DETAILS OF INTERNATIONAL COOPERATION & PROSECUTION CHALLENGES

INTRODUCTION

CHALLENGES FACED WHILE RESPONDING TO MLAR Request for search and seizure of material evidence from the corrupt premises Statements of witnesses or accused Proposal for joint investigation Request for freezing of bank accounts & attachment of property

CHALLENGES REGARDING REQUESTED MLAs Absence of dual criminality Clarifications regarding political persecution Information pertaining to bank account / transaction profile Off shore entities tend to maintain silence regarding requests made Response to requests are delayed on the pretext of long queue of requests made by other countries Once queries are met status of the request neither notified nor responded

PROSECUTION CHALLENGES Value of evidences received through MLAR Electronic evidences Foreign documents Production of foreign witnesses to the court Cross examination of prosecution witness (Foreigner) Money laundering is yet to be legislated as an extraditable offence in Bangladesh

OTHER CHALLENGES FIU of Bangladesh Bank is admitted as member of the Egmont group obtaining pertinent information would be easier Familiarity of Judiciary and lawyers with the provisions of UNCAC would facilitate faster disposal of ML cases A major issue Paucity of resources & capacity of the ACC Structural impediments to information sharing Lack of experience in making of response to international requests for assistance

Thank you A presentation by the ANTI-CORRUPTION COMMISSION BANGLADESH Those who perpetrate injustice And those who tolerate the same, Let both burn into ashes, My Lord, In Your ever wrathful flame. - Rabindranath Tagore (Nobel Laureate)