Reform Initiated Archives | Page 5 of 7 | Reform Tracker Bangladesh

Registered political parties to be brought under the Right to Information Act, 2009.

The ACC must establish its own fund. The government-approved annual budget should be deposited into this fund. Additionally, at least 10% of the fines or confiscated amounts of money collected in ACC cases must be deposited into this fund.

The current vacant positions in the ACC must be filled up without delay. Additionally, to implement the recommendations of the ACC Reform Commission, a new organogram including required human resources must be enforced as soon as possible.

Section 309 of the Income Tax Act, 2023, should be amended to ensure that the confidentiality provision of this section does not apply to any information or documents requested by the ACC. (Currently, under Section 309, statements, tax returns, accounts, or documents prepared or submitted under the Income Tax Act are considered confidential. Without a court order, the NBR cannot provide these to the ACC. Before the enactment of this law, the ACC could obtain such information or documents from the NBR without requiring a court order. This has become impossible under the new law.)

For investigating grand corruption cases or corruption involving high-profile individuals, particularly money laundering, the ACC should form separate Task Forces for each investigation. These Task Forces should be led by the ACC and include senior officials from relevant agencies.

Through the signing of Memorandums of Understanding (MoU), focal persons must be designated, authorised by respective agencies such as NBR, CID, BFIU, and the Directorate of Registration to assist the ACC in its work.

“Special Judge Courts” must be established without delay in every district where ACC offices currently exist. In other districts where new ACC offices will be established as recommended under this report, special judge courts should also be promptly set up.

Section 32A of the Anti-Corruption Commission Act, 2004, should be repealed. (Under this section, the ACC is required to obtain prior approval from the government before filing a case against any judge, magistrate, or government employee, consistent with Section 197 of the Code of Criminal Procedure.)

The proposed “Selection and Review Committee” will review ACC activities by following these procedures: * Every six months, the ACC will prepare a performance report and submit it to the proposed Selection and Review Committee. * The format of the report will be determined by the Committee but must include: i) Number of complaints received and forwarded for investigation after initial scrutiny. ii) A brief explanation of why complaints were accepted or rejected. iii) Number of ongoing cases categorised by the nature and extent of corruption. iv) Number and types of ongoing covert investigations. v) Details of ACC’s actions regarding serious and large-scale corruption allegations reported in the media. vi) Progress report on investigations and trials related to money laundering crimes. vii) Updates on cooperation with various government and state agencies. viii) Reports on corruption prevention activities. ix) Progress on addressing internal corruption within the ACC itself. x) A description of ACC’s corruption prevention initiatives. * The Committee will organise public hearings based on the reports submitted by the ACC. * The Committee will, to the extent possible, allow participation and comments from representatives of civil society, media, and non-governmental organisations during the hearings. * After the hearings, the Committee will issue a written review report. * The Committee will ensure that the public hearings do not compromise the confidentiality of any ongoing investigation or inquiry, nor trigger discussions on specific allegations or cases. * The Committee will formulate a Standard Operating Procedures (SOP) for the public hearings and ensure their proper adherence.

The proposed “Selection and Review Committee” will follow the procedure outlined below to recommend names for appointment as Commissioner(s): * Publish notices in newspapers and online, inviting applications or nominations for the position of Commissioner. * Each applicant or nominee must submit a detailed declaration of the candidate’s assets and liabilities, along with a complete curriculum vitae including two referees. * From the applications and nominations received, the Committee will prepare a preliminary list of candidates who meet the qualifications for the position. The Committee may also include names of candidates of its own initiative. * Based on evaluation criteria determined by the Committee, a shortlist will be created from the preliminary list. Shortlisted candidates will be invited for interviews. * During the interviews, the Committee will assess each candidate’s qualifications, skills, integrity, and future plan as an ACC Commissioner. * The Committee may include two experienced subject-matter experts to assist in the interview process if necessary. * Based on the interviews and assessments, the Committee will publicly announce the names of three candidates for each vacant position. * After a minimum of seven days of public disclosure, the Committee will confidentially submit the names of two candidates for each vacancy to the President.