(24) “non government organization” means the institution authorized or registered under the Societies Registration
Act, 1860 (Act No. XXI of 1860), Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961
(Ordinance No. XLVI of 1961), Foreign Donations (Voluntary Activities) Regulation Ordinance, 1978 (Ordinance
No. XLVI of 1978), Foreign Contributions (Regulation) Ordinance, 1982 (Ordinance No. XXXI of 1982) and the
Microcredit Regulatory Authority Act, 2006 (Act No. XXXII of 2006) which(a)
receives fund (loan, grant, deposit) from local sources or provide fund to others; and/or
(b)
receives any kind of foreign donation or loan or grant;
(25)
“Bangladesh Financial Intelligence Unit (BFIU)” means the Bangladesh Financial Intelligence Unit
established under section 24(1) of the Money Laundering Prevention Act, 2012;
(26)
“material support” means to provide money, service or any other property or any other assistance to any
person or entity by any person or entity by which terrorist activities mentioned in this Act have been committed or
may be committed;
(27)
“High Court Division” means the High Court Division of the Bangladesh Supreme Court;
(28)
“real estate developer” means any real estate developer or their officers or staff or agents who are engaged
in constructing and buying and selling of land, home or house, commercial building and flat etc. as defined in section
2(15) of the Real Estate Development and Management Act, 2010 (Act No. XLVIII of 2010);
(29)
“trust and company services provider” means any person or business enterprise that is not defined in any
other law and provides any of the following services to any third party:
(i) to act as an agent for formation of a legal entity;
(ii) to act as a director, secretary of any legal entity or to appoint someone or to act as a partner in a partnership
business or to perform any other similar responsibilities;
(iii) to act as a registered agent for any legal entity;
(iv) to act as a trustee of an express trust to appoint someone;
(v) to act as a nominee shareholder or as a director on behalf of another person or to appoint someone;
(30)
“public security” means to ensure security of the life and the property of any person or group of people.
3.
Applicability of other words and expressions. – (1) The words and expressions used but not defined in this
Act, shall have the same meaning as provided in the Code of Criminal Procedure, [existing laws relating to prevention
of money laundering,] or as the case may be, the Penal Code.
(2) The general provisions of the Penal Code relating to the punishment of offences and liabilities shall, in so far as
practicable, apply to the offences under this Act, unless they are not inconsistence with the other provisions of this
Act.
4.
Act to override other laws.– Notwithstanding anything contained in the Code of Criminal Procedure or any
other law for the time being in force, the provisions of this Act shall prevail.
5.
Extra-territorial application.– (1) If any person or entity commits an offence within Bangladesh from
outside of Bangladesh which, if committed inside of Bangladesh by the same person or entity, would have been
punishable under this Act, the said offence shall be deemed to have been committed in Bangladesh and the provisions
of this Act shall apply to the said person or entity and the offence.
(2) If any person or entity from Bangladesh commits an offence outside of Bangladesh, which if committed within
Bangladesh by the said person or entity would have been punishable under this Act, the offence shall be deemed to
have been committed in Bangladesh and the provisions of this Act shall apply to the said person or entity and the
offence.
(3) If any person commits an offence in any foreign country and then take shelter in Bangladesh which, if
committed in Bangladesh would have been punishable under this Act, the said offence shall be deemed to have
been committed in Bangladesh and the provisions of this Act shall apply to the said person if he cannot be
extradited to a foreign state having jurisdiction over the said offence.
Second Chapter
Offences and punishment
6. Terrorist activities.– (1) If any person, entity or foreigner(a) for the purposes of threatening the unity, integration, public security or sovereignty of Bangladesh by creating
panic among the public or a section of the public with a view to compelling the Government or any entity or any
person to do any act or preventing them from doing any act–
(i) kills, causes grievous hurt, confines or kidnaps any person or attempts to do the same, or damages or attempts to
damage any property of any person, entity or the State;
(ii) abets or instigates any person to murder, injure seriously, confine or kidnap any person, or abets or instigates to
damage any property of any person or entity or the State; or
(iii) damages or tries to damage the property of any other person, entity or the state; or
(iv) conspires or abets or instigates to damage the property of any other person, entity or the state; or
(v) uses or keeps in possession any explosive substance, inflammable substance and arms for the purposes of subclauses (i), (ii), (iii) and (iv);
Anti Terrorism Act 2009.doc/- 3 -