ACC Reform Proposal Seeks Legal Reach Over Overseas Offenders

Bangla Press Desk:   The Anti-Corruption Commission (ACC) is drafting fresh amendments to its law, proposing sweeping changes that would bring even crimes committed from outside Bangladesh under its jurisdiction, regardless of whether the offender is a citizen of another country.

The move comes after the ACC ordinance issued during the interim government lapsed and following a parliamentary committee recommendation for further review of several ordinances.

According to the draft proposals, any person -- citizen or non-citizen -- could be brought under the law if they commit offences inside Bangladesh or engage in corruption, money laundering or listed offences against the state from abroad.

The draft also proposes expanded powers covering confidential inquiries, enforcement drives, intelligence operations, filing of cases, asset management, and decision-making authority for the commission secretary in the absence of commissioners.

ACC Secretary Mohammad Khaled Rahim told reporters on Thursday that no formal amendment process has begun yet.

“We are always prepared informally. We have been working in that way. But officially nothing has started,” he said, adding that no instruction had been received from the Cabinet Division.

Another ACC official, speaking on condition of anonymity, said discussions were under way to incorporate useful provisions from the now-lapsed ordinance into a new law.

“Some provisions were good. The government is considering whether they can be included in a new law,” the official said.

Under the proposed changes, the definition of “property” would be significantly expanded to include tangible and intangible assets both inside and outside the country, including cash, electronic instruments and any document representing ownership or interest.

The draft also introduces the concept of “confidential inquiry”, allowing the commission or authorised officers to conduct undercover investigations, verify information and gather evidence while concealing identity.

It further clarifies the distinction between preliminary inquiries and formal investigations once complaints are registered.

The scope of ACC jurisdiction is also proposed to be widened beyond existing anti-money laundering provisions to include fraud involving public assets, forgery, customs and tax offences, currency trafficking and capital market crimes.

Other proposed reforms include reducing the tenure of commissioners from five years to four, and introducing stricter eligibility criteria, including restrictions on foreign citizenship, residency or unauthorised overseas investment.

The draft also seeks to remove the 120-day deadline for completing investigations, citing complications in complex financial and cross-border cases, though concerns remain over possible delays.

The ACC has been without a chairman and commissioners for 71 days after all three members resigned on Mar 3.

Since then, administrative functions and complaint screening have continued, but no new investigations or cases are being formally initiated without commission approval.

Under the draft, in the event of a complete vacancy, the commission secretary would be empowered to take decisions in consultation with directors general, with such decisions later deemed equivalent to those of the commission.