ga of the Act contains the requirement to report to the Bangladesh Bank. Actual reporting
should be made in accordance with an internal reporting procedure to be established by a
financial institution for the purposes of facilitating the operation of the reporting obligation.

8.2.2 In line with accepted practice, some businesses may choose to require that such unusual or
suspicious transactions be drawn initially to the attention of supervisory management to ensure
that there are no known facts that will negate the suspicion before further reporting on to the
Anti Money Laundering Compliance Officer or an appointed deputy.

8.2.3 Each institution has a clear obligation to ensure:

• that each relevant employee knows to which person they should report suspicions, and
• that there is a clear reporting chain under which those suspicions will be passed
without delay to the Chief Anti Money Laundering Compliance Officer.


45
8.2.4 Once employees have reported their suspicions to the appropriate person in accordance with an
established internal reporting procedure they have fully satisfied the statutory obligations.

8.2.5 Financial institutions must refrain from carrying out transactions which they know or suspect to
be related to money laundering until they have apprised the Bangladesh Bank. Where it is
impossible in the circumstances to refrain from executing a suspicious transaction before
reporting to the Bangladesh Bank or where reporting it is likely to frustrate efforts to pursue the
beneficiaries of a suspected money laundering operation, the financial institutions concerned
shall apprise the Bangladesh Bank immediately afterwards. While it is impossible to spell out in
advance how to deal with every possible contingency, in most cases common sense will suggest
what course of action is most appropriate. Where there is doubt, the advice of the Anti Money
Laundering Compliance Officers may be sought.

8.2.6 It is the Chief Anti Money Laundering Compliance Officer (CAMLCO) who will have the
responsibility in financial institutions for communicating reports of suspicious transactions to
the Anti-Money Laundering Department of Bangladesh Bank and who will provide the liaison
between the financial institution and the Bangladesh Bank.

8.2.7 The CAMLCO has a significant degree of responsibility and should be familiar with all aspects
of the legislation. He/she is required to determine whether the information or other matters
contained in the transaction report he/she has received give rise to a knowledge or suspicion
that a customer is engaged in money laundering.

8.2.8 S/he must take steps to validate the suspicion in order to judge whether or not a report should be
submitted to Bangladesh Bank. In making this judgment, the CAMLCO should consider all
other relevant information available within the financial institution concerning the person or
business to which the initial report relates. This may include a review of other transaction
patterns and volumes through the account or accounts in the same name, the length of the
relationship, and referral to identification records held. If, after completing this review, the
CAMLCO decides that there are no facts that would negate the suspicion, then he must disclose
the information to Bangladesh Bank.

8.2.9 The determination of whether or not to report implies a process with at least some formality
attached to it. It does not necessarily imply that the CAMLCO must give reasons for negating,
and therefore not reporting any particular matter, but it clearly would be prudent for internal
procedures to require that written reports are submitted and that he/she should record his/her
determination in writing. Clearly in cases where there is a doubt it would be prudent for the
CAMLCO to make a report to the Bangladesh Bank.

8.2.10 It is therefore imperative that the CAMLCO has reasonable access to information that will
enable him/her to undertake his/her responsibility. In addition, the reference in the above sub-
section 8.2.9 to "determination" implies a process with some formality. It is important therefore
that the CAMLCO should keep a written record of every matter reported to him, of whether or
not the suggestion was negated or reported, and of his reasons for his decision.

8.2.11 The CAMLCO will be expected to act honestly and reasonably and to make his
determinations in good faith. Provided the CAMLCO or an authorized deputy does act in good
faith in deciding not to pass on any suspicions report, there will be no liability for non-reporting
if the judgment is later found to be wrong.


46
8.2.12 Care should be taken to guard against a report being submitted as a matter of routine to
Bangladesh Bank without undertaking reasonable internal enquiries to determine that all
available information has been taken into account.

8.3 Internal Reporting Procedures and Records

8.3.1 Reporting lines should be as short as possible, with the minimum number of people between
the person with the suspicion and the CAMLCO. This ensures speed, confidentiality and
accessibility to the CAMLCO. However, in line wit h accepted practice, some financial sector
businesses may choose to require that such unusual or suspicious transactions be drawn initially
to the attention of supervisory management to ensure that there are no known facts that will
negate the suspicion before further reporting to the CAMLCO or an appointed deputy through
the branch/unit level AMLCO.

8.3.2 Supervisors should also be aware of their own legal obligations. An additional fact which the
supervisor supplies may negate the suspicion in the mind of the person making the initial report,
but not in the mind of the supervisor. The supervisor then has a legal obligation to report to the
AMLCO.

8.3.3 Larger institutions may choose to appoint deputy AMLCOs within divisions or branches, to
enable the validity of the suspicion to be examined before being passed to CAMLCO. In such
cases, the role of the deputy AMLCOs must be clearly specified and documented. All
procedures should be documented in appropriate manual and job descriptions.

8.3.4 All suspicions reported to the AMLCO should be documented (in urgent cases this may follow
an initial discussion by telephone). In some organizations it may be possible for the person
with the suspicion to discuss it with the AMLCO and for the report to be prepared jointly. In
other organizations the initial report should be prepared and sent to the AMLCO. The report
should include the full details of the customer and as full a statement as possible of the
information giving rise to the suspicion.

8.3.5 The AMLCO should acknowledge receipt of the report and at the same time provide a
reminder of the obligation to do nothing that might prejudice enquiries, i.e. “tipping off”. All
internal enquiries made in relation to the report, and the reason behind whether or not to submit
the report to the authorities, should be documented. This information may be required to
supplement the initial report or as evidence of good practice and best endeavors if, at some
future date, there is an investigation and the suspicions are confirmed

8.3.6 On-going communication between the AMLCO and the reporting person/department is
important. The institution may wish to consider advising the reporting person, department or
branch of the AMLCO’s decision, particularly if the report is believed to be invalid. Likewise,
at the end of an investigation, consideration should be given to advising all members of staff
concerned of the outcome. It is particularly important that the AMLCO is informed of all
communication between the investigating officer and the branch/unit concerned at all stages of
the investigation.

8.3.7 Records of suspicions, which were raised internally with the CAMLCO but not disclosed to
Bangladesh Bank, should be retained for five years from the date of the transaction. Records of
suspicions which the Bangladesh Bank has advised are of no interest should be retained for a

47
similar period. Records of suspicions that assist with investigations should be retained until the
financial institution is informed by the Bangladesh Bank that they are no longer needed.

8.4 Reporting Procedures

8.4.1 The national reception point for reporting of suspicions by the CAMLCO is:
The General Manager
Anti-Money Laundering Department
Bangladesh Bank
Head Office
Dhaka

8.4.2 The Anti Money Laundering Department of Bangladesh Bank can be contacted during office
hours at the following numbers:

Telephone: (02) 7120659 and (02) 7120371
Fax: (02) 9566212
Email: gmamlbb@bangla.net

8.4.3 The use of a standard format in the reporting of suspicious activities is important and all
institutions are required to use the unusual/suspicious transactions reporting form as per
Annexure GA of the AML Circular No.2 dated 17
th
July 2002. Suspicious activity reports
should be typed whenever possible or, if the standard layout is followed, generated on word-
processing software. Institutions using popular commercial software packages may be able to
take advantage of form-based document and template features. Further information and advice
can be obtained from the Anti Money Laundering Department of Bangladesh Bank.

8.4.4 Sufficient information should be disclosed on the suspicious transaction, including the reason
for the suspicion, to enable the investigating officer to conduct appropriate enquiries. If a
particular offence is suspected, this should be stated so that the report may be passed to the
appropriate investigation team with the minimum of delay. However, it is not necessary to
complete all sections of the suspicious activity report form and its submission should not be
delayed if particular details are not available.

8.4.5 Where additional relevant evidence is held which could be made available to the investigating
officer, this should be noted on the form.

8.4.6 Following the submission of a suspicious activity report, an institution is not precluded from
subsequently terminating its relationship with a customer, provided it does so for normal
commercial reasons. It must not alert the customer to the fact of the disclosure as to do so
would constitute a “tipping-off” offence. Close liaison with Anti Money Laundering
Department of Bangladesh Bank and the investigating officer is encouraged in such
circumstances so that the interests of all parties may be fully considered.






48
CHAPTER IX: TRAINING AND AWARENESS

9.1 Statutory Requirements

9.1.1 Section 4 (Umah) of the Act requires Bangladesh Bank to provide training to the staff/officers
of banks, financial institutions and other institutions engaged in financial activities in order to
combat money laundering.

9.1.2 Since financial institutions themselves have responsibilities under the Act in relation to
identification, reporting and record retention, it follows that they must ensure that their staffs
are adequately trained to discharge their responsibilities.

9.1.3 It is therefore imperative for all financial institutions to take appropriate measures to make
employees aware of:

§ policies and procedures to prevent money laundering and for identification, record
keeping and internal reporting;
§ the legal requirements; and
§ to provide relevant employees with training in the recognition and handling of
suspicious transactions.

9.1.4 The Act does not specify the nature of the training to be given and these Guidance Notes
therefore set out what steps might be appropriate to enable institutions to fulfill this
requirement.
9.2 The Need for Staff Awareness

9.2.1 The effectiveness of the procedures and recommendations contained in these Guidance Notes
must depend on the extent to which staff in institutions appreciates the serious nature of the
background against which the legislation has been enacted. Staff must be aware of their own
personal statutory obligations and that they can be personally liable for failure to report
information in accordance with internal procedures. All staff must be trained to co-operate
fully and to provide a prompt report of any suspicious transactions.

9.2.2 It is, therefore, important that financial institutions introduce comprehensive measures to ensure
that all staff and contractually appointed agents are fully aware of their responsibilities.

9.3 Education and Training Programs

9.3.1 Timing and content of training packages for various sectors of staff will need to be adapted by
individual businesses for their own needs. However it is recommended that the following might
be appropriate.

9.3.2 All relevant staff should be educated in the process of the “know your customer” requirements
for money laundering prevention purposes. The training in this respect should cover not only
the need to know the true identity of the customer but also, where a business relationship is
being established, the need to know enough about the type of business activities expected in
relation to that customer at the outset to know what might constitute suspicious activity at a

49
future date. Relevant staff should be alert to any change in the pattern of a customer’s
transactions or circumstances that might constitute criminal activity.

9.3.3 Although Directors and Senior Managers may not be involved in the day-to-day procedures, it
is important that they understand the statutory duties placed on them, their staff and the
institution itself. Some form of high-level general awareness raising training is therefore
suggested.
9.4 New Employees

A general appreciation of the background to money laundering, and the subsequent need for reporting
any suspicious transactions to the Anti Money Laundering Compliance Officer (AMLCO) should be
provided to all new employees who are likely to be dealing with customers or their transactions,
irrespective of the level of seniority. They should be made aware of the importance placed on the
reporting of suspicions by the organization, that there is a legal requirement to report, and that there is
a personal statutory obligation to do so.

9.5 Customer Service/Relationship Managers/Tellers/Foreign Exchange Dealers

9.5.1 Members of staff who are dealing directly with the public are the first point of contact with
potential money launderers and their efforts are vital to the organization's strategy in the fight
against money laundering. They must be made aware of their legal responsibilities and should
be made aware of the organization's reporting system for such transactions. Training should be
provided on factors that may give rise to suspicions and on the procedures to be adopted when a
transaction is deemed to be suspicious.

9.5.2 It is vital that 'front - line' staffs are made aware of the organization's policy for dealing with non-
regular (walk in) customers particularly where large transactions are involved, and the need for
extra vigilance in these cases.

9.6 Processing (Back Office) Staff

Those members of staff who receive completed Account Opening, Payment Order/DD/TT/FDR
application forms and cheques for deposit into customer’s account or other investments must receive
appropriate training in the processing and verification procedures. Those members of staff, who are
in a position to deal with account opening, or to accept new customers, must receive the training
given to cashiers and other front office staff above. In addition, the need to verify the identity of the
customer must be understood, and training should be given in the organization's account opening and
customer/client verification procedures. Such staff should be aware that the offer of suspicious funds
or the request to undertake a suspicious transaction may need to be reported to the Anti Money
Laundering Compliance Officer (or alternatively a line supervisor) whether or not the funds are
accepted or the transactions proceeded with and must know what procedures to follow in these
circumstances.


50
9.7 Senior Management/Operations Supervisors and Managers

A higher level of instruction covering all aspects of money laundering procedures should be provided
to those with the responsibility for supervising or managing staff. This will include the offences and
penalties arising from the Act for non-reporting and for assisting money launderers; internal reporting
procedures and the requirements for verification of identity and the retention of records.
9.8 Anti Money Laundering Compliance Officer

In depth training on all aspects of the Money Laundering Legislation, Bangladesh Bank directives
and internal policies will be required for the Anti Money Laundering Compliance Officer. In
addition, the AMLCO will require extensive instructions on the validation and reporting of suspicious
transactions and on the feedback arrangements, and on new trends and patterns of criminal activity.

9.9 Refresher Training

In addition to the above relatively standard requirements, training may have to be tailored to the
needs of specialized areas of the institution’s business. It will also be necessary to keep the content of
training programs under review and to make arrangements for refresher training at regular intervals
i.e. at least annually to ensure that staff does not forget their responsibilities. Some financial sector
businesses may wish to provide such training on an annual basis; others may choose a shorter or
longer period or wish to take a more flexible approach to reflect individual circumstances, possibly in
conjunction with compliance monitoring.
















51
ANNEXURES
Annexure A: Model Account Application Form for Individual Accounts


ACCOUNT APPLICATION FORM – INDIVIDUAL ACCOUNT

I / We apply to open account(s) with ……………………….. (the “Bank”) in the currency(s)
mentioned below. I / We agree to provide any document requested by the Bank according to the type
of Account(s) applied. I / We hereby confirm that I / We have gone through the Bank’s Individual
Account Conditions which I / We accept entirely and agree to be bound by such terms and conditions
as amended and supplemented from time to time.

[Please tick ( √ ) appropriately]

I / We hereby request the opening of an account with …………………………..in the following
manner.

Capacity : Single Joint

Account Category Current Account Savings Account Fixed Deposit Account
Other, (Please Specify):---------------------------------------------

Account Currency Bangladesh Taka United States Dollars
Other Foreign Currency, (Please Specify):-------------------------------

Customer Type Bangladesh National Resident in Bangladesh Non-
Resident
Foreign National Resident in Bangladesh Non-Resident


Account Title (Please Specify) : -----------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------


CUSTOMER INFORMATION – PRIMARY APPLICANT

Name : Mr./Mrs./Ms./Dr./Other, (Please Specify) : ----------------------------------
Father’s /Husband’s Name : --------------------------------------------------------------------
Mother’s Name : -----------------------------------------------------------------------------
Marital Status : Married Single Other, (Please Specify):
Date of Birth : ----------------------------------------------- Passport No : --------------------

52
Nationality : ----------------------------------------------- TIN : ------------------------------
Permanent Address : --------------------------------------------------------------------------------------
Mailing Address : -----------------------------------------------------------------------------
(if different from above) : -----------------------------------------------------------------------------
Occupation : ----------------------------------------------- Income (Per month):------------
Employer : --------------------------------------------------------------------------------------
Employer’s Address : --------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
Contact Details : Telephone (Home) : --------------------- Telephone (Office) : ------------
: Telephone (Mobile) : ------------------- - E-mail : ---------------------------
Existing Banker : -----------------------------------------------------------------------------
(1) CUSTOMER INFORMATION – JOINT APPLICANT

Name : Mr./Mrs./Ms./Dr./Other, (Please Specify) : ----------------------------------------------------
Father’s / Husband’s Name : --------------------------------------------------------------------
Mother’s Name : -----------------------------------------------------------------------------
Marital Status : Married Single Other, (Please Specify):
Date of Birth : ----------------------------------------------- Passport No : --------------------
Nationality : ----------------------------------------------- TIN : ------------------------------
Permanent Address : --------------------------------------------------------------------------------------
Mailing Address : -----------------------------------------------------------------------------
(if different from above) : -----------------------------------------------------------------------------
Occupation : ----------------------------------------------- Income (Per month):------------
Employer : --------------------------------------------------------------------------------------
Employer’s Address : --------------------------------------------------------------------------------------
Contact Details: Telephone (Home) : --------------------- Telephone (Office) : ---------------------
Telephone (Mobile) : ------------------- - E-mail : --------------------------------------------------------
Existing Banker : -----------------------------------------------------------------------------

Signature(s) of Customer(s)
Primary Applicant Joint Applicant Joint Applicant



Name

Name Name
Date Date Date

53

Introduced by :

Name :



Signature :

Account No. :



Address :

For Bank Use Only
Initial Deposit Account
Number
Date






Category A - Approver


Category B - Approver




54
Annexure B: Model Account Application Form for Corporate Accounts

ACCOUNT APPLICATION FORM – CORPORATE ACCOUNT

We apply to open account(s) with ……………………….. (the “Bank”) in the currency(s) mentioned below.
We agree to provide any document requested by the Bank according to the type of Account(s) applied. We
hereby confirm receipt of the Bank’s Account Conditions which we accept entirely.

[Please tick ( √ ) appropriately]

We hereby request opening of account(s) with …………………………..

Residency Resident Non-Resident

Account Category Current Account Convertible Account
Fixed Deposit Account Special Notice Deposit Account
Other, (Please Specify):----------------------------------------------------

Account Currency Bangladesh Taka
United States Dollars
Other Foreign Currency, (Please Specify):-------------------------------

Customer Type Limited Liability Company Incorporated in Bangladesh
Limited Liability Company Incorporated Overseas
Sole Proprietorship
Partnership
NGO / Unincor porated Association
Other, (Please Specify): -----------------------------------------------------

Account Title (Please Specify) : ---------------------------------------------------------------------------

TAX INFORMATION [Applicable for Fixed Deposit(s) / Short Notice Deposit Account(s)
Tax Not Exempt Tax Identification Number : --------------------------------------------------
Tax Exempt Approval Dated : ------------------------------------------------------(Copy
Enclosed)

DEPOSIT INFORMATION [Applicable for Fixed Deposits(s)

Title of the Deposit : -------------------------------------------------------------------------------------
Amount : (in words):----------------------------------------------------------------
(in figures):---------------------------------------------------Interest Rate : ------------------(%)
Tenor Three Month Six Month Twelve Month
Other, (Please specify): --------------------------------------------------------------
Deposit by Cash
Cheque Number -----------------------------------------dated------------drawn on

55
-------------------------------------------------------------------------(Bank Name)
We authorize you to debit our Account Number ----------------------with you

DEPOSIT INFORMATION
Maturity Instructions :
Credit principal and interest to our Account Number----------------------------------with you
Renew principal Only and credit interest to our Account Number----------------- ----with you
Renew principal Only and mail your cheque for the Interest to our address
Mail your cheque for the principal & Interest together to our address-------------------------
Renew principal Only and mail your cheque for the Interest to our Account Number----------------------------
--------------------------with------------------------------------------------(Bank Name)
Mail your cheque for the principal & Interest to our Account Number----------------------with ------------------
-------------------------------------------------------------------(Bank Name)

Authorized Signature(s) of the Customer with the Company Seal












Introduced by :

Name :


Signature :

Account No. :


Address :

For Bank Use Only
Initial Deposit Account
Number
Date




Category A - Approver

Category B – Approver



Signature



Name


Title


Signature



Name


Title

56

Annexure C: Model Transaction Profile
Transaction Profile

Bank Products Required
No. of Transactions
(monthly)
Maximum Size
(per Transaction)
Total Value
(monthly)
Outgoing FCY Transfers

Outgoing LCY Transfers

Drafts / Travelers Checks

Cash Withdrawals

Check Payment

Pay Link Payments

FX Products

MM Products (Deposits)

Letters of Credit /
Guarantees

Loan Facilities

Investment Transactions

Payroll Cards

Other (Specify)



Expected Sources of Funds

Incoming FCY Transfers

Incoming LCY Transfers

Cash Deposits

Check Deposits

Cash Collection

Outstation Cash Collections

Outstation Check
Collections

FCY Check Collections

Export Proceeds

Other (Specify)

Note: Please use additional sheets if required

I/We, the undersigned, hereby confirm that this Transaction Profile truly represents the transactions
arising out of the normal course of business of our organization. I/We also confirm to revise our
Transact Profile, if necessary, from time to time.


Signature





Signature


57
Name
Title
Date

Name
Title
Date




58

Annexure D: KYC Profile Form

Customer/Account Name:


Account or Reference Number:


Name of Account Officer/Relationship Manager/ Officer Opening the Account :

Source of funds and nature of business
What is the nature of the business relationship and source of funds.



Describe how the source of funds have been verified and confirmation of whether or not the levels,
types of amounts of transactions are comme nsurate with nature of the business described when the
relationship was established.





1. Who is the actual owner of the account (i.e. account holder acting as an agent/trustee)?
………………………………………………………………………………
……………………………………………………………………
2. Original Passport/ID sighted & photocopy obtained. YES NO
(If no, obtain deferral)

3. For non-resident & foreigners ensure the reason for opening the account in Bangladesh
(i.e. why not in the country of residence/ origin)
Type of visa (Resident / Work) ………………………………………………………………….
………………………………………………………………………………
………………………………………………………………………………
……………….………………………………………………

4. What does the Customer Do?

Category
Risk level
Rating
Jewelry /Gems trade High 5
Money transmitters/changers High 5
Real Estate Agents High 5
Construction promoters of projects High 5
Offshore Corporation High 5
Art/antique dealers High 5
Restaurant/Bar/casino/night club owners High 5
Traders with a turnover of more than 1 crore per annum High 4

59
Import/Export agents High 5
Cash Intensive business (cash deposit > 25 lacs in a month) High 5
Share & Stock broker High 5
Finance Companies (NBFI) High 5
Travel agents High 4
Transport Operators Medium 3
Auto dealers (used/ reconditioned cars) Medium 3
Auto Primary(new car) Low 2
Shop owner (retail) Low 2
Business – Agents, Franchisees Low 2
Small trader (turnover less than 50 lacs per annum) Low 2
Software business Low 1
Manufacturers (other than arms) Low 1
Retired from service Low 0
Service Low 0
Self employed professiona ls Low 2
Operations in multiple locations High 5
Corporate Customers of Repute (irrespective of the category) Low 2

5. What is the net worth / sales turnover of the customer?

Amount ( Tk. ) Risk level Risk rating
1-50 Lacs Low 0
50 L – 200 L Medium 1
> 2 crores High 3

6. How was the a/c opened?

Mode Risk level Risk rating
RM/Affiliate Low 0
DSA Medium 1
Internet High 3
Walk-in / Unsolicited High 3

7. Expected Value of transactions on a monthly basis.

Value for CA
(Tk. Lacs)
Value for SA
(Tk. Lacs)
Risk level Risk rating
0 - 10 0 - 5 Low 0
10 – 50 5 - 20 Medium 1
> 50 > 20 High 3

8. Expected Number of transactions on a monthly basis

Number for CA Number for SA Risk level Risk rating
0 – 100 0 - 20 Low 0
101 – 250 21 - 50 Medium 1
> 250 > 50 High 3

9. Expected Value of Cash Transactions on a monthly basis

Value for CA
(Tk. Lacs)
Value for SA
(Tk. Lac)
Risk level Risk rating

60
(Tk. Lacs) (Tk. Lac)
0 – 10 0 - 2 Low 0
11 - 25 3 - 7 Medium 1
> 25 > 7 High 3

10. Expected Number of Cash Transactions on a monthly basis

Number for CA Number for SA Risk level Risk rating
0 - 15 0 - 5 Low 0
15 - 30 6 - 10 Medium 1
> 30 > 10 High 3

Overall Risk Assessment:

Risk rating Risk assessment
>=14 high
<14 low




Comments:
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
……………………………………………………




Account Officer/RM’s
Signature:



Approver’s Signature:



Approver’s Signature:
Special Approvals obtained:
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………



Complete the profile form for high net worth customers falling under the following criterion:
a) New Customers whose initial deposit is more than Tk. 50 Lacs ( initial means within
One month of A/c opening)
b) Existing customers whose total AUM (Asset under Management) grow to > Tk.
50 Lacs for 3 consecutive months


61
List of Questions to be used when obtaining source of wealth

KYC REQUIREMENT FOR HIGH NET WORTH CUSTOMERS.
APPENDIX I



A. Source of Wealth

Type of source of wealth:
r Business ownership r Top executive r Inheritance
r Profession * r Investments * r Other

Instructions: Please refer to the list of questions to be used when obtaining source of wealth
You may need to choose more than one category for a business owner with inherited wealth











B. Notes of Face-to-face meeting with customers.







C. Annual Review of Customer Profile







Profession – E.g. Physician, lawyer, engineer, accountants and sports professional etc.
Investments – Someone who buys and sells assets of any type: real estate, securities, companies, royalties and
patents etc.

Prepared by:

Account Officer/
Relationship Manager
Reviewed by: Branch
Manager/Branch
Operations Head
Name:

Name:
Date:

Date:



62

Note: This form must be renewed every year

List of Questions to be used when obtaining source of wealth

Wealth Generated From Business Ownership
- Description and nature of the business and its operations
- Ownership type: private or public?
- What kind of company?
- Percent of ownership?
- Estimated sales volume?
- Estimated net income?
- Estimated net worth?
- How long in business?
- How was the business established?
- Other owners or partners (yes/no)?
- Names of other owners or partners?
- Percent owned by other owners or partners?
- Number of employees
- Number of locations?
- Geographic trade areas of business
- Other family members in business?
- Significant revenues from government contract or licenses?

Wealth Derived From Being a Top Executive

- Estimate of compensation?
- What does the company do? (for example, manufacturer, service...)
- Position held (for example, President, CFO)
- Length of time with company?
- Area of expertise (for example, finance, production, etc...)
- Publicly or privately owned?
- Client's past experience (for example, CFO at another company...)

Primary Source of Wealth was Through Inheritance

- In what business was the wealth generated?
- Inherited from whom?
- Type of asset inherited (for example: land, securities, company trusts...)
- When were the assets inherited?
- How much was inherited?
- Percent ownership for a business that is inherited

Wealth Generated From a Profession (Physician, dentist, lawyer, engineer, entertainer, professional
sports...)

- What is the profession, including area of specialty (ex: arts - singer, construction - engineer)
- Source of wealth (Ex: lawyer who derived wealth from real estate, Dr. running a clinic...)
- Estimate of income

Wealth Generated From Investments

- Where did the source of wealth come from? (example, invested in shares, bonds, etc.)
- What do they currently invest in? (for example, real estate, stock market...)

63
- What is the size of the investment?
- Cite notable public transactions if any
- What is the client's role in transaction (ex: takes positions, buy companies, middle man)
- Estimated annual income/capital appreciation?
- How long has the client been an investor?


64
Annexure E: Identification of Directors & Authorised Signatories

(Company letterhead)


The Manager Date: …………………
(Name & Address of Financial Institution)


Sub: Identification of Directors & Authorized signatories

This is to introduce the following directors of the company & authorized signatories of the account(s)
of the company maintained with your bank.

Name
Designation
Father’s Name
Mother’s Name
Date of birth
Nationality
TIN
Present Address Permanent
Address









We certify that information provided above is true and correct. Please treat this letter together with
duly attested photographs of the above individuals attached herewith on separate sheet, as Photo
Identification document.

Sincerely



………………………………………………. (Company Stamp)
Chairman/ Secretary (Name & Seal)



65
Annexure F: Explanation to Walk-in / One-off Customers

The AML Circular # 2 requires us to obtain satisfactory evidence of identification of applicants who
do not maintain accounts with us for conducting one off transactions. You are therefore kindly
requested to provide the following details, together with appropriate documentary evidence, before
this transaction may proceed.

Thank you for your co-operation.

NAME



Date of birth Nationality

Father’s Name

Mother’s Name
ADDRESS



Other Identification
(ID Card number, Passport details etc)


Value of Transaction


Date Signed

Note:
This is an example document which institutions who are regularly engaged in one-off transactions
may care to adapt to their own requirements for obtaining verification of identity in accordance with
the regulations.


66
Annexure G: Examples of Potentially Suspicious Transactions

Financial Institutions may wish to make additional enquiries in the following circumstances

BANKING TRANSACTIONS
Cash transactions

• Unusually large cash deposits made by an individual or company whose ostensible
business activities would normally be generated by cheques and other instruments.

• Substantial increases in cash deposits of any individual or business without apparent
cause, especially if such deposits are subsequently transferred within a short period out of
the account and/or to a destination not normally associated with the customer.

• Customers who deposit cash by means of numerous credit slips so that the total of each
deposit is unremarkable, but the total of all the credits is significant.

• Company accounts whose transactions, both deposits and withdrawals, are denominated
by cash rather than the forms of debit and credit normally associated with commercial
operations (e.g. cheques, Letters of Credit, Bills of Exchange, etc.).

• Customers who constantly pay in or deposit cash to cover requests for payment order,
bankers drafts, money transfers or other negotiable and readily marketable money
instruments.

• Customers who seek to exchange large quantities of low denomination notes for those of
higher denomination.

• Branches that have a great deal more cash transactions than usual. (Head Office statistics
detect aberrations in cash transactions.)

• Customers whose deposits contain counterfeit notes or forged instruments.

• Customers transferring large sums of money to or from other locations with instructions
for payment in cash.

• Large cash deposits using ATM facilities, thereby avoiding direct contact with bank or
building society staff.

Accounts

• Customers who wish to maintain a number of trustee or client accounts which do not
appear consistent with the type of business, including transactions which involve nominee
names.


67
• Customers who have numerous accounts and pay in amounts of cash to each of them in
circumstances in which the total of credits would be a large amount.

• Any individual or company whose account shows virtually no normal personal banking
or business related activities, but is used to receive or disburse large sums which have no
obvious purpose or relationship to the account holder and/or his business (e.g. a
substantial increase in turnover on an account).

• Reluctance to provide normal information when opening an account, providing minimal
or fictitious information or, when applying to open an account, providing information that
is difficult or expensive for the financial institution to verify.

• Customer’s reluctance or refusal to disclose other banking relationships.

• Home address or business location is far removed from the Branch where the account is
being opened and the purpose of maintaining an account at your Branch cannot be
adequately explained.

• Reluctance or refusal to provide business financial statements.

• Information provided by the customer in the Transaction Profile does not make sense for
the customer’s business.

• A visit to the place of business does not result in a comfortable feeling that the business is
in the business they claim to be in.

• Customers who appear to have accounts with several financial institutions within the
same locality, especially whe n the bank is aware of a regular consolidation process from
such accounts prior to a request for onward transmission of the funds.

• Matching of payments out with credits paid in by cash on the same or previous day.

• Paying in large third party cheques endorsed in favor of the customer.

• Large cash withdrawals from a previously dormant/inactive account, or from an account
which has just received an unexpected large credit from abroad.

• Customers who together, and simultaneously, use separate tellers to conduct large cash
transactions or foreign exchange transactions.

• Greater use of safe deposit facilities. Increased activity by individuals. The use of sealed
packets deposited and withdrawn.

• Companies’ representatives avoiding contact with the branch.

• Substantial increases in deposits of cash or negotiable instruments by a professional firm
or company, using client accounts or in-house company or trust accounts, especially if the
deposits are promptly transferred between other client company and trust accounts.


68
• Customers who show an apparent disregard for accounts offering more favorable terms

• Customers who decline to provide information that in normal circumstances would make
the customer eligible for credit or for other banking services that would be regarded as
valuable.

• Insufficient use of normal banking facilities, e.g. avoidance of high interest rate facilities
for large balances.

• Large number of individuals making payments into the same account without an adequate
explanation.
International banking/trade finance

• Customer introduced by an overseas branch, affiliate or other bank based in countries
where production of drugs or drug trafficking may be prevalent.

• Use of Letters of Credit and other methods of trade finance to move money between
countries where such trade is not consistent with the customer’s usual business.

• Customers who make regular and large payments, including wire transactions, that cannot
be clearly identified as bona fide transactions to, or receive regular and large payments
from: countries which are commonly associated with the production, processing or
marketing of drugs; proscribed terrorist organizations; [tax haven countries].

• Building up of large balances, not consistent with the known turnover of the customer’s
business, and subsequent transfer to account(s) held in other locations.

• Unexplained electronic fund transfers by customers on an in and out basis or without
passing through an account.

• Frequent requests for TCs, foreign currency drafts or other negotiable instruments to be
issued.

• Frequent paying in of TCs or foreign currency drafts, particularly if originating from
overseas.

• Customers who show apparent disregard for arrangements offering more favorable terms.
Institution employees and agents

• Changes in employee characteristics, e.g. lavish life styles or avoiding taking holidays.

• Changes in employee or agent performance, e.g. the salesman selling products for cash
have a remarkable or unexpected increase in performance.

• Any dealing with an agent where the identity of the ultimate beneficiary or counterpart is
undisclosed, contrary to normal procedure for the type of business concerned.


69
Secured and unsecured lending

• Customers who repay problem loans unexpectedly.

• Request to borrow against assets held by the financial institution or a third party, where
the origin of the assets is not known or the assets are inconsistent with the customer’s
standing.

• Request by a customer for a financial institution to provide or arrange finance where the
source of the customer’s financial contribution to a deal is unclear, particularly where
property is involved.

• Customers who unexpectedly repay in part or full a mortgage or other loan in a way
inconsistent with their earnings capacity or asset base.

MERCHANT BANKING BUSINESS
New business

• A personal client for whom verification of identity proves unusually difficult and who is
reluctant to provide details.

• A corporate/trust client where there are difficulties and delays in obtaining copies of the
accounts or other documents of incorporation.

• A client with no discernible reason for using the firm’s service, e.g. clients whose
requirements are not in the normal pattern of the institution’s business and could be more
easily serviced elsewhere.

• An investor introduced by an overseas bank, affiliate or other investor, when both
investor and introducer are based in countries where production of drugs or drug
trafficking may be prevalent.

• Any transaction in which the counterparty to the transaction is unknown.

Dealing patterns and abnormal transactions
Dealing patterns

• A large number of security transactions across a number of jurisdictions.

• Transactions not in keeping with the investor’s normal activity, the financial markets in
which the investor is active and the business which the investor operates.

• Buying and selling of a security with no discernible purpose or in circumstances which
appear unusual, e.g. churning at the client’s request.


70
• Low grade securities purchases and sales, with the proceeds used to purchase high grade
securities.

• Bearer securities held outside a recognized custodial system.
Abnormal transactions

• A number of transactions by the same counterparty in small amounts of the same security,
each purchased for cash and then sold in one transaction, the proceeds being credited to
an account different from the original account.

• Any transaction in which the nature, size or frequency appears unusual, e.g. early
termination of packaged products at a loss due to front end loading, or early cancellation,
especially where cash had been tendered and/or the refund cheque is to a third party.

• Transactions not in keeping with normal practice in the market to which they relate, e.g.
with reference to market size and frequency, or at off- market prices.

• Other transactions linked to the transaction in question which could be designed to
disguise money and divert it into other forms or to other destinations or beneficiaries.
Settlements
Payment

• A number of transactions by the same counterparty in small amounts of the same security,
each purchased for cash and then sold in one transaction.

• Large transaction settlement by cash.

• Payment by way of third party cheque or money transfer where there is a variation
between the account holder, the signatory and the prospective investor, must give rise to
additional enquiries.
Delivery

• Settlement to be made by way of bearer securities from outside a recognized clearing
system.

• Allotment letters for new issues in the name of persons other than the client.
Disposition

• Payment to a third party without any apparent connection with the investor.

• Settlement either by registration or delivery of securities to be made to an unverified third
party.

• Abnormal settlement instructions including payment to apparently unconnected parties.

71
Annexure H: Internal Suspicious Activity Report Form
Strictly Private & confidential
To Anti Money Laundering Compliance Officer Date:

From Name (Mr./ Ms)

Branch/Department

Job Title SAR Ref No.


Note: This form may be completed in English. For any queries, please contact AMLCO. Please provide full details of the transaction(s) and any other
relevant data. Attach copies of relevant documents/transaction notes.

Customer/ Business Name

Transaction Date(s)
Account Number(s)



Copies of Transactions and
Account Details Attached
Description of Transaction(s). (Nature of transaction, Origin & destination of
Transaction etc)







Source of Funds and Purpose of Transaction (If you can, try to tactfully ask the
customer)




Reasons why you think the transaction is suspicious (Give as much details as
possible)








Signatures of Bank Staff.

TO BE COMPLETED BY AMLCO.


72
ACTION TAKEN TO VALIDATE

• Acknowledgement sent to the originator on ____________.

• Reviewed account documentation

• Discuss with the relationship manager/ branch manager.

• Other.

AGREED SUSPICIOUS. Yes/No

COMMENTS / NOTES OF AMLCO












Signature
AMLCO Date.


73
Annexure I: Internal Control Checklist

Yes No

Have you carried out a review of processes in your business to identify where
money laundering is most likely to occur?


Is this review regularly updated?

Have you established procedures and controls to prevent or detect money
laundering?


Is the effectiveness of such controls tested?

Do online or electronic transactions circumvent these controls?

Do you have a comprehensive written policy on money laundering?

Is all staff aware of this policy?

Does your money laundering policy include clear guidelines on accepting
corporate hospitality and gifts?


Is all staff aware of their responsibilities with regard to money laundering?

Do they receive regular money laundering training?

Are all members of staff sufficiently capable of identifying suspicious
transactions?


Are your systems capable of highlighting suspicious transactions (i.e. those not
conforming to usual parameters)?


Do all members of staff know the identity of their Anti Money Laundering
Compliance Officer (AMLCO)?


Are your systems capable of providing the AMLCO will all the information
required for the Annual Management Report?


Do you thoroughly check and verify the identity of all your clients?

Do you have client accounts in the name of fictitious persons/ entities?


74

Do you know the identity of the beneficial owner of all your corporate clients?

Is this identity verified?

Are all suspicious transactions reported to Bangladesh Bank?

75
Annexure J:
(The following is an English translation of the Act and incorporates its amendment (Act No. 3 of
2003). Strikethrough words mean that these were removed while those in italic mean that these were
inserted by the amendment. In case of any dispute the official Bangla versions of the Acts shall
prevail).
Money Laundering Prevention Act, 2002 (Act No.7 of 2002)


Whereas it is just and necessary to prepare rules with a view to preventing money laundering,
Therefore, it is enacted as under :
First Chapter
Introduction

1. Short Title and Introduction.-(1) This Act will be called as ‘Money Laundering Protirodh
(Prevention) Ain (Act), 2002
(2) This Act will be in force on the date to be fixed through Government Gazette;
2. Definition. - If nothing is contrary to the subject and reference, in this Act-
(Ka) “ Illegal means” will mean any means which is not recognized by any Act, Rules or
Regulations;
(Kha) “Crime” means any crime under this Act,
(Ga) “Court” means Money Laundering Court”;
(Gha) Financial Institution” means financial institution defined under Section 2 (Kha) of
Financial Institution Act,1993 (Act No.-27of 1993);
(Umah) “Code of Civil Procedure” means Code of Civil Procedure, 1908 (Act V of 1908);
(Cha) “ Court of Session” means Court of Session mentioned in Section 6 of Code of
Criminal Procedure;
(Chaa) “Determined” means determined by rules;
(Ja) “Code of Criminal Procedure” means Code of Criminal Procedure, 1898 (Act V of
1898);
(Jha) “Rule” means rule prepared under this Act;
(Eionh) “Bangladesh Bank” means Bangladesh Bank established under the Bangladesh
Bank Order, 1972 (P.O. No. 127 of 1972;
(Ta) “Bank” means the Bank Company defined by Section 5(Na) of Bank Company Ain
(Act), 1991 (Act No. 14 of 1991);
(Tha) “Money Laundering” means
(Au) Properties acquired or earned directly or indirectly through illegal means;
(Aa) Illegal transfer, conversion, concealment of location or assistance in the above
act of the properties acquired or earned directly of indirectly through legal or illegal
means;
(Da) “Properties” means movable or immovable properties of any nature and description;
(Dha) “Supreme Court” means Bangladesh Supreme Court constituted under Paragraph 94
of the Constitution of the People’s Republic of Bangladesh;
(Na) “High Court” means the High Court Division of the Supreme Court

3. Supremacy of the Act.- Not withstanding whatever may contain in any other Act in
force, the provisions of this Act will remain in force.

76

Second Chapter
Responsibility and power of Bangladesh Bank in preventing Money Laundering

4 . Responsibility of Bangladesh Bank in preventing Money Laundering.- The responsibility
of Bangladesh Bank will be to prevent and resist crime of money laundering and for resisting
such criminal activities –
(Ka) To conduct enquiry about the crime of money laundering;
(Kha) Observe and supervise the activities of banks, financial institutions and other financial
institutions engaged in financial activities;
(Ga) To invite statement from the banks, financial institutions and other institutions
engaged in financial activities about any matter connected with money laundering;
(Gha) Examination of the statement received under (Ga) above and taking of proper action
accordingly;
(Umah) To give training to the staff/officer of the bank, financial institutions and other
institutions engaged in financial activities.
(Cha) To perform other work in fulfillment of the objective of this Act.
5 . Power of enquiry, etc. —(1) Bangladesh Bank or any person authorized by Bangladesh Bank
can enquire into the crime committed under this Act and other related issues and for such enquiry
if it is required to enter in to any place the same can be done after following the required system.

(2) In case of enquiry in to a matter the power which an Officer in Charge of a
Police Station can exercise under the Code of Civil Procedure Bangladesh Bank or any person
authorized by Bangladesh Bank will be able to exercise the same power while enquiring into
the crime committed under this Act.

Third Chapter
Money Laundering Court

6. Establishment of Money Laundering Court. (1) In order to fulfill the objective of this Act all
Courts of Sessions will be regarded as Money Laundering Court and all Session Judges will be the
justice of Money Laundering Court.
(2) Session Judge will settle all cases under this Act himself or he can send
the case to any Additional Session Judge under him for settlement.

7. Jurisdiction of the Court. (1) The Court will be able to impose the prescribed punishment
for the crime committed under this Act and in applicable cases pass other orders including order for
enquiry, confinement, seizure, fine and compensation.
(2) If the crime under other Act is associated with the crime under another Act in
such a manner that in order to dispense justice it is necessary to proceed for trial for the both crimes
together or cases are to be instituted together, then trial for the crime committed under this Act can be
done at the same time under other Act in the same Court.
But the condition is this that if money laundering is associated with the schedule
of crimes under such Act which is imprisonable for a period less than three years the same will not be
treated as a punishment under this Act.


77
8. Acceptance of the crime for trial etc. (1) Notwithstanding what is contained in any
other laws all crimes under this Act will be cognizable for trial under this Act.
(2) All crimes under this Act will be Non-bailable.
(3) Subject to other provisions of this Act, no accused or punishable person will be
released on bail, if--
(Ka) no opportunity is given to the complainant party on the application for
releasing him on bail.
(Kha) The Court is satisfied that there is reasonable ground to adjust him guilty on
the charges brought against him; or
(Ga) The Court is satisfied that the justice will not be hindered if he is released on bail.

9. Application of Code of Civil and Criminal Procedure, etc.-(1) If nothing otherwise exists
in this Act, provisions of the Code of Civil and Criminal Procedures will be applicable as the
case may be in case of filing of complain, enquiry, seizure, attachment of property, trial and
settlement for the crimes under this Act.
(2) Person conducting cases in the Court on behalf of the complainant will be
called as Public Prosecutor.
(3) The Court will be able to order the enquiry officer to do further enquiry on the crime
of the cases under trial and in such cases the Court will be able to fix up time limit for
submission of the above enquiry report.

10. Legal seizure of property.-- On the basis of written application from Bangladesh Bank or
any person authorized by Bangladesh Bank the Court will issue legal seizure of property to
this effect that the property of the accused in whatever condition it may remain will be banned
from sale or transfer.

11. Freezing of the property.-- (1) On the basis of written application of Bangladesh Bank
or person authorized by Bangladesh Bank the Court will issue Freezing Order for the
properties of the person who is accused under this Act.
(2) If the Freezing Order is issued as per Sub -section (1) above
(Ka) The Court will publish it in the form of Notification in the Bangladesh Gazette and
national daily for information of general public.
(Kha)The concerned property will in no way can be transferred or the concerned property can
not be made encumbered..
(3) In the Freezing Order under this Section, the name of the accused, designation, name
of father and mother, address, profession etc should be mentioned as far as possible.
(4) If the bank account of the accused is under Freezing Order, if nothing contrary is
mentioned in the above Order, all receivables of the accused will be credited in the frozen
bank account.

12. Appeal.----- Whatever different may exist in the Code of Civil and Criminal Procedures, the
aggrieved party aggrieved by order, judgment, decree or punishment imposed by the Court will be
able to appeal in the High Court within 30 days of the date of the above order, judgment, decree or
punishment order.

12. Appeal.----- Whatever different may exist in the Code of Criminal Procedures, the party
aggrieved by order, judgment or punishment imposed by the Court will be able to appeal in the
High Court within 30 days of the date of the such order, judgment or punishment.

78
Fourth Chapter
Crime and Punishment

13. Punishment for Money Laundering----(1) If any person is engaged in Money Laundering in
any way he will be regarded as a person who has committed a crime.
(2) The concerned accused for the crime mentioned in Sub-section (1) will be sentenced to
imprisonment for at least a period of six months and a maximum of seven years and will be
fined for an amount not exceeding double the amount involved in the crime.

14 Punishment for violation of seizure order. - (1) If any person violates the seizure order
under Section 10 he will be imprisoned for at least one year maximum or fined for at least
Taka ten thousand maximum or he may be punished with both.
15 Punishment for violation of the Freezing Order.- (1) If any person violates the Freezing
Order under Section 11 he will be imprisoned for at least one year maximum or fined for at
least Taka five thousand maximum or he may be punished with both.
16 Punishment for divulgation of information. – (1) No person will obstruct the enquiry or
divulge information relating to enquiry or relevant other information to other person with a
view to casting adverse influence on the enquiry.
(2) If any person violates the provision of Sub-section (1) he will be imprisoned for at least
one year maximum or fined for at least Taka ten thousand maximum or he may be punished
with both.
17. Punishment for obstruction in enquiry. - (1) No person will express his unwillingness
without any reasonable ground to assist the enquiry officer in his enquiry activities under this
Act.
(2) If any person violates the provision of Sub-section (1) he will be imprisoned for at least
one year maximum or fined for at least Taka ten thousand maximum or he may be punished
with both

Fifth Chapter
Miscellaneous

18. Agreement with the Foreign Country.—(1) The government may enter in to
agreement with any foreign country in order to fulfill the objective of this Act.
(2) If any agreement is entered into with a foreign country under Sub-section (1) above,
the government will declare the name of such country as the 'country under agreement'
in order to fulfill the objective of this Act by Notification in the Government Gazette.
19 Responsibility of the banks, financial institutions and other institutions engaged in financial
activities in preventing and identifying money laundering—(1) In checking and identifying
money laundering banks, financial institutions and other institutions engaged in financial
activities—
(Ka) As a client of it , it should preserve the correct and full information of all of its clients
and in the event of closing of transactions it should preserve records of transactions for at least
five years from the date of closure;
(Kha) Will provide the records so preserved as per Sub-section (Ka) above to
Bangladesh Bank from time to time on demand;
(Ga) Information regarding abnormal transactions and doubtful transactions which
are likely to be related to money laundering should be informed to Bangladesh Bank.

79
(2) Bangladesh Bank will determine the information to be preserved as per Sub-section
(1) and issue Circular or Gazette Notification from time to time.
(3) In the event of failure of providing and preserving the information as mentioned in
Sub-section (1) Bangladesh Bank will inform the licensing authority of the defaulting
bank, financial institution and other institutions engaged in financial activities so that
the concerned authority can take proper action for negligence and failure against the
concerned bank, financial institution and other institution engaged in financial
activities as per their own rule or provision.
(4) Whatever may contain in Sub-section (3), Bangladesh Bank will be able to impose
fine up to a maximum of Taka one lac and a minimum of Taka ten thousand to the
defaulting bank, financial institution and other institution engaged in financial
activities for failure to preserve and supply information as mentioned in Sun-section
(3) and also for negligence.
20. Crime committed by the Company etc.—(1) If the violator of any provision of this Act
is a company, it will be regarded that each proprietor, director, manager, secretary or any
other officer or employee or representative of the company has violated the provision :
But the condition is this that the concerned person will not be responsible for the violation if
he can prove that the above violation has been done beyond his knowledge or he has failed to
check the violation despite his best effort.
Explanation :- In this section—
(Ka) “Company” will mean any company, statutory body, partnership concern,
Association or institution formed with one or more than one person;
(Kha) “Director” will mean any partner or member of the Board of Director in
whatever name it is called.
(2) Registration of the company which is engaged in money laundering directly or
indirectly will be liable to be cancelled.

21. Power to frame rules.—Government by Notification in Government Gazette will be able to
frame rules in order to fulfill the objective of this Act.

Schedule

[ Reference - conditions of Section 7(2)]

(Ka) Penal Code, 1860 (XLV of 1860);
(Kha) Arms Act, 1878 (XL of 1878)
(Ga) Foreign Exchange Regulation Act, 1947 (VII of 1947);
(Gha) Anti-Corruption Act, 1957 (XXVI of 1957);
(Umah) Special Power Act, 1974 (XIV of 1974);
(Cha) Madak Drabwa Niatran Ain (Drugs Control Act), 1990 (Act No. 20 of 1990);
(Chaa) Jana Nirapatra (Bishesh Bidhan)Ain [Public Safety( Special power) Act], 2000 (Act No. -7 of
2000);
(Ja) Nari O Shishu Nirjatan Daman Ain (Women and Children Oppression Prevention Act), 2000
(Act No. -8 of 2000);
(Jha) Aain-sringkhola Bighnokari Aporadh (Druto Bichar) Aain, 2002. (Crimes obstructing law &
order (speedy trial) Act), (Act No. 11 of 2002).

80
Annexure K:

¯ ¯| ¯ ¯|
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c' ˆ-¯›< ?-ˆ| *ˆï||- u

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:»' -||˜ ¯š||<· Ÿ |ˆ¯<|• < ¯˜|<¯+<¯ƒ <ï|·+¯||•+ Ÿ |ˆ*|˜ »
^<· ¯||•+ +- +|¯š< ¯|¤ˆ ¯|¯ˆ ¯˜ï|˜ï ¯·"¤|< -|<--||<ˆ
~o' ¯+|~Ÿ|˜| *ˆï||- +ˆ + ¯Ÿ<|• ¯··¯˜ :o
~:' |<|• Ÿ ƒ<¯˜< ?-ˆ| :o
ˆ"|¯¯ ˆ"|¯¯ ::


81
(-||˜ ¯š||<· Ÿ |ˆ¯<|• ¯|*˜ ~oo~ ¯·¯^|•˜+¯" Ÿ ƒ|ˆ ¯|*˜ (~oo: ¯¯˜< : ˜· ¯|*˜) ^< •|<|¯- ¤ *¤|¯ˆ
¯|˜ ¯<|^ˆ ¤*<|¯¯' |<¯ * ¯·^ +|¯| ¯?¯< ^<· ˜ˆ ˜ ¯·¯^||¯ˆ ¯·^ < |+| ¯?¯< ¯-º|¯˜| ¤*<|¯¯)'


¯<|¯ö|¯ ˜· |¯ ^-:

<|·¯|¯ <|·¯|¯- -^ ^ (-¯˜|"|-) ¯"¯¯¯ ¯"¯¯¯

¯|ˆ|<<¯ ¯·ºï|
+ˆ Ÿ? +ˆ + Ÿ +||^ˆ




<|<<|< ^|Ÿ ¯ º ~oo~ <|<<|< ^|Ÿ ¯ º ~oo~

<|·¯|¯ <|·¯|¯- -^ ¯|ˆ|< ¯·¯ ^ ¯|ˆ|< ¯·¯- -
•|+| º* ^|Ÿ¯~oo~/~u¯^ ´¯Œ:uo-


¯·¯- +ˆ + " ¤|ˆ |˜=|¯|ºˆ ¯|*˜|¯ c* ^|Ÿ ¯ ~oo~ (~~¯^ ´¯Œ :uo-) ˆ||<¯º <|ö Ÿ|ˆ< ¯¬|ˆ
¯|× +|<<|¯¯ ^<· ^ˆ-|<| ^* ¯|*˜|¯ ¯<¯|•|<¯ƒ< ¯<"|ˆ< ¯˜ï Ÿ +|^ +<| ^|*¯ˆ¯¯ .-






~oo~ ¯¯˜< º˜· ¯|*˜ ~oo~ ¯¯˜< º˜· ¯|*˜

-||˜ ¯š||<· Ÿ |ˆ¯<|¯•< ¯¯’¯^ï |<•|˜ Ÿ ƒ<˜+¯" Ÿ ƒ|ˆ ¯|*˜
¯^¯¤ˆ -||˜¯š||<· Ÿ |ˆ¯<|¯•< ¯¯’¯^ï |<•|˜ Ÿ ƒ<˜ +<| ¯-|¯|˜ < Ÿ ¯<|¯˜|<:
¯¯¯¤ˆ ^ˆ-- |<| |˜=<Ÿ ¯|*˜ +<| ¤*¯.













:

82
Ÿ Ÿ • • - ¯ - ¯• • ï|< ï|<
Ÿ|<|~+ Ÿ|<|~+


:' ¯·|?* |^¯<|˜|- < Ÿ <ˆ˜ :' ¯·|?* |^¯<|˜|- < Ÿ <ˆ˜ '- (:) ^* ¯|*˜ -||˜¯š||<· Ÿ |ˆ¯<|• ¯|*˜ ~oo~ ˜|¯- ¯|×|¤ˆ ¤*¯< '

(~) ¯<+|< ¯<+|<| ¯"¯¯¯¯ Ÿ ¥|Ÿ˜ - |<| ¯^* ˆ||<º |˜•|<ƒ +|<¯< ¯¯* ˆ||<¯º ^* ¯|*˜ <¯<‡ ¤*¯< '

~' ¯·¥| ~' ¯·¥| ' - |<<< <| Ÿ ¯·¯"< Ÿ|<Ÿ~¤| ¯+|˜ |+¯ ˜| •||+¯¯ ^* ¯|*¯˜-

(+) “¯'<• Ÿ~¤|¨ ¯• ^* ¯|*¯˜< ¯•|˜ ¯+|˜ ¯Ÿ<|•:

(º) “¯Ÿ<|•¨ ¯• ^* ¯|*¯˜< ¯•|˜ ¯+|˜ ¯Ÿ<|•:

(") “¯|-|¯ˆ¨ ¯• -||˜¯š||<· ¯|-|¯ˆ :

(·) “¯||•+ Ÿ |ˆ*|˜¨ ¯• ¯||•+ Ÿ |ˆ*|˜ ¯|*˜ :»»: (:»»: ¯¯˜< ~º ˜· ¯|*˜) ^< •|<| ~
(º)-¯ˆ ¯·¥||<ˆ ¯||•+ Ÿ |ˆ*|˜:

(«) “¯-<<|˜| +|^|<|•¨ ¯• Code of Civil Procedure, 1908 (Act V of 1908);

(¯) “-|<<| ¯|-|¯ˆ¨ ¯• ¯"|¯-|<| +|^|<|•< section 6-^ ¯|¯ |ºˆ Courts of Session;

(¯) “|˜• ||<ˆ¨ ¯• |<|• -|<| |˜•||<ˆ:

(¯) “¯"|¯-|<| +|^ |<|•¨ ¯• Code of Criminal Procedure, 1898 (Act V of 1898);

(«) “|<|•¨ ¯• ^* ¯|*¯˜< ¯•|˜ Ÿ ƒ|ˆ |<|•:

(=) “<|·¯|¯-^ <ï|·+¨ ¯• The Bangladesh Bank Order, 1972 (P.O.No. 127 of 1972) ^< ¯•|˜
"¤||Ÿˆ Bangladesh Bank.

(¯) “<ï|·+¨ ¯• <ï|·+ ¯+|~Ÿ|˜| ¯|*˜ :»»: (:»»: ¯¯˜< :u ˜· ¯|*˜) ^< •|<| c(ƒ)-¯ˆ ¯·¥||<ˆ
<ï|·+ ¯+|~Ÿ|˜|:

(õ) “-||˜¯š||<·¨ ¯• -







~

83

(¯) ¯'<• Ÿ~¤|< Ÿ ˆï? <| Ÿ¯<|?×|¯< ¯|¤|<ˆ <| ¯|¯ˆ ¯~Ÿ-:

(¯|) ´<• <| ¯'<• Ÿ~¤|< Ÿ ˆï? <| Ÿ¯<|?×|¯< ¯|¤|<ˆ <| ¯|¯ˆ ¯~Ÿ¯-< ¯'<• Ÿ~¤|< ¤"|›<
<Ÿ|›< ¯<"¤|¯˜< ¯"|Ÿ˜+<ƒ <| ¯<¯ +|¯¯ ¯¤|<ˆ| +<|:

(¯) “¯~Ÿ-¨ ¯• ¯^ ¯+|˜ Ÿ + |ˆ< < <ƒ˜|< "¤|<< <| ¯"¤|<< ¯~Ÿ-:

(•) “¯ Ÿ | - ¯+|¯ ¨ ¯• "ƒŸ¯|ˆ~Œ| <|·¯|¯ -¯^< ¯·|<•|¯˜< »u ¯˜ ¯¯¯- - |<| "|õˆ <|·¯|¯-^ ¯ Ÿ |-
¯+|¯:

(ƒ) “¤|*¯+|¯ |<×|"¨ ¯• ¯Ÿ|- ¯+|¯¯< ¤|*¯+|¯ |<×|" '

:' ¯|*¯˜< Ÿ |•|˜ï ¯|*¯˜< Ÿ |•|˜ï '- ¯|Ÿ|ˆˆ. <¯<‡ ¯˜ï ¯+|˜ ¯|*¯˜ ^|¤| |+¯* •|+ + ˜| ¯+˜ ^* ¯|*¯˜< |<•|˜|<¯|
+|^+< •||+¯< '


























:

84

| | - - ˆ|< ¯•ï|< ˆ|< ¯•ï|<
-||˜ ¯š||<· Ÿ |ˆ¯ -||˜ ¯š||<· Ÿ |ˆ¯<|¯• <|·¯|¯ <|¯• <|·¯|¯- -^ <ï|·¯+< ^ <ï|·¯+< - -||<ˆ < ?-ˆ| ||<ˆ < ?-ˆ|

u' -||˜ ¯š||<· Ÿ|ˆ¯<|¯• <|·¯|¯ -||˜ ¯š||<· Ÿ|ˆ¯<|¯• <|·¯|¯- -^ <ï|·¯+< ^ <ï|·¯+< - -||<ˆ ||<ˆ ' - <|·¯|¯-^ <ï|·¯+< -||<ˆ ¤*¯< -||˜¯š||<· ¯Ÿ<|• --˜
< Ÿ |ˆ¯<|• ^<· ¯<¯<Ÿ ¯Ÿ<|•- ¯+ ˆ‡Ÿ<ˆ| ¯<|• +|<<|< ¯¯’¯^ï-

(+) -||˜¯š||<· ¯Ÿ<|• ¯~Ÿ¯+ ˆ-› Ÿ|<¯|¯˜|:

(º) <ï|·+ ¯||•+ Ÿ |ˆ*|˜ ^<· ¯||•+ + - +|¯š< ¯|¤ˆ ¯|¯ˆ ¯˜ï|˜ï ¯·"¤|< +|^ˆ‡Ÿ<ˆ| ˆ -|<+
^<· Ÿ^¯<?ƒ:

(") <ï|·+ ¯||•+ Ÿ |ˆ*|˜ ^<· ¯||• + +- +|¯š< ¯|¤ˆ ¯|¯ˆ ¯˜ï|˜ï ¯·"¤|< |˜+¯ ¤*¯ˆ -||˜¯š||<·
¯~Ÿ|+ˆ ¯+|˜ |<<¯< Ÿ |ˆ¯<-˜ ¯|×|˜ +<|:

(·) -"| (") ^< ¯•|˜ Ÿ * Ÿ |ˆ¯<-˜ Ÿ^|¯¯|¯˜| ^<· ˆ-˜ ^|<| <ï<"¤| " ¤ƒ:

(«) <ï|·+ ¯||•+ Ÿ |ˆ*|˜ ^<· ¯||• + +- +|¯š< ¯|¤ˆ ¯˜ï|˜ï ¯·"¤|< +-+ˆ | < +-¯|<|¯-< Ÿ |^?ƒ
Ÿ-|˜ :

(¯) ^* ¯|*¯˜< ¯¯’^ï Ÿ <ƒ+¯" ¯˜ï|˜ï +|^ ¯~Ÿ|-˜ '

c' ˆ c' ˆ- -¯›< ?-ˆ| *ˆï|| ¯›< ?-ˆ| *ˆï|| - - '- (:) <|·¯|¯-^ <ï|·+ ¯•<| <|·¯|¯ -^ <ï|·¯+< |˜+¯ ¤*¯ˆ ?-ˆ|Ÿ |* ¯+|˜
<ï|<¯ ^* ¯|*¯˜< ¯•|˜ ¯+|˜ ¯Ÿ<|• <| ¯·|^ ö ¯˜ï|˜ï |<<¯< ˆ-› +|<¯ˆ Ÿ||<¯< ^<· ˆ-¯›< ¯¯’¯^ï
¯+|˜ "¤|¯˜ Ÿ ¯<¯^< Ÿ ¯<|¯˜ ¤*¯¯ |ˆ|˜ |˜• ||<ˆ Ÿ•¯|ˆ ¯˜ ¯<ƒ +|<<| ¯<¯ "¤|¯˜ Ÿ ¯<^ +|<¯ˆ Ÿ||<¯<˜ '

(~) ¯+|˜ ¯Ÿ<|• ˆ-¯›< ¯?¯Œ •|˜|< ×|<Ÿ|* +-+ˆ| ¯"|¯-|<| +|^|<|•< ¯•|¯˜ ¯^ ?-ˆ| Ÿ ¯<|"
+|<¯ˆ Ÿ|¯<˜ ^* ¯|*¯˜< ¯•|˜ ¯+|˜ ¯Ÿ<|• ˆ-¯›< ¯?¯Œ <|·¯|¯-^ <ï|·+ ¯•<| <|·¯|¯-^ <ï|·¯+< |˜+¯
¤*¯ˆ ?-ˆ|Ÿ |* <ï|<¯ ^+*<Ÿ ?-ˆ| Ÿ ¯<|" +|<¯ˆ Ÿ||<¯<˜ '













u

85
ˆ ˆ|< ¯•ï|< ˆ ˆ|< ¯•ï|<
-||˜¯š||<· ¯|-|¯ˆ


:' :' -||˜¯š||<· ¯| -||˜¯š||<· ¯|- -|¯ˆ Ÿ |ˆ*| |¯ˆ Ÿ |ˆ*| '- (:) ^* ¯|*¯˜< ¯¯’^ï Ÿ <ƒ+¯" ¯+¯ -|<<| ¯|-|¯ˆ -||˜¯š||<· ¯|-|¯ˆ
<|¯<| "ƒï ¤*¯< ^<· ¯+¯ -|<<| ¯¯ -||˜¯š||<· ¯|-|¯¯ˆ< |<¯|<+ ¤*¯<˜ '

(~) ^* ¯|*¯˜< ¯•|˜ ¯+¯ -|-¯| -|<<| ¯¯ |˜¯¯ |˜¯Ÿ|‰ +|<¯<˜ ¯•<| ˆ|¤|< ¯•|˜"¤ ¯^ ¯+|˜ ¯|ˆ|<<¯
-|<<| ¯¯¯< |˜+¯ |˜¯Ÿ|‰< ¯˜ï ¯Ÿ <ƒ +|<¯ˆ Ÿ||<¯<˜ '

º' ¯| º' ¯|- -|¯¯ˆ< ^º|ˆ<|< |¯¯ˆ< ^º|ˆ<|< '- (:) ¯|-|¯ˆ ^* ¯|*¯˜< ¯•|˜ ¯Ÿ<|¯•< ¯˜ï |˜•||<ˆ -š ¯|¯<|Ÿ ^<· ¯Ÿ^ <¯
¯?¯Œ ˆ-›|¯-^ ¯<<¯•¯+<ƒ|¯-^ ¯^¯|+|¯-^ ¯• -š ^<· ?|ˆŸ <ƒ ¯|¯-^¯¤ ¯˜ï|˜ï ¯|¯-^ Ÿ -|˜ +|<¯ˆ
Ÿ||<¯< '

(~) ^|- ^* ¯|*¯˜< ¯•|˜ ¯+|˜ ¯Ÿ<|¯•< ¯|¤ˆ ¯˜ï ¯+|˜ ¯|*¯˜< ¯+|˜ ¯Ÿ<|• ^-˜×|¯< ¯|¯ˆ •|¯+
¯^ ˜ï|<|<¯|¯<< ¯|¯• ¯×< ¯Ÿ<|¯•< |<¯|< ^+* ¯·¯" <| ^+* -|-¯|< +<| Ÿ¯<|¯˜ ˆ|¤| ¤*¯¯ ^*
¯|*¯˜< ¯•|˜ ¯Ÿ<|¯•< |<¯|< ¯<¯ ¯˜ï ¯|*¯˜< ¯•|˜ ¯Ÿ<|¯•< ¯|¤ˆ ^+* ¯·¯" ¯<¯ ¯|-|¯¯ˆ +<|
^|*¯< .

ˆ¯< ^ˆ •|¯+ ¯^ ^* ¯|*¯˜< ˆ"|¯¯¯ <|ƒˆ ¯+|˜ ¯|*¯˜< ¯•|˜ ¯˜ — |ˆ˜ <‡¯< +|<|-š¯^|"ï ¯+|˜
¯Ÿ<|¯•< ¯|¤ˆ -||˜¯š||<· ¯|¯ˆ •||+¯¯ ¯¤| ^* ¯|*¯˜< ¯•|˜ ¯Ÿ<|• <|¯<| "ƒï ¤*¯< ˜| '

-' ¯Ÿ -' ¯Ÿ< <| | • • |<¯| |<¯| < <| | • "¤ • "¤ƒ *ˆï|| ƒ *ˆï||- - ' - (:) ¯˜ï ¯+|˜ ¯|*¯˜ ^|¤| |+¯* •|++ ˜| ¯+˜ ^* ¯|*¯˜< ¯•|˜ -š˜|<
¯+¯ ¯Ÿ<|• |<¯|<|• "¤˜|< (cognizable) ¤*¯< '

(~) <|·¯|¯-^ <ï|·+ ¯•<| <|·¯|¯-^ <ï|·¯+< |˜+¯ ¤*¯ˆ ?-ˆ|Ÿ |* ¯+|˜ <ï|<¯< |¯|ºˆ ¯|ׯ^|" <ïˆ|ˆ
¯+|˜ ¯|-|¯ˆ ^* ¯|*¯˜< ¯•|˜ ¯+|˜ ¯Ÿ<|• |<¯|¯<< ¯˜ï " ¤ƒ +|<¯< ˜| '

(:) ^* ¯|*¯˜< ¯•|˜ ¯+¯ ¯Ÿ<|• ¯-¯||-˜¯^|"ï (Non-bailable) ¤*¯< '











c

86




(u) ^* ¯|*¯˜< ¯˜ï|˜ï |<•|˜ ¯|¯Ÿ¯? ¯|×^ <¯ <| ^||"¯^|"ï ¯+|˜ <ï|<¯¯+ ¯||-¯˜ - |<¯ ¯-<<| ¤*¯<
˜| ^| --

(+) ˆ|¤|¯+ ¯||-¯˜ - |<¯ ¯-<<|< ¯|¯<-¯˜< ¯Ÿ< ¯|ׯ^|"+|<| Ÿ?¯+ <˜|˜|< ¯ ¯^|" ¯-<<| ˜| ¤<:
^<·

(º) ˆ|¤|< |<<¯¯•¯ ¯|˜|ˆ ¯|ׯ^|¯" |ˆ|˜ ¯-|<| ¯|<ï" ¤<<|< ^ |<¯¯*ˆ +|<ƒ <|¤<|¯¯ -¯- ¯|-|¯ˆ
¯›ö ¤˜: ¯•<|

(") ˆ|¤|¯+ ¯||-¯˜ - |<¯ ¯-<<|< +|<¯ƒ ˜ï|< |<¯|< |<|· ˆ ¤*¯< ˜| -¯- ¯|-|¯ˆ ¯›ö ˜| ¤˜ '

»' »' ¯ ¯- -<<|˜| +|^|<|• < <<|˜| +|^|<|• < ¯"|¯ ¯"|¯- -|<| +|^|<|•< Ÿ ¯<|" *ˆï|| |<| +|^|<|•< Ÿ ¯<|" *ˆï|| - - '- (:) ^* ¯|*¯˜ |ט ˆ< |+¯ ˜| •||+¯¯ ^*
¯|*¯˜< ¯•|˜ ¯+|˜ ¯Ÿ<|¯•< ¯|ׯ^|" -|¯<< ˆ-› ¯^¯|+ ¯~Ÿ- ¯<<¯•¯+<ƒ |<¯|< < |˜¯Ÿ|‰< ¯?¯Œ
¯?Œ-ˆ ¯-<<|˜| +|^|<|• < ¯"|¯-|<| +|^|<|•< |<•|˜|<¯| Ÿ ¯^|¯ï ¤*¯< '

(~) ¯|-|¯¯ˆ ¯|ׯ^|"+|<|< Ÿ¯? -|-¯| Ÿ|<¯|¯˜|+|<| <ï|<¯ Ÿ|<|¯+ Ÿ |¯|+¯¯< <|¯<| "ƒï ¤*¯<˜ '

(:) ¯|-|¯ˆ ¯¤|< |<¯|<|•|˜ ¯+|˜ -|-¯| ¯·^¯|› ¯Ÿ<|• ¯~Ÿ¯+ ¯|•+ˆ< ˆ-¯›< ¯˜ï ˆ-›+|<|
<ï|<¯¯+ |˜¯- ^ |-¯ˆ Ÿ||<¯< ^<· ¯<¯ |˜¯- ¯^ ˆ-¯›< Ÿ |ˆ¯<-˜ -||º¯¯< ¯˜ï ¯-<¯|-| |˜•|<ƒ +|<<|
|-¯ˆ Ÿ||<¯< '

:o' ¯~Ÿ|‰< ¯^¯|+|¯ :o' ¯~Ÿ|‰< ¯^¯|+|¯- -^ ^ ' - <|·¯|¯-^ <ï|·+ <| *¤|< |˜+¯ ¤*¯ˆ ?-ˆ|Ÿ |* <ï|<¯< |¯|ºˆ ¯|¯<-¯˜< |×|‰¯ˆ
¯|-|¯ˆ ^* -¯- ¯^¯|+|¯-^ Ÿ -|˜ +|<¯ˆ Ÿ||<¯< ¯^ ¯|×^ <¯ <ï|<¯< ¯~Ÿ- ¯^º|¯˜ ¯^ ¯<"¤|< •|++ ˜|
¯+˜ |<^¯< <| ¤"|›< |˜|<•¯ •||+¯< '

::' ¯~Ÿ ::' ¯~Ÿ- - ¯< ¯<<¯ <¯•¯+ •¯+ <ƒ <ƒ '- (:) ^* ¯|*¯˜< ¯•|˜ ¯|×^ <¯ <ï|<¯< ¯~Ÿ¯-< |<<¯< <|·¯|¯-^ <ï|·+ ¯•<|
<|·¯|¯-^ <ï|·¯+< |˜+¯ ¤*¯ˆ ?-ˆ|Ÿ |* <ï|<¯< |¯|ºˆ ¯|¯<-¯˜< |×|‰¯ˆ ¯|-|¯ˆ ¯<¯ ¯~Ÿ-
¯<<¯•¯+<¯ƒ< ¯˜ï ¯|¯-^ (Freezing order) Ÿ -|˜ +|<¯ˆ Ÿ||<¯< '

(~) ¯Ÿ-•|<| (:) ^< ¯•|˜ ¯+|˜ ¯<<¯•¯+<ƒ ¯|¯-^ Ÿ -|˜ +<| ¤*¯¯-

(+) ¯|-|¯ˆ |<<<|¯ ¯<¯|•|<¯ƒ< ¯<"|ˆ< ¯˜ï <|·¯|¯-^ ¯"¯¯¯ ^<· ¯|ˆ|< ´-|˜+ Ÿ|Œ+|<
|<¥|* ¯|+|¯< Ÿ ¯|< +|<¯<:








:

87


(º) ¯·|^ ö ¯~Ÿ- ¤"|›< <| ¯<¯ ¯~Ÿ-¯+ ¯+|˜×|¯< -|<^ <¯ +<| ^|*¯< ˜| '

(:) ^* •|<|< ¯•|˜ ¯<<¯•¯+<ƒ ¯|¯-¯^ ¯|×^<¯ <ï|<¯< ˜|- Ÿ-<| |Ÿˆ|--|ˆ|< ˜|- |õ+|˜| ¯Ÿ^|
*ˆï||- ^ˆ-< ¯~< ¯¯¯ º •||+¯< '

(u) ¯+|˜ <ï|<¯< <ï|·+ ^+|¯™¯ ¯<<¯•¯+<¯ƒ< ¯|¯-^ +|^+< •|+| ¯<"¤|< ¯<¯ ¯|¯-¯^ |ט <Ÿ ¯¯¯ º
˜| •||+¯¯ ¯<¯ <ï|<¯ Ÿ |* ¤*<|¯¯ ^*<Ÿ ¯- -< ¯• ˆ|¤|< ¯<<¯•¯ <ï|·+ ^+|¯¯™¯ ¯-| ¤*¯< '

:~' ¯|Ÿ|¯ :~' ¯|Ÿ|¯ '- ¯-<<|˜| +|^|<|• <| ¯"|¯-|<| +|^ |<|•¯ˆ |ט ˆ< ^|¤| |+¯* •|++ ˜| ¯+˜ ¯| -|¯ˆ +ˆ +
Ÿ-‰ ¯|¯-^ <|< |¯|Œ¯ <| ¯|¯<||Ÿˆ -š -|<| ¯·? •¯ Ÿ? ¯<¯ ¯|¯-^ <|< |¯|Œ¯ <| -š|¯-^ Ÿ -|¯˜<
ˆ||<º ¤*¯ˆ |Œ^ |-¯˜< -¯•ï ¤|*¯+|¯ |<×|¯" ¯|Ÿ|¯ +|<¯ˆ Ÿ||<¯<˜ '

:~' ¯|Ÿ|¯ ¯|Ÿ|¯ '- ¯"|¯-|<| +|^|<|•¯ˆ |ט ˆ< ^|¤| |+¯* •|++ ˜| ¯+˜ ¯| -|¯ˆ +ˆ + Ÿ -‰ ¯|¯-^ <|< <|
¯|¯<||Ÿˆ -š -|<| ¯·? •¯ Ÿ? ¯<¯ ¯|¯-^ <|< <| -š|¯-^ Ÿ -|¯˜< ˆ||<º ¤*¯ˆ |Œ^ |-¯˜< -¯•ï
¤|*¯+|¯ |<×|¯" ¯|Ÿ|¯ +|<¯ˆ Ÿ||<¯<˜ '























º

88


¯ˆ ¯ˆ • ¯• • ¯• ï|< ï|<
¯Ÿ<|• < ¯Ÿ<|• < - -š š


::' -||˜¯š||<· ^< ^||" -||˜¯š||<· ^< ^||" '- (:) ¯+|˜ <ï|<¯ -||˜¯š||<· ^< ¯|¯• ¯+|˜×|¯< ¯|¯ˆ •||+¯¯ |ˆ|˜ ¯Ÿ<|•
+|<<|¯¯˜ <|¯<| "ƒï ¤*¯<˜ '

(~) ¯Ÿ-•|<| (:) ^< ¯•|˜ ¯Ÿ<|¯•< ¯˜ï ¯·|^ ö ¯Ÿ<|•| ¯˜ ï˜ ¯< -|¯ ^<· ¯˜|•+ ¯|ˆ <‡¯<
+|<|-¯š -š˜|< ¤*¯<˜ ^<· ¯Ÿ<|¯•< ¯|¤ˆ ¯|¯ˆ ¯¯•< ¯˜|•+ | - ¯˜ ¯•-¯š -š˜|< ¤*¯<˜

:u' ¯^¯|+|¯ :u' ¯^¯|+|¯- -^ ¯··¯˜< ^||" ^ ¯··¯˜< ^||" '- (:) ¯+|˜ <ï|<¯ •|<| :o ^< ¯•|˜ ¯^¯|+|¯-^ ¯··˜ +|<¯¯ |ˆ|˜ ¯˜ ï˜
¯˜ — ^+ <‡¯< +|<|-š <| ¯˜ ï˜ ¯˜ — -^ ¤|¯|< ¯|+| ¯• -š ¯•<| ¯×< -¯š -š˜|< ¤*¯<˜ '

:c' ¯< :c' ¯<<¯ <¯•¯+ •¯+ <ƒ ¯ <ƒ ¯|¯ |¯- -^ ¯··¯˜< ^||" ^ ¯··¯˜< ^||" '- (:) ¯+|˜ <ï|<¯ •|<| :: ^< ¯•|˜ ¯<<¯•¯+<ƒ ¯|¯-^ ¯··˜ +|<¯¯
|ˆ|˜ ¯˜ ï˜ ¯˜ — ^+ <‡¯< +|<|-š <| ¯˜ ï˜ ¯˜— Ÿ |¯ ¤|¯|< ¯|+| ¯• -š <| ¯×< -¯š -š˜|<
¤*¯<˜

::' ˆ ::' ˆ• • ï "|¯+ ï "|¯+< <¯ƒ ¯ƒ< ^ < ^||" ||" '- (:) ¯+|˜ <ï|<¯ ^* ¯|*¯˜< ¯•|˜ ¯+|˜ ˆ-› +|^^¯- <ï|¤ˆ+<ƒ <| ¯¤|¯ˆ
¯+|˜ |<<Ÿ Ÿ ×|< |<"|¯<< ¯¯’¯^ï ˆ-› ¯~Ÿ|+ˆ ¯+|˜ ˆ•ï <| Ÿ|¯·|"+ ¯˜ï ¯+|˜ ˆ•ï ¯˜ï ¯+|˜
<ï|<¯< |˜+¯ "|¯ +|<¯<˜ ˜| '

(~) ¯+|˜ <ï|<¯ ¯Ÿ-•|<| (:) ^< |<•|˜ ¯··˜ +|<¯¯ |ˆ|˜ ¯˜ ï˜ ¯˜ — ^+ <‡¯< +|<|-š <| ¯˜ ï˜
¯˜ — -^ ¤|¯| < ¯|+| ¯•-š <| ¯×< -¯š -š˜|< ¤*¯<˜ '

:º' ˆ :º' ˆ- -¯› <|•| ¯ ¯› <|•| ¯ - -<<|< ^||" <<|< ^||" '- (:) ^* ¯|*¯˜< ¯•|˜ ¯+|˜ ˆ-› +|^^¯¯- ¯·|^ö +-+ˆ|¯+ ¯¤¯^||"ˆ|
Ÿ-|¯˜ ¯+|˜ ^ |<¯¯·"ˆ +|<ƒ <ï|ˆ¯<¯+ ¯+|˜ <ï|<¯ ¯¯ |+ |ˆ ¥|Ÿ˜ +|<¯<˜ ˜| '

(~) ¯+|˜ <ï|<¯ ¯Ÿ-•|<| (:) ^< |<•|˜ ¯··˜ +|<¯¯ |ˆ|˜ ¯˜ ï˜ ¯˜ — ^+ <‡¯< +|<|-š <| ¯˜ ï˜
¯˜ — -^ ¤|¯| < ¯|+| ¯•-š <| ¯×< -¯š -š˜|< ¤*¯<˜ '





-










89


Ÿ+- ¯•ï|< Ÿ+- ¯•ï|<
|<|<•



:-' :-' |<¯ |<¯- -^| <|¯ö < ¯|¤ˆ ¯ |<¯ ^| <|¯ö < ¯|¤ˆ ¯ |<¯ '- (:) ¯|*¯˜< ¯¯’^ï Ÿ <ƒ+¯" ¯<+|< ¯+|˜ |<¯-^| <|¯ö < ¯|¤ˆ ¯ |<¯
¯~Ÿ|-˜ +|<¯ˆ Ÿ||<¯< '

(~) ¯Ÿ-•|<| (:) ^< ¯•|˜ ¯+|˜ |<¯-^| <|¯ö < ¯|¤ˆ ¯ |<¯ ¯~Ÿ|-˜ +<| ¤*¯¯ ¯<+|< ¯<+|<| ¯"¯¯¯¯
Ÿ ¥|Ÿ˜ - |<| ¯‰¯ |<¯-^| <|ö ¯+ ^* ¯|*¯˜< ¯¯’^ï Ÿ <ƒ+¯" ¯|<¯<•¯ <|ö |¤¯|¯< ¯·|<ƒ| +| <¯< '

:»' -||˜ :»' -||˜¯š ¯š|| || <· Ÿ <· Ÿ |ˆ¯ |ˆ¯ < <| | • < ¯˜ • < ¯˜ |<¯+ |<¯+< <¯ƒ <ï|·+ ¯|| ¯ƒ <ï|·+ ¯|| •+ Ÿ •+ Ÿ |ˆ*|˜ ^<· ¯|| |ˆ*|˜ ^<· ¯|| •+ + •+ +- + - +|¯š |¯š < ¯ < ¯|¤ˆ ¯|¯ˆ ¯˜ï|˜ï |¤ˆ ¯|¯ˆ ¯˜ï|˜ï
¯·"¤|< ¯·"¤|< - -|< |<- -- -||<ˆ ||<ˆ '- (:) -||˜¯š||<· Ÿ |ˆ¯<|• < ¯˜|<¯+<¯ƒ <ï|·+ ¯||•+ Ÿ |ˆ*|˜ ^<· ¯||•+
+-+|¯š< ¯|¤ˆ ¯|¯ˆ ¯˜ï|˜ï ¯·"¤|-

(+) ¯¤|< " |¤¯+< |¤¯|< Ÿ|<¯|¯˜|+|¯¯ ¯+¯ " |¤¯+< Ÿ|<|¯|ˆ< ¯|õ+ < Ÿ ƒ|* ˆ•ï ¯·<?ƒ +|<¯< ^<·
¯+|˜ " |¤¯+< |¤¯|¯<< ¯¯˜¯-˜ <›¯ ¤<<|< ¯?¯Œ ¯<¯<Ÿ <›¯ ¤<<|< |-˜ ¤*¯ˆ ¯˜ ï˜ Ÿ|¯ <‡¯<+|¯
|<"ˆ ¯-¯<< ¯¯˜¯-¯˜< |¤¯|< ¯·<?ƒ +|<¯< :

(º) -"| (+) ^< ¯•|˜ ¯·<|?ˆ ˆ•ï|| - ¯-< ¯-< <|·¯|¯-^ <ï|·¯+ *¤|< ¯||¤-| ¯-|ˆ|¯<+ ¯<<<|¤
+|<¯<:

(") ¯¯ |×||<+ ¯¯˜¯-˜ ^<· -||˜¯š||<· ^< ¯|¤ˆ ¯·|^ ö •||+¯ˆ Ÿ|¯< ^*<Ÿ ¯¯™-¤¯˜+ ¯¯˜¯-˜
¯~Ÿ|+ˆ ˆ•ï <|·¯|¯-^ <ï|·¯+ ¯-< ¯-< ¯<|¤ˆ +|<¯< '

(~) ¯Ÿ-•|<| (:) ^< ¯•|˜ ¯·<?ƒ¯^|"ï ˆ•ï|| - |˜•|<ƒ +|<<| <|·¯|¯-^ <ï|·+ ¯-< ¯-< Ÿ|<ŸŒ <| ¯"¯¯¯
|<¥|* Ÿ +|^ +|<¯< '

(:) <|·¯|¯-^ <ï|·+ ¯Ÿ-•|<| (:)-^ ¯|¯ |ºˆ ˆ•ï|| - ¯·<?ƒ < ¯<<<|¯¤ <ï• ˆ| <| ¯<¯¤¯|< ¯˜ï -|<|
¯·|^ ö <ï|·+ ¯||•+ Ÿ |ˆ*|˜ ^<· ¯||•+ +- +|¯š< ¯|¤ˆ ¯|¯ˆ ¯˜ï|˜ï ¯·"¤|< <ï<¯||<+ +|^^¯¯-< ¯˜ -|ˆ
<| ¯|*¯¯* Ÿ -|˜+|<| +ˆ Ÿ?¯+ ¯<|¤ˆ +|<¯< ^|¤|¯ˆ ¯·|^ ö +ˆ Ÿ? ¯ -¯ ¯|*˜ <| |<|• |<•|˜ ¯-|ˆ|¯<+
¯·|^ ö <ï|·+ ¯||•+ Ÿ |ˆ*|˜ ^<· ¯||• + +- +|¯š< ¯|¤ˆ ¯|¯ˆ ¯˜ï|˜ï ¯·"¤|< ¯<¯¤¯| <| <ï• ˆ|< ¯˜ï
^•|^• <ï<"¤| " ¤ƒ +|<¯ˆ Ÿ|¯< '





»

90
(u) <|·¯|¯-^ <ï|·+ ¯Ÿ-•|<| (:)-^ ^|¤|* •|+ + ˜| ¯+˜ ¯Ÿ-•|<| (:)-^ ¯|¯ |ºˆ ˆ•ï|| - ¯·<?ƒ <
¯<<<|¯¤ <ï• ˆ| <| ¯<¯¤¯|< ¯˜ï -|<| ¯·|^ ö <ï|·+ ¯||•+ Ÿ |ˆ*|˜ ^<· ¯||• + +- +|¯š< ¯|¤ˆ ¯|¯ˆ
¯˜ï|˜ï ¯·"¤|¯+ ¯˜ — ^+ ¯? ¯|+| |+› -^ ¤|¯|< ¯|+|< +- ˜< ¯|<-|˜| +|<¯ˆ Ÿ||<¯< '

~o' ¯+|~Ÿ|˜| *ˆï|| ~o' ¯+|~Ÿ|˜| *ˆï|| - - +ˆ+ ¯Ÿ<|• ¯··¯˜ +ˆ+ ¯Ÿ<|• ¯··¯˜ '-(:) ^* ¯|*¯˜< ¯•|˜ ¯+|˜ |<•|˜ ¯··˜+|<| <ï|<¯ ^| -
¯+|~Ÿ|˜| ¤< ˆ|¤| ¤*¯¯ ¯<¯ ¯+|~Ÿ|˜|< Ÿ ¯ˆï+ -||¯+ Ÿ|<¯|¯+ -ï|¯˜¯|< ¯|¯< <| ¯˜ï ¯+|˜
+-+ˆ| <| +-¯|<| <| Ÿ |ˆ|˜|• |<•|˜|¯ ¯··˜ +|<<|¯¯˜ <|¯<| "ƒï ¤*¯<˜ .

ˆ¯< ^ˆ •|¯+ ¯ ^ ¯·|^ ö <ï|<¯ ^|- ^*<Ÿ Ÿ -|ƒ +|<¯ˆ ¯?- ¤˜ ¯^ ¯<¯ ¯··˜ ˆ|¤|<
¯¥|ˆ¯|¯< ¤*<|¯¯ ¯•<| ¯¤|< ¯··˜ ¯<|• +|<<|< ¯˜ï |ˆ|˜ ^•|¯|•ï ¯¯ö| +|<<| <ï• ¤*<|¯¯˜ ˆ|¤|
¤*¯¯ ¯<¯ ¯··¯˜< ¯˜ï ¯·|^ ö <ï|<¯ -|<| ¤*¯<˜ ˜| '

<ï|ºï| <ï|ºï| '- ^ •|<|<-

(+) “¯+|~Ÿ|˜|¨ <|¯¯ˆ ¯+|˜ ¯+|~Ÿ|˜| ¯·|<|•<•¯ ¯·"¤| ¯·^| -|<| +|<<|< ¯|-|ˆ <| ^+ <| ^+||•+
<ï|<¯< ¯-˜ ¯< "|õˆ ¯·"õ˜¯+ < «|*¯< :

(º) “Ÿ|<¯|¯+¨ <|¯¯ˆ ¯+|˜ ¯·^|-|< <| Ÿ|<¯|¯˜| ¯<|¯¯ ¯^ ˜|¯-* ¯|×|¤ˆ ¤¯+ ^< ¯-¯ï¯+<
< «|*¯< '

(~) ¯+|˜ ¯+|~Ÿ|˜| Ÿ ˆï? <| Ÿ¯<|?×|¯< -||˜¯š||<· ^< ¯|¯• ¯|¯ˆ •||+¯¯ ¯<¯ ¯+|~Ÿ|˜|< |˜<›¯˜
<||ˆ¯¯^|"ï ¤*¯< '

~: ~:' |<|• Ÿƒ<¯˜< ?-ˆ| ' |<|• Ÿƒ<¯˜< ?-ˆ| '- ¯<+|< ¯<+|<| ¯"¯¯¯¯ Ÿ ¥|Ÿ˜ - |<| ^* ¯|*¯˜< ¯¯’^ï Ÿ <ƒ+¯" |<|• Ÿ ƒ<˜
+|<¯ˆ Ÿ||<¯< '






:o

91

ˆ ˆ"|¯¯ "|¯¯
[•|<| º(~) ^< ^ˆ|·^ •|<| º(~) ^< ^ˆ|·^ - - ö<|] ö<|]

(+) Penal code, 1860 (XLV of 1860);
(º) Arms Act, 1878 (XL of 1878);
(") Foreign Exchange Regulation Act, 1947 (VII of 1947);
(·) Anti-Corruption Act. 1957 (XXVI of 1957);
(«) Special Powers Act. 1974 (XIV of 1974);
(¯) -|-+ - <ï |˜<~Œƒ ¯|*˜ :»»o (:»»o ¯¯˜< ~o ˜· ¯|*˜)
(¯) ¯˜ |˜<|Ÿ‰| (|<¯^< |<•|˜) ¯|*˜ ~ooo (~ooo ¯¯˜< º ˜· ¯|*˜):
(¯) ˜|<| < |^< |˜^|ˆ˜ --˜ ¯|*˜ ~ooo (~ooo ¯¯˜< -˜· ¯|*˜) ':
(«) ¯|*˜-^ ·º¯| |<· +|<| ¯Ÿ<|• (- ¯ˆ |<¯|<) ¯|*˜ ~oo~ (~oo~ ¯¯˜< :: ˜· ¯|*˜)'“



+ +|¯| <|+<¯’|˜ ¯|¤- |¯| <|+<¯’|˜ ¯|¤-- -
¯|¯<
















::


Focus Group on Prevention of Money Laundering
Coordinator Md. Atiqur Rahman Deputy General Manager Anti-Money Laundering Department Bangladesh Bank Members Chowdhury M.A.Q. Sarwar Head of Compliance and Human Resources Citibank N.A., Bangladesh Iqbal U. Ahmed, Managing Director (CC) Trust Bank Limited Md. Anwar Hossain Executive Vice President Prime Bank Limited Debasish Choudhury Senior Principal Officer Rupali Bank Limited Md.Abdullah Al-Mamun Manager Compliance & Control HSBC, Bangladesh

Table of Contents
CHAPTER I : BACKGROUND Introduction.......................................................................................................................... What is Money Laundering.................................................................................................. Why Money Laundering is done.......................................................................................... Why we must combat Money Laundering........................................................................... Stages of Money Laundering............................................................................................... Vulnerability of the Financial System to Money Laundering............................................. How Financial Institutions Can Combat Money Laundering.............................................. International Anti-Mone y Laundering Initiatives................................................................ CHAPTER II: WHAT THE LAW REQUIRES Requirements under the Money Laundering Prevention Act 2002……………………….. The Offence of Money Laundering……………………………………………………….. Penalties for Money Laundering………………………………………………………….. Responsibilities of Bangladesh Bank……………………………………………………... CHAPTER III: ANTI MONEY LAUNDERING POLICY Senior Management Commitment………………………………………………………... Written Anti-Money Laundering Compliance Policy……………………………………. CHAPTER IV: ORGANIZATIONAL STRUCTURE Designation of Anti-Money Laundering Compliance Officers…………………………... Organization Structure……………………………………………………………………. CHAPTER V : IDENTIFICATION PROCEDURES Introduc tion……………………………………………………………………………….. Know Your Customer (KYC) Policies And Procedures…………………………………. Customer Acceptance Policy……………………………………………………………... Customer Identification…………………………………………………………………… What Constitutes a Person’s Identity……………………………………………………... Individual Customers……………………………………………………………………... Persons without Standard Identification Documentation………………………………… Corporate Bodies and other Entities……………………………………………………… Partnerships and Unincorporated Businesses…………………………………………….. Powers of Attorney/ Mandates to Operate Accounts…………………………………….. Requirements in respect of Accounts Commenced Prior to 30 April 2002……………… Internet or Online Banking……………………………………………………………….. Provision of Safe Custody and Safety Deposit Boxes……………………………………. Timing and Duration of Verification……………………………………………………... CHAPTER VI: ANTI MONEY LAUNDERING PROCESSES Know Your Customer Procedures………………………………………………………... Risk categorization – Based on Activity/KYC Profile…………………………………… Transaction Monitoring Process………………………………………………………….. Suspicious Activity Reporting Process…………………………………………………… Self- Assessment Process………………………………………………………………….. System of Independent Procedures Testing………………………………………………. CHAPTER VII: RECORD KEEPING Statutory Requirements…………………………………………………………………… Documents Verifying Evidence of Identity and Transaction Records……………………. Formats and Retrieval of Records………………………………………………………… Wire Transfer Transactions……………………………………………………………….. Investigations……………………………………………………………………………… 1 2 3 4 5 6 8 8 15 15 16 17 18 18 20 23 26 27 28 28 29 30 32 32 34 34 34 35 36 36 37 38 38 39 40 40 41 41 42 42 43

2002 (English version with amendment) )…… Annexure K: Money Laundering Prevention Act. Reporting of Suspicious Transactions…………………………………………………….. Annexure H: Internal Suspicious Activity Report Form…………………………………. Annexure D: KYC Profile Form…………………………………………………………. Senior Management/Operations Supervisors and Managers……………………………… Anti Money Laundering Compliance Officer……………………………………………. Annexure C: Model Transaction Profile…………………………………………………. Internal Reporting Procedures and Records………………………………………………. Annexure B: Model Account Application Form for Corporate Accounts………………. Annexure F: Explanation to Walk... Refresher Training………………………………………………………………………… ANNEXURES Annexure A: Model Account Application Form for Individual Accounts……………….. CHAPTER VIII: RECOGNITION AND REPORTING OF SUSPICIOUS TRANSACTIONS Recognition of Suspicious Transactions………………………………………………….. Annexure E: Identification of Directors & Authorized Signatories………………………. Education and Training Programs ………………………………………………………… New Employees…………………………………………………………………………… Customer Service/Relationship Managers/Tellers/Foreign Exchange Dealers…………… Processing (Back Office) Staff……………………………………………………………... CHAPTER IX: TRAINING AND AWARENESS Statutory Requirements…………………………………………………………………… The Need for Staff Awareness……………………………………………………………. Annexure I: Internal Control Checklist…………………………………………………… Annexure J: Money Laundering Prevention Act..Training Records…………………………………………………………………………... Reporting Procedures……………………………………………………………………. Annexure G: Examples of Potentially Suspicious Transactions…………………………. 2003 (Bangla with amendment)……… 43 44 44 46 47 48 48 48 49 49 49 50 50 50 51 54 56 58 64 65 66 72 74 76 81 ...in / One-off Customers……………………………….

which was established under the aegis of the Bangladesh Bank to oversee the issue of guidelines to facilitate the implementation of the Prevention of Money Laundering Act 2002.1.1.6 In some respects. it is expected that all institutions conducting relevant financial business pay due regard to these Guidance Notes in developing responsible anti. the Rules and Directives of the Bangladesh Bank.1. nevertheless impose controls and procedures which are at least equal to. 1.1 Introduction BACKGROUND 1.1.4 It is recognized that Banks and other Financial Institutions may have systems and procedures in place which. This will be taken into account by the Bangladesh Bank in the assessment of a Banks and other Financial Institutions systems and controls and compliance with the Regulations. 1.1 These Guidance Notes have been prepared by the Focus Group on Prevention of Money Laundering. policies and procedures to counter money laundering of institutions subject to its supervision.1. 1. This is both to assist the detection of suspect transactions and to create an effective "audit trail" in the event of an investigation subsequently proving necessary.5 An overriding aim of the Money Laundering Regulations and these Guidance Notes is to ensure that appropriate identification information is obtained in relation to the customers of Banks and other Financial Institutions and the payments made between them. The Central Bank intends to use these Guidance Notes as criteria against which it will assess the adequacy of the internal controls. The Focus Group on Prevention of Money Laundering included representatives from Bangladesh Bank. whilst not identic al to those outlined in these Guidance Notes.CHAPTER I: 1. 1. Money laundering prevention should not be viewed in isolation from an institution’s other business systems and needs. those contained in these Guidance Notes. 1 . These guidelines are recommendations as to good practice but do not constitute a legal interpretation of the Act.7 It is important that the management of Banks and other Financial Institutions view moneylaundering prevention as part of their risk management strategies and not simply as a stand alone requirement that is being imposed by the legislation. private commercial banks and foreign banks operating in Bangladesh.money laundering procedures suitable to their situation. Bangladesh Bank as part of its supervisory process.1. will assess the adequacy of procedures adopted to counter money laundering and the degree of compliance with such procedures. these Guidance Notes go beyond the requirements of the Money Laundering Regulations. nationalized commercial banks.3 These Guidance Notes are designed to assist Banks and other Financial Institutions in complying with the Bangladesh’s money laundering regulations. if not higher than.1. 1. Nonetheless. If a Bank or other Financial Institution appears not to be doing so then Bangladesh Bank may seek an explanation and may conclude that the Bank or other Financial Institution is carrying on business in a manner that may give rise to sanctions under the applicable legislation. 1.2 In recognition of the fact that financial institutions may be particularly vulnerable to being used by money launderers.

1.1. fixed deposits or other investment product. 1.1.8 The Joint Money Laundering Sterling Group (JMLSG) of the U.6 The EU defines it as "the conversion or transfer of property. 1.2. illicit activity appear legitimate. concealing or disposing of proceeds derived from illegal activities.2." 1. movement. defines it as "the process whereby criminals attempt to hide and disguise the true origin and ownership of the proceeds 2 . disposition. 1.K.4 “The U. an arm of the Department of the Treasury. For example ‘account’ could refer to bank accounts. The goal of the money-laundering process is to make funds derived from. Customs Service. provides a lengthy definition of money laundering as "the process whereby proceeds.S. converted or intermingled with legitimate funds for the purpose of concealing or disguising the true nature.2. reasonably believed to have been derived from criminal activity. concealment of location or assistance in the above act of the properties acquired or earned directly of indirectly through legal or illegal means.2 What is Money Laundering? 1. conversion.3 Properties has been defined in section 2(Da) of the Act as “Properties means movable or immovable properties of any nature and description. knowing that such property is derived from serious crime. source." 1. transferred. location. 7 of 2002) which is reads as follows: “Money Laundering means (Au) Properties acquired or earned directly or indirectly through illegal means. source. This is a matter of convenience and has been done for illustrative purposes.S Law is. transformed. and the concealment or disguise of the true nature.8 Throughout these Guidance Notes there is reference to an ‘account’ or ‘accounts’ and procedures to be adopted in relation to them. “… the involvement in any one transaction or series of transactions that assists a criminal in keeping. (Aa) Illegal transfer.2. for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in committing such an offence or offences to evade the legal consequences of his action. or associated with. It is recognized that these references may not always be appropriate to all types of relevant financial business covered by the Regulations. disposition.2.5 Another definition of Money Laundering under U. knowing that such property is derived from serious crime.9 Where there are provisions in these guidelines relating to an account or accounts these will have relevance to mainstream banking activity but should.7 A concise working definition was adopted by Interpol General Secretariat Assembly in 1995. 1. “ 1. trusts or a business relationship etc. rights with respect to.1 A definition of what constitutes the offence of money laundering under Bangladesh law is set out in Section 2 (Tha) of the Prevention of Money Laundering Act 2002 (Act No. or ownership of property.” 1. which defines money laundering as: "Any act or attempted act to conceal or disguise the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources". be adapted appropriately to the situations covered by other relevant business. movement or ownership of those proceeds.2. by analogy.2. are transported.

for treatment of drug addicts) to combat the serious consequences that result. Criminals must obscure or hide the source of their wealth or alternatively disguise ownership or control to ensure that illicit proceeds are not used to prosecute them. the proceeds from crime often become the target of investigation and seizure. smugglers. 1.2 Second. the act of conversion and concealment is considered crucial to the laundering process. conviction and confiscation of their criminal funds".of their criminal activities. corrupt public officials. make them look legitimate. security. and social consequences. alternatively. So we all experience higher costs of living than we would if financial crime—including money laundering—were prevented.3.3.2 Money laundering diminishes government tax revenue and therefore indirectly harms honest taxpayers. This loss of revenue generally means higher tax rates than would normally be the case if the untaxed proceeds of crime were legitimate.4 Why we must combat Money Laundering 1. To spend money in these ways. replenishes inventories. 1.4. illegal arms dealers. Crime has become increasingly international in scope.2. and others to operate and expand their criminal enterprises. thereby avoiding prosecutions. 1. money laundering allows criminals to legitimize "dirty" money by mingling it with "clean" money. We also pay more taxes for public works expenditures inflated by corruption.3 Third. 3 .1 Money laundering has potentially devastating economic. and the financial aspects of crime have become more complex due to rapid advances in technology and the globalization of the financial services industry. criminals must make the money they derived illegally appear legitimate. ultimately providing a legitimate cover for the source of their income. purchases the services of corrupt officials to escape detection and further the interests of the illegal enterprise.gotten gains from suspicion and protect them from seizure. 1. This drives up the cost of government due to the need for increased law enforcement and health care expenditures (for example. It provides the fuel for drug dealers.1 First.4. Money laundering is a process vital to making crime worthwhile. a trail of money from an offense to criminals can become incriminating evidence.3. money represents the lifeblood of the organization that engages in criminal conduct for financial gain because it covers operating expenses. It also makes government tax collection more difficult.3 Why Money Laundering is done? Criminals engage in money laundering for three main reasons: 1. terrorists. 1. and pays for an extravagant lifestyle.9 In lay terms Money Laundering is most often described a the “turning of dirty or black s money into clean or white money”. Generally. And those of us who pay taxes pay more because of those who evade taxes. criminals must conceal their existence or. 1. To shield ill. If undertaken successfully.

When money laundering goes unchecked. it encourages the underlying criminal activity from which such money is generated.gotten gains. which co. 4 . the loss of their good market reputation. Money launderers often use front companies.6 Among its other negative socioeconomic effects. and citizens to criminals.8 Nations cannot afford to have their reputations and financial institutions tarnished by an association with money laundering.4. and. the sheer magnitude of the accumulated asset base of laundered proceeds can be used to corner markets -.4 One of the most serious microeconomic effects of money laundering is felt in the private sector. in some cases. Actions by banks to prevent money laundering are not only a regulatory requirement.4. their supervisory authorities and the law enforcement agencies. money laundering transfers economic power from the market. and corruption -. government. 1. a situation that can result in the crowding out of private sector business by criminal organizations. 1. In some countries. 1. Bribing of officials and governments undermines the moral fabric in society. these Guidance Notes were drawn up. law enforcement agencies. The loss of credibility and investor confidence that such crises can bring has the potential of destabilizing financial systems.mingle the proceeds of illicit activity with legitimate funds. This makes it difficult. these illicit proceeds dwarf government budgets.9 It is generally recognized that effective efforts to combat money laundering cannot be carried out without the co-operation of financial institutions. to hide the ill.interest.4.1. These front companies have access to substantial illicit funds. 1.or even small economies.5 trillion. 1. especially in today's global economy. or the press risk likely prosecution. counterfeiting. but the amounts involved are undoubtedly huge.4. A bank tainted by money laundering accusations from regulators. Furthermore.5 No one knows exactly how much "dirty" money flows through the world's financial system every year. Money laundering erodes confidence in financial institutions and the underlying criminal activity -. It s very i difficult and requires significant resources to rectify a problem that could be prevented with proper anti-money-laundering controls. the sheer magnitude of the economic power that accrues to criminals from money laundering has a corrupting effect on all elements of society. corrupts our democratic institutions.4. but also an act of self.4. narcotics trafficking.weaken the reputation and standing of any financial institution. and damaging the reputation of the country. The International Money Fund has estimated that the magnitude of money laundering is between 2 and 5 percent of world gross domestic product. in order to address the concerns and obligations of these three parties. by weakening collective ethical standards. particularly in smaller economies. For financial institutions it can lead to an unstable liability base and to unsound asset structures thereby creating risks of monetary instability and even systemic crises.fraud.3 Money laundering distorts asset and commodity prices and leads to misallocation of resources. or at least USD 800 billion to USD1.4. Indeed. if not impossible. allowing them to subsidize front company products and services at levels well below market rates.7 The social and political costs of laundered money are also serious as laundered money may be used to corrupt national institutions. for legitimate business to compete against front companies with subsidized funding. resulting in a loss of control of economic policy by governments. 1. Accordingly.

How the basic steps are used depends on the available laundering mechanisms and the requirements of the criminal organisations .1 There is no single method of laundering money.separating illicit proceeds from their source by creating complex layers of financial transactions designed to disguise the audit trail and provide anonymity. If the layering process has succeeded. a house. Layering stage Integration stage Sale or switch to other forms of Redemption of contract or investment.5 Stages of Money Laundering 1. The table below provides some typical examples. Bribery. Cash used to buy high value goods. switch to other forms of investment. Integration .the physical disposal of the initial proceeds derived from illegal activity. Cash exported. This has a need to enter the financial system by some means so that it can be converted into a form which can be more easily transformed. extortion.5. The methods of achieving this are limited only by the ingenuity of the launderer and these methods have become increasingly sophisticated. Layering .3 The three basic steps may occur as separate and distinct phases. 1. may overlap. car or jewellery) to passing money through a complex international web of legitimate businesses and 'shell' companies (i.2 Despite the variety of methods employed. property or business assets. more commonly.g. Methods can range from the purchase and resale of a luxury item (e. concealed or transported. using fictitious names or funds disguised as proceeds of Complex web of transfers legitimate business). Money transferred to assets of legitimate financial False loan repayments or institutions. forged invoices used as cover for laundered Telegraphic transfers (often money. (both domestic and international) makes Cash deposited in outstation tracing original source of branches and even overseas funds virtually impossible. Cash purchase of single premium life insurance or other investment.5.5. 1. Placement stage Cash paid into bank (sometimes with staff complicity or mixed with proceeds of legitimate business). the laundering is not a single act but a process accomplished in 3 basic stages which may comprise numerous transactions by the launderers that could alert a financial institution to criminal activity Placement . 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. those companies that primarily exist only as named legal entities without any trading or business activities). robbery and street level purchases of drugs are almost always made with cash. banking system. There are a number of crimes where the initial proceeds usually take the form of cash that needs to enter the financial system by some means. 5 .the provision of apparent legitimacy to wealth derived criminally.e. They may also occur simultaneously or.1.

trading companies and others selling high value commodities and luxury goods. and devise their procedures with due regard to that risk. particularly in the initial conversion from cash. 1. particularly where there is no face-to-face contact with the customer. 1. in addition. insurance companies. are susceptible to money laundering activities. real estate dealers. Other loan accounts may be used as part of this process to create complex layers of transactions.6. § cross-border flows of cash.2 Certain points of vulnerability have been identified in the laundering process. 1. 1. gold dealers. are vulnerable to being used in the layering and integration stages of money laundering as well as the placement stage. both banks and non-banks.6 Vulnerability of the Financial System to Money Laundering 1.6.Resale of goods/assets.3 Financial institutions should consider the money laundering risks posed by the products and services they offer. Whilst the traditional banking processes of deposit taking. The sophisticated launderer often involves many other unwitting accomplices such as currency exchange houses. 1. vigilance is necessary throughout the financial system to ensure that weaknesses cannot be exploited. stock brokerage houses. mixing lawful and illicit proceeds and integrating them into the legitimate economy.8 However. are vulnerable to being used in the layering and integration stages. 1. as providers of a wide range of money transmission and lending services. and where his activities are therefore more susceptible to being recognized.6.6. These are: § entry of cash into the financial system. All financial institutions. as providers of a wide range of services. The liquidity of some products may attract money launderers since it allows them quickly and easily to move their money from one product to another. it should be recognised that products and services offered by other types of financial and non -financial sector businesses are also attractive to the launderer. which the money launderer finds difficult to avoid.4 Although it may not appear obvious that the products might be used for money laundering purposes.6. banks and non-banking financial institutions.6. particularly where they are of high value. and § Transfers within and from the financial system. 6 .1 Money laundering is often thought to be associated solely with banks and moneychangers.7 Electronic funds transfer systems increase the vulnerability by enabling the cash deposits to be switched rapidly between accounts in different names and different jurisdictions. 1. money transfer systems and lending do offer a vital laundering mechanism. 1.5 Banks and other Financial Institutions conducting relevant financial business in liquid products are clearly most vulnerable to use by money launderers.6.6.6 All banks and non-banking financial institutions.

11 Investment and merchant banking businesses are more likely to find them being used at the layering and integration stages of money laundering.15 Insurance and investment product providers and intermediaries should therefore keep transaction records that are comprehensive enough to establish an audit trail. however.16 Corporate vehicles trust structures and nominees are firm favorites with money launderers as a method of layering their proceeds. Premiums on insurance policies may be paid in cash. mixing lawful and illicit proceeds and integrating them into the legitimate economy. or an insured event may occur resulting in a claim being paid out. Payment in cash should merit further investigation. particularly where they are of high value.6.6. 1. The liquidity of many investment products particularly attracts sophisticated money laundering since it allows them quickly and easily to move their money from one product to another. Retail investment products are. Banks and nonu banking financial institutions offering international trade services should be on their guard for laundering by these means. particularly where it cannot be supported by evidence of a cash-based business as the source of funds. Such organizations. may create large scale but false international trading activities in order to move their illicit monies from one country to another. mixing lawful and illicit proceeds and integrating them into the legitimate economy. 1. by cheque). 1. vigilance is necessary throughout the financial system to ensure that non traditional banking products and services are not exploited. possibly under the disguise of front companies and nominees.6.6. Many of the front companies may even approach their bankers for credit to f nd the business activity. with the policy subsequently being cancelled in order to obtain a return of premium (e. more likely to be used at the layering and integration stages.12 Although it may not appear obvious that insurance and retail investment products might be used for money laundering purposes. Such records can also provide useful information on the people and organizations involved in laundering schemes. 7 . 1.g.6.13 Intermediaries and product providers who deal direct with the public may be used at the initial placement stage of money laundering.6. They may create the illusion of international trade using false/inflated invoices to generate apparently legitimate international wire transfers.6. 1. particularly if they receive cash. and may use falsified/bogus letters of credit to confuse the trail further.14 Lump sum investments in liquid products are clearly most vulnerable to us e by money launderers. 1.1. 1.17 The facility with which currency exchanges can be effected through a bureau is of particular attraction especially when such changes are effected in favor of a cheque or gold bullion.10 Investment and merchant banking businesses are less likely than banks and money changers to be at risk during the initial placement stage.9 Some banks and non-banking financial institutions may additionally be susceptible to the attention of the more sophisticated criminal organizations and their “professional money launderers”. Providers of these services can find themselves much in demand from criminals. 1. The liquidity of a mutual funds may attract money launderers since it allows them quickly and easily to move their money from one product to another.6.6.

strongest and mo st far-reaching money laundering law in the world.8. reach and scope. The growth in international trade. A legal entity such as a bank or business that is convicted under the law faces fines and forfeitures. the expansion of the global financial system.000 per violation.7. 1. Since enacting the law. For the purposes of these guidance notes the term Banks and other Financial Institutions refer to businesses carrying on relevant financial business as defined under the legislation. Such records can also provide useful information on the people and organizations involved in laundering schemes. law is a weapon of enormous breadth and power wielded by U. the lowering of barriers to international travel.S.7.7 How Financial Institutions Can Combat Money Laundering 1. Those convicted under the law face a maximum prison term of 20 years and a fine of $500. The adoption of procedures by which Banks and other Financial Institutions “know their customer” is not only a principle of good business but is also an essential tool to avoid involvement in money laundering. the globalization of markets). became the first country in the world to criminalize the “laundering” of the proceeds of criminal activity with the enactment of the Money Laundering Control Act of 1986.'know your customer'.1 The prevention of laundering the proceeds of crime has become a major priority for all jurisdictions from which financial activities are carried out. The U. the placement stage.S.7. financial institutions should at all times pay particular attention to the fundamental principle of good business practice . 1. It will also be dealt with in staff training programs which are a fundamental part of the procedures designed to recognize and combat money laundering and which are referred to in Chapter IX – Training and Awareness. One of the best methods of preventing and deterring money laundering is a sound knowledge of a customer’s business and pattern of financial transactions and commitments. Having a sound knowledge of a customer's business and pattern of financial transactions and commitments is one of the best methods by which financial institutions and their staff will recognize attempts at money laundering. the U.1. opportunity. 1.S. Money laundering has become a global problem as a result of the confluence of several remarkable changes in world markets (i. 1.3.8.4 In complying with the requirements of the Act and in following these Guidance Notes. and the surge in the internationalization of organized crime have combined to provide the source. In 1986. Persons and entities also face civil money penalties 8 ..e.S.1. prosecutors in that country. In addition.7. Congress has increased its coverage.8 International Anti-Money Laundering Initiatives 1.2. making it the broadest.Recognition and Reporting of Suspicious Transactions. and means for converting illegal proceeds into what appears to be legitimate funds.8.e.2 Thus efforts to combat money laundering largely focus on those points in the process where the launderer's activities are more susceptible to recognition and have therefore to a large extent concentrated on the deposit taking procedures of banks i. a bank that is convicted of money laundering can lose its charter and federal deposit insurance. 1. 1. This aspect is referred to in Chapter VIII of these Guidance Notes . the U.3 Institutions and intermediaries must keep transaction records that are comprehensive enough to establish an audit trail.

and cooperating with law enforcement agencies. “Prevention of the Criminal Use of the Banking System for the Purpose of Money Laundering”. by police. 1. And the role of financial institutions in preventing and detecting money laundering has been the subject of pronouncements by the Basle Committee on Banking Supervision.8.1. avoiding suspicious transactions. October 2001“Sound Practices for the Management and Supervision of Operational Risk ". 1.8.8. In issuing these principles. These principles cover identifying customers. not least due to the increase in drug trafficking. the G-7 countries recognized that money laundering had become a global problem. the European Union. Concerted efforts by governments to fight money laundering have been going on for the past fifteen years.6. that can arise if they inadvertently become associated with money laundering. the Committee in 1997 developed a set of " Supervision ". The Vienna Convention. the G-10's Basle Committee on Banking Supervision issued a "statement of principles" with which the international banks of member states are expected to comply. 1. laid the groundwork for efforts to combat money laundering by creating an obligation for signatory states (including Bangladesh) to criminalize the laundering of money from drug trafficking. to financial records of criminal organizations and the confiscation of proceeds gained by criminal activity. tracing and seizing the assets of criminal enterprises. the committee noted the risk to public confidence in banks. February 2003. 9 . Many important guidelines issued by Basle Committee for worldwide implementation for all banks among which.5. The main international agreements addressing money laundering are the 1988 United Nations Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the Vienna Convention) and the 1990 Council of Europe Convention on Laundering. relate to money laundering controls. These resolutions have also called on member countries to increase the exchange of information in this field and encourage governments to adopt laws and regulations that would allow access. In 1989. Over the past few years. December 1988 “Customer Due Diligence for Banks”. 1. and the International Organization of Securities Commissions. It also establishes the principle that domestic bank secrecy provisions should not interfere with international criminal investigations. Search.8.8. In close collaboration with many non-G-10 supervisory Core Principles for Effective Banking authorities. January 2003. The G-7 Summit in Paris in 1989 took a great step forward in combating international money laundering with the creation of the Financial Action Task Force (FATF) to develop a coordinated international response to mounting concern over money laundering. the Basle Committee has moved more aggressively to promote sound supervisory standards worldwide.4. adopted in December 1988. During the past twenty years there have been a number of resolutions passed by the ICPOInterpol General Assembly. It promotes international cooperation in investigations and makes extradition between signatory states applicable to money laundering. which have called on member countries to concentrate their investigative resources in identifying. Seizure and Confiscation of the Proceeds of Crime.8.9. In December 1988. 1.money laundering programs. Shell banks and booking offices ".8. One of the first tasks of the FATF was to develop steps national governments should take to implement effective anti.7. and thus to their stability.

8. such as the 2000 UN Convention against Transnational Organized Crime. 1.money laundering actions advocated by the FATF as crucial for the smooth functioning of financial markets. it was the FATF’s exercise on Non-Cooperating Countries and Territories which brought about a sea change in thinking at the highest political levels. In joining FATF. Following the June 2000 publication of the first such list." 1. Through FATF's peer-review process. However.15. despite its unpopularity in many quarters. By the last count. 1. cooperative approach has been greatly successful in encouraging FATF member nations to improve their money laundering regimes. the tragedy in New York highlighted to all civilized nations the need to look at the finances of terrorists and the methods used to transfer funds around the 10 . 1. more controversial initiative that FATF has developed to enhance international cooperation is publication of a list of non-cooperative countries and territories (NCCT) -jurisdictions that lack a commitment to fight money laundering.have made political commitments to implementing "The Forty Recommendations. justice. Representatives of international and regional organizations concerned with combating money laundering also attend FATF meetings as observers. built on the firm foundations of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the Statement of Principles of the Basle Committee on Banking Regulations. a number of the 15 NCCT jurisdictions have acted quickly to implement FATF standards.14. FATF has now achieved agreement on money laundering standards and implementation among 31 governments. The experts within FATF came up with a list of 40 Recommendations. every member nation makes a political commitment to adopt the recommendations and allows itself to be evaluated by the other member nations on whether it has fulfilled that commitment. which identifies and evaluates the legal. they have been revised to reflect new developments in money laundering and experience. Today FATF has grown to an organization of thirty-one member countries and has representatives from the Gulf Cooperation Council and the European Commission. regulations and enforcement -.8. With expanded membership.money laundering best practice and set the international standards for money laundering controls. The FATF 40 Recommendations set out the basic framework on what countries need to do -in terms of laws.13.1.8. Other UN initiatives. This top-down. The 40 Recommendations have now become the global blueprint in anti. Even the IMF regards the anti. After 11 September 2001. 1. The exercise. Participants include representatives from members' financial regulatory authorities. law enforcement agencies. a requirement for success.11. 1. the participants have pushed each other into implementing the standards. More than that.8. about 130 jurisdictions -.12.representing about 85 percent of world population and about 90 to 95 percent of global economic output -. and external affairs.8.8. Over time. Setting those standards meant that all participating governments committed to moving in the same direction at the same pace. FATF has encouraged development of regional groups to adhere to the same standards.10.16.8. Another. and ministries of finance. has been a success.to combat money laundering effectively and were designed with universal application in mind. have assisted in complementing the work undertaken by the FATF. judicial and regulatory framework of countries whose regulatory systems do not appear to meet international standards.

either exclusively or as part of their work. the ESAAMLG (Eastern and Southern Africa Anti-Money Laundering Group). This co-operation forms a critical part of the FATF’s strategy to ensure that all countries in the world implement effective counter. 1. The goal of the group is to provide a forum for FIUs to improve support to their respective national anti.23.S. provides training and technical assistance to a broad spectrum of foreign government officials. In fact the UK was unique in meeting the requirements of all 8 FATF Special Recommendations immediately. as well as between jurisdictions). 1. These entities are commonly referred to as "Financial Intelligence Units" or "FIUs". Several regional or international bodies such as the APG (Asia/Pacific Group on Money Laundering). 11 .8. Since 1995. law enforcement personnel. the MONEYVAL Committee and OGBS carry out mutual evaluations for their members.8. This support includes expanding and systematizing the exchange of financial intelligence. The United Kingdom was one of the first countries in the world to have signed and ratified the UN International Convention on the Suppression of the Financing of Terrorists through the Terrorism Act 2000. CFATF (Caribbean Financial Action Task Force). the U. 1. 1. Bangladesh is a member of APG. improving expertise and capabilities of the personnel of such organizations. a number of countries have created specialized government agencies as part of their systems for dealing with the problem of money laundering. financial intelligence unit led by the Department of the Treasury. while protecting the interests of the innocent individuals contained in their data.18. 1.22.money laundering programs. and fostering better communication among FIUs through the application of new technologies. another forum for international cooperation has developed among a number of national financial intelligence units (FIUs). The Egmont Secretariat. During the past decade. is the ideal vehicle for FIUs from various countries to talk to one another once they reach the required standard.19.21. The FATF. which assess the progress they have made in implementing the necessary anti.money laundering measures. perform similar tasks for their members as the FATF does for its own membership.20.measures against money laundering. at its Washington meeting in October 2001. Terrorists use similar systems to money launderers and the 8 Special Recommendations complement the 40 existing Recommendations. financial regulators. Financial Crimes Enforcement Network (FinCEN). GAFISUD. The FATF expanded its mission beyond money laundering and agreed to focus its expertise on the worldwide effort to combat terrorist financing. the MONEYVAL Committee of the Council of Europe (the Select Committee of experts on the evaluation of anti-money laundering measures) and the OGBS (Offshore Group of Banking Supervisors). came up with 8 Special Recommendations to tackle this threat. currently hosted by the UK. 1.8. CFATF and the MONEYVAL also review regional money laundering trends. In the same vein. GAFISUD (Financial Action Task Force for South America). the CFATF. These units increasingly serve as the focal point for national anti money laundering programs because they provide the possibility of rapidly exchanging information (between financial institutions and law enforcement / prosecutorial authorities. APG.8. who began working together in an informal organization known as the Egmont Group (named for the location of the first meeting in the Egmont-Arenberg Palace in Brussels).8.world.8.17.8. Thus the APG. 1.

Liechtenstein. Dominican Republic.25. The U. the Council of the European Communities adopted a directive on the "Prevention of the Use of the Financial System for the Purpose of Money Laundering. Taiwan.8. Russia. This training covers a variety of topics.S. State Department has developed a programmatic approach to assist jurisdictions in developing anti. 1. Netherlands. the creation and operation of FIUs. St. Seizure and Confiscation of the Proceeds of Crime.8.29. Canada. China. Switzerland. Jersey. Costa Rica. Search.28. Additionally. Kazakhstan. which may include states outside the Council of Europe. Indonesia. which is open for signature by non-Council of Europe members. 1. Other international instruments such as the Council of Europe’s 1990 Convention on Laundering.S. FinCEN has also conducted personnel exchanges with the Korean and Belgian FIUs.money. including Argentina. and the United Kingdom. Greece. a report and resolution encouraging its members to take necessary steps to combat money laundering in securities and futures markets. Italy. Tanzania. Jamaica. institution-building objectives. South Africa. 1.27. FinCEN has provided FIU and money laundering briefings and training in many jurisdictions. Australia. INL participates in and supports international anti. Nigeria. technical assistance. A work ing group of IOSCO's Consultative Committee has been set up to collect information from IOSCO members' selfregulatory organizations and exchanges on their efforts to encourage their own members to fight money laundering. Thailand. 1. It established a common criminal policy on money laundering.money-laundering regimes to protect their economies and governments from abuse by financial criminals and stem the growth of international money laundering. Paraguay.and bankers. Brazil. in October 1992. This approach integrates training. It adopted a common definition of money laundering and common measures for dealing with it. Palau.26. the Bahamas.8. The convention laid down the principles for international cooperation among the contracting parties. computer systems architecture and operations.laundering bodies and provides policy recommendations regarding international money laundering activities. Hong Kong.moneylaundering regimes. Department of State's Bureau for International Narcotics and Law Enforcement Affairs (INL) develops assistance programs to combat global money laundering.8.8.8.24. The U. the establishment of comprehensive anti. They must require financial institutions to establish and maintain internal systems to prevent laundering. Armenia. 1. Isle of Man. including mone y laundering typologies. Lebanon." This directive was issued in response to the new opportunities for money laundering opened up by the liberalization of capital movements and cross-border financial services in the European Union. In June 1991. FinCEN also works closely with the informal Egmont Group of more than 50 FIUs to assist various jurisdictions in establishing and operating their own FIUs. operational. 1. El Salvador. and country-specific antimoney-laundering regimes and regulations. Nauru. Vincent and the Grenadines. to 12 . Seychelles. Germany. Tonga. The directive obligates member states to outlaw money laundering. and money laundering assessments on specific money laundering problems or deficiencies to achieve concrete. The International Organization of Securities Commissions (IOSCO) adopted. has been another useful method by which countries have attracted the expertise of the international community to join in and help countries to identify and rectify the imbalances within their systems. India.

36.32. and work with the international financial institutions to improve and monitor anti-money laundering compliance efforts throughout the world. Morgan.31. In October 2002 a group of the world's largest banks jointly with Transparency International (TI). HSBC. 1. After 11 September 2001 the IMF identified new ways to advance its contribution to international efforts to combat money laundering and the financing of terrorism.8. Member states must also require financial institutions to report suspicious transactions and must ensure that such reporting does not result in liability for the institution or its employees. Deutsche Bank AG. Citibank. The principles represent the Wolfsberg Group’s effort to establish anti. In March 2000 the US. consistent with its core areas of competence.. and promoting desirable policies and standards-all of which is critical in the fight against money laundering and the financing of terrorism..obtain the identification of customers with w hom they enter into transactions of more than ECU 15. N. Inc. and to keep proper records for at least five years. and UBS AG. For each item.8. drew up a set of global anti.money laundering guidelines that were viewed as appropriate when dealing with clients in the global marketplace.8. goals for the year are laid out and specific government officials are listed who are personally responsible for meeting those goals. Credit Suisse Group. “Bank policy will be to prevent the use of its world-wide operations for criminal purposes.money laundering guidelines for international private banks.8.. It included literally scores of specific actio n items to combat money laundering. 1. focus attention on the use of charities and other NGOs to raise. and exercising surveillance over member's exchange systems. and.8. and distribute funds to terrorist groups. 1. accordingly the new guidelines came to be known as the "Wolfsberg Anti-Money Laundering Principles" which declared. In addition. 1.34. Barclays Bank. 13 . the IMF is a natural forum for sharing information. Société Générale. the Fund has expertise based on its broad experience in conducting financial sector assessments. Switzerland. J.8. As a collaborative institution with near universal membership.A. 1. providing technical assistance in the financial sector.35. They also dealt with the identification and follow-up of unusual or suspicious activities. The new guidelines were formulated in working sessions held in Wolfsberg. The IMF is contributing to the FATF's efforts in several important ways. The bank will endeavor to accept only those clients whose source of wealth and funds can be reasonably established to be legitimate. developing common approaches to issues. 1. The participating institutions of the Wolfsberg Group were ABN AMRO Bank. Department of Treasury unveiled the National Money Laundering Strategy for 2000. The Chase Manhattan Private Bank.. establish an interagency targeting team to help focus efforts and resources against the most significant money laundering organizations and systems. S." 1.30. collect.A. Banco Santander Central Hispano. the most comprehensive plan ever put forth on the subject.000.33.P. the global anti-corruption organization.8. The principles dealt with diverse aspects of "know your customer" policies that pertain to relationships between high net worth individuals and the private banking departments of financial institutions. The National Money Laundering Strategy for 2002 identified four critical fronts for efforts to combat money laundering: to attack financing networks of terrorist entities.

The meeting issued a Statement describing the role that financial institutions could play in the fight against terrorism which presented new challenges as funds used in the financing of terrorism do not necessarily derive from criminal activity. In support of efforts to suppress the financing of terrorism the Wolfsberg Group together with Transparency International held a meeting at Wolfsberg from January 9 .1. which is a requisite element of most existing money laundering offences. 14 .8. 1. The provision of official lists of suspected terrorists and terrorist organizations on a globally coordinated basis by the relevant competent authority in each jurisdiction providing appropriate details and information had been identified as a crucial element in the Statement. 1. Successful participation in this fight by the financial sector requires global cooperation by governments with the financial institutions to an unprecedented degree.37.8.8.39.38.11. representatives of national law enforcement and judicial agencies and international organizations who contributed to the discussions and welcomed the initiative taken by the Wolfsberg Group. 2002 attended by key regulators of the financial industry.

2. movement. retain. financial institutions and other institutions engaged in financial activities and their employees to make a report to the Bangladesh Bank where: they suspect that a money laundering offence has been or is being committed (See Section 19 Ga of the Act) and. disposition.2.1 It is an offence for any person to obtain. and § imposes an obligation on banks.2. conceal or invest moveable or immovable property if that person knows or suspects that those properties are the proceeds of criminal conduct. transfer. (See Section 20 (1) of the Act). financial institutions and other institutions engaged in financial activities to establish the identity of their customers (See Section 19 Ka of the Act). (See Section 2 Tha).1. 7 of 2002) the provisions of which supercedes whatever may contain in any other Act in force in Bangladesh.CHAPTER II: WHAT THE LAW REQUIRES 2.1 The legislation specifically relating to money laundering is contained in the Money Laundering Prevention Act 2002 (Act No.3 It is also an offence for any individual or entity to provide assistance to a criminal to obtain. location. conceal or invest moveable or immovable property acquired directly or indirectly through illegal means.2. retain transfer. remit. 2. Concealing or disguising the property includes concealing or disguising its nature. 15 .2 It is an offence for any person to illegally conceal.1 Requirements under the Money Laundering Prevention Act 2002 2. provide customer identification and transaction records to Bangladesh Bank from time to time on demand (See Section 19 Kha of the Act). § requires banks. source. the Act: § defines the circumstances. or invest moveable or immovable property even when it is earned through perfectly legitimate means. ownership or any rights with respect to it. 2. which constitute the offence of money laundering and provides penalties for the commission of the offence (See Section 2 Tha of the Act). remit. financial institutions and other institutions engaged in financial activities to retain correct and full information used to identify their customers and transaction records at least for five years after termination of relationships with the customers (See Section 19 Ka of the Act). So far as financial service providers are concerned. transfer. remit. retain.2 The Offence of Money Laundering The money laundering offences are. in summary: 2. (See Section 2 Tha). It is a defense if the person conce rned can prove that the offence was committed without his knowledge or it has occurred despite his despite his best efforts to prevent it. § requires banks.

without reasonable grounds to assist any enquiry officer in connection with an investigation into money laundering.8 It is an offence for any person to express unwillingness. 2. or both. (See Section 17 of the Act). 16 . Where it is known or suspected that a suspicions report has already been disclosed to the authorities and it becomes necessary to make further enquiries. Preliminary enquiries of a customer to verify identity or to ascertain the source of funds or the precise nature of the transaction being undertaken will not trigger a tipping off offence before a suspicions report has been submitted in respect of that customer unless the enquirer knows that an investigation is underway or that the enquiries are likely to prejudice an investigation. in connection with an investigation into money laundering.e.2.6 It is also an offence for anyone to prejudice an investigation by informing i. that a report has been made. or are proposing to act. (See Section 14 of the Act).2.e. great care should be taken to ensure that customers do no t become aware that their names have been brought to the attention of the law enforcement agencies. tipping off the person who is the subject of a suspicion. 2.2.5 The offence of obstructing investigations or failure to assist any enquiry officer in connection with an investigation into money laundering is punishable by a minimum imprisonment for one year or a fine of at least Taka ten thousand.1 The offence of money laundering is punishable by terms of a minimum imprisonment for six months and a maximum of up to seven years plus a fine amounting to double the money laundered (See Section 13 of the Act).4 It is an offence for banks.3. or that the authorities are acting.2 The punishment for violation of Seizure Orders is a minimum imprisonment for one year or a fine of at least Taka ten thousand. 2. or both.2. 2. 2. 2.3 The punishment for violation of Freezing Orders is a minimum imprisonment for one year or a fine of at least Taka five thousand. 2. 2. (See Section 14 of the Act).3.2.2.7 It is an offence for any person to violate any freezing order issued by the Court on the basis of application made by Bangladesh Bank.4 The offence of divulging information by informing i.3.3. financial institutions and other institutions engaged in financial activities not to retain identification and transaction records of their customers. or both.3.3 Penalties for Money Laundering All offences under the Act are non-bailable and the penalties for the commission of the offences all have prison terms and/or fines as prescribed in the Act as follows: 2. or both. (See Section 15 of the Act). 2. or any third party is punishable by a minimum imprisonment for one year or a fine of at least Taka ten thousand.5 It is an offence for banks. financial institutions and other institutions engaged in financial activities not to report the knowledge or suspicion of money laundering to Bangladesh Bank as soon as it is reasonably practicable after the information came to light. tipping off the person who is the subject of a suspicion. or any third party.

financial institution and other institutions engaged in financial activities fail to retain customer identification and transaction records or fail to furnish required information as per the Act.4. 2. facilitate its detection. The responsibilities and powers of Bangladesh Bank are.3.4.5 To authorize any person to enter into any premises for conducting investigations into money laundering offences.7 Bangladesh Bank is empowered to impose fines of not less than Taka ten thousand and not more than Taka one lac on any bank. Bangladesh Bank will report such failure to the licensing authority of the defaulting institution so that the concerned authority can take proper action for such negligence and failure (See Section 19 (3) of the Act) 2.4 Responsibilities of Bangladesh Bank The Act gives Bangladesh Bank broad responsibility for prevention of money laundering and wideranging powers to take adequate measures to prevent money laundering. 2. financial institutions and other institutions engaged in financial activities on prevention of money laundering. 17 . analyze such reports and take appropriate actions. directors. 2.7 To do all other acts in attaining the objectives of the Act. Partnership Firm. Society. it will be deemed that every owner.6 Persons authorized by Bangladesh Bank to investigate offences can exercise the same powers as the Officer in Charge of Police Station can exercise under the Code of Criminal Procedure.1 To investigate into all money-laundering offences. cial 2. financial institutions and other institutions engaged in finan activities.8 The Courts will not accept any offence under the Act for trial unless a complaint is lodged by Bangladesh Bank or any person authorized by Bangladesh Bank in this behalf.4.4.4.6 If any bank. 2.4. financial institution and other institutions engaged in financial activities for the failure or negligence to retain customer identification and transaction records or fail to furnish required information to Bangladesh Bank (See Section 19 (4) of the Act) 2. partner.3. 2.2. enforce rules and to act as the prosecuting agency for breaches of the Act. 2. monitor its incidence. in summary (See Section 4 and 5 of the Act): 2.4.3 Call for reports relating to money laundering from banks.2 Supervise and monitor the activities of banks.8 If any Company.4.3. or Association violates any provisions of the Act.4 Provide training to employees of banks. employees and officers have individually violated such provisions. financial institutions and other institutions engaged in financial activities. 2.

CHAPTER III: ANTI MONEY LAUNDERING POLICY 3. thus ensuring that they comply with their obligations under the law.money-laundering objectives which can deter criminals from using their facilities for money laundering.2 Senior management must send the signal that the corporate culture is as concerned about its reputation as it is about profits. • A statement that complying with rules and regulations is the responsibility of each individual in the financial institution in the normal course of their assignments. • The statement should direct staff to a compliance officer or other knowledgeable individuals when there is a question regarding compliance matters.1. 18 . Such a compliance policy must be written. 3. 3.1 Senior Management Commitment 3. 3. 3.3 The statement of compliance policy should at a minimum include: • A statement that all employees are required to comply with applicable laws and regulations and corporate ethical standards. including record keeping and reporting requirements. approved by the board of directors. to the development and enforcement of the anti.2.2.laundering program is the commitment of senior management.money. and customer service.1 At a minimum.2 The written anti.laundering compliance policy that ensures and monitors compliance with the Act. Ignorance of the rules and regulations is no excuse for noncompliance.1.2. and maintain an anti money. thus ensuring that they comply with their obligations under the law. the board of directors of each bank and other financial institution must develop. As part of its anti. administer. procedures. • A statement that all activities carried on by the financial institution must comply with applicable governing laws and regulations. and noted as such in the board meeting minutes. Written Anti-Money Laundering Compliance Policy 3. Such a statement should evidence the strong commitment of the institution and its senior management to comply with all laws and regulations designed to combat money laundering.1 The most important element of a successful anti. • A statement that employees will be held accountable for carrying out their compliance responsibilities. marketing. It is the responsibility of the individual to become familiar with the rules and regulations that relate to his or her assignment.1.money laundering policy an institution should communicate clearly to all employees on an annual basis a statement from the chief executive officer that clearly sets forth its policy against money laundering and any activity which facilitates money laundering or the funding of terrorist or criminal activities.laundering compliance policy at a minimum should establish clear responsibilities and accountabilities within their organizations to ensure that policies. including the chief executive officer and the board of directors. and controls are introduced and maintained which can deter criminals from using their facilities for money laundering and the financing of terrorist activities.money.

2. civil and disciplinary penalties and reputational harm that could ensue from any association with money laundering activity. hiring and training employees and a separate audit or internal control function to regularly test the program’s effectiveness. information flows. and should set forth the consequence of noncompliance with the applicable laws and the institution’s policy.3. including the criminal.6 The anti.2. 19 .2. activities. 3.2.3 The Policies should be tailored to the institution and would have to be based upon an assessment of the money laundering risks. taking into account the Financial institution’s business structure and factors such as its size. reporting suspicious transactions.money laundering policies should be reviewed regularly and updated as necessary and at least annually based on any legal/regulatory or business/ operational changes.2. Procedures should address its Know Your Customer (“KYC”) policy and identification procedures before opening new accounts.5 It should also include a description of the roles the Anti.Money Laundering Compliance Officers(s)/Unit and other appropriate personnel will play in monitoring compliance with and effectiveness of money laundering policies and procedures. such as additions or amendments to existing anti-money laundering rules and regulations or business. methods of payment. 3.4 It should include standards and procedures to comply with applicable laws and regulations to reduce the prospect of criminal abuse.7 In addition the policy should emphasize the responsibility of every employee to protect the institution from exploitation by money launderers. and risks or vulnerabilities to money laundering. monitoring existing accounts for unusual or suspicious activities. location. 3. 3.

Each financial institution should prepare a detailed specification of the role and obligations of the CAMLCO. the designated department. provides added assurance that the officer will have sufficient clout to investigate potentially suspicious activities. group. because of their and complexity the appointment of one or more permanent Deputy CAMLCO of suitable seniority may be necessary. directly or through the designated department. more importantly. internal audit or inspection departments. - 4.CHAPTER IV: ORGANIZATIONAL STRUCTURE 4. 20 . region. structure. In small institutions it may be appropriate to designate the Head of Operations. In larger institutions. a senior level officer is appointed as Anti Money Laundering Compliance Officer (AMLCO) to ensure that each division.1. regional.1.1. business and resources of a financial institution. group.money laundering responsibilities or perform the compliance functions in addition to existing duties. This provides evidence of senior management's commitment to efforts to combat money laundering and. unit. Larger financial institutions may choose to appoint a senior member of their compliance. 4.3 The CAMLCO may effect his or her responsibilities through a specific department.6 The designated C AMLCO must ensure that at each division. branch or u level officers may be dedicated solely to the nit financial institution‘s anti. procedures and measures and who will report directly to senior management and the board of directors. but he or she should be sufficiently senior to command the necessary authority.money laundering policies. branch or unit of the financial unit that deals directly with the public.2 The position within the organization of the person appointed as CAMLCO will vary according to the size of the financial institution and the nature of its business. branch or unit is carrying out policies and procedures as required. unit. or committee. Depending on the size. unit. 4.1. or committee. 4. or committee or officer may be dedicated solely to the financial institution‘s anti money laundering responsibilities or perform the compliance functions in addition to existing duties.1.1.5 Depending on the scale and nature of the institution the designated CAMLCO may choose to delegate duties or rely on suitably qualified staff for their practical performance whilst remaining responsible and accountable for the operation of the designated functions.1 Designation of Anti-Money Laundering Compliance Officers (AMLCO) 4. This division. group. region. These officers should report to the CAMLCO regularly on compliance issues and the need for any revisions to policies and procedures. 4.1 All financial institutions must designate a Chief Anti-Money Laundering Compliance Officer (CAMLCO) at its head office who has sufficient authority to implement and enforce corporatewide anti. should be a central point of contact for communicating with the regulatory agencies regarding issues related to the financial institution’s anti money laundering program.4 The designated CAMLCO.

Regional/ Branch/Unit Heads and Compliance resources to assist in early identification of compliance issues. 3) Respond to compliance questions and concerns of the staff and advise regions/branches/ units and assist in providing solutions to potential issues involving compliance and money laundering risk. This will include: an AML risk assessment.4. 4) Ensure the Bank’s/Institution’s AML Policy is complete and up -to-date. review and coordinate application and enforcement of the Bank’s/ Institution’s compliance policies including Anti-Money Laundering Compliance Policy. who will report to the Chief Executive Officer for this responsibility. and making these revisions. 2) To monitor changes of laws/regulations and directives of Bangladesh Bank that may require revisions to the Policy.7 All staff engaged in the Financial Institution at all levels must be made aware of the identity of AMLCO.1. procedures and controls implemented by the Institution. the Institution’s AML Policy (the “Policy”). procedures and controls for account opening. 21 . maintain ongoing awareness of new and changing business activities and products and identify potential compliance issues that should be considered by the Bank/Institution. external and internal auditors. his Deputy and the staff’s branch/unit level AMLCO. 7) Assist in review of control procedures in the Bank/Institution to ensure legal and regulatory compliance and in the development of adequate and sufficient testing procedures to prevent and detect compliance lapses. and the practices.1. especially the compliance personnel. 4. 5) Actively develop the compliance knowledge of all staff. KYC procedures and ongoing account/transaction monitoring for detecting suspicious transactions/account activity. and a written AML training plan (refer to Chapter IX). POSITION RESPONSIBILITIES: 1) Monitor. 6) Develop and maintain ongoing relationships with regulatory authorities. and the procedure to the C follow when making a suspicious activity report. coordinates and monitors day to day compliance with: applicable money laundering laws. rules and regulations. A suggested format of an internal report form is set out in Annexure H.8 A sample job description of the Chief Anti Money Laundering Compliance Officers (CAMLCO) is appended below which may be adapted for creating a suitable job description of the Regional/Branch/ Unit Anti-Money Laundering Compliance Officers (AMLCO): POSITION TITLE: Chief Anti-Money Laundering Compliance Officer FUNCTION: The Chief Anti-Money Laundering Compliance Officer (CAMLCO). Develop and conduct training courses in the Bank/Institution to raise the level of awareness of compliance in the Bank. and practices. All relevant staff must be aware of the chain through which suspicious activity reports should be passed to the CAMLCO.

8) To monitor the business’ self- testing for AML compliance and any corrective action; 9) To manage the Suspicious Activity Reporting Process: Reviewing transactions referred by divisional, regional, branch or unit compliance officers as suspicious; Reviewing the Transaction Monitoring reports (directly or together with account management personnel); Ensuring that internal Suspicious Activity Reports (“internal SARs”): - are prepared when appropriate; - reflect the uniform standard for “suspicious activity involving possible money laundering” established in the Policy; - are accompanied by documentation of the branch’s decision to retain or terminate the account as required under the Policy; - are advised to other branches of the institution who are known to have a relationship with the customer; - are reported to the Chief Executive Officer, and the Board of Directors of the institution when the suspicious activity is judged to represent significant risk to the institution, including reputation risk . Ensuring that a documented plan of corrective action, appropriate for the seriousness of the suspicious activity, be prepared and approved by the Branch Manager; Maintaining a review and follow up process to ensure that planned corrective action, including possible termination of an account, be taken in a timely manner; Manage the process for reporting suspicious activity to Bangladesh Bank authorities after appropriate internal consultation;

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JOB CHARACTERISTICS AND REQUIREMENTS The Chief Anti-Money Laundering Compliance Officer (CAMLCO) should possess: • Proven leadership and organizational skills and ability to exert managerial control; • Excellent communication skills, with an ability to clearly and diplomatically articulate issues, solutions and rationale; an effective trainer to raise the level of awareness of the control and compliance culture; • Solid understanding of AML regulatory issues and product knowledge associated with a broad range of relevant financial services, banking activities; • High degree of judgment, good problem solving skills and be results oriented to ensure sound implementation of control and compliance processes and procedures; • High personal standard of ethics, integrity and commitment to fulfilling the objectives of the position and protecting the interest of the Bank. The Chief Anti-Money Laundering Compliance Officer (CAMLCO): 22

• Must be familiar with the ways in which any of their respective business’s products and services may be abused by money launderers; • Must be able to assist their respective Institutions develop effective AML policies, including programs to provide AML training to all personnel; • Must be able to assist their respective business assess the ways in which products under development may be abused by money launderers in order to establish appropriate AML controls before product is rolled out into the marketplace. • Must be capable of assisting their respective business evaluate whether questionable activity is suspicious under the standard set forth in the AML Policy and under any applicable law and regulation; • Must attend each year at least one formal AML training program, either internal or external; EDUCATION (OR EQUIVALENT TRAINING) The Chief Anti- Money Laundering Compliance Officer (CAMLCO) should have a working knowledge of the diverse banking products offered by the Institution. The person could have obtained relevant banking and compliance experience as an internal auditor or regulatory examiner, with exposure to different banking products and businesses. Product and banking knowledge could be obtained from being an external or internal auditor, or as an experienced Operations staff. EXPERIENCE The Chief Anti-Money Laundering Compliance Officer (CAMLCO) should have a minimum of ten years of experience, with a minimum of three years at a managerial/administrative level. 4.2 Organisation Structure 4.2.1 Whilst complying with rules and regulations is the responsibility of each individual in the financial institution in the normal course of their assignments, the following individuals and functions all play a vital role in the effectiveness of the Institutions AML program: Account Officer/Relationship Manager Customer Service Officer Operations Staff Anti Money Laundering Compliance Officer (AMLCO) Branch Manager (Unit Head) Risk Management /Credit Officer Internal Control Officer Operations & Technology Manager Controller of Branches Chief Anti Money Laundering Compliance Officer (CAMLCO) Chief Executive Officer (CEO) 23

4.2.2 The Grid below details the individual responsibilities of the above functions:-

Function Role / Responsibilities § Perform due diligence on prospective clients prior opening Account Officer/ Relationship an account § Be diligent regarding the identification (s) of account holder Manager/ Staff Responsible and the transactions relating to the account § Ensure all required documentation is completed for account opening satisfactorily § Complete the KYC Profile for the new customer § Ongoing monitoring of customer‘s KYC profile and transaction activity § Obtain documentary evidence of large cash deposits § Escalate any suspicion to the Supervisor, Branch Manager and AMLCO § Support the Account Officer in any of the above roles Customer Service § Perform the Account Officer roles in their absence Officer § Ensuring that all control points are completed prior to Operations Staff transaction monitoring § Ongoing diligence on transaction trends for clients § Update customer transaction profiles in the ledger/system § Manages the transaction monitoring process AMLCO § Reports any suspicious activity to Branch Manager, and if necessary the CAMLCO § Provide AML training to Branch staff § Update policy with local AML regulations and communicate to all staff § Submit Branch returns to CAMLCO on Bi- monthly basis (MIS) § Ensures that the AML program is effective within the Branch Manager (Unit Head) branch/unit § First point of contact for any AML issues § Perform AML Risk Assessment for the Business Risk Management § Perform periodic Quality Assurance on the AML program /Credit Officer/ Internal Control in the unit § Communicate updates in AML laws and internal policies Officer § Ensures that the required reports and systems are in place to Operations & Technology maintain an effective AML program Manager § Overall responsibility to ensure that the branches have an Controller of Branches AML program in place and that it is working effectively § Implements and enforces Institution’s anti- money CAMLCO laundering policies § Reports suspicious clients to Bangladesh Bank on Institution’s behalf § Informs Controller of Branches/AMLCOs of required actions (if any) § Overall responsibility to ensure that the Business has an Chief Executive 24

2. 25 .Officer (CEO) AML program in place and that it is working effectively 4.3 A sample organization chart is given below: Chief Executive Officer Other Direct Reports of CEO Chief Anti Money Laundering Compliance Officer (CAMLCO) Head of Branches/Operations Deputy Chief AML Compliance Officer (DCAMLCO) Divisional Heads Divisional AML Compliance Officer Regional Heads Regional AML Compliance Officer Branch Managers Branch AML Compliance Officer Operations Officer Customer Service Officer A/c Officer/Relationship Manager .

26 .1 Introduction IDENTIFICATION PROCEDURES 5.6 Legal risk is the possibility that lawsuits. Reputational risk is defined as the potential that adverse publicity regarding a bank’s business practices and associations.1.1 Sound Know Your Customer (KYC) procedures are critical elements in the effective management of banking risks. 5. A public perception that a bank is not able to manage its operational risk effectively can disrupt or adversely affect the business of the bank. 5. creditors and the general marketplace. limiting and controlling risk exposures in assets and liabilities. for example. will cause a loss of confidence in the integrity of the institution. However. can pose particular reputational dangers.1.1. Assets under management. especially reputational. or held on a fiduciary basis. people and systems or from external events. including assets under management). Most operational risk in the KYC context relates to weaknesses in the implementation of banks’ programs. investigation costs.5 Operational risk can be defined as the risk of direct or indirect loss resulting from inadequate or failed internal processes. KYC safeguards go beyond simple account opening and recordkeeping and require banks to formulate a custom acceptance policy and a tiered customer er identification program that involves more extensive due diligence for higher risk accounts. since the nature of their business requires maintaining the confidence of depositors.1. banks can. the termination of inter-bank facilities.g. • they constitute an essential part of sound risk management (e. and loan losses).2 Sound KYC procedures have particular relevance to t e safety and soundness of financial h institutions.1. They need to protect themselves by means of continuous vigilance through an effective KYC program. 5. operational. 5. suffer fines. adverse judgments or contracts that turn out to be unenforceable can disrupt or adversely affect the operations or condition of a bank. through the withdrawal of funds by depositors. Banks may become subject to lawsuits resulting from the failure to observe mandatory KYC standards or from the failure to practice due diligence.g. whether accurate or not. It is worth noting that all these risks are interrelated. Banks are especially vulnerable to reputati nal risk because they can so easily o become a vehicle for or a victim of illegal activities perpetrated by their customers.CHAPTER V 5.1. Consequently. as well as the need to divert considerable management time and energy to resolving problems that arise. legal and concentration risks. by providing the basis for identifying. and includes proactive account monitoring for suspicious activities. in that: • they help to protect financial institution’s reputation and the integrity of banking systems by reducing the likelihood of banks becoming a vehicle for or a victim of financial crime and suffering consequential reputational damage. asset seizures and freezes.4 Reputational risk poses a major threat to banks. any one of them can result in significant financial cost to banks (e. claims against the bank.3 The inadequacy or absence of KYC standards can subject banks to serious customer and counterparty risks. 5. ineffective control procedures and failure to practice due diligence.

Unless satisfactory evidence of the identity of potential customers is obtained in good time.2. In order to be able to judge whether a transaction is or is not suspicious. concentration risk is closely associated with funding risk. or they will run the risk of losing their funds at critical times.2. 5. 27 .2 Section19 Ka of the Prevention of Money Laundering Act 2002 requires all institutions to seek satisfactory evidence of the identity of those with whom they deal (referred to in these Guidance Notes as verification of identity). 5. address or date of birth will usually mean that law enforcement agencies cannot trace the customer if s/he is needed for interview as part of an investigation. It is essential that liabilities managers in small banks not only know but also maintain a close relationship with large depositors. with potentially damaging consequences for the bank’s liquidity Funding risk is more likely to be higher in the case of . particularly the risk of early and sudden withdrawal of funds by large depositors. the nature of the business that the customer expects to conduct with the institution should be ascertained at the outset to establish what might be expected later as normal activity. 5. or to ensure that s/he cannot be traced or linked to the crime the proceeds of which the institution is being used to launder.8 Customers frequently have multiple accounts with the same bank. and must verify the identity of persons who are authorized to operate any bank or investment account. and is the most effective defense against being used to launder the proceeds of crime.3 When a business relationship is being established.money laundering efforts.criminal liabilities and special penalties imposed by regulators. including not only their identities but also the extent to which their actions may be linked with those of other depositors. Banks will be unable to protect themselves effectively from such legal risks if they do not engage in due diligence in identifying their customers and understanding their business. If a customer has established an account using a false identity. 5. Indeed.2 Know Your Customer (KYC) Policies and Procedures 5. institutions need to have a clear understanding of the business carried on by their customers. or transact business for the customer. Whenever possible. the prospective customer should be interviewed personally.1. To effectively manage the reputational. s/he may be doing so to defraud the institution itself.4 An institution must establish to its satisfaction that it is d ealing with a real person (natural. and as opportunities arise.2. a court case involving a bank may have far greater cost implications for its business than just the legal costs. A false name. 5. the business relationship must not proceed. corporate or legal). but in offices located in different areas.1. banks should be able to aggregate and monitor significant balances and activity in these accounts on a fully consolidated countrywide basis. small banks and those that are less active in the wholesale markets than large banks.7 On the liabilities side.2. Analyzing deposit concentrations requires banks to understand the characteristics of their depositors. This information should be updated as appropriate. 5.and making use of that information underpins all anti.1 Having sufficient information about your customer .“knowing your customer” (KYC) . compliance and legal risk arising from such accounts.

those that are the most difficult to obtain illicitly. Section19 Ka of the Act requires that records of the verification of identity must be retained for five years after an account is closed or the business relationship ended (see Chapter V . factors such as customers’ background. KYC should be a core feature of banks’ risk management and control procedures.e. 5. 5. should be taken s exclusively at senior management level.1 Customer identification is an essential element of KYC standards.2 Financial Institutions should develop graduated customer acceptance policies and procedures that require more extensive due diligence for higher risk customers. Banks should not only establish the identity of their customers. especially for people who are financially or socially disadvantaged. The best identification documents possible should be obtained from the prospective customer i. and have the necessary documentary evidence to verify this. No single piece of identification can be fully guaranteed as genuine.3. It is important that the customer acceptance policy is not so restrictive that it results in a denial of access by the general public to banking services.Record Keeping). Decisions to enter into business relationships with higher risk customers. For the purposes of this Guidance Notes.3 Customer Acceptance Policy 5. The intensity of KYC programs beyond these essential elements should be tailored to the degree of risk.11 below).5. On the other hand.5 The verification procedures needed to establish the identity of a prospective customer should basically be the same whatever type of account or service is required.2. (2) customer identification. linked accounts.4. but should also monitor account activity to determine those transactions that do not conform with the normal or expected transactions for that customer or type of account.6 Financial institutions in the design of KYC programs should include certain key elements. country of origin.3. the policies may require the most basic account-opening requirements for a working individual with a small account balance. In preparing such policies.1 Financial Institutions should develop clear customer acceptance policies and procedures.2. or as being sufficient to establish identity so verification will generally be a cumulative process.4 Customer Identification 5. including a description of the types of customer that are likely to pose a higher than average risk to a bank. 5. 5. public or high profile position. Such essential elements should start from the banks’ risk management and control procedures and should include (1) customer acceptance policy. quite extensive due diligence would be essential for an individual with a high net worth whose source of funds is unclear. a customer includes: 28 . (3) on-going monitoring of high risk accounts and (4) identification of suspicious transactions. such as public figures or politically exposed persons ( ee section 5. and be complemented by regular compliance reviews and internal audit. For example. business activities or other risk indicators should be considered. The overriding principle is that every institution must know who their customers are.

The extent of the description required will depend on the institution’s own understanding of the applicant’s business.4. 5.5. 5.3 The other main element in a person’s identity is sufficient information about the nature of the business that the customer expects to undertake. the number.5. However. however. 5.). Where a passport is taken as evidence. For some business these may be obvious. and any person or entity connected with a financial transaction who can pose a significant reputational or other risk to the bank. name.4 Once verification of identity has been satisfactorily completed. if a bank becomes aware at any time that it lacks sufficient information about an existing customer. partnership. and any expected or predictable. and the anticipated level and nature of activity to be undertaken.5. for more complex businesses this may not be the case. there is a need for banks to undertake regular reviews of existing records. or a one-off transaction or series of linked transactions of Tk. date of birth. it should take steps to ensure that all relevant information is obtained as quickly as possible. 5. For the purposes of this guidance. To ensure that records remain up-to-date and relevant. 5. and information should be updated or reviewed as appropriate. There are two main constituents of a person’s identity.3 Whenever the opening of an account or business relationship is being considered.4. beneficial owners). date and place of issue should be recorded.5 What Constitutes a Person’s Identity 5.2 Confirmation of a person’s address is also useful in determining whether a customer is resident in a high-risk country.000 or more is to be undertaken.5. Documentation about the nature of the applicant’s bu siness should 29 .5. Identity must also be verified in all cases where money laundering is known.1 Identity generally means a set of attributes which uniquely define a natural or legal person. the two elements are: § the physical identity (e. identification procedures must be followed. institutions should consider recording the purpose and reason for establishing the business relationship. pattern of transactions. etc. 5.2 The customer identification process applies naturally at the outset of the relationship. or when there is a material change in the way that the account is operated. body corporate. no further evidence is needed when other transactions are subsequently undertaken. remembering that a person may be any one of a range of legal persons (an individual.4 When commencing a business relationship. Knowledge of both residence and nationality may also be necessary. the beneficiaries of transactions conducted by professional intermediaries. Records must be maintained as set out Chapter VII.g.• • • the person or entity that maintains an account with the bank or those on whose behalf an account is maintained (i.4. An appropriate time to do so is when a tran saction of significance takes place. and § the activity undertaken. to avoid breaches of UN or other international sanctions to which Bangladesh is a party. or suspected. 5. TIN/voter registration/passport/ID number. when customer documentation standards change substantially.e. in a non money-laundering context. etc).

The information obtained should demonstrate that a person of that name exists at the address given.5 Once account relationship has been estab lished. tax assessment or bank statement containing details of the address (to guard against forged copies it is strongly recommended that original documents are examined). e.2 One or more of the following steps is recommended to verify addresses: • provision of a recent utility bill.4 Identification documents. It is also helpful for residence/nationality to be ascertained to assist risk assessment procedures and to ensure that an institution does not breach UN or other international financial sanctions. It will also depend on the nature of the product or service being offered. and is helpful to assist law enforcement. 5. • record of home/office visit.6. date of birth. the following information should be obtained from all individual applicants for opening accounts or other relationships. should be pre-signed and bear a photograph of the applicant. etc.1 Where verification of identity is required. 30 . and should be independently verified by the institution itself: • • • • • true name and/or names used. and whether personal contact is maintained enabling file notes of discussion to be made or whether all contact with the customer is remote.: (i) Current valid passport. Although there is no obligation to verify the date of birth. such as changes of address.6.6. 5. reasonable steps should be taken by the institution to ensure that descriptive information is kept up to date as opportunities arise. details of occupation/employment and sources of wealth or income 5.3 The date of birth is important as an identifier in support of the name. The need to confirm and update information about identity. or be the proceeds of a matured insurance policy.6 Individual Customers 5. and that the applicant is that person. • checking the telephone directory.g. parent’s names. and the extent of additional KYC information to be collected over time will differ from sector to sector and between institutions within any sector. this provides an additional safeguard. 5. • checking the Voter lists. 5.6. It is important to emphasize that the customer identification process do not end at the point of application.5.also cover the origin of funds to be used during the relationship. current and permanent address. For example. (ii) Valid driving license. funds may be transferred from a bank or the applicant’s employer. either originals or certified copies.

11 An introduction from a respected customer personally known to the management. nonBangladeshi driving license. the name and address of all account holders. may assist the verification procedure but does not replace the need for verification of address as set out above.6. and directors/senior managers must not require or request staff to breach account opening procedures as a favor to an applicant 31 . Details of the introduction should be recorded on the customer's file. 5. or any respectable person acceptable to the institution. Ward Commissioner. credit cards. procedures to identify and authenticate the customer should ensure that there is sufficient evidence. At least one additional check should be undertaken to guard against impersonation. However. or from a trusted member of staff. birth certificate. or are easy to obtain. the institution must take reasonable steps to verify that the document is indeed genuine. then a certified true copy should be obtained. Such institutions may find it convenient to record identification details on a separate form. A Bangladeshi employer ID card bearing the photograph and signature of the applicant.10 File copies of supporting evidence should be retained. Institutions which regularly conduct one-off transactions. or A certificate from any local government organs such as Union Council chairman. particular care should be taken in accepting documents which are easily forged or which can be easily obtained using false identities. etc. 5.g.(iii) (iv) (v) (vi) Voter ID Card. 5. which may include contacting the releva nt authorities or obtaining a notarized translation. format or language.6. not only the first named. e. 5. or employment details of which the financial institution becomes aware should be recorded as part of the know your customer process. either documentary or electronic. It is for each institution to decide the appropriateness of any document in the light of other procedures adopted. should normally be verified in accordance with the procedures set out above.6. Where this is not possible.6. to be retained with copies of any supporting material obtained.5 Identification documents which do not bear photographs or signatures.6. similar to the example in Annexure F. Armed Forces ID card. Any photocopies of documents showing photographs and signatures should be plainly legible. Where applicants put forward documents with which an institution is unfamiliar. and photographic identification would clearly be inappropriate. However. 5.6 Where there is no face-to.6.7 There is obviously a wide range of documents which might be provided as evidence of identity. the relevant details should be recorded on the applicant's file.6. 5. should record the details in a manner which allows cross reference to transaction records. personal introductions without full verification should not become the norm. either because of origin. to confirm address and personal identity. 5. In the event that internal procedures require sight of a current passport or ID Card where there is no face-toface contact. Financial Institutions should also be aware of the authenticity of passports. are normally not appropriate as sole evidence of identity.face contact.8 In respect of joint accounts where the surname and/or address of the account holders differ. Generally this would be undertaken as part of good business practice and due diligence but also serves for money laundering prevention.9 Any subseque nt change to the customer’s name. address.

2 A certifier must be a suitable person. with particular attention being paid to any shareholders or others who exercise a significant influence over the affairs of the 32 . directors or managers of a regulated institution. In these circumstances. it may be acceptable to accept a letter from the guardian or a similar professional as confirmation of a person’s address. Where such procedures would not be relevant. doctor. 5. Where the individual lives in accommodation for which he or she is not financially responsible.7.g. The certifier should sign the copy document (printing his name clearly underneath) and clearly indicate his position or capacity on it together with a contact address and phone number.3 In these cases it may be possible for the institution to accept confirmation from a professional (e. verification might be obtained in the form of the home address of parent(s). or by making enquiries of the applicant’s educationa l institution.5.4 For students or other young people. a common sense approach and some flexibility without compromising sufficiently rigorous anti. The principal requirement is to look behind a corporate entity to identify those who have ultimate control over the business and the company’s assets. 5.8.8 Corporate Bodies and other Entities 5. students and minors should not be precluded from obtaining financial services just because they do not possess evidence of identity or address where they cannot reasonably be expected to do so. corporate entities and trusts are the most likely vehicles to be used for money laundering. It is important. a family member or guardian who has an existing relationship with the institution concerned would introduce a minor.7.1 Because of the difficulties of identifying beneficial ownership.5 Under normal circumstances. preferably one with a photograph. The important point is that a person's identity can be verified from an original or certified copy of another document. the normal identification procedures set out above should be followed as far as possible. Particular care should be taken to verify the legal existence of the applicant and to ensure that any person purporting to act on behalf of the applicant is authorized to do so. 5. the disabled. In cases where the person opening the account is not already known. a member of the judiciary or a senior civil servant. or do not provide satisfactory evidence of identity. a notary public. such as for instance a lawyer. A manager may authorize the opening of a business relationship if s/he is satisfied with confirmation of identity circumstances but must record his/her authorization on the customer’s file.7 Persons without Standard Identification Documentation 5. etc) who knows the person.money laundering procedures is recommended. therefore. Internal procedures must allow for this. that the socially or financially disadvantaged such as the elderly.7. particularly when a legitimate trading company is involved.7. and must provide appropriate advice to staff on how identity can be confirmed in these exceptional circumstances. or for which there would not be documentary evidence of his/her address. should be verified. lawyer. and the possible complexity of organization and structures. the identity of that person. and any other person who will have control of the account. 5.7. accountant.1 Most people need to make use of the financial system at some point in their lives. 5. and must also retain this information in the same manner and for the same period of time as other identification records. director or manager of a regulated institution.

an indication of the expected turnover.2 Before a business relationship is established. 5.6 Where the business relationship is being opened in a different name from that of the applicant. details of their relationship with the company and if they are not employees an explanation of the relationship.4 No further steps to verify identity over and above usual commercial practice will normally be required where the applicant for business is known to be a company. and that it is not merely a “brass plate company” where the controlling principals cannot be identified. and place of business.company. struck off. 33 .8. In such circumstances. wound-up or terminated. institutions should carry out effective checks on the source of funds and the nature of the activity to be undertaken during the proposed business relationship.5 The following documents should normally be obtained from companies: § § § § § § § Certified true copy of Certificate of Incorporation or equivalent. dissolved. or suspicions are aroused by a change in the nature of business transacted. Satisfactory evidence of the identity of the account signatories. 5. Enquiries should be made to confirm that the company exists for a legitimate trading or economic purpose. Explanation of the nature of the applicant's business. or by. the reason for the relationship being established. or a su bsidiary of a company.3 Particular care should be exercised when establishing business relationships with companies incorporated or registered abroad.8. Certified true copy of the Memorandum and Articles of Association. Satisfactory evidence of the identity of each of the principal beneficial owners being any person holding 10% interest or more or with principal control over the company’s assets and any person (or persons) on whose instructions the signatories on the account are to act or may act where such persons a not full time employees. 5.8. if the institution becomes aware of changes in the company structure or ownership. measures should be taken by way of company search and/or other commercial enquiries to ensure that the applicant company has not been. 5.8. This is particularly important if the corporate body is registered or has known links to countries without anti. or is not in the process of being. and a copy of the last available financial statements where appropriate. 5.laws of the client. the source of funds. Copies of the list/register of directors.money laundering legislation and procedures equivalent to Bangladesh’s. In the case of a trading company. details of the registered office. officers or re directors of the company. In addition. quoted on a recognized stock exchange. Such companies may be attempting to use geographic or legal complication to interpose a layer of opacity between the source of funds and their final destination. Copy of the board resolution to open the account relationship and the empowering authority for those who will operate any accounts. the institution should also satisfy itself that the reason for using the second name makes sense. or companies with no direct business link to Bangladesh. Subsequent changes to signatories must be verified.8. a visit to the place of business may also be made to confirm the true nature of the business. further checks should be made.

Such changes could be significant in relation to potential money laundering activity. it may be appropriate to make periodic enquiries to establish whether there have been any changes in directors/shareholders. where appropriate.9. the grantor of the power of attorney and third party mandates. 5.10 Powers of Attorney/ Mandates to Operate Accounts The authority to deal with assets under a power of attorney constitutes a business relationship and therefore. a mandate from the partnership authorizing the opening of an account and conferring autho rity on those who will operate it should be obtained. It is therefore reasonable to assume that business relationships commenced before that date may not satisfy the requirements 34 . 5.3 An explanation of the nature of the business or partnership should be ascertained (but not necessarily verified from a partnership deed) to ensure that it has a legitimate purpose. even though authorized signatories have not changed. The beneficial owner(s) of the company The majority shareholders of a private limited company.money laundering legislation and requirements in respect of KYC procedures for business relationships did not apply prior to 30th April 2002.5. 5.8. individuals or legal entities) must also be identified in line with this part of the notes: § § § § § All of the directors who will be responsible for the operation of the account / transaction. the identity of all the partners or equivalent should be verified in line with the requirements for personal customers.9. 5. or the nature of the business/activity being undertaken.12 Requirements in respect of Accounts Commenced Prior to 30 April 2002 5.2 Evidence of the trading address of the business or partnership should be obtained and a copy of the latest report and accounts (audited where applicable).8. All holders of powers of attorney to operate the account/transaction. All the authorized signatories for the account/transaction. In addition.e.7 The following persons (i. Where a formal partnership agreement exists. Where the institution already knows their ident ities and identification records already accord with the requirements of these notes. there is no need to verify identity again.9 Partnerships and Unincorporated Businesses 5.9.1 Anti.1 In the case of partnerships and other unincorporated businesses whose partners/directors are not known to the institution. care should be taken to ensure that the identities of all current signatories have been ve rified. Records of all transactions undertaken in accordance with a power of attorney should be kept in accordance with Chapter VII. 5. 5. directors and authorized signatories. it may be advisable to establish the identities of holders of powers of attorney.12. A letter issued by a corporate customer similar to Annexure E is acceptable in lieu of passport or other photo identification documents of their shareholders.8 When authorized signatories change.

12.2 It is recognized that on-line transactions and services are convenient. opening up alternative possibilities for money laundering. makes the Internet a dynamic environment offering significant business opportunities. Such factors will help determine whether it is necessary to update or supplement KYC documentation already held.12. or to decide that. 5..4 When reviewing the nature of a business relationship.12.of these guidance notes in terms of supporting documentary evidence. it is not appropriate that Financial Institutions should offer on-line live account opening allowing full immediate operation of the account in a way which would dispense with or bypass normal identification procedures.13. The fast pace of technological and product 35 . in common with accounts opened through more traditional methods.13. the institution must do so at the earliest possible opportunity and persist until the information is received.12. The review must be completed by 31st January 2010. 5.5 Where it is decided to seek missing documentation. Two senior managers who must also sign the form should conduct the review. The unregulated nature of the Internet is attractive to criminals. the form in Annexure E should be used. and the development of new financial services and products. 5. the institution should consider termination of the business relationship 5. 5. initial application forms could be completed on-line and then followed up with appropriate identification checks. In some circumstances.3 However. and the volumes and numbers of transactions. A decision must not be taken on the basis of categories or groups of clients. digital signatures. 5.1 Banking and investment business on the Internet add a new dimension to Financial Institutions' activities. management should take into account a number of considerations. such as the length of time the relationship has been in place. Consequently. Where missing information is not obtained within a reasonable period of time. 5. and fraud.4 The development of technologies such as encryption. 5.13.2 When an institution’s management reviews a pre-2002 account. or the original decision revised. management must decide whether to obtain any missing elements of the documentary evidence. should not be put into full operation until the relevant account opening provisions have been satisfied in accordance with these Guidance Notes. all relevant financial businesses must review existing business relationships commenced prior to 30th April 2002 (referred to in this section as “pre 2002 accounts”) to establish whether any documentary evidence required by their current KYC procedures is lacking. etc. However.3 In carrying out their review of pre-2002 accounts.13. the frequency with which the institution has contact with the client. The account. it is unnecessary to do so. in light of the existing nature of the business relationship.13 Internet or Online Banking 5. and will be treated as a constituent element of the institution’s KYC documentation for a pre-2002 account. the lack of up to date documentary evidence to support existing business relationships may pose operational and other risks to the institution. Each business relationship must be treated in one-way or the other. This form must be retained with client records.

Alternatively. 5. parcels and sealed envelopes in safe custody are made available.15 Timing and Duration of Verification 5. it is expected that Financial Institutions will follow the identification procedures set out in these Guidance Notes. staff may (or may not) consider that this is in itself suspicious.development has significant regulatory and legal implications.4 Verification. and Bangladesh Bank is committed to keeping up to date with any developments on these issues through future revisions to its Guidance Notes. Verification of identity should. Any such decision should be recorded in writing. a senior member of staff may give appropriate authority. 5.14 Provision of Safe Custody and Safety Deposit Boxes Where facilities to hold boxes.15. 5.3 This authority should not be delegated.15. once begun. and should only be done in exceptional circumstances.15. should normally be pursued either to a satisfactory conc lusion or to the point of refusal. 5. this should be subject to stringent controls which should ensure that any funds received are not passed to third parties.2 However. If a prospective customer does not pursue an application. 5. 36 . as soon as is reasonably practicable.1 The best time to undertake verification is prior to entry into the account relationship . In addition such facilities should only be made available to account holders. if it is necessary for sound business reasons to open an account or carry out a significant one-off transaction before verification can be completed. be completed before any transaction is completed.15.

3 KYC profile gives the basic information about the customer like. reporting suspicious transactions undertaken by the customer. the type of clients visited. 6. Financial Institutions should monitor the conduct of the relationship/account to ensure that it is consistent with the nature of business stated when the relationship/account was opened. If the customer is a Public Figure.1 Each Financial Institution is required to perform due diligence on all prospective clients prior to opening an account.1 Know Your Customer Procedures 6.1.1 info KYC profile Risk Classification Frequency of Monitoring and Review 6. Annual sales. Name. the concerned staff/Officer must assess the risk that the accounts could be used for “money laundering”.5 In the case of high net worth Accounts.6 The KYC Profile leads to Risk Classification of the Account as High/Low Risk.1 When opening accounts. Tel/Fax Numbers.1.1.2. The Staff/Officer will record his observations and sign the KYC Profile form. the information will include net worth of the customer. by what method is the client paid (cheque or cash).1. Bank References. 6.1. updating the client’s KYC profile for any significant changes in their lifestyle (e.1.g.Medium Risk and 1-2 Low Risk: § § § Occupation or nature of customer’s business Net worth / sales turnover of the customer Mode of opening the account 37 . Staff/Officer assessment Or customer Provided 3.CHAPTER VI: ANTI MONEY LAUNDERING PROCESSES 6. This process is completed by fulfilling the documentation requirements (Account Application. change of employment status.. Source of funds and Identification for example) and also a ‘Know Your Customer’ profile which is used to record a client’s source of wealth. 6.1. source of funds etc 6.4 The KYC Profile information will also include the observations of the Institution’s Staff/Officer when they visit the customer’s business place like.2 Risk categorization – Based on Activity/KYC Profile 6. the business place is owned or rented. and must classify the accounts as either High Risk or Low Risk. The risk assessment may be made using the KYC Profile Form given in Annexure D in which following seven risk categories are scored using a scale of 1 to 5 where scale 4-5 denotes High Risk. 3.2 Once the identification procedures have been completed and the client relationship is established. increase in net worth) and by monitoring the transaction activity over the client’s account on a periodic basis. expected transaction activity at it’s most basic level. Financial Institutions do this firstly by the their staff being diligent. Address. the account will become automatically a High Risk Account. 6. line of business.

and Branch AML Compliance Officer. Computerized approaches may include the setting of “floor levels" for monitoring by amount. in such circumstances institutions will need to ensure they have alternative systems in place. e. The purpose of this monitoring is for Financial Institutions to be vigilant for any significant changes or inconsistencies in the pattern of transactions.1 Financial Institutions are expected to have systems and controls in place to monitor on an ongoing basis the relevant activities in the course of the business relationship.e.3.2 The risk scoring of less than 14 indicates low risk and more than 14 would indicate high risk. 6. These should.3. the nature of their business. A corporate compliance culture.3 KYC Profiles and Transaction Profiles must be updated and re-approved at least annually for “High Risk” accounts (as defined above). Ideally any deviation from the normally expected TP 38 .It is recognized that the most effective method of monitoring of accounts is achieved through a combination of computerized and human manual solutions. and properly trained. will form an effective monitoring method as a matter of course. 6.Whilst some Financial Institutions may wish to invest in expert computer systems specifically designed to assist the detection of fraud and money laundering.2. it is recognized that this may not be a practical option for many Financial Institutions for the reasons of cost. 6. vigilant staff through their day -to-day dealing with customers. d. b.§ § § § Expected value of monthly transactions Expected number of monthly transactions Expected value of monthly cash transactions Expected number of monthly cash transactions 6. This will be declared in a Transaction Profile (TP) at the time of opening account from the customer. management may judgmentally override this automatic risk assessment to “Low Risk” if it believes that there are appropriate mitigants to the risk. transaction type frequency unusually large amounts geographical origin/destination changes in account signatories 6.3.3 Transaction Monitoring Process 6. of course. Possible areas to monitor could be: a.4.3.2.2. or as needed in the event of investigations of suspicious transactions or other concern. c. This override decision must be documented (reasons why) and approved by the Branch Manager. The nature of this monitoring will depend on the nature of the business. 6. Inconsistency is measured against the stated original purpose of the accounts i. However. or difficulties of systems integration. The risk assessment scores are to be documented in the KYC Profile Form (see Annexure D). the declared Transaction Profile (TP) of the Customer.Every Business and every individual will have normally certain kind of transaction in line with their business/individual needs.3. Different “floor levels” or limits may be set for different categories of customers. be updated if and when an account is reclassified to “High Risk”. There is no requirement for periodic updating of profiles for “Low Risk” transactional accounts.

the transaction trend is to continue the Account Officer is responsible for documenting the reasons why the transaction profile has changed and should amend the KYC profile accordingly. and where necessary will prepare internal Suspicious Activity Reports (SARs) with action plans for approval by the relevant Branch Manager and review with the Branch AMLCO.3. Transaction Limits are established by the business subject to agreement by Branch AMLCO. The RAMLCO and CAMLCO will investigate any reported accounts and will send a status report on any of the accounts reported.and may be periodically revised . Such procedures should be periodically updated to reflect any regulatory changes. 6.Account Officers/Relationship Managers or other designated staff will review and sign-off on such exception report of customers whose accounts showed one or more individual account transaction during the period that exceeded the “transaction limit” established for that category of customer.4 Suspicious Activity Reporting Process 6.On a monthly basis Branch/ Unit of the financial institution must prepare an exception report of customers whose accounts showed one or more individual account transaction during the period that exceeded the “transaction limit” established for that category of customer based on AntiMoney Laundering risk assessment exercise. 6.8. If. after confirming with the client.7. If the explanation for the exception does not appear reasonable then the Branch/Unit Head should review the transactions prior to considering submitting them to the regional AMLCO or CAMLCO.3.1 Financial Institutions must establish written internal procedures so that.9.6. 6. and that any such report be considered in the light of all other 39 . Such reviews may result in changing the expected profile or closing the customer account. 6.3. 6.3.AMLCO will review the SARs and responses from the Account Officers /Relationship Managers or other concerned staff.If the Branch/Unit Head and / or AMLCO believe the transaction should be reported then the AMLCO will supply the relevant details to the RAMLCO or the CAMLCO. It may not be feasible for some institutions or specific branches of institutions having very large number of customers to track every single account against the TP where a risk based approach should be taken for monitoring transactions based on use of “Customer Categories” and “Transaction Limits” (individual and aggregate) established within the branch.5. 6. A copy of the transaction identified will be attached to the SARs.3.3. No further action should be taken on the account until notification has been received. 6.should be reviewed with human judgment and interaction with customer. 6.4.and is documented on the Transaction Profile. 6. The Customer Category is assigned at account inception . in the event of a suspicious activity being discovered.3. The concerned staff will document their review by initial on the report. all staff is aware of the reporting chain and the procedures to follow.4.10.11. The Customer Categories and Transaction Limits are maintained in the manual ledgers or computer systems.2 Financial Institutions should ensure that staff report all suspicious activities to their Branch/Unit level AMLCO.

4. and the AMLCO should determine whether a disclosure in accordance with the regulations is appropriate. they should continue to make reports to the AMLCO whenever a further suspicious transaction occurs. 6.5 Detailed procedures on reporting of suspicious activities are given in Chapter VIII of this Guidance Notes.4.4.6 System of Independent Procedures Testing Testing is to be conducted at least annually by the financial institution's internal audit personnel. 6. who performed it. § a test of the validity and reasonableness of any exemptions granted by the financial institution. for the purpose of determining whether or not the information or other matter contained in the report does give rise to a knowledge or suspicion (See section 2 Umah of the AML Circular #2). conclusions and recommendations.money laundering procedures enable management to identify areas of risk or to assess the need for additional control mechanisms. However the line/relationship manager can be permitted to add his comments to the suspicion report indicating any evidence as to why he/she believes the suspicion is not justified.3 Where staff continues to encounter suspicious activities on an account.relevant information by the AMLCO.5 Self-Assessment Process Each financial institution should establish an annual self-assessment process that will assess how effectively the financial institution's anti. The self-assessment should conclude with a report documenting the work performed. 6. The selfassessment should advise management whether the internal procedures and statutory obligations of the financial institution have been properly discharged. which they have previously reported to the AMLCO. or by another designated person. controls and statutory requirements? 6.money laundering procedures. Any deficiencies should be identified and reported to senior management together with a request for a response indicating corrective action taken or to be taken and a deadline 40 . 6. and § a test of the record keeping system according to the provisions of the Act. how it was controlled and supervised and the resulting findings. § a sampling of large transactions followed by a review of transaction record retention forms and suspicious transaction referral forms. The tests include: § interviews with employees handling transactions and interviews with their supervisors to determine their knowledge and compliance with the financial institution's anti. The report should provide conclusions to three key questions: § Are anti-money laundering procedures in place? § Are anti-money laundering procedures being adhered to? § Do anti-money laundering procedures comply with all policies. compliance department.4 All reports of suspicious activities must reach the CAMLCO and only the CAMLCO should have the authority to determine whether a disclosure in accordance with the regulation is appropriate. and by an outside party such as the institution's external auditors.

CHAPTER VII: 7.1.

RECORD KEEPING

Statutory Requirements

7.1.1 The requirement contained in Section 19 Ka of the Act to retain correct and full records of customers’ identification and transactions at least for five years after termination of relationships with the customers is an essential constituent of the audit trail that the law seek to establish. 7.1.2 If the law enforcement agencies investigating a money laundering case cannot link funds passing through the financial system with the original criminal money, then confiscation of those funds cannot be made. Often the only valid role required of a financial institution in a money laundering investigation is as a provider of relevant records, particularly where the money launderer has used a complex web of transactions specifically for the purpose of confusing the audit trail. 7.1.3 The records prepared and maintained by any financial institution on its customer relationships and transactions should be such that: • requirements of legislation and Bangladesh Bank directives are fully met; • competent third parties will be able to assess the institution’s observance of money laundering policies and procedures; • any transactions effected via the institution can be reconstructed; • any customer can be properly identified and located; • all suspicious reports received internally and those made to Bangladesh Bank can be identified; and • the institution can satisfy within a reasonable time any enquiries or court orders from the appropriate authorities as to disclosure of information. 7.1.4 Where there has been a report of a suspicious activity or the Institution is aware of a continuing investigation into money laundering relating to a client or a transaction, records relating to the transaction or the client should be retained until confirmation is received that the matter has been concluded. 7.2 Documents Verifying Evidence of Identity and Transaction Records 7.2.1 Records relating to verification of identity will generally comprise: § a description of the nature of all the evidence received relating to the identity of the verification subject; § the evidence itself or a copy of it or, if that is not readily available, information reasonably sufficient to obtain such a copy. 7.2.2 Records relating to transactions will generally comprise:

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§ details of personal identity, including the names and addresses, etc. as prescribed by Bangladesh Bank under AML Circular # 2 and subsequent directives pertaining to: (1) the customer; (2) the beneficial owner of the account or product; (3) the non-account holder conducting any significant one-off transaction; (4) any counter-party; § details of transaction including: (5) the nature of such transactions; (6) Customer’s instru ction(s) and authority(ies); (7) source(s) and volume of funds; (8) destination(s) of funds; (9) book entries; (10) custody of documentation; (11) the date of the transaction; (12) the form (e.g. cash, cheque) in which funds are offered and paid out. 7.2.3 These records of identity must be kept for at least five years from the date when the relationship with the customer has ended. This is the date of: i. the carrying out of the one-off transaction, or the last in a series of linked one-off transactions; or ii. the ending of the business relationship; or iii. the commencement of proceedings to recover debts payable on insolvency. 7.3 Formats and Retrieval of Records 7.3.1 To satisfy the requirements of the law, it is important that records are capable of retrieval without undue delay. It is not necessary to retain documents in their original hard copy form, provided that the firm has reliable procedures for holding records in microfiche or electronic form, as appropriate, and that these can be reproduced without und ue delay. In addition, an institution may rely on the records of a third party, such as a bank or clearing house in respect of details of payments made by customers. However, the primary requirement is on the institution itself and the onus is thus on th business to ensure that the third party is willing and e able to retain and, if asked to, produce copies of the records required. 7.3.2 However, the record requirements are the same regardless of the format in which they are kept or whether the transaction was undertaken by paper or electronic means. Documents held centrally must be capable of distinguishing between the transactions relating to different customers and of identifying where the transaction took place and in what form. 7.4 Wire Transfer Transactions 7.4.1 Investigations of major money laundering cases over the last few years have shown that criminals make extensive use of telegraphic transfers (TT) and electronic payment and message systems. The rapid movement of funds between accounts in different ju risdictions increases the complexity of investigations. In addition, investigations become even more difficult to pursue if the identity of the original ordering customer or the ultimate beneficiary is not clearly shown in a TT and electronic payment message instruction. 42

7.4.2 Following the recent focus on terrorist financing, relevant financial businesses are required to include accurate and meaningful originator (name, account number, and where possible address) and beneficiary information (account name and/or account number) on all outgoing funds transfers and related messages that are sent, and this information should remain with the transfer or related message throughout the payment chain. Institutions should conduct enhanced scrutiny of and monitor for suspicious incoming funds transfers which do not contain meaningful originator information. 7.4.3 The records of electronic payments and messages must be treated in the same way as any other records in support of entries in the account and kept for a minimum of five years. 7.5 Investigations 7.5.1 Where an institution has submitted a report of suspicious activity to Bangladesh Bank (see Chapters VI and VIII of these Guidance Notes) or where it knows that a client or transaction is under investigation, it should not destroy any relevant records without the agreement of the Bangladesh Bank even though the five-year limit may have been reached. 7.5.2 Financial Institutions should maintain a register or tabular records of all investigations made to it by the Bangladesh Bank and all disclosures to the Bangladesh Bank. The register should be kept separate from other records and contain as a minimum the following details: i. the date and nature of the enquiry, ii. details of the account(s) involved; and iii. be maintained for a period of at least 5 years. 7.6 Training Records So that Financial Institutions can demonstrate that they have complied with the regulations concerning staff training, they should maintain records which include: (i) details of the content of the training programs provided; (ii) the names of staff who have received the training; (iii) the date on which the training was delivered; (iv) the results of any testing carried out to measure staff understanding of the mo ney laundering requirements; and (v) an on-going training plan.

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2 Questions that a financial Institution must consider when determining whether an established customer’s transaction must be suspicious are: • • • • Is the size of the transaction consistent with the normal activities of the customer ? Is the transaction rational in the context of the customer’s business or personal activities ? Has the pattern of transactions conducted by the customer changed ? Where the transaction is international in nature.2. a suspicious transaction will often be one that is inconsistent with a customer's known. or series of transactions. some businesses may choose to require that such unusual or suspicious transactions be drawn initially to the attention of supervisory man agement to ensure that there are no known facts that will negate the suspicion before further reporting on to the Anti Money Laundering Compliance Officer or an appointed deputy. it is difficult to define a suspicious transaction. Therefore. does the customer have any obvious reason for conducting business with the other country involved ? 8. identification of any of the types of transactions listed in Annexure G should prompt further investigation and be a catalyst towards making at least initial enquiries about the source of funds. Suspicion is personal and subjective and falls far short of proof based on firm evidence.2.2.1.CHAPTER VIII: RECOGNITION AND REPORTING OF SUSPICIOUS TRANSACTIONS 8. 8. 8. 8. Actual reporting should be made in accordance with an internal reporting procedure to be established by a financial institution for the purposes of facilitating the operation of the reporting obligation.1 Recognition of Suspicious Transactions 8.1 There is a statutory obligation on all staff to report suspicions of money laundering. These are not intended to be exhaustive and only provide examples of the most basic way by which money may be laundered. 44 . Section 19 Ga of the Act contains the requirement to report to the Bangladesh Bank. However. However.3 Examples of what might constitute suspicious transactions are given by types of business in Annexure G.1.2 Reporting of Suspicious Transactions 8.2 In line with accepted practice. It is more than the absence of certainty that someone is innocent.1 As the types of transactions that may be used by a money launderer are almo st unlimited. 8. the first key to recognition is knowing enough about the customer's business to recognize that a transaction. and that there is a clear reporting chain under which those suspicions will be passed without delay to the Chief Anti Money Laundering Compliance Officer.1. is unusual. legitimate business or personal activities or with the normal business for that type of customer. A person would not be expected to know the exact nature of the criminal offence or that the particular funds were definitely those arising from the crime.3 Each institution has a clear obligation to ensure: • • that each relevant emplo yee knows to which person they should report suspicions.

2. 8. in most cases common sense will suggest what course of action is most appropriate. He/she is required to determine whether the information or other matters contained in the transaction report he/she has received give rise to a knowledge or suspicion that a customer is engaged in money laundering. and referral to identification records held. Provided the CAMLCO or an authorized deputy does act in good faith in deciding not to pass on any suspicions report. Clearly in cases where there is a doubt it would be prudent for the CAMLCO to make a report to the Bangladesh Bank. This may include a review of other transaction patterns and volumes through the account or accounts in the same name. If. Where it is impossible in the circumstances to refrain from executing a suspicious transaction before reporting to the Bangladesh Bank or where reporting it is likely to frustrate efforts to pursue the beneficiaries of a suspected money laundering operation. the financial institutions concerned shall apprise the Bangladesh Bank immediately afterwards. It is important therefore that the CAMLCO should keep a written record of every matter reported to him.8.7 The CAMLCO has a significant degree of responsibility and should be familiar with all aspects of the legislation.4 Once employees have reported their suspicions to the appropriate person in accordance with an established internal reporting procedure they have fully satisfied the statutory obligations.11 The CAMLCO will be expected to act honestly and reasonably and to make his determinations in good faith. the CAMLCO should consider all other relevant information available within the financial institution concerning the person or business to which the initial report relates. then he must disclose the information to Bangladesh Bank.9 The determination of whether or not to report implies a process with at least some formality attached to it. 8. While it is impossible to spell out in advance how to deal with every possible contingency. of whether or not the suggestion was negated or reported. after completing this review. there will be no liability for non -reporting if the judgment is later found to be wrong. the CAMLCO decides that there are no facts that would negate the suspicion.2.8 S/he must take steps to validate the suspicion in order to judge whether or not a report should be submitted to Bangladesh Bank.2. In making this judgment. but it clearly would be prudent for internal procedures to require that written reports are submitted and that he/she should record his/her determination in writing.2. In addition. 8.2. and of his reasons for his decision. 8. the reference in the above subsection 8.2. and therefore not reporting any particular matter.2.9 to "determination" implies a process with some formality.5 Financial institutions must refrain from carrying out transactions which they know or suspect to be related to money laundering until they have apprised the Bangladesh Bank. the advice of the Anti Money Laundering Compliance Officers may be sought. 8. the length of the relationship.6 It is the Chief Anti Money Laundering Compliance Officer (CAMLCO) who will ha ve the responsibility in financial institutions for communicating reports of suspicious transactions to the Anti-Money Laundering Department of Bangladesh Bank and who will provide the liaison between the financial institution and the Bangladesh Bank. 8.2. Where there is doubt. It does not necessarily imply that the CAMLCO must give reasons for negating.2. 45 . 8.10 It is therefore imperative that the CAMLCO has reasonable access to information that will enable him/her to undertake his/her responsibility.

12 Care should be taken to guard against a report being submitted as a matter of routine to Bangladesh Bank without undertaking reasonable internal enquiries to determine that all available information has been taken into account. should be retained for five years from the date of the transaction.6 On-going communication between the AMLCO and the reporting person/department is important. The institution may wish to consider advising the reporting person.3. In some organizations it may be possible for the person with the suspicion to discuss it with the AMLCO and for the report to be prepared jointly. confidentiality and accessibility to the CAMLCO.3. in line wit h accepted practice.3 Larger institutions may choose to appoint deputy AMLCOs within divisions or branches. at the end of an investigation.3. In other organizations the initial report should be prepared and sent to the AMLCO. department or branch of the AMLCO’s decision. The report should include the full details of the customer and as full a statement as possible of the information giving rise to the suspicion. 8.8. which were raised internally with the CAMLCO but not disclosed to Bangladesh Bank. However.5 The AMLCO should acknowledge receipt of the report and at the same time provide a reminder of the obligation to do nothing that might prejudice enquiries. It is particularly important that the AMLCO is informed of all communication between the investigating officer and the branch/unit concerned at all stages of the investigation. 8.3 Internal Reporting Procedures and Records 8.4 All suspicions reported to the AMLCO should be documented (in urgent cases this may follow an initial discussion by telephone). Likewise. consideration should be given to advising all members of staff concerned of the outcome. In such cases. at some future date. 8. some financial sector businesses may choose to require that such unusual or suspicious transactions be drawn initially to the attention of supervisory management to ensure that there are no known facts that will negate the suspicion before further reporting to the CAMLCO or an appointed deputy through the branch/unit level AMLCO.3. there is an investigation and the suspicions are confirmed 8. with the minimum number of people between the person with the suspicion and the CAMLCO.e. i.3. the role of the deputy AMLCOs must be clearly specified and documented. 8. but not in the mind of the supervisor. This ensures speed.7 Records of suspicions. 8. An additional fact which the supervisor supplies may negate the suspicion in the mind of the person making the initial report.3. particularly if the report is believed to be invalid.3. and the reason behind whether or not to submit the report to the authorities.2 Supervisors should also be aware of their own legal obligations.2. This information may be required to supplement the initial report or as evidence of good practice and best endeavors if. Records of suspicions which the Bangladesh Bank has advised are of no interest should be retained for a 46 . All internal enquiries made in relation to the report. “tipping off”. 8. to enable the validity of the suspicion to be examined before being passed to CAMLCO. The supervisor then has a legal obligation to report to the AMLCO. All procedures should be documented in appropriate manual and job descriptions.1 Reporting lines should be as short as possible. should be documented.

an institution is not precluded from subsequently terminating its relationship with a customer.6 Following the submission of a suspicious activity report. Institutions using popular commercial software packages may be able to take advantage of form -based document and template features. 8.5 Where additional relevant evidence is held which could be made available to the investigating officer.4 Sufficient information should be disclosed on the suspicious transaction. 8. if the standard layout is followed.4. Records of suspicions that assist with investigations should be retained until the financial institution is informed by the Bangladesh Bank that they are no longer needed.2 The Anti Money Laundering Department of Bangladesh Bank c be contacted during office an hours at the following numbers: Telephone: (02) 7120659 and (02) 7120371 Fax: (02) 9566212 Email: gmamlbb@bangla. If a particular offence is suspected. provided it does so for normal commercial reasons. including the reason for the suspicion. this should be stated so that the report may be passed to the appropriate investigation team with the minimum of delay. to enable the investigating officer to conduct appropriate enquiries.net 8.4.4. it is not necessary to complete all sections of the suspicious activity report form and its submission should not be delayed if particular details are not available.4. 47 .3 The use of a standard format in the reporting of suspicious activities is important and all institutions are required to use the unusual/suspicious transactions reporting form as per Annexure GA of the AML Circular No. this should be noted on the form. Suspicious activity reports should be typed whenever possible or. 8. Close liaison with Anti Money Laundering Department of Bangladesh Bank and the investigating officer is encouraged in such circumstances so that the interests of all parties may be fully considered.4. generated on wordprocessing software. 8. However. It must not alert the customer to the fact of the disclosure as to do so would constitute a “tipping-off” offence. Further information and advice can be obtained from the Anti Money Laundering Department of Bangladesh Bank.2 dated 17 th July 2002.4 Reporting Procedures 8.1 The national reception point for reporting of suspicions by the CAMLCO is: The General Manager Anti-Money Laundering Department Bangladesh Bank Head Office Dhaka 8.similar period.4.

3 Education and Training Programs 9.4 The Act does not specify the nature of the training to be given and these Guidance Notes therefore set out what steps might be appropriate to enable institutions to fulfill this requirement. All staff must be trained to co-operate fully and to provide a prompt report of any suspicious transactions.1.2 Since financial institutions themselves have responsibilities under the Act in relation to identification.1. reporting and record retention.3.1 Timing and content of training packages for various sectors of staff will need to be adapted by individual businesses for their own needs.2. However it is recommended that the following might be appropriate. 9. 9.3 It is therefore imperative for all financial institutions to take appropriate measures to make employees aware of: § policies and procedures to prevent money laundering and for identification. where a business relationship is being established.2 All relevant staff should be educated in the process of the “know your customer” requirements for money laundering prevention purposes. 9. record keeping and internal reporting. § the legal requirements. The training in this respect should cover not only the need to know the true identity of the customer but also.1. 9.2 The Need for Staff Awareness 9.1 Statutory Requirements 9. 9. and § to provide relevant employees with training in the recognition and handling of suspicious transactions.1 The effectiveness of the procedures and recommendations contained in these Guidance Notes must depend on the extent to which staff in institutions appreciates the serious nature of the background against which the legislation has been enacted. 9.2 It is. financial institutions and other institutions engaged in financial activities in order to combat money laundering.2.1. the need to know enough about the type of business activities expected in relation to that customer at the outset to know what might constitute suspicious activity at a 48 .1 Section 4 (Umah) of the Act requires Bangladesh Bank to provide training to the staff/officers of banks. important that financial institutions introduce comprehensive measures to ensure that all staff and contractually appointed agents are fully aware of their responsibilities. therefore.3.CHAPTER IX: TRAINING AND AWARENESS 9. Staff must be aware of their own personal statutory obligations and that they can be personally liable for failure to report information in accordance with internal procedures. 9. it follows that they must ensure that their staffs are adequately trained to discharge their responsibilities.

and the need for extra vigilance in these cases. their staff and the institution itself. Those members of staff. 9. 9.6 Processing (Back Office) Staff Those members of staff who receive completed Account Opening.3. must receive the training given to cashiers and other front office staff above. who are in a position to deal with account opening. 49 . 9.line' staffs are made aware of the organization's policy for dealing with nonregular (walk in) customers particularly where large transactions are involved. it is important that they understand the statutory duties placed on them. Relevant staff should be alert to any change in the pattern of a customer’s transactions or circumstances that might constitute criminal activity.5.future date. In addition.5. Payment Order/DD/TT/FDR application forms and cheques for deposit into customer’s account or other investments must receive appropriate training in the processing and verification procedures.5 Customer Service/Relationship Managers/Tellers/Foreign Exchange Dealers 9. 9.3 Although Directors and Senior Managers may not be involved in the day-to-day procedures.4 New Employees A general appreciation of the background to money laundering.2 It is vital that 'front . Such staff should be aware that the offer of suspicious funds or the request to undertake a suspicious transaction may need to be reported to the Anti Money Laundering Compliance Officer (or alternatively a line supervisor) whether or not the funds are accepted or the transactions proceeded with and must know what procedures to follow in these circumstances. that there is a legal requirement to report. and training should be given in the organization's account opening and customer/client verification procedures. and the subsequent need for reporting any suspicious transactions to the Anti Money Laundering Compliance Officer (AMLCO) should be provided to all new employees who are likely to be dealing with customers or their transactions. They must be made aware of their legal responsibilities and should be made aware of the organization's reporting system for such transactions. irrespective of the level of seniority. the need to verify the identity of the customer must be understood. Training should be provided on factors that may give rise to suspicions and on the procedures to be adopted when a transaction is deemed to be suspicious. and that there is a personal statutory obligation to do so.1 Members of staff who are dealing directly with the public are the first point of contact with potential money launderers and their efforts are vital to the organization's strategy in the fight against money laundering. Some form of high-level general awareness raising training is therefore suggested. or to accept new customers. 9. They should be made aware of the importance placed on the reporting of suspicions by the organization.

the AMLCO will require extensive instructions on the validation and reporting of suspi ious c transactions and on the feedback arrangements. possibly in conjunction with compliance monitoring. This will include the offences and penalties arising from the Act for non-reporting and for assisting money launderers. at least annually to ensure that staff does not forget their responsibilities. Some financial sector businesses may wish to provide such training on an annual basis. training may have to be tailored to the needs of specialized areas of the institution’s business. 9.7 Senior Management/Operations Supervisors and Managers A higher level of instruction covering all aspects of money laundering procedures should be provided to those with the responsibility for supervising or managing staff. Bangladesh Bank directives and internal policies will be required for the Anti Money Laundering Compliance Officer.e. 9. In addition. internal reporting procedures and the requirements for verification of identity and the retention of records. It will also be necessary to keep the content of training programs under review and to make arrangements for refresher training at regular intervals i.9 Refresher Training In addition to the above relatively standard requirements.8 Anti Money Laundering Compliance Officer In depth training on all aspects of the Money Laundering Legislation. 50 .9. others may choose a shorter or longer period or wish to take a more flexible approach to reflect individual circumstances. and on new trends and patterns of criminal activity.

ANNEXURES Annexure A: Model Account Application Form for Individual Accounts ACCOUNT APPLICATION FORM – INDIVIDUAL ACCOUNT I / We apply to open account(s) with ………………………. (the “Bank”) in the currency(s) mentioned below./Mrs. (Please Specify) : Father’s /Husband’s Name : ----------------------------------------------. (Please Specify) : ---------------------------------: -------------------------------------------------------------------: ----------------------------------------------------------------------------: Married Single Other./Ms./Dr.Passport No : -------------------51 . [Please tick ( √ ) appropriately] I / We hereby request the opening of an account with …………………………. Capacity : Account Category Single Current Account Joint Savings Account Fixed Deposit Account Other. I / We hereby confirm that I / We have gone through the Bank’s Individual Account Conditions which I / We accept entirely and agree to be bound by such terms and conditions as amended and supplemented from time to time. (Please Specify) :--------------------------------------------Account Currency Bangladesh Taka United States Dollars Other Foreign Currency./Other...in the following manner. I / We agree to provide any document requested by the Bank according to the type of Account(s) applied. (Please Specify):------------------------------Customer Type Resident Bangladesh National Foreign National Resident in Bangladesh Non-Resident Non- Resident in Bangladesh Account Title (Please Specify) : -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------CUSTOMER INFORMATION – PRIMARY APPLICANT Name Mother’s Name Marital Status Date of Birth : Mr.

Income (Per month):-----------: -------------------------------------------------------------------------------------- Employer’s Address : -------------------------------------------------------------------------------------Contact Details: Telephone (Home) : --------------------.Nationality Permanent Address : ----------------------------------------------..Telephone (Office) : --------------------Telephone (Mobile) : ------------------./Other..TIN : -----------------------------: -------------------------------------------------------------------------------------: ----------------------------------------------------------------------------: ----------------------------------------------------------------------------- : ----------------------------------------------.E-mail : --------------------------: ----------------------------------------------------------------------------(1) CUSTOMER INFORMATION – JOINT APPLICANT Name : Mr.Passport No : -------------------: ----------------------------------------------.E-mail : -------------------------------------------------------Existing Banker Signature(s) of Customer(s) Primary Applicant Name Date : ----------------------------------------------------------------------------- Joint Applicant Name Date 52 Joint Applicant Name Date . (Please Specify) : : ----------------------------------------------. (Please Specify) : ---------------------------------------------------Father’s / Husband’s Name Mother’s Name Marital Status Date of Birth Nationality Permanent Address Mailing Address (if different from above) Occupation Employer : : -------------------------------------------------------------------: ----------------------------------------------------------------------------Married Single Other./Mrs.Telephone (Office) : -----------: Telephone (Mobile) : ------------------.Income (Per month):-----------: -------------------------------------------------------------------------------------- Employer’s Address : -------------------------------------------------------------------------------------Contact Details Existing Banker -------------------------------------------------------------------------------------: Telephone (Home) : --------------------./Ms./Dr.TIN : -----------------------------: -------------------------------------------------------------------------------------: ----------------------------------------------------------------------------: ----------------------------------------------------------------------------- Mailing Address (if different from above) Occupation Employer : ----------------------------------------------.

: Address : For Bank Use Only Initial Deposit Account Number Date Category A .Approver 53 .Approver Category B .Introduced by : Name : Signature : Account No.

We agree to provide any document requested by the Bank according to the type of Account(s) applied. (Please specify): -------------------------------------------------------------- 54 . (Please Specify):------------------------------Customer Type Limited Liability Company Incorporated in Bangladesh Limited Liability Company Incorporated Overseas Sole Proprietorship Partnership NGO / Unincor porated Association Other.Annexure B: Model Account Application Form for Corporate Accounts ACCOUNT APPLICATION FORM – CORPORATE ACCOUNT We apply to open account(s) with ………………………. [Please tick ( √ ) appropriately] We hereby request opening of account(s) with ………………………….. Residency Account Category Resident Current Account Fixed Deposit Account Non-Resident Convertible Account Special Notice Deposit Account Other.. (Please Specify):---------------------------------------------------Account Currency Bangladesh Taka United States Dollars Other Foreign Currency. (Please Specify): ----------------------------------------------------Account Title (Please Specify) : --------------------------------------------------------------------------TAX INFORMATION [Applicable for Fixed Deposit(s) / Short Notice Deposit Account(s) Tax Not Exempt Tax Exempt Enclosed) Tax Identification Number : -------------------------------------------------Approval Dated : ------------------------------------------------------(Copy DEPOSIT INFORMATION [Applicable for Fixed Deposits(s) Title of the Deposit : ------------------------------------------------------------------------------------Amount : (in words):---------------------------------------------------------------(in figures):---------------------------------------------------Interest Rate : ------------------(%) Tenor Deposit by Three Month Cash Cheque Number -----------------------------------------dated------------drawn on Six Month Twelve Month Other. We hereby confirm receipt of the Bank’s Account Conditions which we accept entirely. (the “Bank”) in the currency(s) mentioned below.

: For Bank Use Only Name Title Signature : Address : Initial Deposit Account Number Date Category A .Approver Category B – Approver 55 .----with you Renew principal Only and mail your cheque for the Interest to our address Mail your cheque for the principal & Interest together to our address------------------------Renew principal Only and mail your cheque for the Interest to our Account Number-----------------------------------------------------with------------------------------------------------(Bank Name) Mail your cheque for the principal & Interest to our Account Number----------------------with -----------------------------------------------------------------------------------.(Bank Name) Authorized Signature(s) of the Custom with the Company Seal er Signature Signature Name Title Introduced by : Name : Account No.-------------------------------------------------------------------------(Bank Name) We authorize you to debit our Account Number ----------------------with you DEPOSIT INFORMATION Maturity Instructions : Credit principal and interest to our Account Number----------------------------------with you Renew principal Only and credit interest to our Account Number----------------.

Annexure C: Model Transaction Profile Transaction Profile Bank Products Required No. of Transactions (monthly) Maximum Size (per Transaction) Total (monthly) Value Outgoing FCY Transfers Outgoing LCY Transfers Drafts / Travelers Checks Cash Withdrawals Check Payment Pay Link Payments FX Products MM Products (Deposits) Letters of Credit Guarantees Loan Facilities Investment Transactions Payroll Cards Other (Specify) / Expected Sources of Funds Incoming FCY Transfers Incoming LCY Transfers Cash Deposits Check Deposits Cash Collection Outstation Cash Collections Outstation Check Collections FCY Check Collections Export Proceeds Other (Specify) Note: Please use additional sheets if required I/We. hereby confirm that this Transaction Profile truly represents the transactions arising out of the normal course of business of our organization. the undersigned. if necessary. Signature Signature 56 . I/We also confirm to revise our Transact Profile. from time to time.

Name Title Date Name Title Date 57 .

Original Passport/ID sighted & photocopy obtained. What does the Customer Do? Risk level High High High High High High High High Category Jewelry /Gems trade Money transmitters/changers Real Estate Agents Construction promoters of projects Offshore Corporation Art/antique dealers Restaurant/Bar/casino/night club owners Traders with a turnover of more than 1 crore per annum Rating 5 5 5 5 5 5 5 4 58 . ……………………………………………………………………………… ……………………………………………………………………………… ………………. Who is the actual owner of the account (i. 3. Describe how the source of funds have been verified and confirmation of whether or not the levels.e.……………………………………………… 4. obtain deferral) YES NO For non-resident & foreigners ensure the reason for opening the account in Bangladesh (i. why not in the country of residence/ origin ) Type of visa (Resident / Work) ………………………………………………………………….Annexure D: KYC Profile Form Customer/Account Name: Account or Reference Number: Name of Account Officer/Relationship Manager/ Officer Opening the Account : Source of funds and nature of business What is the nature of the business relationship and source of funds. types of amounts of transactions are comme nsurate with nature of the business described when the relationship was established. account holder acting as an agent/trustee )? ……………………………………………………………………………… …………………………………………………………………… 2.e. (If no. 1.

Lacs) 0 . Expected Number of transactions on a monthly basis Number for SA 0 . Expected Value of Cash Transactions on a monthly basis CA Value (Tk. Lacs) 0 -5 5 . Lac) for SA Risk level Risk rating Value for (Tk. How was the a/c opened? Risk level Low Medium High High Risk rating 0 1 3 3 Mode RM/Affiliate DSA Internet Walk-in / Unsolicited 7. CA Value for (Tk. Lacs) 59 .20 > 20 SA Risk level Low Medium High Risk rating 0 1 3 Value for (Tk. Expected Value of transactions on a monthly basis. What is the net worth / sales turnover of the customer? Risk level Low Medium High Risk rating 0 1 3 Amount ( Tk.10 10 – 50 > 50 8.50 > 50 Risk level Low Medium High Risk rating 0 1 3 Number for CA 0 – 100 101 – 250 > 250 9. Franchisees Small trader (turnover less than 50 lacs per annum) Software business Manufacturers (other than arms) Retired from service Service Self employed professiona ls Operations in multiple locations Corporate Customers of Repute (irrespective of the category) High High High High High Medium Medium Low Low Low Low Low Low Low Low Low High Low 5 5 5 5 4 3 3 2 2 2 2 1 1 0 0 2 5 2 5.20 21 . ) 1-50 Lacs 50 L – 200 L > 2 crores 6.Import/Export agents Cash Intensive business (cash deposit > 25 lacs in a month) Share & Stock broker Finance Companies (NBFI) Travel agents Transport Operators Auto dealers (used/ reconditioned cars) Auto Primary(new car) Shop owner (retail) Business – Agents.

25 > 25 (Tk. Expected Number of Cash Transactions on a monthly basis Number for CA 0 .(Tk.30 > 30 Number for SA 0.2 3 . 50 Lacs for 3 consecutive months 60 . Lac) 0.15 15 . 50 Lacs ( initial means within One month of A/c opening) b) Existing customers whose total AUM (Asset under Management) grow to > Tk.10 > 10 Risk level Low Medium High Risk rating 0 1 3 Overall Risk Assessment: Risk rating >=14 <14 Risk assessment high low Comments: ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… …………………………………………………… Account Officer/RM’s Signature: Special Approvals obtained: Approver’s Signature: Approver’s Signature: ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… ………………………………………………………………………… Complete the profile form for high net worth customers falling under the following criterion: a) New Customers whose initial deposit is more than Tk.5 6 .7 > 7 Low Medium High 0 1 3 10. Lacs) 0 – 10 11 .

royalties and patents etc. Investments – Someone who buys and sells assets of any type: real estate. engineer. Notes of Face-to-face meeting with customers. accountants and sports professional etc. Physician. Prepared by: Account Officer/ Relationship Manager Reviewed by: Branch Manager/Branch Operations Head Name: Date: Name: Date: 61 . APPENDIX I A. lawyer. C. companies.List of Questions to be used when obtaining source of wealth KYC REQUIREMENT FOR HIGH NET WORTH CUSTOMERS. Annual Review of Customer Profile Profession – E.g. Source of Wealth Type of source of wealth: r Business ownership r Profession * Instructions: r r Top executive Investments * r r Inheritance Other Please refer to the list of questions to be used when obtaining source of wealth You may need to choose more than one category for a business owner with inherited wealth B. securities.

How much was inherited? . bonds. manufacturer.Number of locations? . securities.Percent ownership for a business that is inherited Wealth Generated From a Profession (Physician. finance..Geographic trade areas of business . professional sports... dentist.Names of other owners or partners? .What do they currently invest in? (for example.Estimate of compensation? .Estimated net income? . including area of specialty (ex: arts ...Note: This form must be renewed every year List of Questions to be used when obtaining source of wealth Wealth Generated From Business Ownership .Position held (for example.Inherited from whom? .Estimated sales volume? . invested in shares.Number of employees .) .. etc. CFO) ..singer.Client's past experience (for example. CFO at another company. engineer.Significant revenues from government contract or licenses? Wealth Derived From Being a Top Executive . Dr.When were the assets inherited? .Where did the source of wealth come from? (example. President.Other owners or partners (yes/no)? . real estate. construction .) . company trusts..How was the business established? .Area of expertise (for example..Estimate of income Wealth Generated From Investments ...engineer) .Estimated net worth? .What is the profession.Publicly or privately owned? .Length of time with company? . production.) 62 . service..) .) Primary Source of Wealth was Through Inheritance .What does the company do? (for example.Percent owned by other owners or partners? .What kind of company? . etc. stock market.In what business was the wealth generated? . running a clinic.. entertainer.Type of asset inherited (for example: land.) .Other family members in business? .How long in business? .Percent of ownership? .. lawyer.) .Description and nature of the business and its operations .) .Ownership type: private or public? .Source of wealth (Ex: lawyer who derived wealth from real estate.

How long has the client been an investor? 63 . buy companies.Cite notable public transactions if any . middle man) .What is the client's role in transaction (ex: takes positions.What is the size of the investment? ..Estimated annual income/capital appreciation? .

Name Designation Father’s Name Mother’s Name Date of birth Present Address Nationality TIN Permanent Address We certify that information provided above is true and correct. Sincerely ………………………………………………. Chairman/ Secretary (Name & Seal) (Company Stamp) 64 . as Photo Identification document.Annexure E: Identification of Directors & Authorised Signatorie s (Company letterhead) The Manager (Name & Address of Financial Institution) Sub: Date: ………………… Identification of Directors & Authorized signatories This is to introduce the following directors of the company & authorized signatories of the account(s) of the company maintained with your bank. Please treat this letter together with duly attested photographs of the above individuals attached herewith on separate sheet.

Annexure F: Explanation to Walk-in / One -off Customers The AML Circular # 2 requires us to obtain satisfactory evidence of identification of applicants who do not maintain accounts with us for conducting one off transactions. You are therefore kindly requested to provide the following details. before this transaction may proceed. together with appropriate documentary evidence. NAME Date of birth Father’s Name ADDRESS Nationality Mother’s Name Other Identification (ID Card number. 65 . Passport details etc) Value of Transaction Date Signed Note: This is an example document which institutions who are regularly engaged in one-off transactions may care to adapt to their own requirements for obtaining verification of identity in accordance with the regulations. Thank you for your co-operation.

are denominated by cash rather than the forms of debit and credit normally associated with commercial operations (e. bankers drafts. Accounts • Customers who wish to maintain a numbe r of trustee or client accounts which do not appear consistent with the type of business. • Company accounts whose transactions. • Large cash deposits using ATM facilities.g. • Customers transferring large sums of money to or from other locations with instructions for payment in cash. but the total of all the credits is significant. • Customers who constantly pay in or deposit cash to cover requests for payment order. (Head Office statistics detect aberrations in cash transactions. Bills of Exchange. Letters of Credit. etc. money transfers or other negotiable and readily marketable money instruments. • Customers who deposit cash by means of numerous credit slips so that the total of each deposit is unremarkable. 66 . both deposits and withdrawals. • Substantial increases in cash deposits of any individual or business without apparent cause. • Branches that have a great deal more cash transactions than usual.). thereby avoiding direct contact with bank or building society staff. • Customers who seek to exchange large quantities of low denomination notes for those of higher denomination.Annexure G: Examples of Potentially Suspicious Transactions Financial Institutions may wish to make additional enquiries in the following circumstances BANKING TRANSACTIONS Cash transactions • Unusually large cash deposits made by an individual or company whose ostensible business activities would normally be generated by cheques and other instruments. especially if such deposits are subsequently transferred within a short period out of the account and/or to a destination not normally associated with the customer.) • Customers whose deposits contain counterfeit notes or forged instruments. cheques. including transactions which involve nominee names.

• Reluctance or refusal to provide business financial statements. • Paying in large third party cheques endorsed in favor of the customer. • Customer’s reluctance or refusal to disclose other banking relationships. especially if the deposits are promptly transferred between other client company and trust accounts.g. providing minimal or fictitious information or. • Companies’ representatives avoiding contact with the branch. a substantial increase in turnover on an account). • Customers who appear to have accounts with several financial institutions within the same locality. using client accounts or in-house company or trust accounts. • Matching of payments out with credits paid in by cash on the same or previous day. when applying to open an account. and simultaneously. 67 . • Substantial increases in deposits of cash or negotiable instruments by a professional firm or company. • Any individual or company whose account shows virtually no normal personal banking or business related activities. • Greater use of safe deposit facilities. Increased activity by individuals. The use of sealed packets deposited and withdrawn. especially whe n the bank is aware of a regular consolidation process from such accounts prior to a request for onward transmission of the funds. use separate tellers to conduct large cash transactions or foreign exchange transactions. or from an account which has just received an unexpected large credit from abroad. but is used to receive or disburse large sums which have no obvious purpose or relationship to the account holder and/or his business (e. • Home address or business location is far removed from the Branch where the account is being opened and the purpose of maintaining an account at your Branch cannot be adequately explained. providing informa tion that is difficult or expensive for the financial institution to verify. • A visit to the place of business does not result in a comfortable feeling that the business is in the business they claim to be in. • Customers who together. • Large cash withdrawals from a previously dormant/inactive account. • Information provided by the customer in the Transaction Profile does not make sense for the customer’s business.• Customers who have numerous accounts and pay in amounts of cash to each of them in circumstances in which the total of credits would be a large amount. • Reluctance to provide normal information when opening an account.

including wire transactions. • Frequent requests for TCs. Institution employees and agents • Changes in employee characteristics. proscribed terrorist organizations. e. particularly if originating from overseas. processing or marketing of drugs.g.g. • Building up of large balances. the salesman selling products for cash have a remarkable or unexpected increase in performance. • Customers who make regular and large payments. • Insufficient use of normal banking facilities. e. • Large number of individuals making payments into the same account without an adequate explanation. [tax haven countries]. or receive regular and large payments from: countries which are commonly associated with the production.• Customers who show an apparent disregard for accounts offering more favorable terms • Customers who decline to provide information that in normal circumstances would make the customer eligible for credit or for other banking services that would be regarded as valuable. 68 . • Any dealing with an agent where the identity of the ultimate beneficiary or counterpart is undisclosed. • Frequent paying in of TCs or foreign currency drafts. • Use of Letters of Credit and other methods of trade finance to move money between countries where such trade is not consistent with the customer’s usual business. that cannot be clearly identified as bona fide transactions to. • Customers who show apparent disregard for arrangements offering more favorable terms. lavish life styles or avoiding taking holidays. and subsequent transfer to account(s) held in other locations. • Changes in employee or agent performance. e. not consistent with the known turnover of the customer’s business. affiliate or other bank based in countries where production of drugs or drug trafficking may be prevalent. • Unexplained electronic fund transfers by customers on an in and out basis or without passing through an account. avoidance of high interest rate facilities for large balances. foreign currency drafts or other negotiable instrume nts to be issued. contrary to normal procedure for the type of business concerned. International banking/trade finance • Customer introduced by an overseas branch.g.

• A corporate/trust client where there are difficulties and delays in obtaining copies of the accounts or other documents of incorporation. • Any transaction in which the counterparty to the transaction is unknown. affiliate or other investor. • Request by a customer for a financial institution to provide or arrange finance where the source of the custome r’s financial contribution to a deal is unclear. when both investor and introducer are based in countries where production of drugs or drug trafficking may be prevalent. • Customers who unexpectedly repay in part or full a mortgage or other loan in a way inconsistent with their earnings capacity or asset base. 69 . where the origin of the assets is not known or the assets are inconsistent with the customer’s standing. • Buying and selling of a security with no discernible purpose or in circumstances which appear unusual. e.Secured and unsecured lending • Customers who repay problem loans unexpectedly. • A client with no discernible reason for using the firm’s service. e. Dealing patterns and abnormal transactions Dealing patterns • A large number of security transactions across a number of jurisdictions. the financial markets in which the investor is active and the business which the investor operates.g. MERCHANT BANKING BUSINESS New business • A personal client for whom verification of identity proves unusually difficult and who is reluctant to provide details. • Transactions not in keeping with the investor’s normal activity. clients whose requirements are not in the normal pattern of the institution’s business and could be more easily serviced elsewhere.g. • An investor introduced by an ove rseas bank. churning at the client’s request. particularly where property is involved. • Request to borrow against assets held by the financial institution or a third party.

Disposition • Payment to a third party without any apparent connection with the investor. the proce eds being credited to an account different from the original account. each purchased for cash and then sold in one transaction. • Bearer securities held outside a recognized custodial system. the signatory and the prospective investor. • Abnormal settlement instructions including payment to apparently unconnected parties. e. • Allotment letters for new issues in the name of persons other than the client. 70 .g. or at off.g. must give rise to additional enquiries. especially where cash had been tendered and/or the refund cheque is to a third party. • Transactions not in keeping with normal practice in the market to which they relate. Abnormal transactions • A number of transactions by the same counterparty in small amounts of the same security. each purchased for cash and then sold in one transaction. Delivery • Settlement to be made by way of bearer securities from outside a recognized clearing system. • Payment by way of third party cheque or money transfer where there is a variation between the account holder.market prices. or early cancellation. Settlements Payment • A number of transactions by the same counterparty in small amounts of the same security. with the proceeds used to purchase high grad e securities. • Any transaction in which the nature. • Large transaction settlement by cash. early termination of packaged products at a loss due to front end loading. • Other transactions linked to the transaction in question which could be designed to disguise money and divert it into other forms or to other destinations or beneficiaries. with reference to market size and frequency.• Low grade securities purchases and sales. size or frequency appears unusual. e. • Settlement either by registration or delivery of securities to be made to an unverified third party.

Customer/ Business Name Account Number(s) Transaction Date(s) Copies of Transactions and Account Details Attached Description of Transaction(s). Please provide full details of the transaction(s) and any other relevant data. try to tactfully ask the customer) Reasons why you think the transaction is suspicious ( ive as much details as G possible) Signatures of Bank Staff. Origin & destination of Transaction etc) Source of Funds and Purpose of Transaction (If you can. please contact AMLCO. Note: This form may be completed in English. TO BE COMPLETED BY AMLCO.Annexure H: Internal Suspicious Activity Report Form Strictly Private & confidential To Anti Money Laundering Compliance Officer Date: From Name (Mr. (Nature of transaction. Attach copies of relevant documents/transaction notes. 71 . For any queries./ Ms) Job Title Branch/Department SAR Ref No.

Yes/No AGREED SUSPICIOUS. 72 .ACTION TAKEN TO VALIDATE • • • • Acknowledgement sent to the originator on ____________. COMMENTS / NOTES OF AMLCO Signature AMLCO Date. Reviewed account documentation Discuss with the relationship manager/ branch manager. Other.

those not conforming to usual parameters)? Do all members of staff know the identity of their Anti Money Laundering Compliance Officer (AMLCO)? Are your systems capable of providing the AMLCO will all the information required for the Annual Management Report? Do you thoroughly check and verify the identity of all your clients? Do you have client accounts in the name of fictitious persons/ entities? 73 .Annexure I: Internal Control Checklist Yes No Have you carried out a review of processes in your business to identify where money laundering is most likely to occur? Is this review regularly updated? Have you established procedures and controls to prevent or detect money laundering? Is the effectiveness of such controls tested? Do online or electronic transactions circumvent these controls? Do you have a comprehensive written policy on money laundering? Is all staff aware of this policy? Does your money laundering policy include clear guidelines on accepting corporate hospitality and gifts? Is all staff aware of their responsibilities with regard to money laundering? Do they receive regular money laundering training? Are all members of staff sufficiently capable of identifying suspicious transactions? Are your systems capable of highlighting suspicious transactions (i.e.

Do you know the identity of the beneficial owner of all your corporate clients? Is this identity verified? Are all suspicious transactions reported to Bangladesh Bank? 74 .

Definition. 1972 (P. Supremacy of the Act. (Aa) Illegal transfer. (Na) “High Court” means the High Court Division of the Supreme Court 3.-(1) This Act will be called as ‘Money Laundering Protirodh (Prevention) Ain (Act). the provisions of this Act will remain in force. Short Title and Introduction. it is enacted as under : First Chapter Introduction 1.-27of 1993).Not withstanding whatever may contain in any other Act in force. No. conversion. (Cha) “ Court of Session” means Court of Session mentioned in Section 6 of Code of Criminal Procedure. 127 of 1972. (Jha) “Rule” means rule prepared under this Act.O. (Chaa) “Determined” means determined by rules. Therefore. (Eionh) “Bangladesh Bank” means Bangladesh Bank established under the Bangladesh Bank Order. 2002 (2) This Act will be in force on the date to be fixed through Government Gazette. (Ta) “Bank” means the Bank Company defined by Section 5(Na) of Bank Company Ain (Act). in this Act(Ka) “ Illegal means” will mean any means which is not recognized by any Act. In case of any dispute the official Bangla versions of the Acts shall prevail).. (Dha) “Supreme Court” means Bangladesh Supreme Court constituted under Paragraph 94 of the Constitution of the People’s Republic of Bangladesh. (Tha) “Money Laundering” means (Au) Properties acquired or earned directly or indirectly through illegal means..If nothing is contrary to the subject and reference. concealment of location or assistance in the above act of the properties acquired or earned directly of indirectly through legal or illegal means. Strikethrough words mean that these were removed while those in italic mean that these were inserted by the amendment. (Ja) “Code of Criminal Procedure” means Code of Criminal Procedure. 1908 (Act V of 1908).7 of 2002) Whereas it is just and necessary to prepare rules with a view to preventing money laundering. 3 of 2003). 1898 (Act V of 1898). (Ga) “Court” means Money Laundering Court”.Annexure J: (The following is an English translation of the Act and incorporates its amendment (Act No. (Kha) “Crime” means any crime under this Act. (Gha) Financial Institution” means financial institution defined under Section 2 (Kha) of Financial Institution Act. 2002 (Act No.1993 (Act No. Money Laundering Prevention Act. Rules or Regulations. (Da) “Properties” means movable or immovable properties of any nature and description. 1991 (Act No. 14 of 1991). (Umah) “Code of Civil Procedure” means Code of Civil Procedure. 2. 75 .

financial institutions and other institutions engaged in financial activities about any matter connected with money laundering. (1) In order to fulfill the objective of this Act all Courts of Sessions will be regarded as Money Laundering Court and all Session Judges will be the justice of Money Laundering Court. (2) If the crime under other Act is associated with the crime under another Act in such a manner that in order to dispense justice it is necessary to proceed for trial for the both crimes together or cases are to be instituted together.Second Chapter Responsibility and power of Bangladesh Bank in preventing Money Laundering 4 . (Ga) To invite statement from the banks. (Kha) Observe and supervise the activities of banks. Responsibility of Bangladesh Bank in preventing Money Laundering.. (1) The Court will be able to impose the prescribed punishment for the crime committed under this Act and in applicable cases pass other orders including order for enquiry. fine and compensation. Power of enquiry. 5 . (Cha) To perform other work in fulfillment of the objective of this Act. (2) Session Judge will settle all cases under this Act himself or he can send the case to any Additional Session Judge under him for settlement. 7. But the condition is this that if money laundering is associated with the schedule of crimes under such Act which is imprisonable for a period less than three years the same will not be treated as a punishment under this A ct.The responsibility of Bangladesh Bank will be to prevent and resist crime of money laundering and for resisting such criminal activities – (Ka) To conduct enquiry about the crime of money laundering. then trial for the crime committed under this Act can be done at the same time under other Act in the same Court. Establishment of Money Laundering Court. Jurisdiction of the Court. Third Chapter Money Laundering Court 6. —(1) Bangladesh Bank or any person authorized by Bangladesh Bank can enquire into the crime committed under this Act and other related issues and for such enquiry if it is required to enter in to any place the same can be done after following the required system. financial institutions and other financial institutions engaged in financial activities. etc. (Gha) Examination of the statement received under (Ga) above and taking of proper action accordingly. confinement. seizure. financial institutions and other institutions engaged in financial activities. (Umah) To give training to the staff/officer of the bank. (2) In case of enquiry in to a matter the power which an Officer in Charge of a Police Station can exercise under the Code of Civil Procedure Bangladesh Bank or any person authorized by Bangladesh Bank will be able to exercise the same power while enquiring into the crime committed under this Act. 76 .

. name of father and mother. seizure. judgment or punishment imposed by the Court will be able to appeal in the High Court within 30 days of the date of the such order. (2) If the Freezing Order is issued as per Sub -section (1) above (Ka) The Court will publish it in the form of Notification in the Bangladesh Gazette and national daily for information of general public. provisions of the Code of Civil and Criminal Procedures will be applicable as the case may be in case of filing of complain. trial and settlement for the crimes under this Act. designation. no accused or punishable person will be released on bail. Appeal. (4) If the bank account of the accused is under Freezing Order.Whatever different may exist in the Code of Civil and Criminal Procedures.Whatever different may exist in the Code of Criminal Procedures. (1) Notwithstanding what is contained in any other laws all crimes under this Act will be cognizable for trial under this Act. (Kha)The concerned property will in no way can be transferred or the concerned property can not be made encumbered. (3) In the Freezing Order under this Section. if nothing contrary is mentioned in the above Order. 12. decree or punishment order. attachment of property. all receivables of the accused will be credited in the frozen bank account. (3) The Court will be able to order the enquiry officer to do further enquiry on the crime of the cases under trial and in such cases the Court will be able to fix up time limit for submission of the above enquiry report. (Kha) The Court is satisfied that there is reasonable ground to adjust him guilty on the charges brought against him. 10. Freezing of the property.-. 12. or (Ga) The Court is satisfied that the justice will not be hindered if he is released on bail. etc.----.-(1) If nothing otherwise exists in this Act. (2) All crimes under this Act will be Non-bailable. the name of the accused. Application of Code of Civil and Criminal Procedure. judgment or punishment.8.----. profession etc should be mentioned as far as possible.On the basis of written application from Bangladesh Bank or any person authorized by Bangladesh Bank the Court will issue legal seizure of property to this effect that the property of the accused in whatever condition it may remain will be banned from sale or transfer. (2) Person conducting cases in the Court on behalf of the complainant will be called as Public Prosecutor. 9. decree or punishment imposed by the Court will be able to appeal in the High Court within 30 days of the date of the above order. the party aggrieved by order.-. Acceptance of the crime for trial etc. judgment. Appeal. (3) Subject to other provisions of this Act. Legal seizure of property. 77 . judgment. enquiry.(1) On the basis of written application of Bangladesh Bank or person authorized by Bangladesh Bank the Court will issue Freezing Order for the properties of the person who is accused under this Act. the aggrieved party aggrieved by order. if-(Ka) no opportunity is given to the complainant party on the application for releasing him on bail. address. 11.

(1) If any person violates the seizure order under Section 10 he will be imprisoned for at least one year maximum or fined for at least Taka ten thousand maximum or he may be punished with both. . Punishment for divulgation of information.Fourth Chapter Crime and Punishment 13.(1) No person will express his unwillingness without any reasonable ground to assist the enquiry officer in his enquiry activities under this Act. . it should preserve the correct and full information of all of its clients and in the event of closing of transactions it should preserve records of transactions for at least five years from the date of closure.—(1) The government may enter in to agreement with any foreign country in order to fulfill the objective of this Act. 78 14 15 16 17. the government will declare the name of such country as the 'country under agreement' in order to fulfill the objective of this Act by Notification in the Government Gazette.. (2) If any person violates the provision of Sub-section (1) he will be imprisoned for at least one year maximum or fined for at least Taka ten thousand maximum or he may be punished with both. (2) If any person violates the provision of Sub-section (1) he will be imprisoned for at least one year maximum or fined for at least Taka ten thousand maximum or he may be punished with both Fifth Chapte r Miscellaneous 18.(1) If any person violates the Freezing Order under Section 11 he will be imprisoned for at least one year maximum or fined for at least Taka five thousand maximum or he may be punished with both. Punishment for violation of seizure order. . – (1) No person will obstruct the enquiry or divulge information relating to enquiry or relevant other information to other person with a view to casting adverse influence on the enquiry. (2) If any agreement is entered into with a foreign country under Sub-section (1) above. financial institutions and other institutions engaged in financial activities— (Ka) As a client of it . Punishment for obstruction in enquiry. (Kha) Will provide the records so preserved as per Sub -section (Ka) above to Bangladesh Bank from time to time on demand. (Ga) Information regarding abnormal transactions and doubtful transactions which are likely to be related to money laundering should be informed to Bangladesh Bank. 19 Responsibility of the banks. financial institutions and other institutions engaged in financial activities in preventing and identifying money laundering—(1) In checking and identifying money laundering banks. Punishment for Money Laundering ----(1) If any person is engaged in Money Laundering in any way he will be regarded as a person who has committed a crime. Agreement with the Foreign Country. (2) The concerned accused for the crime mentioned in Sub-section (1) will be sentenced to imprisonment for at least a period of six months and a maximum of seven years and will be fined for an amount not exceeding double the amount involved in the crime. Punishment for violation of the Freezing Order.

secretary or any other officer or employee or representative of the company has violated the provision : But the condition is this that the concerned person will not be responsible for the violation if he can prove that the above violation has been done beyond his knowledge or he has failed to check the violation despite his best effort. manager.(2) 20. (Kha) Arms Act. 11 of 2002). financial institution and other institution engaged in financial activities as per their own rule or provision. Bangladesh Bank will determine th information to be preserved as per Sub-section e (1) and issue Circular or Gazette Notification from time to time. Explanation :. Power to frame rules. financial institution and other institutions engaged in financial activities so that the concerned authority can take proper action for negligence and failure against the concerned bank. -7 of 2000). (Cha) Madak Drabwa Niatran Ain (Drugs Control Act). 2002.—Government by Notification in Government Gazette will be able to frame rules in order to fulfill the objective of this Act. Association or institution formed with one or more than one person. statutory b ody. (Kha) “Director” will mean any partner or member of the Board of Director in whatever name it is called. (Crimes obstructing law & order (speedy trial) Act). (Gha) Anti-Corruption Act. director. (Act No. (4) Whatever may contain in Sub-section (3). 2000 (Act No. 1974 (XIV of 1974). (Umah) Special Power Act. Crime committed by the Company etc. 20 of 1990). 1860 (XLV of 1860). (Jha) Aain-sringkhola Bighnokari Aporadh (Druto Bichar) Aain.—(1) If the violator of any provision of this Act is a company. (2) Registration of the company which is engaged in money laundering directly or indirectly will be liable to be cancelled. partnership concern. [ Reference . (Ja) Nari O Shishu Nirjatan Daman Ain (Women and Children Oppression Prevention Act). Bangladesh Bank will be able to impose fine up to a maximum of Taka one lac and a minimum of Taka ten thousand to the defaulting bank. (3) In the event of failure of providing and preserving the information as mentioned in Sub-section (1) Bangladesh Bank will inform the licensing authority of the defaulting bank. it will be regarded that each proprietor. financial institution and other institution engaged in financial activities for failure to preserve and supply information as mentioned in Sun-section (3) and also for negligence. 1957 (XXVI of 1957). Schedule 21.In this section— (Ka) “Company” will mean any company. 79 . (Chaa) Jana Nirapatra (Bishesh Bidhan)Ain [Public Safety( Special power) Act]. 1878 (XL of 1878) (Ga) Foreign Exchange Regulation Act. 1990 (Act No.-8 of 2000). 1947 (VII of 1947). 2000 (Act No.conditions of Section 7(2)] (Ka) Penal Code.

Bˆüàáÿ ϳŸá‰¼ èŒïàNàéÿŠϳŸÿ A©¼ä•öN¼ƒ AàŸâ½ fˆã •î A• üà» AŸ¼à• I ÿš 2 2 3 4 4 5 5 5 6 6 6 7 13| 14| 15| 16| 17| ±àᘠ½šàá¼K G¼ ÅàáÓò èŒïàNàéÿÅ ½Ka阼 ÅàáÓò A©¼ä•öN¼ƒ AàéÿÅ ½Ka阼 ÅàáÓò ˆ•ü ¥MàÏN¼éƒ¼ ÅàáÓò ˆÿé›ò ©à•à è ÿI»à¼ ÅàáÓò 8 8 8 8 8 Ÿq± A•üà» á©á©• 18| á©éÿÅâ ¼àéÊý¼ ÏáÚˆ fãáIï 19| ±àᘠ½šàá¼K Ÿýáˆé¼à• I ϘàIïN¼éƒ ©üàKN.Annexure K: •à¼à Ïåfâ á©È» Ÿý• ± A • üà» Ÿýà¼á³úN ŸçËà 1| ÏKáT¢ áÅé¼à˜à± I Ÿý©ˆî˜ 2| ÏKmà 3| AàB阼 Ÿýà•à˜ü áÿˆâ» A•üà» ù ±àᘠ½šàá¼K Ÿýáˆé¼àé• ©àK½àéÿÅ ©üàKéN¼ ÿàỈù I T±ˆà ©àK½àéÿ 4| ±àᘠ½šàá¼K Ÿýáˆé¼àé• ©àK½àéÿÅ ©üàKéN¼ ÿàỈù 5| ˆÿé›ò¼ T±ˆà. Bˆüàáÿ ˆçˆâ» A•üà» ±àᘠ½šàá¼K Aàÿ཈ Aàÿ 6| 7| 8| 9| 10| 11| 12| ±àᘠ½šàá¼K Aàÿ཈ ŸýáˆËà Aàÿà½éˆ¼ GXሻ༠AŸ¼à• á©fà¼à•î YýÚƒ. Bˆüàáÿ èÿI»à˜â Nàºîá©á• I è¥ìjÿà¼â Nàºîá©á•¼ Ÿýé»àY.Aàá•îN ŸýáˆËà˜ G©K Aàá•îN N±îN àéš¼ ÏáÚˆ jázˆ A˜üà˜ü ÏKÓÚ༠ÿà»-ÿàỈù 20| èN೟à˜â Bˆüàáÿ NˆîN AŸ¼à• ÏKau˜ ç 21| á©á• Ÿýƒ»é˜¼ T±ˆà ˆ¥áϽ 9 9 10 10 11 80 .

2002 •àNà. 2002 ÏKéÅà•˜Né Ÿýƒâˆ AàB˜ (2003 Ï阼 3 ˜K AàB˜) G¼ •à¼àϱåÚ BÚàéˆ Ïá˜øé©áň ÚB»àéh| ᩽㢠AKÅ Nàuà ATé¼ G©K ˜ˆã˜ ÏKéºàájˆ AKÅ ©MàNà ATé¼ èÿXàé˜à ÚB»àéh)| è¼ájÊàxî ˜K áx G-1 ©àK½àéÿÅ ©àK½àéÿ (±é˜àYýà±) èYéju NˆîŸT NˆîN ŸýNàáň ç ç Aáˆá¼Iï ÏKXüà ¼á©©à¼.2002/24éÅ êfŒ.1408 ÏKÏÿ NˆîN YçÚ∠ᘲá½áXˆ AàB˜áu 5B GáŸý½. 1408) ˆàá¼éX ¼àÊýŸáˆ¼ Ï¸áˆ ç ½à® Ná¼»àéh G©K Gˆÿùà¼à GB AàB˜áu Ï©îÏà•à¼éƒ¼ A©Yሼ j˜ü ŸýNàÅ N¼à ºàBéˆéh L- ©àK½àéÿÅ jàˆâ» ÏKÏÿ ©àK½àéÿ ÏKÏÿ 2002 Ï阼 7˜K AàB˜ ±àᘠ½šàá¼K Ÿýáˆé¼à镼 Dé’éÅü á©•à˜ Ÿýƒ»˜Né Ÿýƒâˆ AàB˜ èºéڈ㠱àᘽšàá¼K Ÿýáˆé¼à镼 Dé’éÅü á©•à˜ Ÿýƒ»˜ N¼à ϱâf☠I Ÿýé»àj˜â».(±àᘠ½šàá¼K Ÿýáˆé¼à• AàB˜. èÏéÚˆã Gˆÿíÿàù ¼à ᘲ¼æŸ AàB˜ N¼à ÚB½L 1 81 . 2002 (22éÅ êfŒ. 7B GáŸý½. GáŸý½ 7.

(o) “á©á•" A•î GB AàB阼 A•â˜ Ÿýƒâˆ á©á•. (h) “ᘕîàἈ" A•î á©á• ÿùà¼à ᘕîàἈ. èºB ˆàá¼X ᘕî༃ Ná¼é© èÏB ˆàá¼éX GB AàB˜ ©½©‡ ÚBé© | 2| ÏKmà | . (w) “±àᘽšàá¼K" A•î- 2 82 . (p) “©àK½àéÿÅ © üàKN" A•î The Bangladesh Bank Order.Ÿý • ± A•üà» A• Ÿýà¼á³úN 1| ÏKáT¢ áÅé¼à˜à± I Ÿý©ˆî˜ |. GB AàBé˜ (N) “Aë©• Ÿ³Úà" A•î GB AàB阼 A•â˜ èNà˜ AŸ¼à•. 2002 ˜àé± Aá®áÚˆ ÚBé© | (2) ϼNà¼. ϼNà¼â èYéjéu ŸýmàŸ˜ ÿùà¼à. 1993 (1993 Ï阼 2 7 ˜K AàB˜) G¼ •à¼à 2 (X)-éˆ ÏKmàỈ Aàá•îN ŸýáˆËà˜. (X) “AŸ¼à•" A•î GB AàB阼 A•â˜ èNà˜ AŸ¼à•.No.(1) GB AàB˜ ±àᘽšàá¼K Ÿýáˆé¼à• AàB˜. 127 of 1972) G¼ A•â˜ ÓÚàៈ Bangladesh Bank. 1908 (Act V of 1908). (Y) “Aàÿ཈" A•î ±àᘽšàá¼K Aàÿ཈ . (u) “©üàKN" A•î ©üàKN èN೟à˜â AàB˜. 1898 (Act V of 1898).O. (f) “ÿ໼à Aàÿ཈" A•î è¥ìjÿà¼â Nàºîá©á•¼ section 6. (b) “éÿI»à˜â Nàºîá©á•" A•îî Code of Civil Procedure. 1991 (1991 Ï阼 14 ˜K AàB˜) G¼ •à¼à 5(ƒ)-éˆ ÏKmàỈ ©üàKN èN೟à˜â.G Dá½þáXˆ Courts of Session. (a) “Aàá•îN ŸýáˆËà˜" A•î Aàá•îN ŸýáˆËà˜ AàB˜.á©È» ©à ŸýÏKéY¼ Ÿá¼Ÿ³Úâ èNà˜ áNhã ˜à •àáNé½. 1972 (P. (j) “é¥ìjÿà¼â Nàºîá©á•" A•î Code of Criminal Procedure.

(•) “ÏãŸýâ ± èNàuî" A•î YƒŸýjàˆ³Œâ ©àK½àé ÿéż ÏKá©•à阼 94 A˜ãéghÿ ÿùà¼à Yáwˆ ©àK½àéÿÅ ÏãŸâý ± èNàuî.(A) Aë©• Ÿ³Úà» ŸýˆüT ©à Ÿé¼àT®àé© AàÚἈ ©à Aájîˆ Ï³Ÿÿ. (x) “ϳŸÿ" A•î èº èNà˜ ŸýNáç ˆ¼ I ©ƒî˜ ༠ÓÚ੼ ©à AÓÚ੼ ϳŸ ÿ. ¼æŸà›ò¼. (ƒ) “ÚàBéNàuî á©®àY" A•î ÏãŸýâ± èNàéuî¼ ÚàBéNàuî á©®àY | 3| AàB阼 Ÿýà•à˜ü |. (Aà) ê©• ©à Aë©• Ÿ³Úà» ŸýˆüT ©à Ÿé¼àT®àé© AàÚἈ ©à Aájîˆ Ï³Ÿéÿ¼ Aë©• Ÿ³Úà» ÚÓòà›ò¼. GB AàB阼 á©•à˜à©½â NàºîN¼ •àáNé© | 3 83 . A©ÓÚà阼 èYàŸ˜N¼ƒ ©à DIï Nàéj ÏÚ່à N¼à.AàŸàˆˆL ©½©‡ A˜ü èNà˜ AàBé˜ ºàÚà áNhãB •àNãN ˜à èN˜.

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1947 (VII of 1947). 2002 (2002 Ï阼 11 ˜K AàB˜)|“ ˆ ¥áϽ Nàjâ ¼áN©D’☠AàÚ±ÿ AàÚ±ÿ Ïáf© 11 91 . ±àÿN ÿý©ü ᘻ³Œƒ AàB˜. 1878 (XL of 1878). 1990 (1990 Ï阼 20 ˜K AàB˜) j˜ á˜¼àŸ‰à (á©éÅÈ á©•à˜) AàB˜. Anti-Corruption Act. 2000 (2000 Ï阼 8˜K AàB˜) |. 1860 (XLV of 1860). AàB˜-ÅçKX½à á©aøNà¼â AŸ¼à• (ÿýäˆ á©fà¼) AàB˜.ý [•à¼à 7(2) G¼ ňîàKÅ ÿÊ©à] (N) (X) (Y) (a) (b) (f) (h) (j) (o) Penal code. 1974 (XIV of 1974). 1957 (XXVI of 1957). 2000 (2000 Ï阼 7 ˜K AàB˜). ˜à¼â I áÅÆ á˜ºîàˆ˜ ÿ±˜ AàB˜. Foreign Exchange Regulation Act. Arms Act. Special Powers Act.