Bangladesh's coordinated efforts to recover caches of stolen assets from abroad lose steam as the Anti-Corruption Commission lies as an unmanned watchdog following the resignation of all the ACC commissioners.
The nonfunctioning of the ACC delays investigations, criminal proceedings and cooperation with foreign jurisdictions, officials involved in the process have said.
The ACC is the lead agency among four intelligence and law- enforcement bodies working on the government's stolen-asset-recovery initiative.
Its key decision-making body-the commission-has remained vacant for nearly four months following the resignation of its chairman and two commissioners on March 3. Under the ACC Act, a new commission is required to be constituted within 30 days of the vacancies.
After a delay of 110 days, the Cabinet Division formed a search committee on June 22 to recommend candidates for the posts of ACC chairman and commissioner. The committee, headed by an Appellate Division judge, is scheduled to hold its first meeting today.
Officials say representatives from the International Anti-Corruption Coordination Centre (IACCC) raised concerns over the prolonged vacancy during a recent meeting with the Law Minister while visiting Bangladesh.
"There is considerable international pressure on the government to constitute the new Anti-Corruption Commission," a senior official involved in the asset-recovery initiative told The Financial Express.
The Law Minister had assured them that ongoing cases would not face obstacles, although no fresh criminal proceedings can be initiated without commissioners, the official adds.
Transparency International Bangladesh Executive Director Dr Iftekharuzzaman notes that it's a legal obligation of the government to reconstitute the commission.
"By keeping the ACC frozen for nearly four months the government has already sent many wrong signals. The government has violated a specific legal obligation of 30 days to appoint new leadership of this vital institution crucial to its own 31-point state-reform agenda, election manifesto and July Charter."
In the absence of the Commission the ACC cannot make any new decision except routine organizational matter, which means that the ACC has remained inactive for so long on issues related to the whole range of corruption allegations, including stolen assets.
"It is further embarrassing and self-defeating for the government that it has refrained from clarifying to the people why they have done this disservice to what they have promised as part of election campaign."
He thinks the only way the government may now try to minimize further damage is by enabling the search committee to recommend names for the new commissioners who are not only known for credible track record of relevant expertise, experience and courage to discharge duties without fear or favour and free from conflicts of interest rising above any political, bureaucratic or other pressures.
The ACC is one of four agencies working under the Joint Investigation Team (JIT), a platform operating under the Inter-agency Taskforce chaired by the Bangladesh Bank governor.
The other members of the JIT are Bangladesh Financial Intelligence Unit (BFIU), the Central Intelligence Cell (CIC) under the National Board of Revenue (NBR), and the Criminal Investigation Department (CID) of Bangladesh Police.
Stolen-asset recovery remains one of the government's priorities. On Monday, Prime Minister Tarique Rahman reiterated government commitment to bringing back laundered money stashed abroad.
However, officials at both the ACC and the BFIU, which provides secretarial support to the asset-recovery initiative, have expressed frustration over the delay in reconstituting the commission.
Officials say the absence of commissioners has created a legal and administrative bottleneck, preventing the ACC from approving new cases, freezing assets, filing charge sheets or initiating criminal proceedings-all of which are essential for pursuing assets moved overseas.
"Our work has slowed over the past three months because of the absence of an active ACC," the senior official further says.
He mentions that no new criminal proceedings have been initiated since early March because such actions require formal approval from the commission.
"Joint Investigation Team (JIT) meetings are taking place regularly, and discussions on Mutual Legal Assistance (MLA) requests are also progressing. But no new criminal case can be initiated without a functioning commission," the official says.
Bangladesh is working with foreign governments and international organisations to trace and recover assets allegedly siphoned off. However, foreign jurisdictions generally require criminal proceedings in the country of origin before providing extensive legal assistance.
Meanwhile, the government is moving ahead with plans to engage international forensic and legal firms to assist in asset recovery.
Officials say the delegated authority process has been completed and engagement letters with the international firms are now being prepared.
Foreign experts have also been visiting Bangladesh almost every week to support the country's recovery efforts.
"Their continued engagement indicates that they see sufficient commercial viability in supporting Bangladesh's asset-recovery efforts," the official says.
Coordination among domestic agencies has also improved.
The BFIU has recently established a dedicated Suspicious Activity Report (SAR) wing instead of treating SAR analysis as an additional responsibility. Separate teams have also been formed to handle criminal and civil proceedings, while weekly coordination meetings are being held with banks and investigators.
Despite these institutional improvements, officials say, the absence of commissioners remains the single-biggest obstacle to launching new criminal cases.
Under the existing legal framework, virtually all executive powers of the ACC rest with its commissioners. Without delegated authority from the commission, officials cannot approve investigation reports, file corruption cases, submit charge sheets, freeze assets, impose travel bans or take other enforcement measures.
Officials are currently limited to preliminary inquiries, such as collecting documents, sending letters and recording statements.
"There are numerous investigation reports awaiting approval. One investigation team alone has around 15 cases ready for filing, but none can proceed until the new commission is constituted," an investigating official says.
Officials warn that unless the commission is reconstituted soon, Bangladesh's campaign to recover stolen assets abroad could face further delays despite stronger inter-agency coordination and continued support from international community.
Under the JIT, the government is currently pursuing 11 priority cases, including that of ousted prime minister Hasina and her family, S Alam, Saifuzzaman Cowdhury and Baximco, to recover laundered assets.
According to the White Paper on the State of the Bangladesh Economy, an estimated US$234 billion was siphoned out of the country between 2009 and 2023.
Officials say assets worth Tk 704.46 billion have so far been frozen at home and abroad. As part of the recovery drive, authorities have filed 141 cases, submitted 15 charge sheets and secured six court verdicts.
While placing amendments to the Finance Bill, Prime Minister Tarique Rahman said Bangladesh had already sent 23 Mutual Legal Assistance Requests (MLARs) to 13 countries seeking cooperation in tracing and recovering laundered assets.
He said agreements had been finalised under international legal frameworks, while several affected banks had signed more than 60 non-disclosure agreements with international asset recovery organisations to facilitate the recovery process.
Professor Mustafizur Rahman, distinguished fellow of the Centre for Policy Dialogue (CPD), says it is "really frustrating as it's one of the major priorities" of the current government.
"ACC is not only related to the asset recovery but to ensure good governance, thwart corruption. Now it cannot take decision without a commission," he says.
Repatriating siphoned-off asset is a complex process so it must proceed without such bottlenecks, he adds.
The economist suggests expediting appointment of a eligible and well-accepted commission for the ACC.
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