A political Official, member of the House of Representative, member of House of Senators, member of a local Administrative Council or Local Administrator who conspire with a person under paragraph one to commit an offense, whether as a principal, an agent provocateur or a secondary party shall receive equivalent punishment as persons in paragraph one.

Section 12 In the execution of this Act, a member, member of a subcommittee, member of the Transaction Committee, Secretary-General, Deputy Secretary- General and competent official shall be an official under the Penal Code.

CHAPTER II
Report and Identification
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Section 13 When a transaction is made with a financial institution, the financial institution shall report that transaction to the Office when it appears that such transaction is:
(1) a transaction funded by a larger amount of cash than that prescribed in the Ministerial Regulation;
(2) a transaction connected with the asset worth more than the value prescribed in the Ministerial Regulation; or
(3) a suspicious transaction, whether it is the transaction under (1) or (2) or not.

In the case where there appears any fact which is relevant or probably beneficial to the confirmation or cancellation of the fact concerning the transaction already reported by the financial institution, that financial institution shall report such fact to the Office without delay.

Section 14 In the case where there subsequently appears a reasonable ground to suspect that any transaction already made without being reported under section 13 is a transaction required to be reported by a financial institution under section 13, that financial institution shall report it to the Office without delay.

Section 15 A Land Office of Bangkok Metropolitan, Changwad Land Office, Branch Land Office and Amphoe Land Office shall report to the Office when it appears that an application is made for registration of a right and juristic act related to immovable asset to which a financial institution is not a party and which is of any of the following descriptions:

(1) requiring cash payment in a larger amount than that prescribed in the Ministerial Regulation;
(2) involving a greater value of immovable asset than that prescribed in the Ministerial Regulation, being the assessment value on the basis of which fees for registration of the right and juristic act are levied, except in the case of a transfer by succession to a statutory heir; or
(3) being made in connection with a suspicious transaction. Section 16 Any person engaging in the business involving the operation of or the consultancy in a transaction related to the investment or mobilisation of capital shall report to the Office in the case where there is a reasonable ground to believe that such transaction is associated with the asset connected with the commission of an offence or is a suspicious transaction.

In the case where there appears any fact which is relevant or probably beneficial to the confirmation or cancellation of the fact concerning the transaction already reported under paragraph one, that person shall report such fact to the Office without delay.

Section 16 Professions stated below shall have the duty to report to the Office any transaction when it is carried out in cash of a value exceeding the amount prescribed in the Ministerial Regulation or is a suspicious transaction. However, profession under (2), (3), (4) and (5) must be a juristic person, unless there is probable cause to suspect under reasonable evidence that such transaction is related or may be related to the commission of a predicate offense or money laundering offense with profession under (2), (3), (4) and (5) that is not a juristic person, the Office shall have the power to give a written order to such profession to report the transaction to the Office:

1. Professions that undertaken provision of advice or being an advisor in transactions relating to the investment or movement of funds, under the law governing securities and stock exchange, and that are not a financial institution under Section 13.
2. Professions relating to trading of precious stones, diamonds, gens, gold, or ornaments decorated with precious stones, diamonds, gems or gold.
3. Professions relating to trading or hire-purchase of cars.
4. Professions acting as a broker or an agent in buying or selling immovable property.
5. Professions relating to trading of antiques under the law governing selling by auction and trading of antiques.
6. Professions relating to personal loan under supervision for business that are not a financial institution under the Ministry of Finance Notification relating to Personal Loan Business under Supervision or under the law governing financial institution business.
7. Professions relating to electronic money card that is not a financial institution under the Ministry of Finance Notification relating to electronic money card or under the law governing financial institution business.
8. Professions relating to credit card that are not a financial institution under the Ministry of Finance Notification relating to credit card or under the law governing financial institution business.
9. Professions relating to electronic payment under the law governing the supervisions of electronic payment service business.

In the case where there appears any fact which is relevant or probably beneficial to the confirmation or cancellation of the fact concerning the transaction already reported under paragraph one, that person shall report such fact to the Office without delay.

Section 17 The report under section 13, section 14, section 15 and section 16 shall be in accordance with the form, period of time, rules and procedure prescribed in the Ministerial Regulation.

Section 18 Exemption, as the Minister thinks fit, of any transaction from being reported under section 13, section 15 and section 16 shall be as prescribed in the Ministerial Regulation.

Section 19 In the case where the report under section 13, section 14, section 15 and section 16 has been made in good faith by the reporter, if the report causes injury to any person, the reporter shall not be responsible therefor.

Section 20 A financial institution shall cause its customers to identify themselves on every occasion of making a transaction prescribed in the Ministerial Regulation unless the customers have previously made such identification.

The identification under paragraph one shall be in accordance with the procedure prescribed by the Minister.

Section 21 In making a transaction under section 13, a financial institution shall also cause a customer to record statements of fact with regard to such transaction.

In the case where a customer refuses to prepare a record of statements of fact under paragraph one, the financial institution shall prepare such record on its own motion and notify the Office thereof forthwith.

The record of statements of fact under paragraph one and paragraph two shall be in accordance with the form, contain such particulars and be in accordance with the rules and procedure as prescribed in the Ministerial Regulation.

Section 22⁹ Unless otherwise notified in writing by the competent official, a financial institution shall retain information as follows;
(1) relating to customer identification under section 20 for a period of 5 years from the date that the account was closed or the termination of relationship with the customer.
(2) relating to financial transaction or a record of facts under Section 21 for a period of five years from the date the transaction or the recording of the facts occurred.

Section 23 The provisions of this Chapter shall not apply to the Bank of Thailand under the law on Bank of Thailand.

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9. Section 22 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)