Bangladesh’s Foreign Exchange Act and the Crypto Ban: What You Need to Know
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Key Takeaways
- Bangladesh relies on the Foreign Exchange Regulations Act (FERA) of 1947 a law governing foreign exchange and currency transactions to justify its crypto ban.
- The central bank’s 2017 directive bans any crypto transaction, yet the statute never officially defined digital coins as “currency”.
- Banking channels, card monitoring, and informal agents are the main enforcement tools, but a vibrant underground market persists.
- For tax purposes, the National Board of Revenue (NBR) treats crypto as property, so profits may be taxed even though the activity is prohibited.
- Neighbouring India and Pakistan have moved toward regulated frameworks, highlighting Bangladesh’s isolation.
What the Foreign Exchange Regulations Act Actually Says
The Foreign Exchange Regulations Act (FERA) defines “currency” in two narrow buckets. The first lists paper‑based instruments like notes, cheques, drafts, and travellers’ cheques. The second allows the central bank to declare any other instrument as currency through a gazette notification.
Because the act was drafted in 1947, it never imagined a decentralized, code‑based token. No gazette notification has ever been issued to label Bitcoin, Ethereum, or any other cryptocurrency as “currency”. This creates a legal gray zone: the language of the act can be invoked, but the statutory basis for criminal prosecution is shaky.
How Bangladesh Bank Interprets the Act for Crypto
In March 2017, Bangladesh Bank issued a circular that outright prohibited “any form of cryptocurrency usage, trading or possession”. The bank cited money‑laundering and terrorism‑financing risks, and pointed to FERA as the legal backbone. Even though the act does not explicitly mention digital tokens, the bank’s broad reading treats any asset that can be exchanged for foreign currency as falling under its remit.
That interpretation extends to all financial intermediaries. Commercial banks are instructed to block any transaction that appears to involve crypto, and they are required to flag suspicious USD‑denominated card payments that could be linked to overseas exchanges.
Legal Gaps: Does Bitcoin Count as “Currency”?
Legal scholars split on this question. On one side, they argue that Bitcoin is an “instrument” that can be used to acquire foreign exchange, so it fits the spirit of FERA’s second clause. On the other side, they note the statutory requirement that the central bank must **declare** an instrument as currency via a formal Gazette notice-a step that has never happened.
This distinction matters because if the declaration never occurs, any prosecution that relies solely on FERA could be challenged in court for lacking a clear statutory basis. The same ambiguity exists in the Anti‑Money Laundering Act (AMLA), which references FERA’s definition when dealing with “foreign currency”.
Enforcement in Practice: Banks, Card Monitoring, and Underground Agents
Despite the legal loophole, enforcement is aggressive. Banks scan for:
- Credit and debit card purchases in US dollars that match known crypto exchange patterns.
- Transfers to accounts flagged by the central bank’s watchlist.
When a suspicious transaction is detected, the bank must freeze the account and report it to Bangladesh Bank. At the same time, a shadow network of local agents offers “over‑the‑counter” crypto purchases: you give them Bangladeshi Taka, they hand you a receipt, and you receive crypto in a wallet on the side.
These agents charge a small commission (usually 1‑2%). Because the exchange happens outside the formal banking system, it is hard for regulators to trace, and many users claim plausible deniability - they never hold the private keys themselves.
Tax Treatment: Crypto as Property under Income Tax Ordinance
The National Board of Revenue (NBR) has not issued a dedicated crypto tax law. Instead, it treats digital tokens as “property” under the Income Tax Ordinance of 1984. Capital gains from selling crypto are therefore subject to the standard tax rates (10% to 30% based on income brackets).
This creates a paradox: you can be fined for possessing crypto, yet you could still owe tax on any profit you made from it. The NBR’s stance reflects a pragmatic approach - the government wants to capture revenue even from activities it officially condemns.
Regional Comparison: Bangladesh vs India & Pakistan
| Country | Regulatory Stance | Tax Rate on Gains | Key Enforcement Tools | Recent Developments (2025) |
|---|---|---|---|---|
| Bangladesh | Full prohibition via Bangladesh Bank circular; relies on FERA | Capital gains tax applied (10‑30%) under Income Tax Ordinance | Bank card monitoring, freeze orders, informal agent crackdown | NBR considering dedicated crypto framework; no Gazette notice yet |
| India | Regulated - crypto trading allowed on exchanges | 30% tax on profits + 1% TDS on transactions | SEBI oversight, exchange licensing, AML/KYC requirements | FY 2024‑25 tax collection hit $1.8billion |
| Pakistan | Regulated - Pakistan Digital Assets Authority (PDAA) established | No uniform tax yet; discussions ongoing | PDAA licensing, 2,000MW allocated for Bitcoin mining | PDAA launched May2025, first licensing round completed |
Bangladesh’s isolation stands out. While India extracts revenue and Pakistan is building a mining hub, Bangladesh’s ban may push activity underground and limit participation in the regional digital‑asset economy.
Expert Opinions and Future Outlook
Academic voices, such as Dr. BMMainul Hossain from Dhaka University, argue that outright bans are ineffective. He suggests a licensing model that would let the central bank monitor exchanges while still collecting tax revenue.
Legal practitioners point out that without a formal Gazette declaration, prosecutors may struggle to convince a court that crypto falls under FERA. This pressure could force the government to either amend the act or craft a new, technology‑focused law.
Meanwhile, the NBR’s ongoing review hints at a possible “crypto‑specific” tax guideline in the next fiscal year. If such a framework emerges, it might be paired with a clearer statutory definition, effectively converting the ban into a regulated regime.
Bottom‑Line Checklist for Anyone Touching Crypto in Bangladesh
- Assume the central bank will freeze any bank‑linked crypto transaction.
- If you trade via an overseas app, use a VPN and keep wallet keys entirely off‑bank.
- Maintain detailed records of any profit - the NBR can still tax you.
- Stay alert for any official Gazette notice that could redefine “currency”.
- Watch for NBR announcements; a dedicated crypto tax rule could arrive in 2026.
Frequently Asked Questions
Does Bangladesh’s crypto ban mean I can’t own Bitcoin at all?
The ban covers any activity that involves Bangladesh’s banking system - buying, selling, or transferring crypto through local banks or card payments is prohibited. Holding Bitcoin in a personal, offline wallet that never touches a Bangladeshi bank is a legal gray area, but you could still face tax obligations if you realise gains.
Can the government prosecute me under FERA for using crypto?
Prosecutions rely on the central bank’s interpretation of FERA. Because no Gazette notice officially labels crypto as “currency”, a defence could argue the law doesn’t apply. However, courts have historically given deference to Bangladesh Bank’s directives, so the risk remains high.
How are crypto profits taxed in Bangladesh?
Profits are treated as capital gains under the Income Tax Ordinance. The rate depends on your total taxable income - anywhere from 10% to 30%. There is no specific crypto tax form yet, so you report the gain as “property” income.
What enforcement methods does Bangladesh Bank use?
Banks are required to flag any USD‑denominated card transaction that resembles a crypto purchase, freeze the account, and report to the central bank. The bank also monitors large cash‑in cash‑out patterns and works with law enforcement to raid informal agent networks.
Is there any sign that Bangladesh will relax its crypto stance?
The NBR is reviewing a dedicated crypto tax framework, and legal scholars keep pressuring the government to clarify the definition of “currency”. While no official timeline exists, these signals suggest a potential shift toward a regulated model rather than a total ban.
20 Comments
Helen Fitzgerald
October 10, 2025 at 09:17
Hey folks, just wanted to say that navigating Bangladesh’s crypto rules can feel like walking through a legal maze, but you’ve got this!
Keep a solid paper trail of any crypto‑related gains and make sure you’re storing your private keys offline if you can.
If you ever need a quick rundown on how the tax treatment works, I’m happy to break it down in plain English.
Stay safe, stay informed, and don’t let the ban scare you away from learning more about the tech.
mark noopa
October 12, 2025 at 09:17
Ah, the grand paradox of prohibition without definition – it's like trying to catch a ghost with a net made of whispers. 😅
We live in an era where the law's hand is stretched over a 1947 act, yet the digital realm evolves at the speed of light.
Bangladesh Bank's 2017 circular reads like a cautionary tale, but the lack of a formal Gazette notice leaves a gaping loophole that scholars love to dissect.
Imagine a courtroom where the prosecutor cites an ancient text, hoping the judge will see the spirit rather than the letter; the defense, however, can argue that silicon‑based tokens were never on the lawmakers' radar.
Meanwhile, the underground market thrives, proving yet again that bans tend to push activity into the shadows rather than extinguish it.
From a philosophical standpoint, we see a clash between state control and individual autonomy, echoing the age‑old debate of liberty versus security.
One could say the state is playing chess while the people are inventing new pieces.
And let’s not forget the tax angle – the NBR treating crypto as property is a pragmatic move, ensuring revenue streams even when the activity is officially frowned upon.
That duality creates a surreal reality where you might be fined for holding Bitcoin yet still owe tax on its appreciation.
Think about the enforcement mechanisms: banks flagging USD‑denominated card payments, freezing accounts, and the relentless pursuit of informal agents.
These agents, operating in the gray corners of the economy, become the lifeblood of a hidden ecosystem.
They charge modest commissions – 1‑2% – and provide plausible deniability for users who never touch a bank.
Yet this deniability is fragile; any slip can lead to investigations and asset seizures.
What’s fascinating is the regional contrast: India’s regulated exchanges bask in legitimacy while Bangladesh clings to prohibition.
The future may hold a pivot toward licensing, as scholars like Dr. Hossain suggest, merging oversight with participation.
Until then, the crypto community in Bangladesh walks a tightrope, balancing risk, compliance, and the drive for innovation. 😎
Rama Julianto
October 14, 2025 at 09:17
Listen up, the core of this mess is that the law was written for paper notes, not for code.
Bangladesh’s reliance on FERA is a textbook example of outdated legislation being weaponized.
When the central bank says "no crypto," they back it up with bank freezes and card monitoring – that’s real enforcement, not just talk.
If you’re using an offline wallet, you might dodge the bank’s radar, but the taxman still sees you as a property holder, so don’t think you’re invisible.
Tax evasion isn’t a joke; the NBR will come after any undisclosed gains and hit you with penalties.
And those local agents? They’re a ticking time bomb – every transaction leaves a paper trail somewhere, and the authorities are sharpening their tools.
Bottom line: you’re walking a razor‑thin line between legal gray area and outright crime.
Stay sharp, keep records, and consider the real risk before you dive in.
Ethan Chambers
October 16, 2025 at 09:17
Wow, another government trying to stop progress with a 1940s law.
gayle Smith
October 18, 2025 at 09:17
Alright, let’s unpack this like a high‑voltage drama: the ban is the headline act, but the real show is the underground broker network humming behind the curtains.
These agents operate in dimly lit back‑rooms, swapping fiat for crypto with a wink and a nod, while the central bank’s drones buzz overhead, scanning every transaction for that tell‑tale USD signature.
If you think you’re invisible because you’re off the grid, think again – the money still flows through the formal economy at some point, and that’s where the crackdown hits.
It’s a classic cat‑and‑mouse game, and the mouse is constantly reinventing its holes.
Leynda Jeane Erwin
October 20, 2025 at 09:17
Given the current regulatory climate, it would be prudent to adopt a dual‑approach: maintain a formal record for tax compliance while employing robust privacy measures for any crypto holdings.
Please ensure that all transaction logs are securely archived, as the National Board of Revenue could request evidence of capital gains at a later date.
Brandon Salemi
October 22, 2025 at 09:17
Great points raised above – just to add, using a hardware wallet and a reputable VPN can further reduce exposure when dealing with overseas exchanges.
Stay safe and keep the community informed!
Siddharth Murugesan
October 24, 2025 at 09:17
This whole crypto ban is a clumsy attempt to look tough while the market just adapts and thrives underground. The enforcement agencies are wasting resources chasing shadows when they could focus on real economic growth.
Anjali Govind
October 26, 2025 at 09:17
I appreciate the detailed breakdown of the legal situation. It’s clear that while the ban restricts formal channels, the community still finds ways to stay active, especially through offline wallets and peer‑to‑peer trades.
Sanjay Lago
October 28, 2025 at 09:17
Exactly, and building on that, maintaining transparent records of any crypto transactions, even if they’re off‑chain, can safeguard you from unexpected tax audits. It’s all about preparation.
arnab nath
October 30, 2025 at 09:17
The ban is just a front; the real agenda is to control capital flight and keep the populace dependent on state‑approved financial channels.
Orlando Lucas
November 1, 2025 at 09:17
Reflecting on the situation, one can see the tension between sovereign authority and the decentralized ethos of cryptocurrency.
While the state seeks to protect its monetary system, the inherent resilience of blockchain technology challenges any absolute control.
It’s a philosophical tug‑of‑war that plays out in policy, enforcement, and everyday user decisions.
Philip Smart
November 3, 2025 at 09:17
Sounds like a lot of paperwork for something that can be done in a few clicks elsewhere.
Jacob Moore
November 5, 2025 at 09:17
If you’re diving into crypto in Bangladesh, consider a multi‑signature wallet and keep backup seeds offline. That way, even if a bank tries to freeze assets, you retain full control.
Manas Patil
November 7, 2025 at 09:17
From a cultural perspective, the reluctance to embrace crypto stems from a historical preference for centralized financial institutions, but the younger generation is already shifting attitudes rapidly.
Annie McCullough
November 9, 2025 at 09:17
Interesting how the ban fuels a thriving underground market 😊
Carol Fisher
November 11, 2025 at 09:17
It’s disgraceful that a nation would stifle financial innovation while claiming to protect its citizens. This misguided policy hurts progress and punishes honest entrepreneurs.
Melanie Birt
November 13, 2025 at 09:17
Indeed, the prohibition is counter‑productive; a clear regulatory framework would empower users and allow the government to collect rightful taxes without driving activity underground. 😊
Lady Celeste
November 15, 2025 at 09:17
The whole situation feels like a drama script with no satisfying ending.
Jon Asher
November 17, 2025 at 09:17
Let’s keep the conversation constructive and support each other in navigating these challenges.