The Anti-Corruption Commission (ACC), a statutory and independent organization created by law, takes part in investigations and legal proceedings of graft cases. It also conducts multifaceted activities to bring back smuggled money to the country—both voluntarily and as per court orders.
But it has no authority to communicate directly with countries where money laundering is suspected. The Ministry of Foreign Affairs, Bangladesh Bank, Ministry of Home Affairs, and other government agencies have to write letters seeking cooperation by foreign governments with the ACC.
Out of the 27 related offences in the "Anti-Corruption Commission Act, 2004" and the "Prevention of Money Laundering Act, 2012", the ACC has been assigned responsibility for only one. The anti-graft body is solely responsible for investigating laundered money earned through "bribery and corruption", according to an amendment made in 2015.
Various researchers have found that about 80% of the money smuggled out of Bangladesh is done through international trade. However, the ACC does not have the responsibility of investigating such incidents. This responsibility has been assigned to the National Board of Revenue (NBR) and the Criminal Investigation Department (CID) of the Bangladesh Police.
Despite that, there have been no instances of the NBR or CID preventing money laundering or bringing back money smuggled out of the country.
Earlier, the ACC brought back Singapore dollars worth over Tk20 crore which were deposited into the account of Fairhill Consulting Pte Ltd, a company owned by former premier Khaleda Zia’s son Arafat Rahman Koko, in 2012. According to the case documents, Kono and his business partner, Ismail Hossain Saimon, son of former minister Akbar Hossain, deposited the amount with Singapore Overseas Bank from Janata Bank's Dubai branch between 2004 and 2007. The duo were sentenced to six months’ rigorous imprisonment each and fined Tk39 crore each.
What else does the ACC want to do?
ACC officials say they want to become a member of the "Globe Network" to recover money laundered abroad. They have already started sending letters for that purpose.
In a letter to the Cabinet Division, the ACC has expressed its interest in becoming a member of the network established under the auspices of the United Nations Office on Drugs and Crime (UNODC) in June 2021. The global organization has 132 organizations from 72 countries.
No organization from Bangladesh has been able to become a member so far. The ACC requires the government’s nod to become a member of the network. In February, the ACC sent a letter to the cabinet secretary for necessary action to be taken, mentioning why it is necessary to be a member of this organization. But there has been no progress on this letter.
The "Globe Network" was established for promoting cooperation, intelligence exchange, and information sharing on the investigation and recovery of money laundering between various anti-corruption agencies.
Membership in the network is open to UN and UN Convention Against Corruption (UNCAC) member countries. Therefore, Bangladesh can join this network as a member state of the UN and as a ratifying country of the UNCAC.
On the benefits of membership, the ACC's letter states that there is no application fee or mandatory contribution fee to be a member of the "Globe Network".
Information sought from MoFA
According to data from the US-based Centre for Advanced Defense Studies, at least 459 Bangladeshis have purchased properties in Dubai under false pretences and so obtained the Golden Visa. As of 2020, they had purchased 972 properties in Dubai. The ACC's Money Laundering Unit launched an investigation based on this information.
Recently, ACC Deputy Director Ramprasad Mondal wrote to the Ministry of Foreign Affairs (MoFA) seeking assistance in getting information on the 459 individuals through the Consulate General of Bangladesh in Dubai. But there has been no progress on that letter either.
Cabinet Secretary Md Mahbub Hossain told Bangla Tribune that there are some limitations and legal complications in bringing back the smuggled money. Still the ACC is working in cooperation with the relevant departments of the government to this end.
Retired ACC commissioner Dr Mozammel Haque Khan said the agency can take necessary measures if the Foreign Ministry collects the list of money launderers and supplies it to the ACC.
For example, he said, those who invested in Dubai have done it through smuggling. There is no legal way to invest in Dubai.
Anti-graft watchdog Transparency International Bangladesh (TIB) Executive Director Dr Iftekharuzzaman thinks the amendment in 2015 curtailed the powers of the ACC and created an opportunity for criminals to be given protection.
Calling for the restoration of the powers of the ACC by amending the law, he said: "The purpose for which the ACC was established has been reduced through several legal and administrative reforms."
