(2) The provisions of this section shall not apply to the case where the offence of providing shelter or keeping in hiding mentioned in sub-section (1) is committed by husband, wife, son, daughter, father or mother. (3) The provisions of sub-section (1) shall apply to the case where the offence of providing shelter is committed by any entity represented by its Chairman, Managing Director, Chief Executive or any other name, unless he is able to prove that the said offence was committed without his knowledge or he had tried utmost to prevent the commission of such offence. Third Chapter Powers of Bangladesh Bank 15. Powers of Bangladesh Bank.– (1) Bangladesh Bank may take necessary steps to prevent and identify any transaction carried out by any reporting agency with intent to commit an offence under this Act and for this purpose it shall have the following powers and authority, namely:(a) to call for a report relating to any suspicious transaction from any reporting agency, analyze or review the same and to collect additional information relating thereto for the purpose of analyzing or reviewing the same and maintain record or database of them and, as the case may be, provide with the said information or report to the police or other respective law enforcement agencies for taking necessary actions; (b) if there are reasonable grounds to suspect that a transaction is connected to terrorist activities, to issue a written order to the respective reporting agency to suspend or freeze transactions of that relevant account for a period not exceeding 30 (thirty) days and, if it appears necessary to reveal correct information relating to transactions of the said account, such suspension or freezing order may be extended for an additional term not exceeding 6 (six) months by 30 (thirty) days at a time; (c) to monitor and supervise the activities of reporting agency; (d) to give directions to the reporting agencies to take preventive steps to prevent financing of terrorist activities and proliferation of weapons of mass destructions (WMD); (e) to monitor the compliance of reporting agencies and to carry out on-site inspection of the reporting agencies for fulfilling any purpose of this Act; and (f) to provide training to officers and employees of the reporting agencies for the purpose of identification of suspicious transactions and prevention of financing of terrorist activities. (2) Bangladesh Bank, on identification of a reporting agency or its customer as being involved in a suspicious transaction connected to financing of terrorist activities, shall inform the same to the police or appropriate law enforcement agency and provide all necessary cooperation to facilitate their inquiries and investigations into the matter. (3) If the offence is committed in another country or trial of an offence is pending in another country, Bangladesh Bank shall take steps to seize the accounts of any person or entity upon request of the foreign state or pursuant to any international, regional or bilateral agreement, United Nations conventions ratified by the Government of Bangladesh or respective resolutions of the United Nations Security Council. (4) The fund seized under sub-section (3) shall be subject to disposal by the concerned court or in pursuant to the concerned agreements, conventions or resolutions adopted by the United Nations Security Council. (5) The power and responsibilities of Bangladesh Bank under the provision of this Act shall be exercised by Bangladesh Financial Intelligence Unit (BFIU) and all the governmental, semi-governmental, autonomous bodies or any other relevant institutions or organizations shall provide information requested under this Act or, as the case may be, spontaneously provide information to the Bangladesh Financial Intelligence Unit. (6) Bangladesh Financial Intelligence Unit shall, on request or, as the cases may be, spontaneously provide information relating to terrorist activities or financing of terrorist activities to financial intelligence units of other countries or any other similar foreign counterparts. (7) For the purpose of investigation relating to financing of terrorist activities, the law enforcement agencies shall have the right to access any document or file of any bank under the following conditions: (a) with an order from a competent court or special tribunal; or (b) with the approval of the Bangladesh Bank. (8) If any reporting agency fails to comply with the directions issued by Bangladesh Bank under this section or knowingly provides any wrong or false information or statement, the said reporting agency shall be liable to pay a fine determined and directed by Bangladesh Bank not exceeding taka 25 (twenty five) lac and Bangladesh Bank may suspend the registration or license with intent to stop operation of the said agency or Anti Terrorism Act 2009.doc/- 6 -

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