AML & ATF Division Corporate Office, Dhaka Punishments as per Money Laundering Prevention Act. 2012 SL No. 01 Nature of Offence Offence of Money Laundering (Section 4) Punishment Minimum 4 to maximum 12 years of imprisonment 02 Failure to comply with Freeze or Attachment order (Section 5) Up to 3 Years of imprisonment 03 Divulging (disclose) Information (Section 6) Up to 2 Years of imprisonment 04 Hindrance to Investigation/noncooperation, failure to provide report or information (Section 7) Providing false information (Section 8) Up to 1 year of imprisonment 05 Up to 3 Years of imprisonment Monetary Penalty Twice the value of property involved or Tk. 10 lacs for Individual and Tk. 20 Lacs for Entity, whichever is greater, in addition to the imprisonment. Equivalent to the value of the property subject to freeze or attachment OR WITH BOTH imprisonment and fine. Up to Tk. 50 thousand OR WITH BOTH imprisonment and fine. Up to Tk. 25 thousand OR WITH BOTH imprisonment and fine. Up to Tk. 50 thousand OR WITH BOTH imprisonment and fine. Punishment as per ATF (Amended) Act. 2013 SL No. 01 Nature of Offence Murder, grievous physical injury, enclose, kidnap or attempt of these with any person by any individual, entity or foreign national under the provision of Section 6, Sub-Section 1.Ka.Aw Punishment Death Sentence or Life Sentence and additional monetary penalty 02 Accomplice to murder, grievous physical injury, enclose, kidnap of any person by any individual, entity or foreign national under the provision of Section 6, Sub-Section 1.Ka.Aa Damaging or attempting to damage the property of any individual, entity or Republic by any individual, entity or foreign national under the provision of Section 6, Sub-Section 1.Ka.E Minimum 4 years to maximum 14 years of rigorous imprisonment and additional monetary penalty Conspiring or assisting or instigating in damaging or attempting to damage the property of any individual, entity or Republic by any individual, entity or foreign national under the provision of Section 6, Sub-Section 1.Ka.Ee Using or possessing any fire arms, explosive substance, and inflammable substance in purporting the acts mentioned in Sub Section 1.Ka - Aw, Aa, E & Ee by any individual, entity or foreign national under the provision of Section 6, Sub-Section 1.Ka.U Crimes under Section 6, Sub-Section 1.Ka, 1.Kha, 1.Ga, 1.Gha, 1.Uma and 1.Cha committed by any individual or foreign citizen Minimum 4 years to maximum 14 years of rigorous imprisonment and additional monetary penalty 03 04 05 06 07 For the offence of Terrorist Financing by an Entity Minimum 4 years to maximum 14 years of rigorous imprisonment and additional monetary penalty Minimum 4 years to maximum 14 years of rigorous imprisonment and additional monetary penalty Minimum 4 years to maximum 14 years of rigorous imprisonment and Monetary Penalty of 2 times value of the property related to the offence or Tk. 10 lacs whichever is higher Ban the entity under the provision of Section 18 and monetary penalty of 3 times value of the property related to the offence or Tk. 50 lacs, whichever is higher. For the Head of the entity, minimum 4 years to maximum 14 years of rigorous imprisonment and monetary penalty of 2 times value of the property related to the offence or Tk. 20 lacs whichever is higher. Power of BFIU to penalize the Banks under the provision of Section 23 & 25 of MLPA 2012 If any Bank fails to provide with the requested information timely, BFIU may impose fine on such Bank at the rate of Tk. 10 thousand per day up to a maximum of Tk. 5 lacs. And if any Bank is fined more than 3 times in a 1 financial year, BFIU may suspend the license of the Bank. If any Bank provides with false information or statement, BFIU may impose a fine of minimum Tk. 20 thousand but not exceeding Tk. 5 lacs. And if any Bank is fined more than 3 times in a 1 financial year, BFIU may suspend the license of the Bank. If any Bank fails to comply with any instruction given by BFIU under this Act, BFIU may impose fine on such Bank at the rate of Tk. 10 thousand per day for each day of such noncompliance up to a maximum of Tk. 5 lacs. And if any Bank is fined more than 3 times in a 1 financial year, BFIU may suspend the license of the Bank. If any Bank fails to comply with any order for freezing or suspension of transaction issued by BFIU, BFIU may impose a fine on such Bank not less than the balance held on that account but not more than twice of the balance held at the time of issuing the order. As per Sub Section 1 of Section 25, Bank shall have the following responsibilities in the prevention of Money Laundering – a. To maintain complete and correct information with regard to the identity of its customers during the operation of their accounts b. If any account of a customer is closed, to preserve previous records of transactions of such account for at least 5(five) years from the date of such closure c. To provide with the information maintained under the above two responsibilities to BFIU from time to time, on its demand d. If any doubtful transaction or attempt of such transaction as defined under clause “Ja” of Section 2 is observed, to report the matter as “suspicious transaction report” to BFIU immediately on its own accord. If any Bank violates the provision of the above mentioned Sub Section, BFIU may impose a fine of at least Tk. 50 thousand but not exceeding Tk. 25 lacs on such Bank and in addition, cancel the license of the Bank.