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Appreciation:

This article has been prepared with the kind assistance of Chaninat & Leeds, managed by a US lawyer in Thailand. Chaninat & Leeds is a full-service law firm practicing both family and business law, specializing in immigration, divorce cases, land acquisition and company registration.



 

CHAPTER III
Anti-Money Laundering Board
_____________

Section 2410 There shall be an Anti-Money Laundering Board, consisting of Prime Minister as Chairman, Minister of Justice and Minister of Finance as Vice Chairmen, Permanent Secretary of the Ministry of Justice, Attorney General, Commissioner General of the Royal Thai Police, Secretary General of the Narcotic Control Board, Director of the Fiscal Policy Office, Director General of the Department of Land, Director General of the Royal Thai Customs, Director General of the Department of Revenue, Director General of the Department of Treaties and Legal Affairs, Governor of the Bank of Thailand, Secretary General of the Office of Insurance Commission, Secretary General of the Securities and Exchange Commission, President of the Thai Bankers’ Association, and nine qualified experts appointed by the Cabinet from those who have expertise in economics, monetary affairs, finance, law or any other related fields beneficial to the execution of this Act with the consent of the House of Representatives and the Senate respectively as a member of the Board and the Secretary General of the Office as member and secretary of the Board.

The Board shall appoint not more than two Government officials of the Office as assistant secretaries.

In the case where the Chairman or an ex officio member under paragraph one is unable to attend any particular meeting by reason of necessity, such person may entrust a holder of inferior office who possesses the knowledge and understanding of the Board's performance of duties to attend that meeting.

Section 2511 The Board shall have powers and duties as follows:
(1) to propose to the Council of Ministers measures for money laundering control;
(2) to consider and give opinions to the Minister with regard to the issuing of Ministerial Regulations, rules and notifications for the execution of this Act;
(3) to set rules pertaining to the returning of the asset in accordance with section 49 and section 51/1, the custody, maintenance, sale by public auction, optimum usage, and damage evaluation, and depreciation of the assets in accordance with section 57 and set rules pertaining to the Fund in accordance with Section 59/1, Section 59/4, Section 59/5 and Section 59/6;
(4) to promote public co-operation in connection with the giving of information for the purpose of money laundering control and set rules pertaining to the procedure on information or document to be used as evidence in execution of this Act;
(5) to monitor and evaluate the execution of this Act;
(6) to perform other acts prescribed in this Act or other laws. Section 26 A qualified member appointed by the Council of Ministers shall hold office for a term of four years as from the date of appointment and shall serve for only one term.

Section 27 In addition to vacating office on the expiration of term under

Section 26, a qualified member appointed by the Council of Ministers vacates office upon:
(1) death;
(2) resignation;
(3) being removed by the Council of Ministers with the approval of the House of representatives and the Senate respectively;
(4) being a bankrupt;
(5) being an incompetent or quasi-incompetent person;
(6) being imprisoned by a final judgment.

In the case where a qualified member is appointed during the term of the qualified members already appointed, notwithstanding that it is an additional or replacing appointment, the appointee shall hold office for the remaining term of the qualified members already appointed.

Section 28 In the case where qualified members vacate office at the expiration of term but new qualified members have not yet been appointed, the qualified members who have vacated office at the expiration of term shall perform duties for the time being until new qualified members have been appointed.

Section 29 At a meeting of the Board, the presence of not less than one-half of the total number of the members is required to constitute a quorum.

The Chairman shall preside over the meeting. In the case where the Chairman is not present at the meeting or is unable to perform the duty, the Vice Chairman shall preside over the meeting. If the Vice Chairman is not present at the meeting or is unable to perform the duty, the members present shall elect one among themselves to preside over the meeting.

A decision of a meeting shall be by a majority of votes. In casting votes, each member shall have one vote. In the case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote, except that the decision under section 49 paragraph three shall be voted for by not less than two-thirds of the total number of the existing members.

Section 30 The Board may appoint a sub-committee for considering and giving opinions on any particular matter or perform any particular act on behalf of the Board, and section 29 shall apply to a meeting of the sub-committee mutatis mutandis.

Section 31 A member of the Board and a sub-committee shall receive such remuneration as prescribed by the Council of Ministers.

CHAPTER IV
Transaction Committee
_____________

Section 3212 There shall be a Transaction Committee consisting of five committee members which the Board appoint from persons whose name designated by the Judiciary of Thailand, the Court of Justice, the Auditor General of Thailand, National Human Rights Committee, and Attorney Committee. If any of the said committee could not designate a person from the respective committee to be a transaction committee member within forty five days from the date notified by the Anti-Money Laundering Office, the Board shall designate an appropriate person to be a transaction committee member instead. A Chairman of the Committee shall be elected among the designated committee members and the Secretary General shall be a committee member and the secretary of the Committee.

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10. Section 24 paragraph one amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

11. Section 25 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

12. Section 32 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

 

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