Facilitators & Agents | Bangladesh LNG Supply Framework

⚠️ Anti-Corruption Warning

Commission arrangements in government procurement carry significant legal risk under both Bangladesh and international law (e.g., FCPA for U.S. entities).

🚦 Risk Assessment Matrix

Activity	Risk Level	Notes
Technical consulting (pre-bid)	Lower Risk	Advisory services with disclosed fees
Market intelligence services	Lower Risk	Research and analysis
Commercial agent fees (private)	Medium Risk	Depends on disclosure
Success fees on govt contracts	High Risk	May violate procurement law
Commissions to govt officials	Prohibited	Criminal under ACC Act

⚖️ Legal Framework

▶Anti-Corruption Commission Act, 2004

Criminalizes bribery, abuse of position, and fraudulent procurement.

📄 ACC Act 2004

▶Public Procurement Act, 2006

Requires transparency and fair competition in government procurement.

📄 Procurement Act 2006

▶U.S. Foreign Corrupt Practices Act (FCPA)

U.S. law prohibiting bribery of foreign officials. Applies to U.S. companies engaging with Bangladesh government.

🤝 Role of a Commissioning Agent Source: RPGCL/MSPA

An entity/agency representing an LNG supplier would perform the following:

Function	Description
Pre-Qualification Coordination	Assemble and submit full EOI package to RPGCL (cover letter, statement form, signing authorization, financial annexes, technical annexes)
Liaison with RPGCL	Act as communication point during EOI and shortlisting phase
Firm Supply Offer Support	Assist Supplier in preparing responses within 72-hour binding window

🚨 Critical: Agent is NOT a Contract Party

Once the MSPA is signed, all operational notices must flow directly between Seller and RPGCL. The agent is NOT a party to the contract and cannot execute or amend contract terms.

💡 Key Insight

The agent's greatest value is navigating Bangladeshi government structure — NOT in contract execution, which is a direct bilateral relationship between Seller and Petrobangla/RPGCL.

✅ Legitimate Activities

Market research — Understanding procurement landscape
Technical consulting — Preparing compliant bids
Legal advisory — Contract review, compliance
Logistics coordination — Shipping support
Translation — Document preparation
Government liaison — Navigating institutional structures

All activities should have disclosed, fixed fees — not success-based commissions.