Anti Corruption Archives | Page 2 of 5 | Citizen's Platform for SDGs, Bangladesh

Immediate steps must be taken to establish the Permanent Prosecution Unit as stated in the ACC Act. Initially, the partial implementation of the law can begin by appointing a limited number of permanent prosecutors (10%-20%). Subsequently, by replacing further 10%-20% of contractual lawyers with permanent prosecutors annually, the complete implementation of Section 33(1) of the ACC Act, 2004 must be achieved within 5-10 years.

Up to a maximum of 10% of positions at each level (Director General, Director, and Deputy Director) may be filled through appointments on deputation. However, officials from the judiciary and law enforcement agencies appointed on deputation for the purposes of investigation, prosecution or trial will not be included in this 10% quota.

All appointments to Director General and Director positions (excluding those appointed on deputation) should be made through an open and competitive process via advertisements. However, 60 and 75 percent of positions of Directors General and Directors respectively must be kept reserved for internal candidates of ACC subject to fulfilment of relevant competency requirements.

The appointment of the Secretary of the ACC should take place through an open and competitive process via advertisements. However, if a government official is deemed eligible in the due process for the advertised position, they may take leave from their respective parent organisation and be appointed to the Secretary role in the ACC on a contractual basis.

The ACC must incrementally establish adequately equipped district offices in every district of the country.

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.

MOU should be signed with CAG and IMED so that ACC is notified and provided access to all relevant information in case corruption is uncovered or suspected by CAG and IMED during their mandated work.

The number of ACC Directors General (DGs) should be increased from 8 to 12. The following 12 divisions should be created under their supervision: 1) Administration, Finance and Human Resources; 2) Prevention and Public Communication; 3) Information Technology; 4) Training, Research, and Development; 5) Legal and Prosecution; 6) Investigation-1; 7) Investigation-2; 8) Special Investigation; 9) Money Laundering; 10) Undercover Inquiry-1; 11) Undercover Inquiry-2; and 12) Internal Discipline.

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.

Total Reforms Being Tracked

47

22

Reform Proposed

The reform idea or commitment is publicly articulated.

18

Reform Initiated

Preliminary steps are taken (e.g., circulars or notices by relevant...

07

Legal and Policy Framework

The reform is codified in policy, law, or regulation.

00

Operationalisation

Institutional or administrative mechanisms are established for the reform delivery.

00

Action Implementation

Tangible actions showing visible progress or outcomes are taken.