any of its branches, service centers, booths or agents within Bangladesh or, as the case may be, shall inform the
registering or licensing authority about the subject matter to take appropriate action against the agency.
(9) If any reporting agency fails to pay or does not pay any fine imposed by Bangladesh Bank
according to sub-section (8) of this Act, Bangladesh Bank may recover the amount from the reporting agency
by debiting its accounts maintained in any bank or financial institution or Bangladesh Bank and in case of any
unrealized or unpaid amount, Bangladesh Bank may, if necessary, apply before the concerned court for
recovery.
16.
Duties of reporting agency.– (1) Every reporting agency shall take necessary measures, with
appropriate caution and responsibility, to prevent and identify financial transactions through them which is connected
to any offence under this Act and if any suspicious transaction is identified, the agency shall spontaneously report it to
the Bangladesh Bank without any delay.
(2) The Board of Directors, or in the absence of the Board of Directors, the Chief Executive Officer, by
whatever name called, of each reporting organization shall approve and issue directions regarding the duties of its
officers, and shall ascertain whether the directions issued by Bangladesh Bank under section 15, which are applicable
to the reporting agency, have been complied with or not.
(3) If any reporting agency fails to comply with the provision under sub-section (1) 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 any of its
branches, service centers, booths or agents within Bangladesh or, as the case may be, shall inform the registering or
licensing authority about the subject matter to take appropriate action against the agency.
(4) If the Board of Directors, or in the absence of the Board of Directors, the Chief Executive Officer, by
whatever name called, of any reporting organization fails to comply with the provision under sub-section (2)
the chairman of the Board of Directors, or the Chief Executive Officer, as the case may be, shall be liable to
pay a fine determined and directed by Bangladesh Bank not exceeding taka 25 (twenty five) lac and
Bangladesh Bank may remove the said person from his position, as the case may be, shall inform the
competent authority about the subject matter to take appropriate action against the person.
(5) If any reporting agency fails to pay or does not pay any fine imposed by Bangladesh Bank according to subsection (3) or if the chairman of the Board of Directors, or the Chief Executive Officer, whatever they may be
called, fails to pay or does not pay any fine imposed by Bangladesh Bank according to sub-section (4),
Bangladesh Bank may recover the amount from the reporting agency or from the account of the respective person
by debiting any account maintained in any bank or financial institution or Bangladesh Bank and in case of any
unrealized or unpaid amount, Bangladesh Bank may, if necessary, apply before the concerned court for recovery.
Fourth Chapter
Proscription and Enlistment and Implementation of United Nations Security Council Resolution
17. Person or Entity involved in terrorist activities.– For the purposes of this Act, person or entity shall be deemed
to have been involved in terrorist activities, if he or it –
(a) commits terrorist activities or takes part in such activities;
(b) takes preparation for terrorist activities;
(c) assists in or encourages committing terrorist activities;
(d) supports and abets any organization involved in terrorist activities;
(e) meets the following listing criteria for enlistment and proscription set out in the UNSCR 1373, which are(i) any person or entity who commits or attempts to commit terrorist acts, or who participates in or facilitates
the commission of terrorist acts;
(ii) any entity owned or controlled, directly or indirectly, by any enlisted or proscribed person or entity;
(iii) any person or entity acting on behalf of, or at the direction of, any enlisted or proscribed person or entity;
(f) provide shelter to any terrorist person; or
(g) is involved in terrorist activities in any other ways.
18. Proscription and Enlistment of organizations.– (1) For the purposes of this Act, the Government, on reasonable
grounds that a person or an entity is involved in terrorist activities, may, by order, enlist the person in the schedule
or proscribe the entity and enlist it in the Schedule.
(2) The Government may, by order, include in or exclude any person or entity from the Schedule or amend the
Schedule in any other manner.
19.
Review.– (1) Any person or entity aggrieved by an order issued by the Government under section 18 may
make a written application, mentioning reasons, to the Government for review within 30 (thirty) days of the date of
issuance of such order, and the Government, after hearing the applicant shall, , dispose of the application within 90
(ninety) days of receipt.
(2) If the application for review under sub-section (1) is rejected, the aggrieved person or entity may, within
30 (thirty) days of such refusal, prefer an appeal before the High Court Division.
Anti Terrorism Act 2009.doc/- 7 -