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Bangladesh Country Profile

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General Information

Political Climate

Bangladesh faces significant challenges as one of the poorest countries in the world, as well as due endemic corruption, weak rule of law, and limited bureaucratic transparency. Although recent political and economic developments have been encouraging, with an annual GDP growth rate averaging 5-6% since 1996, pervasive corruption, patronage and the misallocation of resources have prevented the country from making a more significant developmental leap.

The political system in Bangladesh changed dramatically in January 2007, when a state of emergency was declared by the country's military-backed interim government. Although civil and political liberties were subject to tight restrictions under this government, it fought hard against the extremely high levels of corruption that have placed the country at or near the bottom of numerous transparency and corruption indices for several years. The interim government acceded to the United Nations Convention against Corruption (UNCAC) in February 2007. Further, in the same year, the interim government also launched a campaign against corruption, resulting in many businesspeople, high-level political figures and their family members being sentenced for corruption and other illegal acts by special anti-corruption courts, set up to deal with the many corruption cases. This included charges against Prime Minister Sheikh Hasina Wajed, former Prime Minister Khaleda Zia and about 150 other high-ranking political figures. In August 2011, an arrest warrant was issued against Tarique Rahman, the son of Khaleda Zia, on charges of money laundering, according to an August 2011 news article by The New York Times. The corruption charges against Prime Minister Sheikh Hasina were finally dropped in May 2010, with the High Court ruling that there was no evidence of any crime. Subsequently, Prime Minister Sheikh Hasina and her Awami League party won a landslide victory in the December 2008 elections.

Corruption has a substantial negative effect on the country's GDP. According to a July 2010 article by TrustLaw, corruption is estimated at 3% of the GDP in Bangladesh. Given a political environment rife with corruption, business executives surveyed in the World Economic Forum Global Competitiveness Report 2011-2012 report that the level of public trust in politicians is very low. Similarly, according to Transparency International’s Global Corruption Barometer 2010, the Bangladeshi political parties are widely perceived by the surveyed households to be corrupt. Furthermore, despite that more than 61% of the surveyed households evaluated the government’s anti-corruption initiatives as ‘effective’, nearly half of the households perceived that the level of corruption in Bangladesh has increased over the past three years.

Business and Corruption

Corruption remains a serious impediment to efficient business operations in Bangladesh, as emphasised by the US Department of State 2010. This perception is supported by the World Economic Forum Global Competitiveness Report 2011-20121 according to which, inadequate supply of infrastructure and corruption are among the greatest constraints on foreign companies operating in Bangladesh. The country performs poorly across all institutional indicators covered by the report. Corruption is present in most interactions with public authorities. According to the World Bank & IFC Enterprise Surveys 2007, 85% of the companies surveyed expect to pay unofficial payments to 'get things done', while 55% identify corruption as a major constraint for doing business. According to the Ethical Corporation 2007, the perception of added risk in the wake of the interim government's anti-corruption campaign has in some cases led to the asking price for bribes to increase.

While laws on disclosure of assets and conflicts of interest exist, they are rarely enforced. Significant parts of the state budget (including state-owned companies) remain outside legislative control. Trade and business associations are often led by former government employees or politically active persons, leading to patron-client relations between government and business. According to AmCham Bangladesh 2008, audits cannot always be trusted, as auditors rarely conform to international standards and are known to produce reports according to the wishes of the client. Private sector corruption is also widespread. According to Transparency International’s Global Corruption Report 2009, the most dominant form of corruption taking place in the private sector was asset stripping, followed by fraud and abuse of power, and despite the adoption of the Public Procurement Act 2006 and the Ordinance in 2007, the private sector has reportedly continued to engage in malpractices in the procurement process. According to the World Economic Forum Global Competitiveness Report 2011-2012, Bangladesh performs poorly in relation to the ethical behaviour of companies in interactions with public officials, politicians and other companies. According to the same report, business executives also report that public funds are fairly commonly diverted to companies, individuals, or groups due to corruption. Therefore, companies are recommended to use a specialised public procurement due diligence tool in order to reduce corruption risks related to public procurement in Bangladesh.

Bangladesh's formal economy is shadowed by a large informal sector. According to the World Bank & IFC Enterprise Surveys 2007, nearly 50% of service companies report that they must compete against unregistered or informal companies, and nearly 17% identify the practices of competitors in the informal sector as a major constraint. Furthermore, corporate and bureaucratic tax evasion is reportedly a common source of corruption. In order to better manage legal and financial corruption risks, companies are strongly recommended to develop, implement and strengthen integrity systems and to conduct extensive due diligence when planning to do or already doing business in Bangladesh.

Regulatory Environment

Bureaucracy in Bangladesh functions relatively unchecked by both government and civil society. High-level civil servants, in particular, constitute a strong interest group. The bureaucracy remains politicised in regards to recruitment and promotions, but lack of transparency and accountability seem to be the biggest problems. According to Transparency International Bangladesh 2007, corruption and undue political influence are rampant in the Public Service Commission (see more under 'Public Anti-Corruption Initiatives' in the Initiatives section). Officials sometimes obtain their positions and promotions through bribes and are not necessarily chosen on the basis of merit and skills. There are no rules limiting the acceptance of hospitality for civil servants. The combination of low salaries for public servants, the discretionary powers of the bureaucracy and the complexity of the regulatory environment encourages private-public corruption and the use of facilitation payments. Business executives surveyed in the World Economic Forum Global Competitiveness Report 2011-2012 perceive government administrative requirements to be quite burdensome. Moreover, business executives also report that government policy-making is fairly opaque and that government officials will usually favour well-connected companies and individuals when deciding on policies and contracts. Commercial regulations can be ambiguous and inconsistent, and the lack of transparency increases start-up and overall operational costs. In addition, problems such as an uncertain law and order situation, poor infrastructure, inadequate commercial laws and courts, inconsistent respect for contract sanctity, and policy instability contribute to an unfavourable business climate, as reported in the US Department of State 2010.

The World Bank & IFC Doing Business 2012 rank Bangladesh 122nd out of 183 countries in regard to the ease of doing business worldwide. According to the report, starting a company requires an entrepreneur to go through 7 procedures and 19 days, at a cost equal to 30.6 % of GNI per capita on average. There is no minimum deposit requirement for obtaining a company registration number, and the time required to start a company is less than the regional average. Overall difficulties related to trade have slightly increased since the previous year, as illustrated by the report.

Business executives surveyed in the World Economic Forum Global Competitiveness Report 2011-2012 report that the judiciary is not independent from political influences of members of government, citizens or companies. Moreover, according to the US Department of State 2010, the lack of effective judicial or alternative dispute resolution mechanisms impedes the enforcement of contracts and the resolution of business disputes in the country. It is common to include an arbitration clause in commercial contracts, as Bangladesh is a member of the International Centre for the Settlement of Investment Disputes (ICSID) and a signatory and contracting state of the New York Convention 1958. The enforcement of IPR is insufficient and few sentences have been made in relation to a large number of infringements. In the lower courts, where cases are first heard, corruption is perceived as a severe problem, according to the US Department of State 2010. The Bangladesh Export Promotion Bureau is known to offer assistance in dispute settlement of export-related transactions. Access the Lexadin World Law Guide for a collection of legislation in Bangladesh.

Judicial System

Individual Corruption

The judicial system in Bangladesh is permeated by corruption. For instance, according to the Transparency International Bangladesh National Household Survey 2010, the judiciary is perceived as the most corrupt service sector in Bangladesh, with nearly 9 out of 10 surveyed households who had sought judicial services ending up victims of corruption. The two most cited reasons by the households for paying bribes, according to the survey, were to speed up the hearing of a trial and to manipulate a verdict.

According to the US Department of State 2010, some human right observers alleged that, in many cases filed during 2009, magistrates, attorneys, and court officials demanded bribes from defendants.

Business Corruption

The World Bank & IFC Doing Business 2012 and the World Economic Forum Global Competitiveness Report 2011-2012 reveal that Bangladesh's courts are both inefficient and subject to political influences of members of government, citizens and companies. Several sources, such as the Bertelsmann Foundation 2010 and Global Integrity 2010, point out that lower courts are marred by corruption and often subject to political interference. Therefore companies involved in legal disputes should generally try to avoid the lower courts.

According to the World Bank & IFC Enterprise Surveys 2007, less than one-third of surveyed companies believed that the Bangladeshi court system is fair, impartial and uncorrupted.

Political Corruption

In Bangladesh, court procedures are often cumbersome, politically influenced and corruption-prone. This is confirmed by the US Department of State 2010, according to which, judicial corruption and inefficiency, lack of resources, and a large case backlog taint the judicial system. In addition, political influence affects appointments, case selections and rulings, according to the Transparency International Global Corruption Report 2007.

Another problem is that, in 2008, the Appellate Division has resumed the practice of overturning politically charged decisions by the High Court Division, usually to the benefit of the current government. In at least two cases, the Appellate Division overturned decisions granting bail to high-level corruption suspects who were leaders of opposition parties, according to the US Department of State 2010.

Frequency

The World Bank & IFC: Doing Business 2012:
- Enforcing a commercial contract in Bangladesh requires a company to fulfil 41 administrative procedures, taking an average of 1,442 days and costing an average of 63% of the claim.

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business executives give the independence of the judiciary from influences of members of government, citizens, or companies a score of 3.2 on a 7-point scale (1 'heavily influenced' and 7 'entirely independent').

- Business executives give the efficiency of the legal system for private companies to settle disputes and to challenge the legality of government actions and/or regulations a score of 3.1 and 3.3 respectively on a 7-point scale (1 'extremely inefficient' and 7 'highly efficient').

Transparency International: Global Corruption Barometer 2010:
- Citizens give the judiciary a score of 3.5 on a 5-point scale (1 being 'not at all corrupt' and 5 'extremely corrupt').

Transparency International Bangladesh: National Household Survey - Corruption in the Service Sectors 2010:
- Of all household respondents who sought judicial services, 88% reported that they had experienced corruption and harassment.

- The highest sum of bribes paid was in the High Court, with an average of BDT 12,761 being paid.

- Overall, the average sum of bribes paid was BDT 7,918.

- 56.3% of households cited that bribes were paid in order to speed up the hearing of a trial; 32.7% cited it was to manipulate a verdict; 22.2% cited it was to collect documents; 6.3% cited it was to defer the date of a hearing, while 1% cited they paid bribes to have documents hidden.

The World Bank & IFC: Enterprise Surveys 2007:
- 28.5% of companies surveyed believe that the court system is fair, impartial and uncorrupted.

- More than 18% of companies surveyed identify the functioning of the courts as a major business constraint.

Police

Individual Corruption

Police are perceived as very corrupt in the eyes of Bangladeshi. This is evidenced in Transparency International’s Global Corruption Barometer 2010, in which the surveyed households perceive the police to be the institution most affected by corruption, out of twelve different institutions in the country. According to another 2010 national household survey conducted by Transparency International Bangladesh, law enforcement agencies (i.e. Rapid Action Battalion and the police force) represent the second most corrupt service sector, with nearly 4 out of 5 surveyed households reported to having been victims of corruption or harassment when seeking services from these agencies.

According to Global Integrity 2010, there is an independent mechanism for citizens to file a complaint against police misconduct, however, unless bribes are paid, the concerned higher authority in practice do not always act on complaints.

Business Corruption

Business executives surveyed by the World Economic Forum Global Competitiveness Report 2011-2012 report that the police cannot be relied upon consistently to enforce law and order. This is further corroborated by the World Bank & IFC Enterprise Surveys 2007, which reveals that a substantial part of the surveyed companies pay for security in Bangladesh, while a considerably smaller part identifies crime, theft and disorder as major constraints to doing business in the country.

Political Corruption

According to Global Integrity 2010, the law enforcement agencies are not protected from political interference, and appointments to the police department are often based on criteria such as bribes, nepotism and party loyalties rather than professional qualifications.

According to the US Department of State 2010, the government has taken steps to address police corruption and integrity issues; however, corruption continues to be widespread in the force.

Frequency

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business executives give the reliability of police services a score of 3.1 on a 7-point scale (1 'cannot be relied upon to enforce law and order' and 7 'can be relied upon to enforce law and order').

Transparency International Bangladesh: National Household Survey - Corruption in the Service Sectors 2010:
- Of all household respondents who received services from law enforcement agencies, 79.7% reported they had experienced corruption and harassment.

- 68% of household respondents who had received services from law enforcement agencies were forced to pay bribes.

- The average amount of a bribe when interacting with law enforcement agencies was BDT 3,352.

Transparency International: Global Corruption Barometer 2010:
- Citizens give the police a score of 4.4 on a 5-point scale (1 'not at all corrupt' and 5 'extremely corrupt').

The World Bank & IFC: Enterprise Surveys 2007:
- More than 77% of companies surveyed pay for security.

- More than 11.7% of companies identify crime, theft and disorder as major constraints to doing business in the country.

Licences, Infrastructure and Public Utilities

Individual Corruption

Many Bangladeshi citizens perceive corruption in relation to getting utilities connected and sustained as widespread. For instance, according to the Institute for Development Policy Analysis and Advocacy 2007, metre readers are reported to solicit bribes directly when reading electrical metres. If the customer does not pay a bribe, the customer can face a sudden disconnection. Informal payments for new connections are also common. This is also mirrored in AmCham Bangladesh 2008, which states that it is quite difficult to gain access to public utility services, such as water and gas without paying a bribe.

According to the Transparency International Bangladesh National Household Survey 2010, a significant percentage of surveyed households who sought electricity services were reported to be victims of corruption and harassment, while a smaller part were reported to be victims of corruption and harassment when seeking health and education services.

Business Corruption

According to the US Department of State 2010, companies often complain that ministries require unnecessary licences and permits. In addition, it is generally both expensive and difficult to obtain access to public utilities. According to the World Bank & IFC Enterprise Surveys 2007, a significant number of companies stated that they expect to give gifts in order to obtain basic services such as electricity, water and telephone connections.

Companies should be aware that business inspections by government officials to ensure public health and safety standards are usually carried out in an arbitrary and ad-hoc manner, as reported by Global Integrity 2010.

Inflated billing by telephone companies is also common. The bills often show more calls than were actually made or international calls that were never placed. Challenging a bill is a cumbersome process and reactionary threats to disconnect telephone service if bribes are not paid are common practice. According to Transparency International's Global Corruption Report 2009, the revenues of the Bangladesh Telegraph and Telephone Board (BTTB) fell sharply between 2002 and 2007. The key reason for this was corruption in private telecommunication through the growth of illegal VoIP (Voice over Internet Protocol) operations by private cell phone operators. This is a trend facilitated by deliberate inaction to regulate or legalise the VoIP business by the government. Although no authorisation was granted to any mobile phone operators, they have used their equipment for 'internet telephony' by terminating incoming international calls.

Political Corruption

In May 2008, the former Post and Telecommunication Minister Aminul Haque was sentenced to 10 years of imprisonment on charges of amassing illegal wealth, and concealing information in his wealth statement submitted to the Anti-Corruption Commission (ACC), as reported in a 2009 article by The Daily Star. According to the article, Haque was given this sentence in absentia, after he fled Bangladesh. However, in August 2009, Haque was finally imprisoned after he appeared in court to seek bail in the cases. Consequently, Haque was released on bail in October 2009, according to another 2009 news article by New Age.

Frequency

The World Bank & IFC: Doing Business 2012:
- Dealing with construction permits in Bangladesh requires a company to go through 11 administrative procedures, which takes an average of 201 days and costs 154.5% of income per capita.

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business executives give the government administrative requirements (permits, regulations, reporting) in Bangladesh a score of 3.0 on a 7-point scale (1 'burdensome' and 7 'not burdensome').

Transparency International: Global Corruption Barometer 2010:
- Citizens give the education system in Bangladesh a score of 2.6 on a 5-point scale (1 being 'not at all corrupt' and 5 'extremely corrupt').

Transparency International Bangladesh: National Household Survey - Corruption in the Service Sectors 2010:
- Of all household respondents who received electricity services, 45.9% reported they had experienced corruption and harassment.

- Of all household respondents who received health services from government and private hospitals, 33.2% reported that they had experienced corruption and irregularities.

- Of all household respondents who received educational services from different academic institutions, 15.3% of reported that they had experienced corruption and irregularities.

- The average sum of a bribe when interacting with electricity departments was BDT 1,834.

- The average sum of a bribe when interacting with health departments was BDT 463.

- The average sum of a bribe when interacting with education departments was BDT 168.

The World Bank & IFC: Enterprise Surveys 2007:
- A little more than 85% of companies expect to make informal payments to public officials in order to 'get things done'.

- 23% of companies surveyed identify business licensing and permits as major constraints to doing business.

- 32% of companies surveyed expect to give gifts to obtain an operating licence.

- Approximately 23.5% of companies expect to give gifts to obtain a construction permit.

- A little more than 42% expect to give gifts to obtain an electrical connection, 53% for a water connection, and 76% for a telephone connection.

Land Administration

Individual Corruption

The Transparency International Bangladesh National Household Survey 2010 illustrates that a significant percentage of surveyed households that have dealt with the land administration, such as paying land development taxes, have experienced corruption and harassment.

According to the Asia Human Rights Commission 2008, there are examples of the police forcefully harassing people to give up their land in order to assist land grabbers. In a similar vein, the Bertelsmann Foundation 2010 reports that in rural areas in Bangladesh patronage networks linking landowners, the police and state bureaucrats make it difficult for peasants to assert property rights.

Business Corruption

According to the Bertelsmann Foundation 2010, property rights are legally safeguarded, but problems remain in practice. Registries of property are inadequate and unreliable, which can cause problems when transferring ownership of land and property. Parties avoid registering various land and property-related issues because of the high stamp duties and other charges, according to the US Department of State 2010.

Political Corruption

According to Transparency International's Global Corruption Report 2008, it is not uncommon for powerful and influential people to easily obtain a court injunction on illegally squatted land. Businessmen and government officials, especially Capital Development Authorities employees, have been known to collude to illegally obtain protected land and use it for construction purposes. These land plots are on lake shores and river banks, thereby threatening the environment, water supply and drainage in the cities.

Frequency

The World Bank & IFC: Doing Business 2012:
- Registering property requires a company to go through an average of 8 administrative procedures, taking an average of 245 days at a cost of 6.6% of the property value.

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business executives give the protection of property rights in Bangladesh, including financial assets, a score of 3.7 on a 7-point scale (1 'very weak' and 7 'very strong').

Transparency International Bangladesh: National Household Survey - Corruption in the Service Sectors 2010:
- Of all household respondents who received services from the land administration, 71.2% reported that they had experienced corruption and harassment.

- The average sum of a bribe when interacting with the land departments was BDT 6,116.

- Amongst all the services received, bribes paid in connection with leasing and settlement were the highest, with the average size of a bribe amounting to BDT 21,836.

Tax Administration

Individual Corruption

According to the Transparency International Bangladesh National Household Survey 2010, out of all household respondents who received tax-related services from tax offices, more than half of them reported to have experienced corruption, harassment and irregularities.

Business Corruption

According to Global Integrity 2010, tax laws are not always enforced uniformly and without discrimination. The same source also reports that the National Board of Revenue, the central authority for tax administration in Bangladesh, is one of the most corrupt government agencies in the country.

The World Bank & IFC Enterprise Surveys 2007 reveals that a significant percentage of the surveyed companies stated that they expect to give gifts in meetings with tax inspectors, while a smaller percentage of companies identified tax administration as a major impediment to doing business.

Political Corruption

In September 2007, the wife of the former Minister of Housing and Public Works, Afroza Abbas, was sentenced to 16 years in prison and a BDT 49.2 million fine on charges of tax evasion. She was convicted of concealing information about wealth on tax returns and for providing false information on the returns. In April 2010, Abbas was granted bail by the High Court, as reported in a 2010 article by The Financial Express.

According to a March 2011 news article by The Daily Star, a total of BDT 21,000 crore (a crore equals to BDT ten million) in taxes was evaded by taxpayers in the fiscal year of 2009-2010. According to the article, corrupt practices by tax officials are cited as one of the main challenges facing the National Board of Revenue at the moment.

Frequency

The World Bank & IFC: Doing Business 2012:
- Companies are required to make 21 tax payments and spend 302 hours on average at a total tax rate of 26% of profits annually to manage the burden of paying taxes.

Transparency International Bangladesh: National Household Survey - Corruption in the Service Sectors 2010:
- Of all household respondents who received tax-related services from tax offices, 51.3% reported that they had experienced corruption, harassment and irregularities.

- The average sum of a bribe paid to the tax and customs departments was BDT 6,734.

The World Bank & IFC: Enterprise Surveys 2007:
- 30% of companies surveyed consider tax administration to represent a major constraint to doing business.

- 86% of companies expect to give gifts in meetings with tax inspectors.

Customs Administration

Business Corruption

The US Department of State 2007 reports that businesspeople often complain about petty corruption, such as the need to make unofficial payments to obtain customs clearance services. A similar trend is also reflected in the World Economic Forum Global Enabling Trade Report 2010, in which business executives ranked border administration, in relation to irregular payments in exports and imports, as not always transparent in Bangladesh, and therefore constituting a competitive disadvantage for the country.

Political Corruption

Chittagong Port, which handles 85% of Bangladesh’s total imports and exports, is considered to be one of the most inefficient and corrupt ports in Asia, according to Transparency International Bangladesh’s Problems and Potentials of Chittagong Port 2007. According to the report, corruption has become institutionalised in the offices of the port where bribes or facilitation payments are expected if a task or procedure needs to be completed. In order to submit or amend mandatory import and export documents, bribes are paid in virtually all transactions. It was observed in March 2007 that paying bribes at numerous locations in order to anchor a ship in the port was not unusual. The report states that bribery takes place outside the port by reaching an understanding through agents. The pilots of the port take BDT 10,000 as tips for anchoring a ship and then for taking it to outer anchorage. In case of overdrafting of ships, the rate can rise to more than BDT 100,000

In May 2008, nine employees of the customs department were detained on charges of irregularities and corruption, as reported in Global Integrity 2008.

Frequency

The World Bank & IFC: Doing Business 2012:
- A standard export shipment of goods requires 6 documents and takes an average of 25 days at a cost of USD 965 per container.

- A standard import shipment of goods requires 8 documents and takes an average of 31 days at a cost of USD 1,370 per container.

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business executives give the efficiency of customs procedures formalities regulating the entry and exit of merchandise) in Bangladesh score of 3.4 on a 7-point scale (1 'extremely inefficient' and 7 'extremely efficient').

World Economic Forum: The Global Enabling Trade Report 2010:
- Business executives give the transparency of border administration (pervasiveness of undocumented extra payments or bribes connected with imports and exports) in Bangladesh a score of 2.2 on a 7-point scale (1 'non-transparent' and 7 'transparent').

Transparency International Bangladesh: National Household Survey - Corruption in the Service Sectors 2010:
- The average amount of a bribe paid to the tax and customs departments was BDT 6,734.

The World Bank & IFC: Enterprise Surveys 2007:
- A little more than 51% of companies report that they expect to give gifts to obtain an import licence.

- Slightly more than 11% of companies surveyed identify customs and trade regulations as a major constraint to doing business.

Public Procurement and Contracting

Business Corruption

Corruption is not uncommon in the awarding of government contracts, as illustrated in the World Bank & IFC Enterprise Surveys 2007, more than one out of three surveyed companies stated that they expect to give gifts in order to secure a government contract.

According to Global Integrity 2010, conflict of interests regulations for procurement officials are not well-enforced in practice, and there is no mechanism to monitor the assets, incomes and spending habits of public procurement officials. Companies guilty of major violations of procurement regulations (i.e. bribery) are not always prohibited from participating in future procurement bids. It is further alleged that some powerful companies will not be affected by debarment. Nevertheless, according to Global Integrity 2010, between 2009 and 2010, more than 50 companies have been banned from the bidding process for violating the procurement regulations.

Business executives in the World Economic Forum Global Competitiveness Report 2011-2012 report that government officials often favour well-connected companies and individuals when awarding contracts. Rules and criteria are frequently manipulated to fit specific providers, as reported in Global Integrity 2010. Companies are therefore, recommended to use a specialised public procurement due diligence tool in order to mitigate the corruption risks associated with public procurement in Bangladesh.

Read more about public procurement under 'Public Anti-Corruption Initiatives' in the Initiatives section.

Political Corruption

According to Global Integrity 2010, collusion between political leaders and bureaucrats in public contracting occurs in order to favour a particular bidder.

In 2009, the son of former Prime Minister Khaleda Zia, Arafat Rahman, was charged with money laundering by the Anti-Corruption Commission (ACC), according to an April 2009 article by the Asset Recovery Knowledge Centre. He allegedly received payment of USD 180,000 in connection with public projects awarded by the Bangladeshi government to Siemens AG.

Read more about public procurement under 'Public Anti-Corruption Initiatives' in the Initiatives section.

Frequency

World Economic Forum: The Global Competitiveness Report 2011-2012:
- Business executives give the diversion of public funds to companies, individuals, or groups due to corruption a score of 2.6 on a 7-point scale (1 'very common' and 7 'never occurs').

- Business executives give the favouritism of government officials when deciding upon policies and contracts a score of 2.2 on a 7-point scale (1 'always show favouritism' and 7 'never show favouritism').

The World Bank & IFC: Enterprise Surveys 2007:
- 34% of companies expect to give gifts to secure a government contract.

- Bangladesh tops the South Asian region for the average value of a gift expected to secure a government contract at 1.28% of the contract value.

Environment, Natural Resources and Extractive Industry

Business Corruption

Bangladesh faces serious corruption problems in relation to the environment, according to Transparency International’s Global Corruption Report 2008. Industrial pollution and biodiversity laws are not implemented as intended, partly due to pervasive corruption. Similarly, Global Integrity 2010 also reports that business inspections by government officials to ensure public environment standards are often carried out in an arbitrary and ad-hoc manner. It is also alleged that companies often pay bribes when dealing with environmental inspections to circumvent the environmental rules.

Political Corruption

According to Transparency International’s Global Corruption Report 2008, corruption is particularly widespread in the water sector, resulting in increased revenue loss for the government, additional public expenditure and environmental degradation. Similarly, investigations undertaken by the Anti-Corruption Commission (ACC) in the water sector have revealed that corruption in different projects run by the Ministry of Water Resources was estimated to be approximately USD 1.5 billion during 2001–06, as reported by the Strategic Foresight Group. An important reason for corruption is the creation and existence of monopolies in the water sector because of the power and control exerted by the public sector over water delivery systems. This monopolistic nature has progressively encouraged bribery and red tape to become institutionalised within the water sector.

In June 2008, former Chief Conservator of Forests, Osman Gani, was sentenced to 12 years in prison for amassing wealth illegally, according to a March 2009 article by Bangladesh Today. Namely, Gani was convicted of smuggling over 1 million cubic feet of logs and lumbers worth over BDT 1,200 million from the reserve forests in Rangamati by permits issued to eight lumber traders in Dhaka overlooking the forest laws, as reported by The New Nation. Additionally, he was charged with concealing information in wealth statements submitted to the ACC. In February 2009, Gani was granted a four-month interim bail by the High Court; however, subsequently, the Supreme Court stayed the High Court order granting bail.

Public Anti-Corruption Initiatives

  • Legislation: Bangladesh accessed the United Nations Convention against Corruption in February 2007. The Code of Criminal Procedure 1898, the Prevention of Corruption Act 1947, the Penal Code 1860, and the Money Laundering Prevention Act 2002 criminalise attempted corruption, extortion, active and passive bribery, bribery of foreign public officials, money laundering and using public resources or confidential state information for private gain. Business-to-business corruption is not covered by Bangladesh's current legislative anti-corruption framework. In April 2008, the definition of money laundering as given by the 2002 act was modified by the enactment of the Money Laundering Prevention Ordinance 2008. The definition of money laundering has been extended to cover various processes through which the crime is being committed, including 'predicate offences', such as corruption and bribery, forgery of currencies and documents, extortion, cheating, dealing in illegal arms and drugs, smuggling, abduction for ransom, murder, and the transfer of concealed money to other countries from Bangladesh or receiving such money from other countries into Bangladesh. The Anti-Corruption Commission Act 2004 provides the legal framework for an independent commission to ensure transparency in the public sector. The Voluntary Disclosure of Information Ordinance was approved in May 2008, forming the basis for the establishment of the so-called  'Corruption Truth Commission'. The commission gives partial amnesties in return for information about corruption. However, according to a BBC News article published in May 2011, the commission was declared illegal and unconstitutional by the Supreme Court, citing that there was no provision in the constitution to give amnesty to individuals accused of corruption. The interim government made amendments to the Criminal Procedure Code Ordinance in February 2007 as a part of the process of separating the judiciary from the executive branch of the government. However, after the Awami League won the elections and Sheikh Hasina again became Prime Minister, the measures approved by the interim government to separate judicial functions from the executive branch were rejected. Other significant ordinances, including the Right to Information Ordinance 2008, have been ratified by the Parliament. The Right to Information Act 2009 (view a summary of the Right to Information Act 2009) is designated to play an important role in ensuring transparency and accountability. Access the Lexadin World Law Guide for a collection of legislation in Bangladesh.

  • Government Strategies: TThe interim government, which stepped down in December 2008, was characterised by an aggressive anti-corruption drive targeting high-level political figures, officials, as well as private actors. Many prominent political figures and representatives of the business community had been detained and charged with corruption. Many had been convicted on these charges, however, according to the Bertelsmann Foundation 2010, many of these convicted individuals were also later released on bail. The current Awami League-led government has pledged to fight corruption, and reaffirmed the need for a strong anticorruption commission. However, it has taken steps to loosen experience requirements in public procurement laws and has also approved an amendment to the Anti-Corruption Commission Act (see ‘Anti-Corruption Agency’ below for more information). According to the US Department of State 2010, both measures have been widely criticised as weakening safeguards against corruption.

  • Anti-Corruption Agency: The Anti-Corruption Commission (ACC) was established in accordance with the Anti-Corruption Commission Act 2004. According to the US Department of State 2010 and Freedom House 2011, the number of corruption cases filed under the government is significantly less compared to under the caretaker government, and a government commission has recommended that the ACC drop thousands of corruption cases, mostly against leading Awami League politicians, while most cases against the Bangladesh Nationalist Party (BNP) have remained open. Global Integrity 2010 points out that the ACC does not receive enough funding, nor have enough professional employees to sufficiently fulfil its mandate. The ACC is accountable to the President and publishes annual reports on its website. The ACC maintains an online list of the number of corruption reports submitted to it, as well as the prosecution status of corruption cases, but these have not been updated since fall 2008. In association with Transparency International Bangladesh, the ACC has held awareness campaigns against corruption as part of its programme to hold seminars, symposiums and workshops related to the issue. On a less positive note, in April 2009, the Bangladeshi Parliament approved proposals to amend the Anti-Corruption Commission Act, which includes making the ACC obliged to seek prior permission from the government before investigating state officials, and making the ACC accountable to the President, with the government being in charge of appointing and removing the secretary of the body. In addition, in accordance with these proposals, those filing false cases will face five years in prison. According to a January 2011 article by MSN News, the cabinet has endorsed the proposals, and it is expected to be passed into law by the Parliament. The same article also cites that many observers have expressed their concerns over the proposed amendments, fearing that it could undermine its independence and hamper its effectiveness. Nevertheless, the ACC is not corruption free itself, as reported in a January 2011 news article by AFP. The deputy director of the ACC was arrested after having been filmed taking a USD 14,000 bribe from the owner of a garment export company. A collection of corruption case verdicts of members from the public and private sectors between April 2007 and December 2008 can be accessed on the ACC website.

  • National Coordination Committee (NCC): The NCC was constituted to lead the countrywide operation to curb corruption. The NCC is manned by all general officers commanding (GOCs), secretaries to the Chief Advisor's office and the Anti-Corruption Commission, the Chairman of the National Board of Revenue, the Director General of the Central Intelligence Cell of the National Board of Revenue, and other top government officials. The interim government also set up a Financial Intelligence Unit to investigate financial crimes, recover assets, as well as money that had been laundered abroad. In May 2007, the Anti-Money Laundering Department (AMLD, see below) of the Central Bank was designated as Bangladesh's financial intelligence unit (FIU).

  • Anti-Money Laundering Department (AMLD): The AMLD is the official financial intelligence unit (FIU) in Bangladesh. The legal authority of the AMLD emanates from the Money Laundering Prevention Act 2009 (in Bangla), and the Anti-Terrorism Act 2009. According to Transparency International's Global Corruption Report 2009, the Money Laundering Prevention Ordinance 2008 provides that the courts will not take into consideration any money laundering case without approval from the Anti-Corruption Commission. In addition, this ordinance provides for the Central Bank to seek help from countries or agencies to investigate and recover assets through memoranda of understanding, contracts and conventions with governments or organisations. Click here for more detailed information about the AMLD.

  • Office of the Ombudsman: The Constitution of Bangladesh and the Ombudsman Act 1980 contain provisions for the establishment of an Office of the Ombudsman; however, only an Office of the Tax Ombudsman has been set up in practice. The quasi-judicial mandate of the Office of the Tax Ombudsman is to receive taxpayer complaints in relation to income tax, value added tax and customs duties, and to investigate and make recommendations based on these complaints in order to hold the National Board of Revenue accountable for malpractices. Global Integrity 2010 illustrates that a few different sources differ on their analyses of the effectiveness of the Office of the Tax Ombudsman. Some claim that its recommendations are followed by the National Board of Revenue, while others argue that the institution is little more than a 'watch-dog in chains'. A  2007 report by Transparency International Bangladesh states that the Office of the Tax Ombudsman does not function effectively, as it lacks the necessary institutional capacity and resources. Nevertheless, according to Global Integrity 2010, the government has started a process to abolish the Tax Ombudsman Act and the Office of the Tax Ombudsman. An article by Bdnews 24 published in March 2011 also reports that a bill for abolishing the above two has already been submitted to the Parliament. The reason given is that the existing Tax Ombudsman Act is conflicting with the tax laws, according to the same article.

  • Auditor General: The Office of the Comptroller and Auditor General (CAG) is a formally independent organ that works as the supreme audit institution of Bangladesh. According to Global Integrity 2010, the appointments to the CAG do not always support its independence, and individuals appointed are sometimes based on political and other considerations rather than professional qualifications. The CAG is important for identifying financial irregularities. The Comptroller and Auditor General is appointed by the President, charged with auditing the expenses of all government bodies. The CAG is required to submit its audit reports to the President, and reports are also available online. According to the same source, the government often does not act on the findings, only an average of twenty percent of its audit reports are discussed in the concerned parliamentary standing committee and twenty-two percent of the recommendations are implemented by the audited organisations. Projects funded by foreign assistance do not fall under the purview of the CAG.

  • Public Service Commission (PSC): The PSC is a quasi judicial body established in 1972, and it is mandated to ensure fair and transparent public sector recruitment, but has been criticised for a lack of independence, its vulnerability to partisan influence, and for its inefficiency. Bribery and the sale of undue advantages to applicants have been reported, mostly due to the lack of internal integrity and deterrence systems. The reporting of the PSC has been reported as inadequate in connection with the Official Secrets Act, which has been used to withhold information. However, the Right to Information Act 2009 overrides the Official Secrets Act and several other restrictive acts. It remains to be seen whether reforms to the PSC and a new operative environment under the Right to Information Act 2009 will have a positive influence on the institution's performance. See the Transparency International Bangladesh Public Service Commission Diagnostic Study 2007 for more information.

  • E-Governance:In the United Nations’ E-Government Survey 2010, Bangladesh’s e-government development is ranked 134th out of 192 UN member states, indicating that e-governance is still in need of development. Development is proceeding, albeit at a slow pace, partly due to the lack of access to the Internet among many Bangladeshis. However, most ministries and government institutions have launched their own websites, such as those of the Ministry of Finance and the Office of the Comptroller and Auditor General. Furthermore, people can declare their taxes online and register to vote through the Bangladesh Development Agency. In the capital, Dhaka, people can handle birth registrations and apply for licences, such as trade licences, online.

  • Public Procurement: In an effort to make public procurement more accountable and transparent, a Public Procurement Act was passed in 2006 and a new set of Public Procurement Rules was issued in 2008. Both were made effective on 31 January 2008. The Public Procurement Act 2006 has unified public procurement procedures for all government procuring entities. The regulations have been framed in order to ensure fair, transparent and non-discriminatory public procurement, and they explicitly address corruption issues. According to the public procurement regulations, procurement officials should all receive training in how to correctly apply the regulations and procedures. Companies that violate the procurement regulations risk being blacklisted, and according to Global Integrity 2010, between 2009 and 2010, more than 50 companies have been excluded from the bidding process for violating the procurement rules. According to Transparency International’s Global Corruption Report 2009, despite the adoption of the Public Procurement Act 2006, the private sector has reportedly continued to engage in malpractices in the procurement process. In the beginning of 2010, the government established a 27-member watchdog body, the Public-Private Stakeholders Committee (PPSC), in order to monitor the public procurement process and ensure transparency and accountability. The committee is expected to annually evaluate the overall impact of the Public Procurement Act and discuss any detected irregularity in its meetings, according to a February 2010 article by The Daily Star. The government publishes a debarment list on the Central Procurement Technical Unit website. On this website, companies also can find tenders advertised, standard tender documents, public procurement regulations and acts.

  • Whistle-Blowing: Several pieces of Bangladeshi legislation (i.e. the Anti-Corruption Commission Act 2004) provide a framework for the protection of whistleblowers in the public sectors, but they do not safeguard the private sector employees who report corruption cases. In September 2010, a new proposed Whistleblower Protection Act has been placed in the Parliament for discussions, and according to a March 2010 article by Bdnews 24; the new drafted law will be applicable to employees for both public and private sectors. Cases of corruption related to the public sector can be reported to the Anti-Corruption Commission by post or by e-mail.

  • General Comments on the Public Anti-Corruption Initiatives: When the interim government came to power in 2007, it initiated a massive anti-corruption drive. By the time it had stepped down in December 2008, many court trials had taken place, and many business people and politicians had been convicted of corruption crimes. However, there were also many cases against leading Awami League party (AL) politicians who have been dismissed since the AL-led government took office in January 2009. Rather than making the Anti-Corruption Commission more independent and effective, the government has approved an amendment to the ACC Act that would significantly undermine its independence and hamper its effectiveness. Corruption remains a significant problem in Bangladesh, and in order to fully combat corruption, Bangladesh needs structural changes in politics, much more accountability and transparency in governance, and political will to continue the fight against corruption at all level.

Private Anti-Corruption Initiatives

  • Media: The constitution provides for freedom of expression and freedom of the press, and according to Freedom House 2011, the media environment remained relatively open throughout the year of 2010, despite some signs of intolerance by the government. The Bertelsmann Foundation 2010 also reports that both print and electronic media are diverse and vibrant. Tight media constraints were put in place during the military-backed interim government's state of emergency. Nevertheless, in September 2008, the interim government passed the Right to Information Ordinance 2008, granting journalists and citizens increased access to information. Using the Right to Information Ordinance as a foundation, the current government passed the Right to Information Act 2009 (view a summary of the Right to Information Act 2009) in March 2009, which should allow civil society and the press to better play a role in ensuring government transparency and accountability. Some privately owned newspapers do write critical articles on government policies and activities, although persecution of journalists and self-censorship is not uncommon. In 2010, there have been over a hundred reports of  journalists being attacked, threatened, assaulted and injured, and two journalists were killed, as reported in Global Integrity 2010. Reporters Without Borders 2010 ranks Bangladesh 126th out of 178 countries, while the Freedom of the Press Index 2011 ranks the country 112nd out of 196 countries and describes its press environment as 'partly free'.

  • Civil Society: Freedom of association is constitutionally provided for and this right is generally respected. Under the emergency regulations of the interim government, freedoms of assembly and association were suspended and all political activity was banned, including indoor meetings, marches, and rallies. With the return to a civilian government, operational conditions for civil society have normalised. Numerous NGOs operate in Bangladesh, and the country has a strong tradition of private initiatives for humanistic and voluntary work for people's welfare, according to Transparency International Bangladesh Report on NGO Governance 2008. Global Integrity 2010 reports that NGOs and CSOs promoting good governance and anti-corruption face difficulties or harassment in becoming registered. According to Freedom House 2011, the organisations that focus on sensitive political and religious topics do so at some risk. NGOs that are critical of the government and those that deal with human rights issues are under supervision from the authorities, and are subject to harassment.

  • Transparency International Bangladesh (TIB): TIB is a local chapter of Transparency International. TIB conducts campaigns, issues reports and conducts awareness-raising in relation to corruption. TIB also carries out research on corruption and publishes surveys and analyses of corruption in various sectors in Bangladesh. TIB was on occasion consulted by the interim government, for instance, in connection with reviewing the Public Procurement Act 2006. In November 2007, TIB hosted the South Asia regional workshop on transparency and integrity in the water sector and it held three seminars around Bangladesh at the end of 2008 on corruption in public administration. The TIB has catalysed or been directly involved in a number of key institutional and policy changes, including the reform of the Anti-Corruption Commission, the ratification of the UNCAC, the adoption of the Right to Information Act, and most recently, the TIB has also worked with the Ministry of Law regarding the drafting of the Whistleblower Protection Act. Click here to read TIB Annual Report 2010.

  • Bangladesh Enterprise Institute (BEI): The BEI promotes issues of importance to the private sector and seeks to influence policy for the development of a market-oriented economy. It is a project oriented institute which works with projects to promote transparency and fight corruption. The BEI publishes newsletters and annual reports, and they can be accessed on its website.

Resources

The websites listed below provide useful facts on Bangladesh as well as contacts and tools for companies operating in Bangladesh:

 

Sources for further reading:

Conventions and Indices

UNCAC Status: Accessed 27 February 2007.

Status on UNCAC Implementation
This field describes the country's status on the United Nations Convention against Corruption. Please note any declarations and reservations made upon ratification. The list of signatories can be found on the UNODC website. Read more about the UNCAC.

Other Relevant Conventions or Treaties:

 

Transparency CPI: 2011: 120/182 (Score: 2.7)

Transparency CPI
This field consists of the score for the country in question on the Corruption Perceptions Index from Transparency International as well as its ranking.

World Bank CORR Index (-2.5 - +2.5): 2010: -0.99

World Bank Corruption Index
This field consists of the score for the country in question on the 'Control of Corruption' indicator in the World Bank Governance Research Indicator Country Snapshot (GRICS): 1996-2010.

OECD Country Risk Classification (0-7): 2011: 6

Country Risk Classification
The classification of countries by risk category has the aim of providing OECD countries with a basis for calculating the premium interest rate to be charged to cover the risk of non-repayment of export credits. Countries are placed in risk categories 0 - 7, with 0 being the lowest risk category and thus the least expensive. Conversely, premium group 7 is the highest risk category. Each classification is comprised of 2 components: 1) an assessment of the country's economic/financial situation, and 2) its overall political stability. Access the complete list of OECD Country Risk Classification figures.

Data Verification:

Publication date: November 2011

Data verified by: Global Advice Network

Information Network

 


Relevant Organisations

 

Transparency International Bangladesh (TIB)

House 141, Block E,
Road 12, Banani
Dhaka 1213

Tel: +880 2 988 7884/ 882 6036
Fax: +880 2 988 4811
E-mail: advocacy(at)ti-bangladesh.org/ info(at)ti-bangladesh.org

NGO. Transparency International local chapter.

Bangladesh Enterprise Institute (BEI)

House 3A, Road 50
Gulshan 2
Dhaka 1212

Tel: +880 2 986 2645/ 989 6805/ 2662/ 2663
Fax: +880 2 988 8583
E-mail: bei(at)bol-online.com

A non-profit, non-political research centre.

ICC Bangladesh

Suvastu Tower, 6th Floor
69/1, Panthapath
Dhaka 1205

Tel.: +880 2 967 6698/ 862 1942
Fax: +880 2 862 1027
E-mail: iccb(at)bdmail.net / info(at)icc-bd.org

Chamber of Commerce. Business confederation.

 


Partner Embassies

 

Embassy of Denmark

House 1, Road 51
Gulshan 2
Dhaka 1212

Tel: +880 2 882 1799
Fax: +880 2 882 3638
E-mail: dacamb(at)um.dk

Embassy.

Embassy of the Netherlands

Road 90, House 49,
Gulshan 2
Dhaka

Tel: +880 2 882 2715
Fax: +880 2 882 3326
E-mail: dha(at)minbuza.nl

Embassy.

Embassy of Sweden

House 1, Road 51
Gulshan
Dhaka 1212

Tel: +880 2 883 3144/45/46/47
Fax: +880 2 882 3948
E-mail: ambassaden.dhaka(at)foreign.ministry.se

Embassy.

Embassy of Norway

House 9, Road 111
Gulshan
Dhaka 1212

Tel: +880 2 882 3880/ 3065
      +880 2 881 6276/ 0563/ 6303
Fax: +880 2 882 3661
E-mail: emb.dhaka(at)mfa.no

Embassy.

British Embassy

United Nations Road
Baridhara
P.O. Box 6079
Dhaka 1212

Tel: +880 2 822 2705-9
Fax: +880 2 822 3666 (Immigration Section)
       + 880 2 882 3437 (Chancery/ Management)
      + 880 2 988 2819 (Consular)
E-mail: Consular.bangladesh(at)fconet.fco.gov.uk

High commission.

Honorary Consulate of Austria

Safura Tower, 5th Floor
20 Kemal Ataturk Avenue
Dhaka 1213

Tel: +880 2 989 4329
Fax: +880 2 989 0836
E-mail: austriancon(at)quasemgroup.com / tasvir(at)quasemgroup.com

Honorary consulate.

Country Profile Sources

General Information Sources

Corruption Levels Sources

Judicial System

Police

Licences, Infrastructure and Public Utilities

Land Administration

Tax Administration

Customs Administration

Public Procurement and Contracting

Environment, Natural Resources and Extractive Industry

  • Global Integrity: Bangladesh Country Report 2010.
  • Bangladesh Today: 'SC stays bail of ex-forest boss Gani', 13 March 2009.
  • Transparency International: Global Corruption Report 2008.
  • The New Nation: 'Secrets of Chief Conservator becoming multimillionaire', 1 June 2007.
  • The Daily Star: 'Gani's shenanigans', 1 June 2007.
  • Illegal-logging.info: 'Depletion of forests by the forest lord! Indiscriminate exploitation must stop', 8 June 2007.

Public Anti-Corruption Initiatives Sources

Private Anti-Corruption Initiatives Sources