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Nanotechnology and Governance in Bangladesh

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 Nanotechnology and Governance
in Bangladesh
M. L. Palash* and Md. Zahirul Hoque Mozumder**

Abstract

The rapid growth of nanotechnology poses significant environmental and public health
challenges for governments. The risks created by nanomaterials are of a unique nature due of their
size and reactivity. Nanotechnology developments impact many areas, including medicine,
agriculture, food, clothing and cosmetics. Bangladesh does not currently have a nanotechnology
industry, but, because the country imports medicine, cosmetics, and other goods, nanotechnology
based inventions impact Bangladeshi citizens. As such, the government must evaluate its existing
legal framework to address nanotechnology related concerns. This paper reviews existing
Bangladeshi laws and evaluates their compatibility with nano-products. Currently, none the
existing laws and policies adequately address concerns related to nanotechnology based products.
The authors recommend that the Bangladesh government either evaluate the existing framework
or develop a fresh approach to address concerns with nano-products. While nanotechnology will
certainly improve the quality of life, a tailored regulatory approach is required to balance the
benefits of such developments with their potential risks.

I. Introduction

Nanotechnology is regarded as one of the key technologies of the future. Nanotechnology has
already influenced and will continue to influence many industries, including chemical,
pharmaceutical, mechanical engineering, medicine, biotechnology, environmental engineering and
many more. Nanomaterials are physical substances of structural dimensions between 1 and 100
nm. Artificially synthesized nanoparticles and nanoscale system components have novel properties,
which are of immense importance for the development of new products and applications.1 Particles

*M. L. Palash is a member of the Department of Applied Physics, Electronics & Communication Engineering,
University of Dhaka, Dhaka -1000, Bangladesh and may be reached at mlpalash@univdhaka.edu and
+8801719086183.
**Md. Zahirul Hoque Mozumder is a member of the Department of Applied Physics, Electronics &
Communication Engineering, University of Dhaka, Dhaka -1000, Bangladesh and may be reached at
zmozumder@univdhaka.edu and +8801552602647.
1See U.S. Nat’l Nanotech. Initiative, What’s so Special About the Nanoscale?, http://www.nano.gov/nanotech-
101/special (last visited Nov. 30, 2013).

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at the nanoscale change their mechanical, optical, magnetic and electronic properties.2 Such new
properties of materials and substances result from the special properties of surfaces and interfaces
and also from the geometric shape of the material. Nanotechnology is an interdisciplinary science
comprising physics, chemistry, biology, material science and engineering.
Despite the rapid development of nanotechnology research in recent years and an increasing
number of nanotechnology-based products, nanotechnology based inventions raise issues that are
more complex and far-reaching than most other innovations. To date, there is inadequate
knowledge about how exposure to nano-sized particles impacts humans and the environment.3
While scientists continue to research this area, questions regarding safety have yet to be
convincingly addressed. But, these issues are of grave societal importance and scientists should be
continuously pushed to critically evaluate the safety and environmental concerns of
nanotechnology inventions. Moreover, without adequate safety research, the billion dollar
investments in this field may become fruitless if customers reject nano-based products due to
safety concerns.
Governments should carefully regulate nanotechnology based inventions because of the novel—
and potentially harmful—properties of nano materials. For example, governments could require
safety studies and that each development be accompanied by a corresponding risk assessment,
with an aim to identify and avoid potential damages caused by and cost incurred as a result of the
new technology. This approach is very much natural for any new technology. And there exists a dire
need for regulation because innovation in the nanotechnology field has thus far outpaced the policy
and regulatory environment.

II. Nanoproducts Global Market

To date, companies and governments throughout the world have invested billions of dollars to
fund nanotechnology research. According to research undertaken by Cientifica, a United Kingdom
nanotechnology business analysis and consulting firm, in 2011, “[t]he world’s governments
currently spend $10 billion per year on nanotechnology research and development, with that figure
set to grow by 20% over the next three years.”4 Similarly, in 2011, Lux Research, a technologies
consulting firm, estimated that the total, both public and private, global nanotechnology funding for
2010 was approximately $17.8 billion with corporate investment in research and development
accounting for approximately $9.6 billion of the funding.5
Some of these research efforts have been successful, producing nano-based products in
medicine, agriculture, cosmetics, and electronics. See Table 1. Nano-based products were estimated

2 See id.
3 For an overview of the various concerns and issues, see the Organisation for Economic Co-operation and
Development (OECD) Working Papers on Safety of Manufactured Nanomaterials,
http://www.oecd.org/env/ehs/nanosafety/publicationsintheseriesonthesafetyofmanufacturednanomaterial
s.htm (last visited Nov. 30, 2013).
4 Cientifica Plc, Global Funding of Nanotechnologies and Its Impact (2011), available at
http://cientifica.com/wp-content/uploads/downloads/2011/07/Global-Nanotechnology-Funding-Report-
2011.pdf
5 See OECD & U.S. Nat’l Nanotech. Initiative (NNI), Working Paper on Nanotechnology, OECD/NNI
International Symposium on Assessing the Economic Impact of Nanotechnology, Background Paper 2:
Finance and Investor Models in Nanotechnology 4 (Mar. 16, 2012), available at
http://www.oecd.org/sti/nano/49932116.pdf (the numbers reflect the values set forth in Figure 1).

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to have produced $254 billion in revenues worldwide in 2009, with an estimated potential of $3
trillion worldwide by 2020.6
Nonetheless, given different approaches in each country, some countries have been more
successful than others in their nanotechnology research efforts. Currently, the pioneers in this field
are the USA, Germany, Japan and South Korea.7 But, China has also made significant investments in
an effort to keep pace with the pioneers.8 As China’s investment in nanotechnology research has
increased, so too has the number of publications and patent applications.9 As recognized in a 2012
OECD and the U.S. National Nanotechnology Initiative report:
China has increased its investment in science and technology as a whole, from 1.5% of GDP in
1996 to 2% of GDP in 2010 and is expected to reach 2.5% by 2020 under the Medium and Long
Term Development Plan 2006-2020 (MLP). Nanotechnology development has been given priority
under this initiative and defined as one of twelve “mega-projects.” These “mega-projects” and their
associated implementation guidelines are intended to support industrialisation related to national
socio-economic development within 3-5 years.10
Similar to the governments of other countries and industry leaders, China has great interest in
nanotechnology because of its prospects for transforming numerous industries. Similar to China,
Russia and India are also making significant investments in nanotechnology.11

6 Mihail C. Roco, Chad A. Mirkin & Mark C. Hersam, Science Policy Reports - Nanotechnology Research
Directions for Societal Needs in 2020: Retrospective and Outlook Summary 3 (NSF/WTEC Report, Springer
2010), available at http://www.wtec.org/nano2/.
7 See John F. Sargent Jr., The National Nanotechnology Initiative: Overview, Reauthorization, and
Appropriations Issues, RL34401, U.S. Congressional Res. Service 30-31 (2013), available at
http://www.fas.org/sgp/crs/misc/RL34401.pdf.
8 Id.
9See Yan Dang et al., Trends in Worldwide Nanotechnology Patent Applications: 1991 to 2008, 12 J.
Nanoparticle Res. 687, 704 (2009) (Table 2).
10 OECD & NNI, Working Paper on Nanotechnology, OECD/NNI International Symposium on Assessing the
Economic Impact of Nanotechnology Background Paper 1: Challenges for Governments in Evaluating Return
on Investment from Nanotechnology and its broader Economic Impact 11 (Mar. 16, 2012), available at
http://www.oecd.org/sti/nano/49931940.pdf.
11 See id. at 12-13. (“In May 2007 the Indian Government approved the launch of a Mission on Nano Science
and Technology (Nano Mission) with a budget of Rs. 1000 crore (€144.8 million) over 5 years administrated
by the Department for Science and Technology; this follows on from the more modest Nano Science and
Technology Initiative (NSTI) launched in 2001 . . . In 2011 RUSNANO, an open joint stock company, was
formed to develop a Russian nanotechnology industry through the reorganisation of the Russian Corporation
of Nanotechnologies; the Russian government owns 100% of the shares.”)

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Table 1: Use of Nano-based Products in Different Fields

Already Available on Awaiting Under Development Existing as

the Market Marketability Concept
Chemistry Inorganic Chemical sensors CNT composite Self-healing
nanoparticles Nano-layered materials materials
Carbon black silicates Highly efficient
Polymer dispersions Organic hydrogen storage
Micronized active semiconductors systems
substances Dendrimers
Surface refinement Aerogels
Easy-to-clean Polymer
coatings nanocomposites
Glossy paints
Automotive Fillers for car tires Nanopigments Thermoelectric waste Smart paints
engineering Components with Magnetoelectronic heat recovery Ferro fluid shock
hard coatings sensors absorbers
Antireflective Fuel cells
coatings Nanocomposites
Scratch-resistant Fuel additives
paints Anti-fogging coatings
Polymer
windscreens
Electronics GMR HDD CMOS electronics PC RAM DNA
<100nm Molecular electronics computing
Polymer electronics RTD Millipede Spintronics
FRAM MRAM
Optical industry White LED Ultra precision CNT FET
optics Quantum cryptography
OLED EUVL optics
Quantum dot laser
Photonic crystals
Life sciences Biochips Antimicrobials Biosensors Lab-on-a- Neuronal
Sun protection Magnetic chip Tissue coupling to
hyperthermia engineering artificial systems
Drug delivery Biomolecular
Contrast media motors

Environmental Membranes for Catalytic exhaust gas Filter systems to collect 

engineering sewage treatment converters ultrafine particulates
Products for treatment
of groundwater and
soil

Table reproduced from a report produced by the Austrian Environmental Agency12

12 Umwelt Bundes Amt (Federal Environmental Agency, Austria), Nanotechnology: Opportunities and Risks
for Humans and the Environment, Background Paper 6-7 (2006), available at
http://nanotech.law.asu.edu/Documents/2009/11/Germany%20nanotechnology%20opportunities%20and
%20risk_385_7590.pdf [hereinafter Austrian Environmental Agency Report].

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III. Health aspects of Nano-sized particles

1. Human health aspect

To date, there has been limited research into the effectiveness, safety and potential health risks
posed by products incorporating nanotechnology that are already available on the market.13 For
example, as of October 2013, the Nanotechnology Consumer Products Inventory, maintained by the
Woodrow Wilson International Center for Scholars, contained “1,628 consumer products that have
been introduced to the market since 2005, representing a 24 percent increase since the last update
in 2010.”14 But, it is not clear how many of these products have undergone extensive safety testing.
Cosmetics raise particularly acute concerns because nanoparticles can be easily absorbed into
the body. Particles can be absorbed through the respiratory tract by inhalation (e.g., during
manufacturing), through the skin by absorption (e.g., application of cosmetics directly onto the skin
or application of topical medicine), and through the mouth by ingestion (e.g., use of pharmaceutical
drugs). Further, unintentional oral ingestion may occur by eating food that contains additives
composed of nanotechnology based materials. While exposure may occur through one or all of
these methods, no studies are currently available to provide sufficient information about the
assessment of possible risks involved with ingesting nanoparticles.
But, there have been a number of studies related to the health and safety of nanoparticles. For
example, researchers found that:
 Particles entering the body may be transported to a number of organs (heart, liver, spleen,
kidneys, and bone marrow) via the blood stream.
 Nanoparticles are capable of crossing biological barriers such as the blood-brain barrier.
 On the cellular level, cell membranes do not constitute obstacles for nanoparticles. A large
number of interactions with cell components are possible for particles penetrating into a cell.
However, the health hazard of such possible interactions is still unknown.
 Due to the high surface-area-to-volume ratio and higher reactivity of nanostructures,large
doses of nanoparticles can cause cells and organs to demonstrate a toxic response, in
particular inflammation. This is true even when the larger micro or macro scale material is
non-toxic.
 Some nanosized particles can penetrate the olfactory system, the liver as well as other
organs, passing along nerve axons into the brain.
 Toxicity levels may also be increased because nanomaterials may combine with iron or other
metals. Such a combination may also pose additional, and yet unknown, risks.
As the Federal Environmental Agency of Austria recognized, “[b]iodegradable nanoparticles are
metabolized and excreted. However, little is known so far about the behavior of non-degradable
nanoparticles.”15 It is believed that the particles will be accumulated in the body, primarily in the
organs that are responsible for detoxification. The full scope of the impact of this accumulation is
not yet known. This issue of toxic accumulation is especially a concern for those working in

13 See id. at 12.

14Press Release, Inventory Finds Increase in Consumer Products Containing Nanoscale Materials, Woodrow
Wilson International Center for Scholars, Project on Emerging Nanotechnologies (Oct. 28, 2013), available at
http://www.nanotechproject.org/news/archive/9242/.
15 Austrian Environmental Agency Report, supra note 12, at 14.

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manufacturing facilities that handle and develop goods containing nanoparticles. Moreover, some
have also expressed concerns that the use of nanotechnology may fundamentally alter how
human and environmental bio-systems work through use of genetic modifications or the
implementation of devices to control the human brain and body.

2. Ecotoxicological aspects

As in the case of human health, only a few scientific studies evaluate the impact of nanoparticles
on the environment. But, if nanoparticles pose risks to human health, then it seems very likely that
they also pose risks to the environment.
Nanostructures may have a significant impact on the environment through the following means:
Bioaccumulation – May occur as the environment absorbs smaller contaminants (e.g.,
pesticides), heavy metal (e.g., cadmium) and other harmful organics. This is a concern
because then these particles may be transferred along the food chain.
Persistence – May occur through the creation of non-biodegradable pollutants which, due
to the small size of the nanomaterials, will be hard to detect.
Additionally, there is a concern related to how other organic organisms may react to and in
combination with nanoparticles. For example, “the bactericidal activity of some nanomaterials
could produce adverse effects in sewage treatment works and cause a change of the composition of
the microbial population in the water.”16 Similarly, nanoparticles may also interfere with the
composition of the microbial population in the soil, causing damage, or other alterations, to crops.

IV. Nanotechnology and Governance

The main governance issue in nanotechnology is risk governance. But, risk governance is a new
issue for developing countries, which are still struggling with traditional issues of governance. The
framework of risk governance is unknown to the politicians and policy makers of the developing
nations. But, it will play an important role in enabling these governments to better care for their
citizens.
Risk governance encompasses almost all areas of human activity. The scope of risk governance
is defined and quantified by the various risks posed to society as well as the measures that can be
implemented to remove (or minimize) the possibility of harm.
Risk has been defined as an uncertain but negative consequence of an event or an activity
with respect to something that society values.17 Looking to societal value is important, because, the
government, as a representative of the people, is to reflect what its citizen’s value, which includes
the safety of its citizens and the environment.
Risk has two major components: (1) likelihood of potential negative consequences, and (2) the
severity of the consequences.18 The analysis of risk not only covers physical consequences, but also
includes financial impact, economic investments, institutions, cultural heritage and psychological

16 Id.
17 See Swiss Int’l Risk Governance Council, White Paper on Risk Governance: Towards an Integrative
Approach 19 (2006), available at http://irgc.org/wp-
content/uploads/2012/04/IRGC_WP_No_1_Risk_Governance__reprinted_version_3.pdf [hereinafter IRGC Risk
Model].
18 See id.

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impact.19 “Risks may be classified according to their origin such as physical agents, chemical agents,
biological agents, and natural forces, social-communicative, and complex hazards.”20
When evaluating risk, stakeholders should use “[a]n integrated framework [which] takes into
account scientific, economic, and social aspects of all stakeholders concerned while analyzing the
risk and hazards.”21 One possible risk model that stakeholders could adopt is the one developed by
the International Risk Governance council (IRGC), which is a private foundation established under
the Swiss Civil Code and based in Geneva, Switzerland.22 Under the IRGC framework, risk
governance is conducted in four phases: (1) pre-assessment, (2) risk appraisal, (3) risk
evaluation and characterization, and (4) risk management.23 See Figure 1.

Figure 1 – IRGC Risk Governance Framework24

The IRGC’s risk governance framework was specifically proposed to address nanotechnology
concerns. Notably, the framework is cyclical and communication serves as the core. Communication

19 See id.
20Kshitij A. Singh, Risk Governance in Nanotechnology, Int’l Risk Governance Council 1 (2006), available at
http://www.aps.anl.gov/Safety_and_Training/Experiment_Hazard_Classes/nanoriskgovernance.pdf.
21 Id.
22 IRGC Risk Model, supra note 17, at 2.
23 Id. at 13 (Figure 1).
24 Id.

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is particularly important with respect to nanotechnology because, the role of nanotechnology

continues to expand within our society. With the large number of ‘unknowns’ regarding this
technology, all stakeholders must be involved in addressing risk concerns.
The IRGC framework was developed to take “into account the four generations of
nanotechnology products and their potential character:”25
First generation – nanotechnology products are made of passive nanostructures and generally
have fixed functionality (e.g., scratch resistant nanostructured coatings for paintwork).26
Second generation – nanotechnology products “will have active nanostructures, [whose]
functionality will change in response to external stimuli.”27 These may include, for example,
“sensors that can detect and respond to changes in environmental conditions [such as] targeted
cancer therapies.”28
Third generation – nanotechnology products “will be integrated nanosystems that combine
active subsystems, for example, artificial organs built from nanoscale and evolutionary
nanobiosystems.”29
Fourth generation – nanotechnology products may be “based on heterogeneous molecular
systems that are built from the bottom-up approach, rather than manufactured using top-down
fabrication methods. This could include for example nanoscale gene therapies and molecules
designed to self-assemble.”30
The IRGC model further classifies the four generations of nanotechnology products into two
frames, with frame 1 consisting of first generation technologies, and frame 2 consisting of the other
three generations. Segmenting the technology in this manner should permit stakeholders to better
understand the growth of nanotechnology and enable them to identify and develop strategies to
address and manage the risks. See Table 2.

25 Singh, supra note 20, at 2.

26 Id. at 3.
27 Id.
28 Id.
29 Id.
30 Id.

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Table 2: Four generations of Nanotechnology Products Classified into Two Risk

Governance Frames31

Nanotechnology Product Characteristics

Product Generation

Frame 1 First Passive Nanostructures

Second Active Nanostructures

Frame 2 Third Integrated Nanosystems

Fourth Molecular Systems

Given the lack of research on the impact of nanotechnology, there is likely only a limited
understanding of how passive nano- materials may potentially impact the environment, health and
safety. But, active and more complex nanostructures require a far greater level of knowledge to
assess potential risks.

V. Nanotechnology and Governance in Bangladesh

Governance is a much talked about issue in developing countries like Bangladesh. ‘Good
governance’ has become a fashion in these countries, regardless of what is happening on the
ground. Political parties, civil society and even international organizations often talk of ‘Good
Governance.’ But their notion of ‘Good Governance’ connotes people’s right to franchise, human
rights, education for all (especially basic primary education), primary health care facilities for all,
availability of safe drinking water, access to justice, woman empowerment, and so forth. In general,
these organizations do not focus on ‘technology governance’ as a part of their ‘Good Governance’
framework.
But, technology governance must be considered and, like other aspects of governance, has
lagged. Whatever the industrial development of these countries, the citizens have access to and are
provided with various products such as medicine, cosmetics, toiletries and electronic goods, which
were produced in developed countries. Many of these products have nanotechnology components.
Bangladesh is no exception to this reality. The economy of Bangladesh is a blend of primary,
secondary and tertiary economic activities. That is, in Bangladesh, the agriculture, industry and
service sectors coexist. These sectors import equipment and chemicals. Moreover, consumer goods
such as cosmetics, clothes and electronic gadgets, as well as medicines, are also imported regularly.
Bangladesh, like many other developing countries, has experienced difficulty in addressing the
adverse consequences of using chemicals for agriculture and other industries. Recently, Bangladesh
realized that agricultural soil was polluted and lost productivity due to indiscriminate use of
pesticides. These products were used on a large scale without oversight by state regulatory
authorities as to the quality and hazard risks. Additionally, contraband pesticides were dumped in
Bangladesh by multinational companies.

31 Id. at 4.

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Similarly, many non-standard, not clinically tested drugs are imported and sold over the counter
in Bangladesh. Such practices create a grave threat to people’s health. Generally, such drugs are
contraband items in their country of origin and have not been approved by the Bangladesh drug
administration for sale within Bangladesh.
Many food items labeled as ‘food supplement’ and cosmetics such as skin whitening cream are
also sold without prior approval of the Bangladesh Standards and Testing Institutions. These
products create a risk to peoples’ health and safety.
But, Bangladesh does have several regulatory agencies that are authorized to address concerns
related to mislabeled, dangerous, and hazardous goods:
1. Directorate General of Drug Administration (DGDA)
2. Bangladesh Standards and Testing Institution (BSTI)
3. Department of Environment (DoE)
Additionally, the Bangladesh Customs Department is also involved in policing the entry of
contraband goods by enforcing the contraband items list.
Nanotechnology is creating a shift in the global technology paradigm. Every sector of technology
is impacted by the wave of nano—medicine, cosmetics, clothing, agriculture and electronics. The
DGDA and BSTI are well equipped to test and commission traditional, non-nano, products. But,
Bangladeshi policy makers are concerned about how these organizations—DGDA and BSTI—will
cope with the import of nano-based products. Traditional testing machines are not capable of
testing the nano-components of products.
Like the testing equipment, the laws in Bangladesh also fail to adequately address concerns
related to nano-based products. Proper legislation is needed to empower the institutes to work
with nano-based products. Currently, the Bangladesh laws regulating medical drugs do not include
any clause or provision addressing the import of drugs based on nanotechnology.32 Similarly, there
are no laws in place to address how the Bangladesh Standards and Testing Institution should
handle nano-based products.33
The Bangladesh environmental laws are also lagging. There are currently no environmental
laws that address nanotechnology.34 But, Bangladesh does have an environmental law and people
have undertaken public policy driven environmental litigation at the Higher Court. Additionally,
people who wish to start a business that may impact the environment must have approval from the
Department of Environment, but the DoE does not generally aggressively police the toxicity created
by manufacturing industries.
A first step in addressing concerns related to nano-based products is to generate additional
awareness at the policy level of the government. Nano-based products will be imported in to
Bangladesh in the immediate future, together with other regularly imported items.

32See People’s Republic of Bangladesh, Directorate General of Drug Administration, Ministry of Health &
Family Welfare, National Drug Policy (1982).
33 See People’s Republic of Bangladesh, The Bangladesh Standards and Testing Institution Ordinance,
Ordinance No. XXXVII of 1985,
http://bdlaws.minlaw.gov.bd/chapter.php?act_name=The%20Bangladesh%20Standards%20and%20Testin
g%20Institution%20Ordinance,%201985%20&vol=&id=689 (last visited Nov. 30, 2013).
34 See People’s Republic of Bangladesh, Department of Environment, The Bangladesh Environment
Conservation Act 1995, http://www.doe-bd.org/publications_en.html (last visited Nov. 30, 2013).

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A second step would be to involve the scientific community. As noted, the Bangladesh Customs
Department does possess a list of contraband items. But, the Customs Department relies on the
recommendations from scientific bodies in adding new items to the list. For example, scientific
recommendations come from other authorities and laboratory testing is undertaken by other
scientific installations. While it may be difficult and time consuming to add new items to the
contraband list, the Bangladesh Customs Department does strictly enforce the list.
Bangladesh needs to develop its capacity to test nanoproducts because testing could help the
country deal with dangerous chemicals, such as arsenic, which is a main public health concern.
Developing a testing method may permit for the removal of arsenic from water.
It is important for the government to step in and issue regulations to adequately address the
health and safety risks of nano-based products. On the other hand, the government does not need to
work alone. Solutions may be developed by individuals or through regional and international
cooperation. But, any reluctance to step in will adversely impact Bangladesh citizens.

VI. Recommendations

Bangladesh should approach nanotechnology in two ways. Firstly, it should start investing in
nanotechnology research to improve its own scientific knowledge in this field. Secondly, it should
share knowledge with other countries so as to improve its own knowledge base, which will help to
frame the law on testing and market access control of nanoproducts.
Revising existing laws to include clauses to address nanotechnology may be difficult. Therefore,
a new law which may be called ‘nano-law’ would be a better approach.
Bangladesh and other countries of similar scientific capacity should carefully evaluate proposals
from developed countries to set up of offshore nano-industry locations, because the industrial
impacts of nano-industry and their related environmental hazards are not well understood. Care
should also be taken with waste management of nano-products.
Like other developing countries of the Non-Aligned Movement (NAM), the purchase of testing
machines and establishing testing laboratories for nanoproducts may be expensive for Bangladesh.
Therefore, a common standards and testing laboratory under management of NAM will be useful.

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