Trade Agreement Concluded Between the United States and the Dr. Yunus Government in February 2026

Just three days before the 13th National Parliamentary Election, on February 9, 2026, the agreement was announced through a joint statement by the interim government led by Dr. Muhammad Yunus and the White House. Subsequently published by the Office of the United States Trade Representative (USTR), the agreement encompasses highly critical and strategic issues, including tariff reduction, the elimination of non-tariff barriers, digital trade, labor rights, environmental protection, and national security cooperation.

Agreement Concluded Between the United States and the Government of the People’s Republic of Bangladesh on Mutual Trade

Customs, Tariffs, and Market Access

One of the primary aspects of the agreement is the bilateral tariff mechanism. Under this agreement, the United States will lower the existing tariffs on Bangladeshi goods to 19 percent, with a decision to reduce tariffs straight to zero percent for certain specific products. In return, Bangladesh will also impose designated tariffs on goods imported from the United States. According to the terms of the agreement, while immediate tariff exemptions will be granted to some products, tariffs on other items will be phased out gradually over a period of 5 to 10 years. Furthermore, Bangladesh will not impose any type of quota on the import of US goods in the future.

Priority Products and Elimination of Non-Tariff Barriers

Bangladesh has committed to ensuring special tariff concessions and preferential market access for US industrial and agricultural products. Under this framework, chemicals, medical equipment, IT equipment, soybeans, dairy products, beef, and various fruits will gain easy entry into Bangladesh. Notably, for motor vehicles and pharmaceutical products, goods meeting US standards can directly enter the market without extra testing or regulatory hurdles. In addition, the agreement specifies making the import licensing process more transparent and non-discriminatory, while ensuring that no market barriers are created regarding the naming of internationally popular cheese and meat products (such as Cheddar, Mozzarella, and Salami).

Digital Economy and Cyber Security

To foster the growth of digital trade, Bangladesh has pledged to ensure the free flow of cross-border data and permanently refrain from imposing customs duties on electronic transmissions. To address cyber security challenges, both countries will provide technical and strategic cooperation to one another. Furthermore, according to the terms of the agreement, no discriminatory digital taxes may be imposed on US companies operating businesses in Bangladesh.

Labor Rights and Intellectual Property Protection

Bangladesh has made a firm commitment to protecting internationally recognized labor rights. This includes the prohibition of child labor and forced labor, amending labor laws to facilitate the formation of trade unions, and ensuring full rights and the right to strike for workers within Export Processing Zones (EPZs). Additionally, the agreement emphasizes the swift resolution or withdrawal of all criminal cases related to the 2023 labor movements. Simultaneously, Bangladesh will take effective measures to curb online piracy and prevent counterfeit goods at the borders through the implementation of robust intellectual property laws.

Strategic Security and Large-Scale Commercial Transactions

In the interest of national security, Bangladesh will cooperate in enforcing US export controls and sanctions, and ensure the protection of sensitive technologies. Parallel to the agreement, several massive commercial announcements were made, including the purchase of 14 aircraft from the US Boeing Company by Biman Bangladesh Airlines and a plan to import approximately $15 billion worth of LNG and energy from the United States over the next 15 years. Furthermore, Bangladesh will secure its food security and industrial demand by purchasing wheat, soybeans, and cotton worth $3.5 billion annually.

For your understanding, a basic translation of the agreement text and the primary documentation structure are attached below:

Preamble

The United States and the People’s Republic of Bangladesh (individually “a Party” and collectively “the Parties”):

• Emphasizing their shared commitment to sovereignty, economic prosperity, and resilient supply chains, along with partnership values;

• Recognizing the bonds of friendship and cooperation between them, particularly their trade and investment relations, as reflected in the ‘Trade and Investment Framework Agreement’ (TIFA) concluded between the Government of the United States and the Government of Bangladesh;

• With the objective of further enhancing mutual cooperation or reciprocity in bilateral trade relations through the elimination of tariffs and non-tariff barriers; and

• In an effort to strengthen their commercial relationship through increased mutual coordination on national and regional economic security,

Have agreed as follows:

Article 1: Tariffs and Quotas

Section 1.1: Tariffs and Quotas

1. As set forth in Schedule 1 to Annex I, Bangladesh shall apply import duties¹ on originating goods of the United States in accordance with those rates.

2. Unless otherwise agreed by the Parties, Bangladesh shall not impose any type of quota (quantitative restriction) on the import of originating goods of the United States.

3. As set forth in Schedule 2 to Annex I, the United States shall impose a reciprocal tariff rate on originating goods of Bangladesh.

Note 1: Customs duty shall include any type of Customs Duty (CD), Supplementary Duty (SD), or Regulatory Duty (RD).

Article 2: Non-Tariff Barriers and Related Matters

Section 2.1: Import Licensing

Bangladesh shall not apply import licensing² to originating goods of the United States in a manner that creates barriers to the import of such goods. Bangladesh shall ensure that any non-automatic import licensing system applied by it is used solely for essential administrative operations and is transparent, non-discriminatory, and not unreasonably burdensome; and that it does not reduce the competitive capacity of US export products.

Section 2.2: Technical Regulations, Standards, and Conformity Assessment

1. Bangladesh shall permit entry into its territory of products originating in the United States without any additional conformity assessment if they follow relevant US or international standards, US technical regulations, or US or international conformity assessment procedures—provided that certification has been issued by a governmental or internationally recognized laboratory. In this regard:

   • (a) Bangladesh shall in no way accord less favorable treatment to US conformity assessment bodies than it accords to bodies in its own country (non-discriminatory treatment); and

   • (b) Bangladesh shall cooperate in accepting US standards or methods for those products where third-party conformity assessment is not required under the US regulatory framework.

2. Bangladesh shall ensure that technical regulations, standards, and conformity assessment procedures are applied non-discriminatorily and do not operate as a disguised restriction on bilateral trade. In addition, Bangladesh shall eliminate existing technical barriers to trade—which undermine mutual interests and create duplicative or unnecessary testing and conformity assessment obligations.

Section 2.3: Agriculture

1. As set forth in Schedule 1 to Annex I, Bangladesh shall provide non-discriminatory or preferential market access for US agricultural products.

2. Bangladesh shall ensure that its sanitary and phytosanitary (SPS) measures are science- and risk-based and do not operate as a disguised restriction on bilateral trade. In addition, Bangladesh shall eliminate unjustified SPS barriers that undermine mutual interests.

Note 2: For greater certainty, the terms “import licensing”, “automatic import licensing”, and “non-automatic import licensing” shall have the same meanings as provided in the World Trade Organization (WTO) Agreement on Import Licensing Procedures.

3. Bangladesh shall not enter into any agreement or understanding with a third country that incorporates unscientific, discriminatory, or preferential technical standards favoring a specific party; or that incorporates third-country SPS measures inconsistent with US or international standards; or otherwise disadvantages US exports to those third countries.

Section 2.4: Geographical Indications (GI)

Bangladesh shall ensure transparency and fairness in the protection or recognition of geographical indications, including the fulfillment of international treaty obligations. If Bangladesh protects or recognizes a term as a geographical indication identifying a specific good, but the quality, reputation, or other characteristics of that good are not essentially attributable to its geographical origin, Bangladesh shall permit the use of that term for US products as well.

Section 2.5: Cheese and Meat Terms

Bangladesh shall not restrict market access for US products solely due to the use of specific cheese and meat terms listed in Annex 2.

Section 2.6: Intellectual Property

Bangladesh shall ensure a strong standard for the protection of intellectual property (Note 3). Bangladesh shall adopt effective civil, criminal, and border enforcement measures against the infringement of intellectual property rights, and shall ensure that these measures address and prevent any form of misappropriation or theft of intellectual property, including in the online environment. Bangladesh shall prioritize effective criminal and border enforcement actions against copyright and trademark infringement.

Section 2.7: Services

Bangladesh shall not adopt or maintain any measure that places US services or service suppliers in a discriminatory position compared to its own domestic service suppliers or service suppliers of any other third country, jurisdiction, or economy. This Section shall not apply where the measure is covered by a ‘non-conforming measure’ or limitation in all of Bangladesh’s trade agreements, or where Bangladesh is not bound by a commitment regarding the measure.

Note 3: For the purposes of this Agreement, “intellectual property” shall mean all categories of intellectual property described in Sections 1 through 7 of Part II of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Furthermore, for the purposes of this Agreement, the protection of intellectual property shall include matters regarding technological protection measures and rights management information.

Section 2.8: Good Regulatory Practices

Bangladesh shall adopt and implement the good regulatory practices set forth in Section 1.17 of Annex 3, which will ensure greater transparency, predictability, and stakeholder engagement throughout the entire regulatory lifecycle.

Section 2.9: Labor

1. Bangladesh shall impose and enforce prohibitions on the import of goods produced, mined, or manufactured, wholly or in part, by convict labor, forced labor, or compulsory labor (including indentured labor and child indentured labor).⁴

2. Bangladesh shall protect internationally recognized labor rights.⁵ This includes adopting or maintaining these rights in its own laws and practices, and effectively enforcing labor laws—which encompasses establishing or maintaining the institutions necessary to protect labor rights. Bangladesh shall provide for appropriate legal penalties or sanctions for violations of these laws and shall effectively enforce them. Bangladesh shall not weaken or reduce the protections of its labor laws; and if any such protections have been reduced or weakened to date to encourage trade or investment, Bangladesh shall address them.⁶ Additionally, Bangladesh shall address labor rights issues that contribute to unequal or non-reciprocal trade.

Section 2.10: Environment

Bangladesh shall adopt and maintain environmental protections, effectively enforce its own environmental laws, maintain or establish robust environmental governance frameworks as necessary, and address environmental issues that contribute to non-reciprocal trade.

Section 2.11: Border Measures and Taxation

1. If the United States adopts any border measure to address regulatory arbitrage that disadvantages US workers and businesses, Bangladesh shall coordinate to resolve that issue and make efforts to align its own border measures accordingly.

2. Recognizing that differences in tax systems can cause unilateral or unequal trade, Bangladesh shall not challenge any action taken by the United States to refrain from granting or to impose direct tax rebates on exports from the United States; this includes refraining from taking countervailing measures or doing so through the World Trade Organization (WTO).

Note 4: In this regard, Bangladesh may recognize decisions of the US Government regarding various entities under Section 307 of the Tariff Act.

Note 5: For the purposes of this Section, internationally recognized labor rights shall include the rights under the International Labour Organization (ILO) ‘Declaration on Fundamental Principles and Rights at Work (1998)’ (as amended in 2022); the prohibition of the worst forms of child labor; and acceptable conditions of work with respect to minimum wages and hours of work.

Note 6: For greater certainty, the scope of this Section shall include special economic zones (including export processing zones) or sector-specific laws or regulations where lower labor protections exist compared to the primary economy.

3. Bangladesh shall not impose any Value Added Tax (VAT) that is de jure or de facto discriminatory toward US companies.

4. Bangladesh shall, by 2030, implement and maintain technological solutions that guarantee full pre-arrival processing, paperless trade, and digitized procedures for the movement of US goods across its borders.

Article 3: Digital Trade and Technology

Section 3.1: Digital Services Tax

Bangladesh shall not adopt or maintain any Digital Services Tax (DST) or similar measure that is de jure or de facto discriminatory toward US companies.

Section 3.2: Facilitation of Digital Trade

1. Bangladesh shall facilitate digital trade with the United States, which includes:

   • (a) Refraining from adopting measures that discriminate against US digital products;

   • (b) Ensuring the free transfer of data across trusted borders for business operations; and

   • (c) Cooperating with the United States to address cyber security challenges.

2. If Bangladesh enters into any new digital trade agreement with a third country that jeopardizes the essential interests of the United States, and the issue is not resolved through consultations with Bangladesh, the United States may terminate this Agreement. In such an event, the United States reserves the right to re-impose the reciprocal tariff rates determined in accordance with Executive Order 14257 issued on April 2, 2025.

Section 3.3: Customs Duties on Electronic Transmissions

Bangladesh shall not impose customs duties on electronic transmissions (including electronically transmitted content). Furthermore, Bangladesh shall support multilateral initiatives at the World Trade Organization (WTO) to maintain a permanent moratorium on customs duties on electronic transmissions.

Section 3.4: Conditions for Market Access

1. As a condition for conducting business in Bangladesh, Bangladesh shall not compel any US person engaged in commercial activities to involuntarily transfer or provide access to any specific technology, production process, source code, or other proprietary knowledge; nor shall it coerce or enforce commitments to purchase, use, or accord preference to any specific technology.

2. Nothing in this Section shall preclude:

   • (a) The application of this provision to government procurement procedures;

   • (b) The inclusion or enforcement of terms regarding the provision of source code in contracts executed through commercial negotiations; or

   • (c) A regulatory body or judicial authority from requiring a person of the other Party to preserve or present software source code or algorithms contained in that code for a specific investigation, inspection, enforcement action, or judicial proceeding—subject to adequate safeguards against unauthorized disclosure.

Article 4: Economic and National Security

Section 4.1: Complementary Measures

1. If the United States adopts any border measure or other commercial action in the interest of protecting its economic or national security and deems it relevant, the United States expresses its intent to notify Bangladesh. Upon receipt of such notification, and based on consultations between the Parties, Bangladesh shall adopt or maintain a complementary restrictive measure in accordance with its domestic laws and regulations to support the US action.

2. Bangladesh shall adopt and implement necessary measures to halt practices by companies operating within its jurisdiction that are owned or controlled by a third country, which result in:

   • (1) The export of goods to the United States at prices below market value;

   • (2) An increase in the export of goods to the United States at prices below market value;

   • (3) A reduction of US exports to Bangladesh; or

   • (4) Distortions or barriers to US exports in third-country markets. The United States shall share information regarding such “below market value” goods with Bangladesh.

Section 4.2: Export Controls, Sanctions, Investment Security, and Related Matters

1. For the purpose of controlling trade in technologies and goods sensitive to national security, Bangladesh shall cooperate with the United States through existing multilateral export control regimes; align its own export control system with US export controls regarding such technologies and goods; and ensure that Bangladeshi companies do not circumvent these controls to backfill or weaken the regime.

2. Consistent with and subject to the applicable requirements of its domestic laws, Bangladesh shall cooperate with the United States to restrict transactions that, if performed in the United States or by a US person, would constitute a violation of US sanctions or export controls.⁷

3. To increase transparency on economic and national security matters and to share expertise with the United States, Bangladesh shall cooperate in sharing information regarding inbound investment.

4. If the United States determines that Bangladesh is cooperating in addressing shared national and economic security issues, the United States may favorably consider this cooperation when administering its own laws and regulations concerning export controls, investment reviews, and other measures.

Section 4.3: Other Measures

1. The United States shall work with Bangladesh to further facilitate and enhance defense trade.

2. Bangladesh shall take necessary measures to promote shipbuilding and shipping industries through market-economy countries. Both Parties shall engage in dialogue regarding such measures.

3. Bangladesh and the United States shall enter into a duty evasion cooperation agreement.

4. If Bangladesh enters into any new bilateral free trade agreement or preferential economic agreement with a non-market country that is inconsistent with this current Agreement, and US concerns are not resolved through consultations, the United States may terminate this Agreement. In such an event, the reciprocal tariff rates determined under Executive Order 14257 of April 2, 2025, may be re-imposed.

5. Bangladesh shall not purchase any nuclear reactor, fuel rods, or enriched uranium from any country that jeopardizes the essential interests of the United States; however, proprietary materials with no alternative supplier, or technologies and materials contracted for existing reactors prior to the entry into force of this Agreement, shall be exempt from this restriction.

Note 7: These transactions include those involving persons and entities listed on the Entity List of the Bureau of Industry and Security of the US Department of Commerce, as well as the SDN (Specially Designated Nationals) list and the Non-SDN Consolidated Sanctions list of the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury.

Article 5: Commercial Considerations and Opportunities

Section 5.1: Investment

1. Bangladesh shall permit and facilitate US direct investment within its territory for mineral and energy resource exploration, mining, extraction, refining, processing, transportation, distribution, and export. Furthermore, in the sectors of power generation, telecommunications, transportation, and infrastructure services, Bangladesh shall accord to US investors treatment no less favorable than it accords to its own domestic private investors, and shall regulate these investments in accordance with the minimum standards of international law.

2. The United States shall, through its institutions—such as the Export-Import Bank of the United States (EXIM Bank) and the US International Development Finance Corporation (DFC)—consider supporting the financing of investments in critical sectors in Bangladesh (subject to eligibility). This shall be carried out in coordination with US private partners and in accordance with applicable laws.

3. Bangladesh shall, to the best of its ability, facilitate new greenfield investments that create employment opportunities within the United States.

Section 5.2: Commercial Considerations

1. Bangladesh shall ensure that its State-Owned Enterprises (SOEs) or state-controlled enterprises, as well as state enterprises of third countries operating within its market, act in accordance with commercial considerations during their commercial activities:

   • (a) follow commercial principles and practices when purchasing or selling goods or services;

   • (b) refrain from engaging in discriminatory practices against US goods or services; and

   • (c) refrain from providing subsidies to any other domestic producers, except for enterprises producing non-commercial public interest goods. Bangladesh shall refrain from providing any type of non-commercial assistance or subsidies to its own state-owned manufacturing enterprises.

2. Upon the written request of the United States, Bangladesh shall provide comprehensive information regarding all types of non-commercial assistance or subsidies provided to any manufacturing enterprise (excluding non-commercial public service enterprises) operating within its territory. Furthermore, if such subsidy or assistance measures create distortive impacts on trade and investment with the United States, Bangladesh shall take appropriate measures to eliminate them.

Section 5.3: Textiles and Apparel

The United States commits to establishing a mechanism through which specific textile and apparel products from Bangladesh shall receive the benefit of a “zero reciprocal tariff rate.” Under this mechanism, a to-be-specified volume of Bangladeshi apparel and textile products may enter the United States at reduced tariff rates. However, this import volume shall be determined based upon the volume of textile materials (such as US-grown cotton and man-made fibers) exported from the United States to Bangladesh.

Section 5.4: Procurement

As set forth in Section 6 of Annex 3, Bangladesh shall procure originating goods of the United States.

Article 6: Implementation, Enforcement, and Final Provisions

Section 6.1: Annexes, Appendices, and Footnotes

The annexes, appendices, and footnotes to this Agreement constitute an integral part of this Agreement.

Section 6.2: Amendments and Modifications

Either Party may request reasonable modifications to this Agreement, which the other Party shall consider in good faith. The Parties may agree in writing to amend this Agreement, provided that such amendment does not undermine the benefits of this Agreement or any other existing agreement between the Parties.

Section 6.3: Rules of Origin

The intent of the Parties is that the benefits of this Agreement should primarily accrue to them and their citizens. If the benefits of this Agreement primarily accrue to a third country or citizens of a third country, either Party may—following consultations with the other Party, if possible—establish the necessary ‘Rules of Origin’ to achieve the true objectives of this Agreement.

Section 6.4: Enforcement

1. Nothing in this Agreement shall preclude either Party from imposing additional duties to remedy unfair trade practices, address sudden import surges, protect its economic or national security, or for any other similar cause consistent with its laws.

2. If the United States determines that Bangladesh has failed to comply with any provision of this Agreement, the United States shall, if possible, initiate consultations with Bangladesh. If these consultations do not yield a satisfactory resolution, the United States may, as a remedy for such non-compliance, re-impose the reciprocal tariff rates determined in accordance with Executive Order 14257 of April 2, 2025, on specific or all imports from Bangladesh.

Section 6.5: Termination

Either Party may terminate this Agreement by providing written notice to the other Party. Such termination shall take effect 60 days after the date on which one Party provides written notice to the other Party, or on any other date determined by the Parties.

Section 6.6: Entry into Force

This Agreement shall enter into force 60 days after the Parties exchange written notifications confirming that their respective applicable legal procedures have been completed, or on any other date determined by the Parties.

ANNEX 1

Schedule 1

Tariff Schedule of Bangladesh

General Notes

1. The provisions of this Schedule are generally expressed in terms of the First Schedule (Bangladesh Customs Tariff) of the Customs Act, 2023, as amended. The interpretation of the provisions of this Schedule, including the product coverage of subheadings, shall be governed by the General Notes, Section Notes, and Chapter Notes of the Bangladesh Customs Tariff. To the extent that the provisions of this Schedule coincide with the corresponding provisions of the Bangladesh Customs Tariff, the provisions of this Schedule shall have the same meaning as the corresponding provisions of the Bangladesh Customs Tariff.

2. The base rates of duty set out in this Schedule reflect Bangladesh’s Most-Favored-Nation (MFN) rates of duty in effect on July 1, 2025, including supplementary duties and regulatory duties.

3. Bangladesh shall apply import duties on originating goods of the United States in accordance with the provisions of this Schedule. For Bangladesh, import duties shall include Customs Duty (“CD”), Supplementary Duty (“SD”) as defined in the Value Added Tax and Supplementary Duty Act, 2012, as amended, and Regulatory Duty (“RD”) as defined in the Customs Act, 2023.

4. The following staging categories apply to the elimination or reduction of import duties by Bangladesh pursuant to this Schedule:

   • (a) duties on originating goods provided for in the items in staging category “EIF” shall be entirely eliminated, and such goods shall be duty-free on the date this Agreement enters into force;

   • (b) duties on originating goods provided for in the items in staging category “B5” shall be reduced by 50 percent on the date this Agreement enters into force, and the remaining 50 percent shall be eliminated in four equal annual stages beginning on the first anniversary of the date of entry into force; such goods shall be entirely duty-free effective January 1 of year five;

   • (c) duties on originating goods provided for in the items in staging category “B10” shall be reduced by 50 percent on the date this Agreement enters into force, and the remaining 50 percent shall be eliminated in nine equal annual stages beginning on the first anniversary of the date of entry into force; such goods shall be entirely duty-free effective January 1 of year ten;

   • (d) duties on originating goods provided for in the items in staging category “A” shall be zero;

   • (e) duties on originating goods provided for in the items in staging category “X” shall remain at the applied Bangladesh MFN rate of import duty.

5. The interim staged rates for tariff items in this Schedule shall be rounded off to the nearest tenth of a percentage point or, if the rate of duty is expressed in monetary units, to the nearest Bangladeshi Taka.

6. For the purposes of this Schedule, “year one” means the year this Agreement enters into force as provided in Article 7, beginning on the date of entry into force and ending on December 31 of that same year.

7. For the purposes of this Schedule, beginning in year two, each annual stage of tariff reduction shall take effect on January 1 of the relevant year.

Schedule 2

Tariff Schedule of the United States

General Notes

1. The provisions of this Schedule are generally expressed in terms of the Harmonized Tariff Schedule of the United States (HTSUS). The interpretation of the provisions of this Schedule, including the product coverage of subheadings, shall be governed by the General Notes, Section Notes, and Chapter Notes of the HTSUS. To the extent that the provisions of this Schedule coincide with the corresponding provisions of the HTSUS, the provisions of this Schedule shall have the same meaning as the corresponding provisions of the HTSUS.

2. The United States shall not apply any additional ad valorem rate of duty described in Executive Order 14257 of April 2, 2025 (regarding Regulating Imports Through Reciprocal Trade to Remedy Commercial Practices Resulting in Large and Sustained Annual United States Merchandise Trade Deficits) to originating goods of Bangladesh.

3. The additional ad valorem rate of duty described in the amended Executive Order 14257 of April 2, 2025, shall not exceed 19 percent for all other originating goods of Bangladesh.

4. For greater certainty, the United States shall apply the rates of duty described in paragraphs 2 and 3 in addition to the applied United States MFN rate of duty.

ANNEX 2

Market Access List

(a) Cheeses:

1. American

2. Asiago

3. Blue

4. Blue-veined

5. Brie

6. Burrata

7. Camembert

8. Cheddar

9. Chèvre

10. Colby

11. Cottage cheese

12. Coulommiers

13. Cream cheese

14. Danbo

15. Edam

16. Emmental

17. Feta

18. Fontina

19. Gorgonzola

20. Gouda

21. Grana

22. Gruyère

23. Havarti

24. Limburger

25. Mascarpone

26. Monterey / Monterey Jack

27. Mozzarella

28. Munster / Muenster

29. Neufchâtel

30. Parmesan

31. Pecorino

32. Pepper Jack

33. Provolone

34. Ricotta

35. Romano

36. Saint-Paulin

37. Samso

38. Swiss

39. Tilsiter; and

40. Tomme

(b) Meats:

1. Black Forest ham

2. Bologna

3. Bratwurst

4. Capicola / Capocollo

5. Chorizo

6. Kielbasa

7. Mortadella

8. Pancetta

9. Prosciutto; and

10. Salami

ANNEX 3

Specific Commitments

Article 1: Non-Tariff Barriers and Related Matters

Industrial Goods

Section 1.1: Medical Equipment and Pharmaceuticals

1. For any medical equipment manufactured in the United States, Bangladesh shall accept prior marketing authorization or clearance granted by the US Food and Drug Administration (FDA) as sufficient evidence of eligibility for its own marketing authorization. Furthermore, for low-risk medical equipment that does not require FDA clearance, Bangladesh shall not demand marketing authorization.

2. Bangladesh shall accept the US FDA’s electronic Certificates to Foreign Governments (eCFGs) as necessary proof for medical equipment approval. In this regard, Bangladesh shall not require any hard copy, original copy, certified copy, wet signature, or apostille.

3. Bangladesh shall apply to become an affiliate member of the International Medical Device Regulators Forum (IMDRF). When formulating or implementing regulations for the marketing authorization of medical equipment, Bangladesh shall adopt the relevant scientific or technical guidelines developed by the IMDRF.

4. Bangladesh shall recognize quality management system audits and certifications of equipment manufacturers conducted in accordance with the requirements of the Medical Device Single Audit Program (MDSAP) and performed by an auditing organization approved by a regulatory authority participating in MDSAP. Bangladesh shall not impose any regulatory conditions beyond the necessary requirements of MDSAP.

5. For any medicine or pharmaceutical product manufactured in the United States, Bangladesh shall accept prior marketing authorization granted by the US FDA as sufficient evidence of eligibility for marketing authorization in its own country.

6. Bangladesh shall accept the US FDA’s electronic Certificates of a Pharmaceutical Product (eCPPs) as necessary proof for the approval of any pharmaceutical product. In this case, no hard copy, original copy, certified copy, wet signature, or apostille shall be required.

7. Bangladesh shall not require periodic re-authorization for any pharmaceutical product that has previously received marketing authorization in the United States, unless Bangladesh identifies a significant concern regarding the safety, efficacy, or quality of the said product.

8. Bangladesh shall accept the results of Good Manufacturing Practice (GMP) surveillance inspections conducted by the US FDA for pharmaceutical manufacturing facilities, subject to the fulfillment of the following conditions, and no further inspection by the relevant regulatory authority of Bangladesh shall be required:

   • (a) The manufacturing facility must be located within the territory of the United States; and

   • (b) The latest US FDA inspection report provided by the facility management must be classified as “No Action Indicated” (NAI), proving that no objectionable conditions or practices exist there.

Section 1.2: Motor Vehicles and Parts

1. Bangladesh shall accept those vehicles and vehicle parts that comply with the US Federal Motor Vehicle Safety Standards (FMVSS) and US emissions standards, and are sold in the United States. Furthermore, Bangladesh shall accept US compliance methods for automotive products without requiring US vehicles to undergo any additional processes to enter the Bangladeshi market.⁸

2. Bangladesh shall eliminate any other standards or requirements that may be discriminatory toward US vehicles and parts.

Section 1.3: Remanufactured Goods

Bangladesh shall remove import prohibitions and any licensing requirements from US remanufactured goods or their parts (Note 9).

Agriculture

Section 1.4: Recognition of the US Food and Agriculture Regulatory System and Acceptability of Certificates Issued by US Regulatory Authorities

1. Bangladesh shall recognize that the sanitary and phytosanitary (SPS) measures and other measures (including technical regulations and standards)¹⁰ adopted or maintained by the US Government fulfill the requirements of Bangladesh’s own measures regarding food and agricultural products imported into Bangladesh.

Note 8: The Parties agree that US standards provide a level of environmental protection at least equivalent to that of Bangladesh’s standards.

Note 9: A remanufactured good must meet all technical requirements applicable to a corresponding good in a new condition.

Note 10: For greater certainty, these US measures include: food safety measures; regulatory oversight of processed food production; labeling of perishable and processed food; and agricultural production protection measures.

2. In continuation of paragraph 1, Bangladesh shall accept official certificates from the US Government to ensure compliance with US requirements for importing food and agricultural products into Bangladesh. Bangladesh shall ensure that any future changes to bilateral export certification documents or electronic data elements are made only with the consent of the United States.

3. Bangladesh shall limit attestation and information requirements in certificates necessary for importing US food and agricultural products solely to what is necessary to ensure compliance with applicable US conditions.

4. Bangladesh reaffirms its commitments under Annex B of the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures and Articles 2 and 5 of the Agreement on Technical Barriers to Trade (TBT), aimed at appropriately notifying the WTO SPS or TBT Committee of proposed measures and considering comments received from WTO members before finalizing any measure.

Section 1.5: Facility Registration / Establishment Listing

Dairy Products

1. Bangladesh shall:

   • (a) recognize the US dairy safety system as providing an equivalent level of protection to that of Bangladesh’s dairy safety system;

   • (b) permit imports of US dairy products derived from cows, sheep, and goats, provided they are accompanied by a dairy sanitary certificate issued by the Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA); and

   • (c) not adopt or maintain any facility registration requirement for the import of US dairy products into Bangladesh.

Meat and Poultry (including Offal), Meat and Poultry Products, Processed Meat and Poultry, Siluriformes, and Egg Products

2. For the purpose of permitting imports of US meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products, Bangladesh shall recognize the oversight of the USDA’s Food Safety and Inspection Service (FSIS) over relevant US establishments, including cold storage facilities.

3. Bangladesh shall recognize the FSIS Meat, Poultry, and Egg Product Inspection Directory as the official list of establishments regulated by FSIS that are eligible to export meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products to Bangladesh.

Note: Protecting the United States from the introduction of destructive plant and animal pests and diseases; and regionalization protocols (regionalization policies) regarding the spread of animal diseases and plant pests.

4. Bangladesh shall accept US meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products inspected by FSIS and accompanied by an FSIS Export Certificate of Wholesomeness (FSIS 9060-5 series certificate) or electronic data elements or any successor documents.

5. Bangladesh shall not impose any additional product registration or facility registration conditions on US meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products.

Section 1.6: Agricultural Biotechnology

1. Considering the potential of agricultural biotechnology to ensure food security for a growing population and to increase agricultural productivity through input optimization, Bangladesh shall maintain a science- and risk-based regulatory framework and an efficient approval process to facilitate trade in such products.

2. Recognizing the effectiveness of the US regulatory system in assessing the safety of agricultural biotechnology products, Bangladesh shall, within 24 months of the entry into force of this Agreement, formulate and implement regulations under which agricultural biotechnology products¹¹ that are legally marketable in the United States and have completed all relevant US pre-market processes (voluntary or mandatory) shall be permitted for import and marketing in Bangladesh for the same purpose without requiring a duplicate pre-market review, de-regulation, additional labeling conditions, or separate approval from Bangladeshi authorities.

3. To resolve any “Low-Level Presence” (LLP) or trace presence incidents affecting US agricultural exports, Bangladesh shall, within 24 months of the entry into force of this Agreement, formulate and implement a policy that:

   • (a) will be executed without unnecessary delay; and

   • (b) will take into account relevant risk or safety assessments and approvals granted by the United States or any other third country.

Note 11: For greater certainty, products for industrial use are not included within agricultural biotechnology products.

Section 1.7: Non-Living Modified Organisms

Bangladesh recognizes that processed foods and agricultural products derived from agricultural biotechnology do not contain “Living Modified Organisms” (LMOs) and are therefore not subject to the approval of Bangladeshi authorities. For the purposes of this Section, “processed” means thermal treatment, milling, or any other processing that destroys the germination capability of the agricultural biotechnology product.

Section 1.8: Highly Pathogenic Avian Influenza (HPAI) – Live Poultry and Poultry Product Commodity

1. Bangladesh shall not adopt or maintain any measure regarding the import of live poultry, poultry genetics, poultry products, and eggs and egg products that is inconsistent with Chapter 10.4 (Infection with Highly Pathogenic Avian Influenza Viruses) of the World Organisation for Animal Health (WOAH) Terrestrial Animal Health Code (TAHC) or any successor regulation. Specifically, Bangladesh shall align its import definition of poultry with the WOAH TAHC definition.

2. Within 180 days of the entry into force of this Agreement, Bangladesh shall narrow the scope of HPAI regionalization for the United States from a “state-wide level” to a “10-kilometer zone” or area-specific basis. Bangladesh shall ensure that any import restrictions imposed on US live poultry and poultry products in response to an HPAI outbreak are confined strictly to the 10-kilometer zone where the outbreak has been confirmed.

3. Bangladesh shall recognize the USDA’s Animal and Plant Health Inspection Service (APHIS) as the competent animal health authority for determining whether any 10-kilometer zone is free of HPAI in accordance with WOAH TAHC Chapter 10.4, and whether live poultry and poultry products can be exported from there to Bangladesh. Bangladesh shall not impose any import restrictions on live poultry, poultry genetics, poultry products, and eggs and egg products beyond the restrictions enforced within the United States for domestic purposes.

Section 1.9: Halal Certification

If halal certification is required by Bangladesh, Bangladesh shall allow any halal certification body in the United States—that meets Bangladesh’s halal requirements—to certify products as halal for import into Bangladesh without any additional conditions (Note 12).

Note 12: This applies only to those products where halal certification is mandatory.

Section 1.10: Maximum Residue Limits (MRLs)¹³

1. Acknowledging the importance of establishing science- and risk-based MRLs, in cases where Bangladesh has not established an MRL, Bangladesh shall recognize and accept the corresponding US “tolerances.” If no corresponding tolerance exists in the United States, Bangladesh shall recognize and accept the relevant Codex Alimentarius (Codex) MRL.

2. In the event of a violation of a relevant MRL, Bangladesh shall apply enhanced and risk-based surveillance only to the specific entity responsible for that violation, if deemed necessary. Furthermore, Bangladesh shall provide the responsible entity with an opportunity to contest or resolve the alleged violation.

3. Any suspension of a US entity’s operations due to an MRL violation shall be limited by Bangladesh strictly to the specific entity responsible, and such action may only be taken after repeated non-compliance.

4. Bangladesh shall ensure that the testing methodologies and marker residues used to determine MRL compliance are consistent with the risk assessments that serve as the basis for the corresponding Bangladesh MRL, US tolerance, or Codex MRL. Bangladesh shall also ensure that testing methodologies and marker residues are communicated transparently.

Section 1.11: Market Access for Plants and Plant Products

1. Following the entry into force of this Agreement, upon the submission of any market access request by the US Party to Bangladesh, Bangladesh shall complete the market access process within 24 months of submission and enter into a protocol or understanding with the United States to grant import authorization.

2. Recognizing the International Standard for Phytosanitary Measures 14 (“ISPM 14”) on the integration of measures in a systems approach for pest risk management, Bangladesh shall adopt a systems approach protocol for the import of US plant products into its country. Following the entry into force of this Agreement, upon the submission of any request for a systems approach by the US Party to the Ministry of Agriculture of Bangladesh, the Ministry shall agree to said protocol within 24 months of receipt of the request.

Note 13: For greater certainty, the meaning of “maximum residue level” is identical to “maximum residue limit,” which is also utilized by Codex.

Import Licensing

Section 1.12: Import Licensing

1. In accordance with Article 7.3 of the Agreement on Import Licensing Procedures, Bangladesh shall promptly submit its annual questionnaire regarding import licensing procedures to the World Trade Organization (WTO).

2. Bangladesh shall not require any import permit or Letter of Credit (LC) prior to the shipment of food or agricultural products from the United States.

Intellectual Property

Section 1.13: Geographical Indications

In the protection or recognition of geographical indications (including within the context of any international agreement), Bangladesh shall:

• (a) ensure transparent and fair procedures for examination, opposition, and cancellation, including with respect to translation and transliteration;

• (b) ensure that the grounds for refusal, opposition, and cancellation include the likelihood of confusion with a pre-existing trademark and whether the term is customary in the common language as the common name for the associated good in the territory of Bangladesh;

• (c) identify and make publicly available which component or components of a protected GI term are being protected and which components are not;

• (d) not protect a single component of a multi-component GI term if that component is a term customary in the common language as the common name for the associated good in the territory of Bangladesh;

• (e) not prevent a third party from the commercial use of any word, sign, or image under the pretext of evocation of a geographical indication protected or recognized in the territory of Bangladesh; and

• (f) retain the authority to consider how consumers in Bangladesh understand a term when determining whether that term is customary in the common language as the common name for the associated good in the territory of Bangladesh, and recognize relevant factors regarding such consumer perception, such as:

  • (i) whether the term is used to refer to the type of associated product according to reliable sources like dictionaries, newspapers, and relevant websites;

  • (ii) how the product designated by the term is marketed and used in trade within the territory of Bangladesh;

  • (iii) whether the term is used in the territory of Bangladesh as the name of a specific product or class of products under relevant international standards (such as standards declared by Codex);

  • (iv) whether anyone other than the person or party claiming ownership uses the term as the name for the associated product;

  • (v) whether the product is imported into the territory of Bangladesh in significant quantities from locations other than the territory identified in the application or petition, and whether such imported products are known by this term; and

  • (vi) whether the product is produced or bought and sold in significant quantities in places other than the territory identified in the application or petition.

Section 1.14: International Agreements

If Bangladesh is not already a party to the following agreements, it shall ratify or accede to them and fully implement each agreement within the specified timelines below:

• (a) the Berne Convention for the Protection of Literary and Artistic Works, concluded at Berne on September 9, 1886, and revised at Paris on July 24, 1971;

• (b) the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, concluded at Budapest on April 28, 1977, and amended on September 26, 1980 (within 5 years);

• (c) the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, concluded at Geneva on July 2, 1999 (within 5 years);

• (d) the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, concluded at Madrid on June 27, 1889 (within 3 years);

• (e) the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, concluded at Marrakesh on June 27, 2013;

• (f) the Paris Convention for the Protection of Industrial Property, concluded at Paris on March 20, 1883, and revised at Stockholm on July 14, 1967;

• (g) the Patent Cooperation Treaty, concluded at Washington on June 19, 1970, and amended on September 28, 1979, and February 3, 1984 (within 5 years);

• (h) the Patent Law Treaty, concluded at Geneva on June 1, 2000 (within 5 years);

• (i) the Singapore Treaty on the Law of Trademarks, concluded at Singapore on March 27, 2006 (within 5 years);

• (j) the International Convention for the Protection of New Varieties of Plants, concluded at Paris on December 2, 1961, and revised at Geneva on March 19, 1991 (within 5 years);

• (k) the World Intellectual Property Organization (WIPO) Copyright Treaty, concluded at Geneva on December 20, 1996 (within 5 years); and

• (l) the WIPO Performances and Phonograms Treaty, concluded at Geneva on December 20, 1996 (within 5 years).

Services and Investment

Section 1.15: Services

1. Within three years of the entry into force of this Agreement, Bangladesh shall accede to the ‘Joint Initiative on Services Domestic Regulation’ and take effective steps toward its implementation. This shall include submitting Bangladesh’s modified ‘Specific Commitments’ for verification by the WTO.

2. Bangladesh shall eliminate requirements regarding mandatory reinsurance cession. This includes the obligation for US insurers to cede at least 50% of their reinsurance business to the Sadharan Bima Corporation (SBC).

Section 1.16: Investment

1. Bangladesh shall liberalize existing foreign equity caps on US investments in the oil and gas, insurance, and telecommunications sectors.

2. Bangladesh shall facilitate the acquisition of ‘No Objection Certificates’ (NOC) for US investors where required.

3. Bangladesh shall increase transparency and efficiency in the approval process for US investors to repatriate investment capital into and out of Bangladesh in freely usable currencies at prevailing market exchange rates. This shall include the formulation and effective implementation of clear regulatory guidelines regarding approval timelines.

4. Bangladesh shall immediately settle outstanding arrears owed to US entities in a manner consistent with its commitments under International Monetary Fund (IMF) financing programs.

Good Regulatory Practices and Transparency

Section 1.17: Good Regulatory Practices

In adopting and implementing good regulatory practices at the central level of government, Bangladesh shall:

• (a) promptly publish laws, regulations, procedures, and administrative decisions, and ensure easy access to them online;

• (b) make publicly available online the text of proposed regulatory measures, along with their regulatory impact analysis, explanations of the regulations, and their objectives;

• (c) transparently conduct public consultations or seek opinions on proposed regulatory measures; allow sufficient time for domestic and foreign interested persons to submit comments, taking into account the complexity or potential impact of the proposed regulations, and consider the comments received;

• (d) provide notice of planned regulatory measures within a reasonable timeframe and publish a priority list of regulatory policies to be developed, amended, or repealed in the near future;

• (e) use high-quality information, data, technical information, and risk assessment methodologies available to the public when planning and formulating regulations;

• (f) support international regulatory cooperation through the use of relevant international standards, guidelines, and recommendations where appropriate, to avoid unnecessary barriers to trade;

• (g) review regulations in force to determine whether modifications or repeals are necessary in light of new information or other changes; and

• (h) utilize tools such as ‘Regulatory Impact Analysis’ to assess the necessity and potential impacts of regulations, which may include alternative approaches to the regulations where appropriate.

Section 1.18: Prevention of Corruption

With the objective of combating corruption, Bangladesh commits to strengthening, implementing, and enforcing comprehensive anti-corruption laws and regulations; defining clear penalties and consequences for individuals and entities engaged in corrupt practices; and adopting and maintaining codes of conduct to ensure the proper execution of public duties and avoid conflicts of interest for public officials. To this end, Bangladesh expresses its intent to maintain accountability through the implementation and enforcement of transparent procurement processes, the strengthening of independent anti-corruption institutions, and regular public reporting.

Labor

Section 1.19: Labor Laws and Other Measures

1. Bangladesh shall amend the Bangladesh Labour Act (BLA) and issue necessary regulations to protect freedom of association and the right to collective bargaining, including the following matters:

   • (a) reducing the 20 percent membership threshold required for union registration to a level that does not create a barrier to forming unions;

   • (b) ensuring a provision that requires the Director General of the Department of Labour (DOL) to obtain approval from the Labour Court before canceling a union’s registration;

   • (c) limiting the requirement for union members’ personal information to just a factory identification number, National Identity Card (NID), or birth registration certificate;

   • (d) requiring only a single general meeting, attended by a majority of members, for the adoption of a constitution for union registration, and the submission of the minutes of that meeting;

   • (e) increasing the amount of fines for anti-union discrimination and Unfair Labor Practices (ULP) to a level that serves to deter employers from such acts;

   • (f) explicitly prohibiting the “blacklisting” of workers as an Unfair Labor Practice (ULP) and ensuring that workers and unions can file ULP cases directly in the Labour Court; and

   • (g) removing unreasonable restrictions on the right to strike, including prohibitions on strikes for a specified period after a facility commences operations and harsh penalties including imprisonment for illegal strikes.

2. Bangladesh shall ensure that workers in Export Processing Zones (EPZs) can fully exercise freedom of association and collective bargaining rights, which includes:

   • (a) bringing EPZs under the purview of the Bangladesh Labour Act (BLA) within two years of the entry into force of this Agreement so that workers can form and join trade unions, or fundamentally reforming the EPZ labor law to permit the formation of independent unions; and

   • (b) making necessary amendments to the EPZ labor law in alignment with the BLA and international standards so that no unreasonable restrictions exist on the right to strike (such as prohibiting strikes for a specified period after a facility commences operations and harsh penalties including imprisonment).

3. Bangladesh shall appropriately resolve or withdraw ongoing criminal cases filed against garment workers and labor leaders for participating in legitimate union activities and protests, including cases originating during the 2023 minimum wage movements.

4. Bangladesh shall adopt a transparent and regular minimum wage review mechanism, complete a review through this mechanism within three years of the entry into force of this Agreement, and continue it annually thereafter. Furthermore, Bangladesh shall provide relevant stakeholders with an opportunity to submit their opinions during the formulation and review of this mechanism.

5. To ensure that workers can effectively exercise their right to form unions, Bangladesh shall:

   • (a) process union applications meeting administrative requirements within 55 days as mandated by law;

   • (b) publish the status of all pending applications on the current online registration portal of the Department of Labour (DOL); and

   • (g) amend the Standard Operating Procedure (SOP) for registration to provide clear guidance to DOL officials and ensure that this SOP is consistent with the amended Bangladesh Labour Act.

6. To facilitate the effective enforcement of labor laws, Bangladesh shall:

   • (a) allocate more funding in the annual budget to increase the number of labor inspectors, authorize additional labor inspector posts, recruit personnel, and ensure career progression paths for labor inspectors;

   • (b) ensure that labor inspectors possess the authority and resources to conduct unannounced inspections and initiate legal actions against violations of labor laws (especially regarding forced labor and child labor) across all workplaces in Bangladesh, including EPZs;

   • (c) increase the severity of fines and other penalties for violations of domestic labor, fire, or building safety standards and regulations to a level that serves as a deterrent; and

   • (g) swiftly investigate and resolve violations of the Bangladesh Labour Act, including anti-union discrimination, retaliatory measures, and other Unfair Labor Practices (ULP).

Environment

Section 1.20: Environmental Laws and Policies

Bangladesh shall ensure that its environmental laws and policies provide for and encourage high levels of environmental protection.

Section 1.21: Illegal Logging and Associated Trade

1. Bangladesh shall take necessary measures to prevent trade in illegally harvested forest products and shall cooperate with the United States. These measures shall include ensuring the full implementation of existing laws and regulations for forest sector governance, and strengthening, implementing, and enforcing comprehensive anti-corruption laws and regulations applicable to officials responsible for the administration and control of forest resources.

2. Bangladesh shall take necessary measures to increase transparency in the forest sector by ensuring a participatory process in forest management planning and the issuance of logging permits or authorizations, and by mandating their public disclosure through an easily accessible online platform.

Section 1.22: Resource Efficient Economy

Bangladesh shall take necessary steps to develop a more resource-efficient economy. Such steps may include: removing trade barriers that impede the path toward a resource-efficient economy; supporting innovation that encourages “circularity” or a circular economy through resource efficiency in product design; and promoting trade facilitation procedures to operationalize “reverse supply chains” (product return logistics systems).

Section 1.23: Fisheries Subsidies

1. Bangladesh shall accept the World Trade Organization (WTO) Agreement on Fisheries Subsidies (AFS) and its incorporated provisions as soon as possible. This shall include rules regarding specific types of harmful fisheries subsidies—such as prohibiting subsidies for illegal, unreported, and unregulated (IUU) fishing and for overfished stocks, as well as strengthening transparency and subsidy notification activities.

2. Following the acceptance of the Agreement on Fisheries Subsidies (AFS), and notwithstanding the special flexibilities outlined in Article 12 of the said Agreement, Bangladesh shall fully implement all obligations of the Agreement.

3. Furthermore, Bangladesh shall ensure that its fisheries subsidies do not contribute to overcapacity and overfishing. To ensure this, Bangladesh shall utilize a robust fisheries management system and undertake necessary reforms of its existing subsidy framework.

Section 1.24: Sustainable Fisheries Management and IUU Fishing

1. Bangladesh shall operate a sustainable fisheries management system to regulate marine wild capture fisheries and to promote the long-term conservation of marine species, including sharks, sea turtles, seabirds, and marine mammals.

2. To effectively combat illegal, unreported, and unregulated (IUU) fishing and to prevent trade in products derived from IUU fishing, Bangladesh shall strengthen the enforcement of fisheries-related laws, regulations, and other measures, including:

   • (a) implementing port-related measures by adopting actions consistent with the ‘Port State Measures Agreement’;

   • (b) taking or strengthening necessary measures to deter Bangladesh-flagged vessels and Bangladeshi nationals from engaging in IUU fishing; and

   • (c) preventing the “transshipment” (transfer from one ship to another) at sea of fish caught through IUU methods or fisheries products derived therefrom.

Section 1.25: Combating the Illegal Trade in Wildlife

Bangladesh shall take necessary measures and cooperate to combat and prevent trade in wildlife (fauna) and plants (flora) harvested or traded in violation of its domestic laws or any other applicable laws. These measures include the following:

• (a) taking steps to enhance the effectiveness of inspection activities for shipments containing wildlife, plants, or parts and derivatives thereof at points of entry or ports;

• (b) taking action, based on reliable evidence, to address the illegal harvesting or trading of wildlife and plants being transshipped through the territory of Bangladesh; and

• (c) treating the intentional transnational trafficking of wildlife and plants as a “serious crime” as defined in the United Nations Convention against Transnational Organized Crime.

Section 1.26: Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Bangladesh shall strengthen the implementation of CITES to ensure legal and sustainable trade in CITES-listed species. As part of this, Bangladesh shall finalize the draft of national legislation for the implementation of CITES and submit it to the CITES Secretariat.

Customs and Trade Facilitation

Section 1.27: Customs and Trade Facilitation

1. Bangladesh shall not deny the legal validity of a “bill of lading” provided by one private party to another private party for the transport of goods solely on the grounds that it is in an electronic format.

2. Bangladesh shall protect proprietary data submitted to Bangladesh Customs (National Board of Revenue) by US businesses from unauthorized disclosure.

3. For “express shipments” arriving from the United States, Bangladesh shall implement the World Customs Organization (WCO) ‘Immediate Release Guidelines’ so that low-risk packages are released immediately upon arrival without being transferred to customs warehouses.

4. Bangladesh shall facilitate the process for US carriers or their agents to request amendments to Import General Manifest (IGM) data after the IGM has been registered, as well as the evaluation of those requests by Bangladesh Customs.

5. Bangladesh shall fully implement Article 1.4 of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) concerning information publication and availability.

6. Bangladesh shall submit its national customs valuation laws and the responses to the checklist of relevant issues to the WTO, in conformity with the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994.

7. Bangladesh shall establish or maintain a system, within a mutually agreed timeline, to accept “system-to-system” electronic certification (eCert) data from the USDA FSIS for the export of US meat, poultry, Siluriformes, and egg products.

Section 2: Digital Trade and Technology

1. To protect personal data and reduce compliance costs, as well as to facilitate legitimate mechanisms for cross-border data transfers, Bangladesh shall, under its legal framework, recognize certifications from the ‘Global Cross-Border Privacy Rules’ (CBPR) System and the ‘Global Privacy Recognition for Processors’ (PRP) System.

2. Bangladesh shall increase consultation with stakeholders during the drafting and amendment of the Personal Data Protection Ordinance (PDPO) and ensure that feedback from the US government and the US private sector is appropriately considered.

3. Bangladesh shall include adequate safeguards to protect freedom of expression under the ‘Cyber Safety Ordinance 2025’ and shall amend relevant laws to provide strict penalties for cybercrimes.

4. Bangladesh shall amend or repeal the 2021 ‘Regulation for Digital, Social Media and Over-the-Top (OTT) Platforms’ to remove requirements for “traceability” (source identification) in end-to-end encrypted services and the obligation for service providers to disclose “encryption keys” to government authorities, and to incorporate protections for freedom of expression.

5. Bangladesh shall:

   • (a) open the upper 600–700 Megahertz (MHz) portion (6.425 – 7.125 GHz) of the 6 Gigahertz (GHz) spectrum band for license-exempt wireless/radio local area network (WLAN/RLAN) technologies for low-power indoor (LPI) and very low-power (VLP) device classes, in alignment with International Telecommunication Union (ITU) regulations; and

   • (b) within 30 days of the official notification opening the upper 6 GHz band for low-power WLAN/RLAN devices, initiate a “homologation” or compliance verification process to certify functional WLAN/RLAN devices in the 1100–1200 MHz portion (5.925 – 7.125 GHz) of the 6 GHz spectrum band, in accordance with ITU regulations.

Section 3: Economic and National Security

1. Bangladesh shall ensure that its ports, port terminals, logistics tracking networks, and commercial fleets utilize digital logistics platforms that provide appropriate cybersecurity, protection against unauthorized data disclosure, protection against national security risks, and protection against data utilization by other foreign governments.

2. Bangladesh shall take necessary steps to restrict the unauthorized export, re-export, and in-country transfer of US-origin or US-controlled items subject to the ‘Export Administration Regulations’ (EAR), unless the exporter submits a re-export authorization from the Bureau of Industry and Security (BIS) of the US Department of Commerce or proves that no such BIS authorization is required. Both parties shall cooperate with each other in exchanging information regarding items subject to the EAR.

3. Bangladesh shall verify and exchange customs and transaction data related to US-origin or US-controlled items with US authorities, specifically the BIS or its representatives, to identify transactions of concern. Furthermore, Bangladesh shall take and implement necessary measures to prevent and combat violations of US export control regulations.

4. Bangladesh shall develop an internal export control system and enforcement mechanisms through the determination and implementation of civil and criminal penalties. It shall also strengthen its auditing and investigative capabilities and, where appropriate, maintain a partnership with the United States in such enforcement activities, including the exchange of information on violations and cooperation in “end-use” verifications and investigations.

5. Bangladesh shall endeavor to limit the involvement of software design, development, and supplier companies from countries identified by Bangladesh and the United States as causing national security concerns within the supply chains of sensitive technologies. Additionally, Bangladesh shall implement efforts to increase transparency in these supply chains where feasible.

Section 6: Commercial Matters

1. Bangladesh shall endeavor to facilitate an increase in the purchase of US commercial aircraft, parts, and services by its national flag carrier (Biman Bangladesh Airlines). Biman Bangladesh Airlines expresses its intent to purchase 14 Boeing aircraft, alongside options for additional aircraft purchases.

2. Bangladesh shall endeavor to facilitate the purchase of US energy, or the purchase thereof by Bangladeshi companies. This shall include long-term offtake agreements for the purchase of US liquefied natural gas (LNG) valued at approximately 15 billion dollars over 15 years.

3. With the objective of ensuring food security, Bangladesh shall endeavor to facilitate the purchase of US agricultural products, or the purchase thereof by Bangladeshi companies. This includes wheat (at least 700,000 metric tons per year for five years), soybeans and soy products (at least 1.25 billion dollars or 2.6 million metric tons within one year—whichever is less), and cotton; with a total estimated value of 3.5 billion dollars.

4. Bangladesh shall endeavor to increase the purchase of US military equipment and shall limit the purchase of military equipment from certain specified countries.

5. In accordance with Article 25.1 of the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures, Bangladesh shall submit a full and complete notification of all subsidies provided by it to the WTO within six months of the entry into force of this Agreement.

Original English Version: U.S. BGD Agreement on Reciprocal Trade Final 09FEB2026 LETTER