(6) a juristic person carrying on such other businesses related to finance as
prescribed in the Ministerial Regulation;
“Fund”6 means the Anti-Money Laundering Fund
“Board” means the Anti-Money Laundering Board.
“Member” means a member of the Anti-Money Laundering Board and shall
also includes the Chairman of the Anti-Money Laundering Board.
“Competent official” means a person appointed by the Minister to perform
an act under this Act.
“Secretary-General” means Secretary-General of the Anti-Money
Laundering Board.
“Deputy Secretary-General” means Deputy Secretary-General of the Anti-
Money Laundering Board.
“Office” means the Anti-Money Laundering Office.
“Minister” means the Minister having charge and control of the execution of
this Act.
Section 4 The Prime Minister shall have charge and control of the execution
of this Act and shall have the power to appoint competent officials and issue Ministerial
Regulations, Rules and Notifications for the execution of this Act.
Such Ministerial Regulations, Rules and Notifications shall come into force
upon their publication in the Government Gazette.
CHAPTER I
General Provisions
_____________
Section 5 Any person who:
(1) transfers, accepts a transfer of or converts the asset connected with the
commission of an offence for the purpose of covering or concealing the origin of that asset or,
whether before or after the commission thereof, for the purpose of assisting other persons to
evade criminal liability or to be liable to lesser penalty in respect of a predicate offence; or
(2) acts in any manner whatsoever for the purpose of concealing or
disguising the true nature, acquisition, source, location, distribution or transfer of the asset
connected with the commission of an offence or the acquisition of rights therein,
shall be said to commit an offence of money laundering.
Section 6 Any person who commits an offence of money laundering shall,
even if the offence is committed outside the Kingdom, be punished under this Act in the
Kingdom if it appears that:
(1) the offender or any of the co-offenders is a Thai national or has a
residence in Thailand;
(2) the offender is an alien and commits the offence with the intent that the
consequence thereof shall have occurred in the Kingdom, or the Thai Government is the
injured person; or
(3) the offender is an alien and the act so committed is an offence under the
law of the State in whose jurisdiction the act occurs, provided that such person remains his or
her appearance in the Kingdom without being extradited in accordance with the law on
extradition.
For this purpose, section 10 of the Penal Code shall apply mutatis mutandis.
Section 7 In an offence of money laundering, any person who commits any
of the following acts shall be liable to the same penalty as that to which the principal
committing such offence shall be liable:
(1) aiding and abetting the commission of the offence or assisting the
offender before or at the time of the commission of the offence,
(2) providing or giving money or asset, a vehicle, place or any article or
committing any act for the purpose of assisting the offender to escape or to evade punishment
or for the purpose of obtaining any benefit from the commission of the offence.
In the case where any person provides or gives money or asset, a shelter or
hiding place in order to enable his or her father, mother, child, husband or wife to escape from
being arrested, the Court may inflict on such person no punishment or lesser punishment to
any extent than that provided by law for such offence.
Section 8 Any person who attempts to commit an offence of money
laundering shall be liable to the same penalty as that provided for the offender who has
accomplished such offence.
Section 9 Any person who enters into conspiracy to commit an offence of
money laundering shall, when there are at least two persons in the conspiracy, be liable to
one-half of the penalty provided for such offence.
If the offence of money laundering has been committed in consequence of
the conspiracy under paragraph one, the person so conspiring shall be liable to the penalty
provided for such offence.
In the case where the offence has been committed up to the stage of its
commencement but, on account of the obstruction by the conspiring person, has not been
carried out through its completion or has been carried out through its completion without
achieving its end, the conspiring person rendering such obstruction shall only be liable to the
penalty provided in paragraph one.
If the offender under paragraph one changes his or her mind and reveals the
truth in connection with the conspiracy to the competent official prior to the commission of
the offence to which the conspiracy relates, the Court may inflict on such person no
punishment or lesser punishment to any extent than that provided by law for such offence.
Section 107 Any official, member of the House of Representatives, senator,
member of a local assembly, local administrator, Government official, official of a local
government organisation, official of a state organisation or agency, director, executive or
official of a State enterprise, director, manager or any person responsible for the operation of
a financial institution, or any member of an organ under the Constitution who commits an
offence in this Chapter shall be liable to twice as much penalty as that provided for such
offence.
Any member, member of a sub-committee, member of the Transaction
Committee, Secretary-General, Deputy Secretary-General or competent official under this Act
who commits an offence in this Chapter shall be liable to three times as much penalty as that
provided for such offence.8
Section 11 Any member, member of a sub-committee, member of the
Transaction Committee, Secretary-General, Deputy Secretary-General, competent official,
official or Government official who commits an offence of malfeasance in office or
malfeasance in judicial office as provided in the Penal Code which is connected with the
commission of the offence in this Chapter shall be liable to three times as much penalty as
that provided for such offence.
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6. Section 3 definition of “fund” added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
7. Section 10 paragraph one amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
8. Section 11 paragraph two added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008) |