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1.3 What is Money Laundering?
Money laundering can be defined in a number of ways. But the fundamental
concept of Money laundering is the process by which proceeds from a criminal
activity are disguised to conceal their illicit origins. Most countries subscribe to
the definition adopted by the United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances (the Vienna Convention, 1988) and
the United Nations Convention against Transnational Organized Crime (the
Palermo Convention, 2000). The definition of money laundering as per the above
UN Convention is as follows:
The conversion or transfer of property, knowing that such property is
derived from any offense, e.g. drug trafficking, or offenses or from an
act of participation in such offense or offenses, for the purpose of
concealing or disguising the illicit origin of the property or of assisting
any person who is involved in the commission of such an offense or
offenses to evade the legal consequences of his actions;
The concealing or disguising of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property,
knowing that such property is derived from an offense or offenses or
from an act of participation in such an offense or offenses, and;
The acquisition, possession or use of property, knowing at the time of
receipt that such property was derived from an offense or offenses or
from an act of participation in such offense or offenses.
The Financial Action Task Force on Money Laundering (FATF), which is
recognized as the international standard setter for anti-money laundering
(AML) efforts, defines the term “money laundering” succinctly as “the
processing of criminal proceeds to disguise their illegal origin in order to
legitimize the ill-gotten gains of crime.”
According to the Section 2 of the Money Laundering Prevention Act, 2012 –
“Money Laundering” means –
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(i) knowingly move, convert, or transfer proceeds of crime or property
involved in an offence for the following purposes:
(1) concealing or disguising the illicit origin/nature, source, location,
ownership or control of the proceeds of crime; or
(2) assist any person for evading the legal consequences of his or
her action who is involved in the commission of the predicate
offence;
(ii) smuggle funds or property abroad earned through legal or illegal
means;
(iii) knowingly transfer or remit the proceeds of crime into or out of
Bangladesh with the intention of hiding or disguising its illegal source;
(iv) conclude or attempt to conclude financial transactions in such a
manner as to avoid reporting requirement under this Ordinance.
(v) convert or movement or transfer property with the intention to
instigate or assist the carrying out of a predicate offence;
(vi) acquire, possess or use property, knowing that such property is the
proceeds of a predicate offence; or
(vii) perform such activities so that illegal source of the proceeds of crime
may be concealed or disguised; or
(viii) participate in, associate with, conspire to commit, attempt to commit
or abet, instigate or counsel to commit any offences mentioned above.
1.4 What Is Terrorist Financing
Terrorist financing can be simply defined as financial support in any form of
terrorism or of those who encourage, plan, or engage in terrorism. The
International Convention for the Suppression of the Financing of Terrorism
(1999), United Nations defines TF in the following manner:
1. If any person commits an offense by any means, directly or indirectly,
unlawfully and willingly, provides or collects funds with the intention that
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they should be used or in the knowledge that they are to be used, in full
or in part, in order to carry out:
a. An act which constitutes an offence within the scope of and as
defined in one of the treaties listed in the annex to the
convention; or
b. Any other act intended to cause death or serious bodily injury
to a civilian, or to any other person not taking any active part
in the hostilities in a situation of armed conflict, when the
purpose of such act, by its nature or context, is to intimidate a
population, or to compel a government or an international
organization to do or to abstain from doing an act.
2. For an act to constitute an offense set forth in the preceding paragraph 1,
it shall not be necessary that the funds were actually used to carry out an
offense referred to in said paragraph 1, subparagraph (a) or (b)1
.
Some countries face difficulties in defining terrorism as not all countries
have adopted the conventions agreed on specifically what actions
constitute terrorism. In addition, the meaning of terrorism is not
universally accepted due to significant political, religious and national
implications that differ from country to country. FATF, which is recognized
as the international standard setter for combating financing of terrorism
(CFT) efforts, does not specifically define the term financing of terrorism
in its nine Special Recommendations on Terrorist Financing (Special
Recommendations). Nonetheless, FATF urges countries to ratify and
implement the 1999 United Nations International Convention for
Suppression of the Financing of Terrorism. Thus, the above definition is
the one most countries have adopted for purposes of defining terrorist
financing.
According to the section 7 of the Anti Terrorism Act, 2009 (including
amendment of 2012), financing of terrorism means:

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International Convention for the Suppression of the Financing of Terrorism (1999), Article,
http://www.un.org/law/cod/finterr.htm. The treaties referred to annex in subparagraph 1(a) shall be
availableinthisweblink.
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(1) If any person or entity knowingly supplies or expresses the intention to
supply money, service, material support or any other property to
another person or entity and where there are reasonable grounds to
believe that the full or partial amount of the same have been used or
may be used for any purpose by an individual terrorist, terrorist entity or
terrorist group or terrorist organization then he or she or the said entity
shall be treated committing the offence of financing for terrorist
activities.
(2) If any person or entity knowingly receives money, services, material
support or any other property from another person or entity and where
there are reasonable grounds to believe that full or partial amount of the
same have been used or may be used for any purpose by an individual
terrorist, terrorist entity or terrorist group or terrorist organization, then
he or she or the said entity shall be treated committing the offence of
financing for terrorist activities.
(3) If any person or entity knowingly makes arrangements for collecting
money, services, material support or any other property for another
person or entity and where there are reasonable grounds to believe that
the full or the partial amount of the same have been used or may be
used for any purpose by an individual terrorist, terrorist entity or
terrorist group or terrorist organization then he or she or the said entity
will be treated committing the offence of financing for terrorist activities.
(4) If any person or entity knowingly instigate in such a manner, another
person or entity to supply, receive, or arrange money, services, material
support or any other property and where there are reasonable grounds
to believe that the full or the partial amount of the same have been used
or may be used for any purpose by an individual terrorist, terrorist entity
or terrorist group or terrorist organization then he or she or the said
entity will be treated committing the offence of financing for terrorist
activities.

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