(4) The property of any person or entity shall be subject to seizure in pursuant to any international, regional or bilateral agreements ratified by the Government or any convention of United Nations or relevant resolutions adopted by the United Nations Security Council. 35. Confiscation of assets obtained from terrorist activities and proceeds of terrorism.– (1) Where the Judge is satisfied that any property is seized or attached for deriving from terrorist activities or it constitutes from proceeds of terrorism, the Court may pass an order to confiscate the property. (2) If any proceeds of terrorism or any property derived from terrorist activities is confiscated under sub-section (1), the Government may take legal steps in accordance with sections (18) and (20) of this Act against the entity from which the said property shall be confiscated. (3) Property seized in accordance with sub-section (4) of section 34 of this Act shall be liable to be confiscated and disposed of by the concerned court in light of the concerned agreements, conventions or the resolutions adopted by the United Nations Security Council. (4) If any person or entity other than the convicted person or entity has title, interest or right to the confiscated property, the property may be returned by the concerned court.] 36. Issuance of a notice to show cause prior to confiscation of assets obtained from terrorist activities.– (1) Before passing an order of confiscation of assets obtained from terrorist activities, [a show cause notice shall, in accordance with the provisions of the Code of Criminal Procedure] be served to the person who possesses or controls the said property and no order for confiscation of assets obtained from terrorist activities shall be passed without allowing the person to reply to the notice within the stipulated time of the notice, or without giving the person a reasonable opportunity of being heard. (2) No order of confiscation under sub-section (1) may be passed, if the person is able to prove that he was unaware of the fact that the said assets was obtained from terrorist activities and he purchased the same with an appropriate price. 37. Appeal.- (1) Any person aggrieved by an order of confiscation passed under section 35, may prefer an appeal to the High Court Division within a month from the date of the receipt of such order. (2) Where an order under section 35 is modified or annulled by the High Court Division or wherein a prosecution instituted for the contravention of the provisions of this Act, the person against whom an order of confiscation has been made under section 35 is acquitted, such property shall be returned to him, and if it is not possible for any reason to return the confiscated property, such person shall be paid a reasonable price thereof with reasonable interest accruing from the day of attachment or seizer of the property considering the property having been sold to the Government. Ninth Chapter Mutual legal assistance 38. Mutual legal assistance.- (1) When a terrorist act is committed or abetted, attempted, conspired or financed to commit an offence in such a manner that the territory of a foreign State is involved, or the terrorist act is so committed, abetted, attempted, conspired or financed in Bangladesh from another sovereign State or from Bangladesh in another sovereign State, the Government of Bangladesh shall, upon satisfaction, provide all such necessary legal assistance [in accordance with any agreement] on criminal investigation, trial or extradition as may be requested by the Government of that foreign State subject to the following provisions of this section. (2) The terms and conditions of mutual legal assistance shall be mutually agreed upon between the requesting and the requested States on the basis of reciprocity through signing of formal agreement or exchange of letters. (3) [In absence of mutual understanding between countries,] no Bangladeshi citizen shall be handed over to a foreign State for trail of offence under this Act [: Provided that, the extradition of any Bangladeshi citizen shall not be executed if the person is under trial in any court in Bangladesh for the same offence.] (4) For the purposes of mutual legal assistance under this section, a Bangladeshi citizen may, subject to his consent, be handed over to a foreign State to provide assistance as a witness in a relevant criminal prosecution or in the process of investigation. (5) Bangladesh, being a requested country, may refuse to comply with a request for extradition or mutual legal assistance in a particular case, if the Government has substantial grounds to believe that the request for extradition of any offender for the purpose of prosecuting or punishing that person only on account of his race, religion, nationality, or political opinion. Anti Terrorism Act 2009.doc/- 12 -