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(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)

 

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