Anti-Terrorism Act, 2009 – A Critical Law for National and Financial Security
Anti-Terrorism Act, 2009 (ATA) is a landmark law enacted by the Government of Bangladesh to combat terrorism and prevent the financing of terrorist activities. The Act provides comprehensive definitions, legal procedures, and enforcement mechanisms to ensure national security and prevent the misuse of financial institutions.
Purpose of the Act
- To define and penalize terrorism and acts related to terrorism.
- To criminalize the financing of terrorism through banks or any other channels.
- To empower law enforcement agencies with tools to prevent and investigate terrorism-related offenses.
Definition of Terrorism under the Act
According to the Act, terrorism includes acts intended to threaten the unity, integrity, or security of Bangladesh, create panic among the public, or coerce the government or an international organization.
Key Features of the Act
1. Prohibition of Terror Financing
- Any person or entity involved in funding terrorist activities will be held criminally liable.
- Banks and financial institutions are required to monitor accounts and report suspicious transactions.
2. Enhanced Role of Financial Institutions
- Mandatory implementation of Customer Due Diligence (CDD).
- Regular reporting of suspicious activity to Bangladesh Financial Intelligence Unit (BFIU).
3. Powers of Law Enforcement
- Police and security agencies may arrest without warrant if someone is suspected of terrorism-related offenses.
- Seizure of assets and freezing of bank accounts are permitted under judicial oversight.
4. Penalties Under the Act
- Rigorous imprisonment ranging from 3 years to life sentence or even the death penalty in extreme cases.
- Confiscation of property and assets involved in the financing or execution of terrorist acts.
International Collaboration
The Act permits the Government of Bangladesh to cooperate with foreign countries and global organizations in efforts to prevent terrorism. Information sharing, extradition of offenders, and joint investigations are supported under the law.
Recent Amendments
The Act was amended in 2012 and 2013 to make it more comprehensive, especially in terms of financial surveillance, modern threats, and preventive measures aligned with global anti-terrorism standards (such as FATF recommendations).
Implications for Banking Sector
- Banks are now legally obliged to ensure that none of their customers or transactions support terrorism.
- Strict internal control systems are required to monitor high-risk accounts.
- Training programs must be conducted to sensitize banking staff about terror financing indicators.
Role of BFIU
The Bangladesh Financial Intelligence Unit (BFIU) plays a central role in identifying, reporting, and analyzing suspicious financial activities related to terrorism. It operates under the authority of Bangladesh Bank.
Conclusion
The Anti-Terrorism Act, 2009 stands as one of the most significant legal frameworks for preventing terrorism and protecting the financial ecosystem of Bangladesh. Compliance with this Act is mandatory for all financial institutions and professionals working in the banking and legal sectors.
