BANGLADESH BACKGROUND CHECK

If any company is not aware of the importance of background screening before hiring any employee then there are sheer chances that it may end up in some trouble. The reason for informing you about this is not to make you frightened to assist you in taking precautionary steps against reputational risks. The foremost step of any company before it is planning to get off the ground is to have background screening of its future employees.

If you haven’t done it yet, there is no need to worry, because now we are here.

Our Premium Services for background screening are very much known in the industry. Today’s rapid cases of fraud and crimes, you cannot rely on anyone, so how could you depend on your employees? Once you entered into contract with us, you would feel that you are now stress-free, because in that case, it would be us to carry your entire burden off your shoulders.

Bangladesh is our included in our list of countries where our services are available since long, and the clients there in Bangladesh are very much satisfied and content with our services.

We are quite clear that the scenario of Bangladesh is entirely different as compared to the case studies of other countries. This is the actual reason when our company planned to extend our services not to target with just the capital of your country, but the all major cities.

The residents or organizations of these cities can always approach us, Dhaka, Khulna, Rajshahi, Tungi, Rangpur, Narsingdi, Barisal, Narayanganj, Dinajpur, Jamalpur, Sirajganj, Nawabganj, Pabna, Gazipur, Satkhira etc. So what are you waiting for? Just go to your write message option, and send an email to us, you can also write to us if you still have anything unclear in your mind regarding our services at info@backcheckgroup.com. Our team is 24/7 available to solve any of your query. Not only this, but you can trust us blindly when it comes to maintaining the secrecy of the sensitive information comes from your end or ours.

General Information

GDP USD115.61bn (World ranking 59, World Bank 2012)
Population 155 million (World ranking 8, World Bank 2012)
Form of state Parliamentary Democracy
Head of government Sheikh Hasina
Next elections Presidential in 2018 and Legislative in 2019

CURRENT LOCAL TIME

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PRODUCTS IN BANGLADESH

OUR SERVICES IN BANGLADESH

We have access to the database and documents of all the courts of Bangladesh and in every city to verify your client or employee. If courts give us positive report about anyone, we also make ascertain that there is no conviction record in the courts

Most of the time it happens to appear that employees do have a bankruptcy history because they were unable to pay back to their banks, by this service we check the financial status of the employee and notify you about the actual status.

There would be hardly any company, which would go ahead with the hiring of an employee who already has a bad reputation in the media. If there was a scam published in a newspaper or other media outlets, we let you know about that through this service.

Enhanced, Standard, and Basic; we ask you to choose one of these levels so that we could check the criminal record of any of your employees with the help of local police of your country.

Some initial details, like address, date of birth, name etc. are verified by this service of Identity check.

Anti Corruption Laws

(Adopted on: 18th May 1979)

18. Insolvency and habitual indebtedness –

A Government servant shall avoid habitual indebtedness. If a Government servant is adjudged or declared insolvent or if the whole of that portion of his salary which is liable to attachment is frequently attached for debt, has been continuously so attached for a period of two years, or is attached for a sum which, in ordinary circumstances, he cannot repay within a period of two years, he shall be presumed to have contravened this rule unless he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control and has not proceeded from extravagant or dissipated habits.

A Government servant who applies to be or is adjudged or declared insolvent shall forthwith reports his insolvency to the Head of the office or Department, or to the Secretary of the Ministry, as the case may be, in which he is employed.

Communication of official documents or information –A Government servant shall not, unless generally or specially empowered by the Government in this behalf, disclose directly or indirectly to Government servants belonging to other Ministries, Divisions or Departments, or to non-official persons or to the Press, the contents of any official document or communicate any information which has come into his possession in the course of his official duties, or has been prepared or collected by him in the course of those duties, whether from official sources or otherwise.

Approach to members of Parliament, etc. – No Government servant shall, directly or indirectly, approach any Member of Parliament or any other non-official person to intervene on his behalf in any matter.

Management, etc., of newspapers or periodicals – No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in editing or management of, any newspaper or other periodical publication.

Radio broadcasts and communication to the press – No Government servant shall, except with the previous sanction of the Head of the Department or in the bona fide discharge of his duties, participate in a radio or television broadcast or contribute any article or write any letter, either anonymously or in his own name or in the name of any person, to any newspaper or periodical:

Provided that such sanction shall generally be granted if such broadcast or such contribution or letter is not, or may not be considered likely to jeopardize the integrity of the Government servant, the security of Bangladesh or friendly relations with foreign States, or to offend public order, decency or morality or to amount to contempt of Court, defamation or incitement to an offence:

Provided further that no such sanction shall be required if-

(A) Such broadcast or such contribution or letter is of a purely literary, artistic or scientific character or connected with sports;

(b) Such broadcast or such participation is required to project Government activities on development works to the people by the Commissioners of Divisions, Deputy Commissioners and Sub-divisional Officers.

25. Taking part in politics and elections –

(1) No Government servant shall be a member of, or be otherwise associated with, any political party or, any organization affiliated to any political party, or shall take part, or assist, in any manner, in any political activity in Bangladesh or abroad;

(2) No Government servant shall permit any person dependent on him for maintenance or under his care or control to take part in or in anyway assist, any movement or activity which is, or tends directly or indirectly to be subversive of Government as by law established in Bangladesh.

(3) No Government servant shall canvass or otherwise interfere or use his influence in connection with or take part in any election to a legislative body, whether in Bangladesh or elsewhere:

(4)Provided that a Government servant who is qualified to vote at such election may exercise his right to vote; but if he does so, he shall give no indication of the manner in which he proposes to vote or has voted.

(5) A Government servant who issues and address to electors or in any other manner publicly announces himself or allows him to be publicly announced as a candidate or prospective candidate for election to a legislative body shall be deemed for the purpose of sub-rule (3) to take part in an election to such body.

(6) The provisions of sub-rules (3) and (5) shall, so far as may be, apply to elections to local authorities or bodies, save in respect of Government servants required or permitted by or under any law, or order of the Government, for the time being in force, to be candidates at such elections.

(7) If any question arises whether any movement or activity falls within the scope of this rule. The decision of the Government thereon shall be final.

Propagation of sectarian creeds, etc. – No Government servant shall propagate such sectarian creeds or take part in such sectarian controversies or indulge in such sectarian partia1ity and favoritism as are likely to affect his integrity in the discharge of his duties or to embarrass the administration or create feelings of discontent or displeasure amongst the Government servants in particular and amongst the people in general.

Nepotism, favoritism and, victimization, etc. – No Government servant shall indulge in parochialism, favoritism, victimization and willful abuse of office.

Whereas it is expedient and necessary to establish an independent Anti-corruption Commission to prevent corruption and other corrupt practices in the country and to conduct inquiry and investigation for other specific offences and to enact other relevant matters; therefore, it is enacted as follows:

1. Short title, application and inception

(1) This law shall be called the Anti Corruption Commission Act, 2004,

(2) It shall be applicable to whole of the country.

(3) It shall be effective on the date determined by the government by official gazette notification.

2. Definitions

Unless there is anything contrary to the subject or context in this law –

(a) ‘Commission’ means the Anti-Corruption Commission established under section 3;

(b) ‘Commissioner’ means the Chairman or any other Commissioner of the Commission.

(c) ‘Chairman’ means the Chairman of the Commission.

(d) ‘Schedule’ means the schedule to this law

(e) ‘Corruption’ means the offences set out in the schedule to this law

(f) ‘Determined’ means determined by rules;

(g) “Code of Criminal Procedure” means the Code of Criminal Procedure, 1898(XV of 1898);

(h) “Selection Committee” means the Selection Committee constituted under section 7;

(i) “Bureau of Anti-Corruption” means the Bangladesh Bureau of Anti-Corruption constituted under the Anti-corruption Act, 1957 (XXVI of 1957);

(j) “Rules” means rules enacted under this law;

(k) “Secretary” means the Secretary of the commission appointed under section 16;

(l) “Special Judge” means a Special Judge appointed under section 3 of the Criminal Law Amendment Act, 1958 (XL of 1958).

3. Establishment of Commission, etc.

Prepared by International Business and Technical Consultants

(1) After this law has come into force, the government shall as soon as possible through an official gazette notification establish a commission named the Anti-Corruption Commission to meet the objectives of this law.

(2) This commission shall be independent and impartial.

Annotation:

An earlier version of the bill leading to this Act provided that the current Bureau of Anti- Corruption (“BAC”) would be dissolved when this Act came into force. The bill also provided that when the Act came into force, a selection process would begin, leading eventually to the appointment of the new Anti-Corruption Commission (“ACC”). The result of this was to create a vacuum during the selection period – the BAC would be dissolved but the ACC would not yet be established.

The bill was amended and the Act now provides under s. 35(1) (a) that the BAC stands dissolved when the Commission is established under s. 3. The drafters’ intention was to eliminate the vacuum. However, it is not perfectly clear what in law amounts to the establishment of the Commission under s. 3. Recommendation:

The Ministry of Law, Justice and Parliamentary Affairs (Mol) should be asked for an opinion in writing that in law the Commission is established under s. 3 when the Commissioners and the Chairman have been named by the President under ss.5 and 6 and gazette notification given under these sections.

At a later date, the Act should be amended to resolve any ambiguity.

4. Office of the Commission

The head office of the commission shall be in Dhaka and the commission, if it deems necessary, may establish a branch office at any place in the country.

5. Formation of the Commission, etc.

(1) The commission shall consist of three commissioners and the President shall appoint a chairman from among them.

(2) No action or proceeding of the commission shall be deemed illegal on the grounds of a vacancy in the position of any commissioner or any defect in constituting the commission nor shall this be questioned in a court of law.

Annotation: The intention of this section may have been to protect the Commission and its decision from challenges based on minor defects in the process of constituting the Commission.

However, the broad language of this section is open to the interpretation that the no person may challenge the constitution of the commission no matter how serious the defect. On the face of it, it would permit the Government to avoid the Selection Committee altogether or to appoint an unqualified person. It may be argued that judicial review would nonetheless be available to substantive defects. Prepared by International Business and Technical Consultants Recommendation:

Mol should be asked to provide an opinion in writing stating that this provision does not immunize the decisions of the Commission from substantive defects in the selection process.

At a later date, the Act should be amended to make it clear that this section applies only to procedural defects.

6. Appointment and tenure of the Commissioners

(1) The commissioners shall be appointed by the President on the recommendation of the Selection Committee constituted under section 7.

(2) The commissioners shall serve full time.

(3) Subject to the provisions of section 10, the commissioners shall hold office for a period of four years from the date of their appointment.

(4) The Commissioners shall not be eligible for re-appointment after the expiry of their tenure Annotation: Apart from resignation or removal for cause, the terms of all Commissioners will expire on the same date. The result is that every four years the Commission will have to make a new start with a new Chairman and a new set of Commissioners. The better practice would be for Government to make the initial appoints for periods of up to four years, so that Commissioners would depart one at a time. In this way, at any point in time there will experienced Commissioners.

In addition, there seems no reason why a good Commissioner should not be reappointed. In an ideal situation, some Commissioners would have the confidence of all stakeholders and their reappointment would be welcomed.

Recommendation: At a later date, the Act should be amended to provide that “the commissioners shall hold office for a period of up to four years from the date of their appointment; provided that the first appointments under this Act shall be for a period of four years for the Chairman and one of the Commissioners and for a period of two years for the third Commissioner”. Ss. 6(4) should be deleted.

7. Selection Committee

(1)In order to make recommendation for the appointment of commissioners, a Selection Committee of five members shall be constituted as follows,

(a) A Judge of the Appellate Division, nominated by the Chief Justice;

(b) A Judge of the High Court Division, nominated by the Chief Justice;

(c) The Comptroller and Auditor General of Bangladesh; Prepared by International Business and Technical Consultants

(d) The Chairman of the Public Service Commission; and

(e) The latest retired Cabinet Secretary.

Provided that, if the above-mentioned retired Cabinet Secretary is not available or declines the appointment, then the retired Cabinet Secretary who immediately preceded him shall be appointed.

It is further provided that, if the above-mentioned retired Cabinet Secretary is not available or declines the appointment, then the current Cabinet Secretary shall be appointed.

(2) The Judge of the Appellate Division nominated by the Chief Justice shall be the Chairman of the Selection Committee.

(3) The Cabinet Division shall provide necessary secretarial assistance to the Selection Committee.

(4) In order to make recommendations for the appointment of commissioners, the Selection Committee on the basis of the decision of at least three members present shall make a list of two names for each vacant post of commissioner and shall send the list to the President for appointment under section 6.

Annotation: It is not clear whether the President is to choose from two names for any given post or whether he can choose from the whole list. It is not clear why the President should be limited.

Recommendation: The section should be amended to make it clear that the President chooses from the whole list.

(5) The quorum of the Selection Committee shall be four (4) members.

Annotation: This section makes no provision for participation by civil society in the selection process. This may give the appearance of lack of neutrality in the appointment process. Recommendation: At a later stage, the Act should be amended to provide for the appointment to the Selection Committee of at least one qualified person from civil society.

8. Qualifications, disqualifications of the Commissioners, etc.

(1) Any person having at least 20 (twenty) years experience in law, education, administration, judiciary or a disciplined force shall be eligible for the post of commissioner.

(2) A person shall be disqualified for appointment as a Commissioner, if he –

(a) Is not a citizen of Bangladesh?

(b) Is declared or identified as a defaulter by any bank or financial institution. Prepared by International Business and Technical Consultants

(c) Is not relieved of the obligations under bankruptcy after he has been declared bankrupt by any court.

(d) Has been found guilty and convicted by a court of law on charges of moral turpitude or corruption.

(e) Is in government service.

(f) is unable to carry out duties of the commission due to physical or mental infirmity.

(g) Has received major punishment in a departmental case.

Annotation: It would be better for the section to state in positive terms the qualities that the Selection Committee should look for in candidates.

This section precludes from appointments many members of civil society. For example, persons whose experience is in science, engineering, business, journalism or the arts are all excluded. This will rule out many qualified candidates, some of whom might make. It makes it appear that the process is dominated by persons from the very groups the Commission is to investigate and make it harder for the Commission to establish credibility with civil society.

There is no provision for asset declarations for commissioners. It will damage their credibility in assessing whether others have assets in excess of known sources of income if their own position has not been assessed.

Recommendation: At a later stage, the Act should be amended to provide a positive statement of the qualifications of commissioners, for example: “Any person of excellent character, respected reputation and proven competence shall be eligible for the post of commissioner, provided that .

Permit the appointment of any qualified person provided he or she is not otherwise disqualified.

Provide for asset declarations in satisfactory form for all commissioners.

9. Non-eligibility of the Commissioners

At the end of his/her tenure, a commissioner shall not be eligible to hold any profitable office in the service of the Republic.

Annotation: The intention of this section was probably to reduce the risk of compromising the neutrality of Commissioners through improper promises of future employment. Read together with s. 8, its practical effect may be to implement indirectly an age restriction, since younger persons who are or might wish to be in the service of the republic will be discouraged from applying. A ‘cooling off period’ should suffice to deal with any improper incentives.

Recommendation: At a later stage, the Act should be amended to provide that “a commissioner shall not be eligible to hold any profitable office for a period of three years”.

Prepared by International Business and Technical Consultants

10. Resignation and removal of the Commissioners

(1) A Commissioner may resign from his/her office by giving one (1) month’s prior notice to the President.

Provided that commissioners other than the chairman shall send a copy of the resignation letter to the chairman for his information.

(2) Notwithstanding resignation under sub-section (1), the President may if necessary request the resigning commissioner to continue his/her duties until the formal acceptance of the resignation.

(3) No commissioner shall be removed from office except on similar grounds and in accordance with the similar procedures as apply to the removal of a judge of the Supreme Court.

Annotation: The provision will be difficult to administer if it is ever invoked. If the intention is to utilize the exact same grounds and procedures as are used for the contemplated removal of Supreme Court judges, it confuses judicial and executive processes and will require ad hoc adaptation of judicial council procedures. If what is contemplated are the ‘same kind of procedures’, it is not clear what procedures would meet that test.

Recommendation: At a later stage, the Act should be amended to provide that:

No commissioner may be removed from office except for just cause, including dishonesty, misconduct or gross negligence in the execution of his/her duties;

No commissioner may be removed only by reason of a decision made in good faith in the execution of his/her duties; and the decision should be made after due inquiry by an impartial panel of three persons appointed by the Selection Committee.

11. Temporary vacancy in the post of Commissioner

Subject to the provisions of this Act, if any commissioner dies, resigns or is removed from his/her post; the President shall within thirty days after the post has become vacant appoint a competent person to the post of commissioner.

Annotation: The Act does not clearly provide for the convening under s. 7 of a Selection Committee to make recommendations for new appointments.

Recommendation: At a later stage, the Act should be amended to provide that all appointments are made on the basis of recommendations made by a Selection Committee appointed under s. 7.

12. Chief Executive

(1) The chairman shall be the chief executive of the commission; and in case of his inability to perform his duties because of resignation, removal, absence, illness or any other reason, the Prepared by International Business and Technical Consultants President may ask any commissioner to assume temporarily the responsibilities of chairman.

(2) Other commissioners shall carry out the duties entrusted to them under the overall supervision and control of the chairman and the commissioners shall be accountable to the chairman.

Annotation: Some of the work of the Commissioners will be administrative in nature. In these matters, it is reasonable to provide that they act under the overall supervision and control of the chairman. However, other powers of the functions of Commissioners are quasi-judicial in their nature, for example, in making decisions as to whether to launch and inquiry or investigation, or to issue a warrant. In such matters, each Commissioner should make his/her own decision, with a majority rule where appropriate. This section is open to the interpretation that the Chairman could control such matters.

Recommendations: At a later stage, the Commission should make rules on how it will proceed in administrative and quasi-judicial matters. It should be made clear that each commissioner is independent in making quasi-judicial decisions under the Act. If necessary, a clarifying notification to that effect should be issued under s. 36.

13. Pay, allowances etc. of the Commissioners

The pay, allowances and other benefits of the chairman and commissioners shall be determined by the government.

Annotation: There should be special service rules for the commissioners to permit them to be compensated at rates that are competitive with the private sector. Otherwise, it will be impossible to attract good people except those who are already eligible for retirement. This has been done for WASA and other bodies.

Recommendation: After conducting a compensation review, the Government should enact special service rules to provide for compensation competitive with the public sector.

14. Meetings of the Commission

(1) Subject to the other provisions of this Act, the commission shall determine the procedures to be followed at its meetings.

(2) All meetings of the commission shall be held at the place and time determined by the chairman.

(3) The chairman shall preside over all the meetings, and in his/her absence, a commissioner nominated by the chairman shall preside over the meeting.

(4) The presence of two commissioners including the chairman will form the quorum of a meeting. Prepared by International Business and Technical Consultants

15. Decisions of the Commission

(1) All decisions of the commission shall be taken at its meetings

(2) The commission:

(a) For the purpose of discharging its responsibility shall make decisions and formulate recommendations regularly at its meetings.

(b) Shall regularly monitor whether the decisions and recommendations are being properly implemented; and

(c) Shall evaluate these in meetings of the commission every three (3) months.

Annotation: There is nothing in the Act to preclude the commissioners or other personnel from acting in matters in which they have a conflict of interest and duty.

Recommendation:

The Act should be amended to provide that no commissioner or other personnel shall take part in any inquiry, investigation or prosecution in which they have or appear to have a conflict of interest.

The commission should develop a detailed Code of Conduct identifying conflict of interest and other matters that may arise and providing commissioners and other personnel with guidance on how they are to be resolved.

16. Recruitment of the secretary, officers – employees etc. of the Commission

(1) There shall be a secretary who shall be appointed by the commission.

(2) The duties and responsibilities of the secretary, as directed by the chairman, shall be to prepare the agenda and proceedings of meetings, fix the date and time of meetings, keep a record of the actions of the commissioners, preserve relevant documents, and carry out other duties as directed by the commission.

(3) The commission may for the successful and efficient conduct of its work, appoint the necessary number of officers and personnel to carry out its work efficiently.

(4) The appointment and terms and conditions of the secretary and other personnel of the commission shall be determined by rules and until the formulation of such rules, the commission may, subject to the approval of government, determine these matters by administrative order.

17. Functions of the Commission

Prepared by International Business and Technical Consultants

The Commission may discharge any or all of the following functions:-

(a) Inquiry and investigation into the offences set out in the schedule.

(b) File and conduct cases under this Act on the basis of investigation and inquiry under clause (a).

(c) Inquire into any allegation of corruption on its own initiative, or upon an application filed by an aggrieved person or by any person on his/her behalf.

(d) Perform any duty entrusted to the commission by anti-corruption laws.

(e) Review the legally accepted measures for preventing corruption and submit recommendations to the President their effective implementation.

(f) Carry out research on the prevention of corruption and submit recommendations to the President regarding the actions to be taken on the basis of the research findings.

(g) Promote the values of honesty and integrity in order to prevent corruption and take measures to build up mass awareness against corruption.

(h) Arrange seminars, symposiums, workshops etc. on subjects falling within the jurisdiction of the commission.

(i) Identify the sources of different types of corruption existing in Bangladesh against the backdrop of the country’s socio-economic conditions and present to the President any recommendations for appropriate action.

(j) Inquire into corruption, investigate, file cases and determine the process of approval by the commission in respect of such inquiry, investigation and filing of cases.

(k) Perform any other work considered necessary for the prevention of corruption. Annotation: The manuals of procedure for the BAC have not been regularly consolidated and updated. In any case, they do no provide guidance on important policy matters that the Commission will now want to consider. In the matter of complaints, for example: how will complaints be received? By whom? How will they be screened and designated for rejection or investigation? In accordance with what criteria? In the matter of prosecutions, for example, what standard is to be applied to determine whether a case should be brought to court: all cases investigated? Only those showing a reasonable prospect of conviction? Only serious matters? Serious in what way? Effective performance of the commission’s functions depends on good delegation, which in turn depends on clear policy. Persons to whom authority is delegated need to have clear guidance in matters of policy and procedure they are to act appropriately.

Recommendation: The Commission should assign high priority to developing manuals of policy and procedure for its principal functions.

18. Exercise of Powers by the Commission

Subject to provisions of this law, any commissioners or any officer of the commissioner shall exercise such powers as and functions as may be assigned to him/her by the commission.

Annotation: The Act quite properly provides for delegation of responsibility. This will be an improvement over current practices in which delegation is more difficult and the handling of Prepared by International Business and Technical Consultants matters tends to be slow. As noted above, good delegation depends on the development of clear policies to guide the exercise of delegated powers. Delegations should be minimal at the outset, limited to more routine matters, while policies are being developed and staff is trained. Over time, more substantial delegations will be possible. In any case, delegations should be clearly recorded in a manual of procedure and updated from time to time.

Recommendation: Manuals of policy and procedure should deal with the delegation of authority.

19. Special powers of the Commission in respect of inquiry or investigation

(1) In respect of any inquiry or investigation into allegations of corruption the Commission shall have the following powers, namely: –

(a) Summons witnesses, ensure their appearance and interrogate them under oath.

(b) Discover and present any document.

(c) Take evidence under oath.

(d) Call for public records or its certified copies from any court office.

(e)Issue warrants for the interrogation of witnesses and the examination of documents.

(f)Any other matter required for realizing and fulfilling the aims and objectives of this law.

Annotation: This section makes no reference to the constitutional protections relating to self crimination the right to counsel. Nor does it refer to general penal law providing, for example, for cautions to persons accused of crimes. The exercise of these powers in violation of the constitutional provisions will be judged invalid.

Recommendation:

the Commission in its manuals of policy and procedure should make it clear that its powers can only properly be exercised in accordance with the constitutional protections and should clearly explain how that is to be done; for example, no person accused a crime should be interrogated under oath or induced to give The Commission’s training programs should qualify officers to act in accordance with the rights of accused persons and others.

(2) The commission may require any person to furnish information in matters relating to any inquiry or investigation and any person so directed is obliged to furnish information available to him.

Annotation: The Act makes no provision for the resolution of possible conflicts arising out of official secrets, legal and professional privilege or banking privilege. In what circumstances will documents so protected be subject to disclosure to the Commission? What protections will be provided to such documents when they are produced for examination by the Commission? Prepared by International Business and Technical Consultants Recommendation: The Commission should early on consider this matters and resolve as many issues as possible through its own rules and memoranda of understanding (for example, with the Government to provide for the release of classified documents and bank authorities in connection with accounts). Matters that cannot be resolved in this way may require amendment to legislation.

(3) Any person obstructing an official legally empowered by the commission or a commissioner in the exercise of his powers under this sub-section (1) or any person deliberately violating any order given under that sub-section commits a punishable offence is liable to a term of imprisonment of not more than three (3) years or a fine or both.

20. Power of Investigation

(1) Notwithstanding anything in the Code of Criminal Procedure, corruption shall be the subject matter of investigation by the commission alone.

(2) The commission may through an official gazette notification empower a subordinate officer of the commission the power to investigate corruption under sub-section (1).

(3) For the purpose of investigation into offences under this law, an officer empowered under subsection (2) shall have the power of an officer-in-charge of a police station.

(4) Besides the provisions of sub-sections (2) and (3), the commissioners shall also have the power to investigate any offence under this law.

21. Power of Arrest

Notwithstanding any other provision of this law, if any officer empowered by the commission has justifiable reasons to believe that a person in his/her name or in the name of others is the owner or in possession of moveable or immoveable property not compatible with known and declared sources of his/her income, then subject to the permission of the court the officer can arrest that person.

Annotation: The Act does not provide for the circumstances in which such a person can be arrested, for what purpose or the period of detention. As arrest is a grave step, there should be clarity on these issues.

Recommendation: The Commission should by rule clarify how this power of arrest is to be exercised.

22. Hearing of the Accused Person

If during the inquiry or investigation into allegations of corruption, the commission considers that it is necessary to hear any person involved in the allegations, then that person shall be given a reasonable opportunity to be heard.

23. Investigation on complaint

(1) During any inquiry or investigation into allegations of corruption, the commission may call for any information from the government or from any authority or organization under the government, Prepared by International Business and Technical Consultants and if such information is not received within the time provided, then the commission may at its own initiative inquire into and investigate the allegations.

(2)During any inquiry or investigation into allegations of corruption by the commission on its own initiative, the government or the concerned authority or organization under the government shall cooperate with the commission in the manner determined by ordinary or special orders of the commission.

24. Freedom [or ‘independence’] to perform duties

The commissioners shall be free to discharge their duties under this Act subject to its terms.

25. Financial freedom (or, ‘independence’)of the Commissioners

(1) The government shall allocate a certain sum in favor of the commission for expenditure. It shall not be necessary for the Commission to obtain any permission in advance from the government in order spend the allocated money.

(2) This section shall not be construed as limiting rights of the Comptroller and Auditor General under Article 128 of the Constitution.

26. Declaration of properties

(1) If the commission is satisfied on the basis of its own information and after necessary investigation that any person or any other person on his behalf is in possession or has obtained ownership of property not consistent with his legal sources of income then the commission through an order in writing shall ask that person to submit a statement of assets and liabilities in the manner determined by the commission and to furnish any other information mentioned in that order.

(2) If any person –

(a) After having received an order mention in sub-section (1) fails to submit the written statement or furnish the information accordingly or submits any written statement or provides any information that is false or baseless or there are sufficient grounds to doubt their veracity or

(b) Submits any book, account, record, declaration, return or any document under sub-section (1) or gives any statement that is false or baseless or there are sufficient grounds to doubt its veracity, then that person will be sentenced to a prison term of up to three (3) years or a fine or both.

27. Possession of Property in Excess of Known Sources of Income

(1) If there are sufficient and reasonable grounds to believe that a person in his/her own name or any other person on his/her behalf is in possession and has obtained ownership of moveable or immoveable property through dishonest means and the property is not consistent with the known Prepared by International Business and Technical Consultants sources of his/her income and if he/she fails to submit to the court during trial a satisfactory explanation for possessing that property, then that person shall be sentenced to a prison terms ranging from a minimum of three (3) years to a maximum of ten years imprisonment, and these properties shall be confiscated.

(2) If it is proved during the trial of charges under sub-section (1) that the accused person in his own name or any other person on his/her behalf has obtained ownership or is in possession of moveable or immoveable property not consistent with the known sources of his/her income then the court shall presume that the accused person is guilty of the charges and unless the person rebuts that presumption in court the punishment meted out on the basis of this presumption shall not be unlawful.

28. Judgment of the offences, etc.

(1) Notwithstanding any other law, offences under this Act shall be tried before a special judge.

(2) With the exception of subsections 6(5) and (6) thereof, the Criminal Law Amendment Act of 1958 (XL of 1958) shall apply to prosecutions and appeals under this Act.

(3) In the event of any inconsistency between this Act and the Criminal Law Amendment Act 1958 (XL of 1958), this Act shall prevail.

29. Annual Report

(1) By March of every calendar year, the commission shall submit to the President a report on its activities during the previous year.

(2) After having received the report under this section, the President shall take steps to present it in the Jamey Sang sad…

30. Organizational set-up, etc of the Commission

The organizational set-up of the commission and its budget shall be determined by the government

31. Indemnity for actions performed in good faith

If any person is affected or is likely to be affected by any action taken in good faith in the discharge of duties under this Act, then neither the commission nor any commissioner, officer or employee thereof shall be liable to action under civil or penal codes or otherwise.

32. Permission of the Commission for filing cases

(1) Notwithstanding anything in the Code of Criminal Procedure or any other law now existing, it shall be obligatory to obtain t

Address Format

Who can apply?

•  Individual may apply either in person, or through a nominated third party. Prospective
employers may also apply for the disclosure.

Where?

Applicants (both Bangladeshi nationals and foreign nationals) domiciled in countries outside Bangladesh may apply in person at either:
•  The High Commission,
•  The Embassy of Bangladesh,Or contact:
•  Dhaka Metropolitan Police headquarters,
•  The Ministry of Foreign Affairs in Dhaka.
The Dhaka Metropolitan Police accepts applications from resident and non-
resident nationals of Bangladesh, including foreigners who have lived in Bangladesh for more than one year.
A prospective UK employer can submit an application for pre-employment screening purposes only via a third party. This includes the following government bodies: Department of Immigration and Passports (Ministry of Home Affairs)-Dhaka Ministry of Foreign Affairs-
Dhaka High Commission of Bangladesh-London, UK

What must the applicant supply?

•  A written order from the Honourable Court or from the directive of the government stating the purpose for the application. The Ministry of Home Affairs represents the Bangladeshi
government in this instance.
•  A completed application form (available either at a local police station in Bangladesh, or from
the appropriate High Commission or Embassy in the domiciled country)
•  A receipt for the fee deposit into the Central Bank of Bangladesh (specifically for applicants
within Bangladesh)

What are the costs / turnaround times?

•  The processing fee for a Police Clearance Certificate is BDT250 (approximately £2.50). There is no online payment facility. Payment can only be made by cash to the Central Bank of
Bangladesh.
•  In cases where a government authority is a prospective employer, there is no charge for a
Police Clearance Certificate. This is a separate and unrelated request to a PCC for a prospective
UK employer.
•  Under the guidelines of the one stop service, a Police Clearance Certificate will be is
sued within seven days. This is relevant to all applications for travel and pre-employment screening purposes. There is no added fee for this service.
•  There is no specific time-frame for applications that fall outside of the one stop service.
•  There is nofast-track system in place for the disclosure of priority cases.

Contact Details

The Dhaka Metropolitan Police headquarters in Dhaka handles applications for criminal record checks for residents and overseas individuals with in their area of jurisdiction:
36 Shahid Cap. Monsur Ali Sarani
Ramna
Dhaka-1207
Tel: + (880) (2) 831 4128
Fax: + (880) (2) 831 8210
Contact details for local police stations can be found online: www.police.gov.bd
Applications can also be submitted via the High Commission of Bangladesh in the UK. The contact details are:
28 Queens Gate
London
SW7 5JA
United Kingdom
Tel: + (44) 20 7584 0081
Fax:+(44) 20 7581 7477

Risk

Sovereign risk

The sovereign’s capacity to finance its payment commitments will be augmented by its comparatively strong balance of international payments standing and rising foreign-exchange reserves. In 2015-16 The Economist Intelligence Unit expects foreign-exchange reserves to provide around 5.7 months of import cover and consistently to exceed the gross external financing requirement by a factor of twenty.

Banking sector risk

We anticipate banks’ net foreign assets to stay positive in 2015-16. Combined with rising foreign-exchange reserves, this limits the risk that banks will be unable to obtain the foreign exchange that they need to meet their external payment obligations.

Political risk

The breakdown between two main political parties to get their long-standing differences settled over the electoral procedure continues to pose perils to stability of the country. Mass strikes are likely to remain the main tool used by the Bangladesh Nationalist Party (which boycotted the 2014 election) in 2015-16. However, we believe that the security forces will maintain basic law and order throughout the period, lessening the risk of intervention by the army.

Economic structure risk

Bangladesh’s weak infrastructure and continued reliance on textile exports will keep the score for economic structure risk high and the rating at B. Readymade garments accounted for 68% of merchandise exports in 2013 and will continue to make up a large share of total overseas sales in 2015-16.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government takes the safety and security of foreigners abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government’s policy is to provide safe transportation to the closest safe location. The Government will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Maintain a high level of personal security awareness at all times, particularly on Fridays after afternoon prayers as well as in the lead-up to and on days of national significance, such as Mother Language Day (February 21), Independence Day (March 26), Bengali New Year (April 14) and Victory Day (December 16).

Follow the advice of local authorities, monitor local media, and avoid demonstrations and large gatherings.

English language television news broadcasts are available as follows:

ATN Bangla “ 09:00 and 18:00

Bangla Vision “ 18:00

BTV “ 10:00, 16:00 and 22:00

News websites with updated content include:

Bdnews24.com

www.thedailystar.net

www.theindependentbd.com

BBC Radio has periodic English news broadcasts at 100.0 FM in Dhaka.

Demonstrations, hartals, blockades and politically motivated violence

The security situation is risky and could get worse at any time. Closely monitor local news sources for information. Political protests, nationwide hartals (enforced strikes), blocks off and violent clashes are occurring frequently and are expected to continue.

Hartals can effectively shut down all businesses and disrupt transportation, including in the diplomatic/expatriate areas. Passengers at Hazrat Shah Jalal International Airport may be stranded without transportation. During hartals and blockades, travel within Dhaka outside the Gulshan, Baridhara and Banani areas and all travel outside Dhaka is strongly discouraged due to the high incidence of violence. Road 86 north of the Gulshan 2 circle, as well as Road 79 at the corner of Gulshan Avenue, should be avoided during hartals, demonstrations or during election periods as large gatherings are frequently held there, making it difficult to pass safely.

During periods of hartals and blockades, be particularly vigilant in Dhaka around the Parliament building, the Secretariat Area, the National Mosque, Dhaka University, Purana Paltan, Naya Paltan, Motijheel, Mirpur, Kawran Bazar and Shahbag. Explosive devices and firearms have been used during confrontations between groups including rival political factions, police and demonstrators. Be aware of the potential for sudden demonstrations and violent clashes following Juma prayers (after noon) on Fridays.

Avoid all demonstrations and large gatherings, as well as areas where they are taking place, keep well informed of the situation as it unfolds by monitoring local news reports and follow the advice of local authorities.

Avoid travelling during blockades as road, rail and marine transportation may be attacked or blocked. Prepare to have sufficient food, water and fuel available as shortages may occur.

Previous violent demonstrations have resulted in several hundred reported deaths. Attacks using explosive devices occurred in crowded public places, hotels, movie theatres, railway stations, and at political rallies in cities such as Dhaka, Sylhet, Khulna, and Chittagong. During blockades, protesters set fire to vehicles, including trains, and damaged railway tracks, leading to derailments and injuries. Fire bombs thrown at a bus on February 3, 2015, left seven people dead and 16 injured. Such violence could take place again if the security situation deteriorates and disturbances resume.

Chittagong Hill Tracts region (see Advisory)

You should register at the Divisional Commissioner’s Office in Chittagong City before making your way to the Chittagong Hill Tracts region. Exercise extreme caution, maintain a high level of personal security awareness at all times, monitor local developments, and avoid crowds and demonstrations.

Crime

Violent crimes such as armed robberies and rapes occur. Foreigners are not particularly targeted, though crimes of opportunity have taken place against them in various areas, including Dhaka, Chittagong, Sylhet, Feni and Khulna.

Pickpocketing, purse snatching and mugging are common and have increased recently, especially in areas frequented by tourists and expatriates. Thieves target rickshaw, CNG (motorized rickshaw) and taxi passengers, particularly around dusk. They are also present on trains.

Cases of abduction for ransom have occurred, though they rarely involve foreigners.

Exercise caution when travelling outside urban areas. Do not show signs of wealth and do not wear jewelry. Ensure that your personal belongings, passports and other travel documents are secure at all times.

Avoid walking alone or taking public transportation after dark. Victims of crime should contact the High Commission of Canada in Dhaka for assistance before filing a police report.

Women’s safety

Women traveling alone face the highest risk of victimization. Physical and verbal harassment of women occurs. Avoid travelling alone, including on public transportation, especially at night.

Scams

Travellers have reported being scammed by security officials in the departures section of the Hazrat Shah Jalal International Airport in Dhaka. During security pat downs at the boarding gate, security officials have asked travellers if they had any money in their pockets. When travellers presented local currency, they were advised that it is illegal to export Bangladeshi taka and were asked to turn over their money. If you are confronted with this situation, you should refuse to comply and ask to speak with the Chief of Airport Security. You are also encouraged to report such incidents to the High Commission of Canada in Dhaka.

Transportation

Traffic drives on the left. Road conditions are poor. Road travel is dangerous and should be avoided after dark since many vehicles operate without headlights or with full high beams. Traffic in urban areas is extremely congested and chaotic. Road accidents causing injuries or death are common.

Ferries and long-distance buses on major roads between towns have been targeted by gangs of thieves. Exercise caution when using these means of transportation. Ferry accidents are not uncommon in Bangladesh due to the overloading and poor maintenance of some vessels. Do not board vessels that appear overloaded or unseaworthy.

Rail travel is slow and derailments occur. Ensure your compartment is locked when travelling at night.

See Transportation Safety in order to verify if national airlines meet safety standards.

General safety information

Tourist facilities are inadequate.

The work week in Bangladesh is from Sunday to Thursday.

Annual Cases

Budget Autonomy Yes
Annual Budget of the Agency
Per Capital Expenditure
Expeniture as % of the GDP
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? President of the Country
Who has the authority to remove the head of the ACA? Judiciary Commission
Is there any term limit for the head of the ACA? Yes , at the age of 65 or 5 year term.
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Full access to Government Yes

Address Format

RECIPIENT

[BUILDING]
[SUBBUILDING]
HOUSE_NUMBER STREET_NAME
LOCALITY-POSTALCODE
BANGLADESH

Sample

BEST WESTERN La Vinci Hotel
54 Kawran Bazar
Dhaka City 1215
Bangladesh

Summary

Bangladesh GDP Last Previous Highest Lowest Unit
GDP 129.86 116.03 129.86 4.30 USD Billion
GDP Growth Rate 6.01 6.32 6.71 4.08 percent
GDP Annual Growth Rate 6.12 6.01 6.71 4.08 percent
GDP Constant Prices 7745.39 7298.97 7745.39 2372.59 BDT Billion
Gross National Product 8261.49 7886.02 8261.49 2483.46 BDT Billion
GDP per capita 625.34 597.02 625.34 219.28 USD
Gross Fixed Capital Formation 3875.14 3403.70 3875.14 594.12 BDT Billion
GDP per capita PPP 2475.97 2363.83 2475.97 1067.55 USD
TOP
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