/ 03 Oct 2022
Bangladesh Laws of International Trade Control and Compliance

Bangladesh is a common law jurisdiction. Many fundamental laws, such as the Penal Code, the Civil and Criminal Procedure Code, contract law and company law, are influenced by English common law. However, family laws, such as laws on marriage, dissolution of marriage, and inheritance, are based on religious scriptures and therefore differ between religious communities. The Bangladeshi legal system is based on a written constitution and laws often take legal forms promulgated by the legislature and interpreted by higher courts. Normally, executive authorities and companies governed by public law cannot enact a law, but may enact laws to the extent approved by the legislator. These subordinate laws are called rules or regulations and are also enforceable by the courts. However, as a common law system, laws are short and set out fundamental rights and obligations, but are developed by the courts in the application and interpretation of those laws. The Bangladeshi judiciary acts through: (1) The higher judiciary with appeal, appeal and court of first instance; and (2) the subordinate judiciary with jurisdiction at first instance. Bangladesh`s 49 large non-financial state-owned enterprises, many of which own or supervise smaller state-owned enterprises, are spread across seven sectors – industry; electricity, gas and water; transportation and communications; trade; agriculture; construction; and services. The list of non-financial state-owned enterprises and relevant budget details will be published in Bangla in the Ministry of Finance`s 2020-21 budget summary: mof.gov.bd/site/view/budget_mof_sow/2020-21/SOE-Budget.

According to the BB, four types of banks operate in the formal financial system: state commercial banks (SOBCs), specialized banks, private commercial banks (PCBs) and foreign commercial banks (FCBs). About 61 “planned” banks in Bangladesh operate under the control and supervision of the Central Bank under the Bangladesh Bank Ordinance 1972. The planned banks include six SOBBs, three specialized government banks established for specific purposes such as agricultural or industrial development or expatriate welfare, 43 PCBs and nine FCBs as of February 2021. The proposed banks are allowed to operate under the Banking Companies Act 1991 (as amended in 2013). There are also five unscheduled banks in Bangladesh, including the Nobel Prize winner Grameen Bank, which were established for specific and specific purposes and operate in accordance with the laws promulgated to achieve these goals. Article 42 of the Constitution of Bangladesh guarantees all citizens a right to property, but property rights are often not protected due to the weakness of the judicial system. The Transfer of Ownership Act 1882 and the Registration Act 1908 are the two main laws governing the transfer of ownership in Bangladesh, but these laws do not contain specific provisions for foreign and/or non-resident investors. Currently, foreigners and non-residents can set up a business with the Registrar of Business Corporations and Corporations. The company would be considered a local entity and would be able to purchase land on its behalf. Investors are also increasingly turning to the Bangladesh International Arbitration Centre (BIAC) for dispute settlement. BIAC is an independent arbitral tribunal established in 2011 by prominent local business leaders to improve the resolution of trade disputes in Bangladesh and boost economic growth.

The BIAC Board of Directors is chaired by the President of the Bangladesh International Chamber of Commerce and includes the Presidents of other leading chambers such as the Dhaka Chamber of Commerce and Industry and the Metropolitan Chamber of Commerce and Industry. The Centre operates under the Bangladesh Arbitration Act 2001. According to BIAC, expedited cases are resolved in about six months, while typical cases are resolved within a year. Major Bangladeshi trade and trade associations such as the American Chamber of Commerce in Bangladesh can sometimes help resolve disputes over transactions.