The Committee members shall have expertise in economics, monetary
affairs, finance, law or any other related fields beneficial to the execution of this Act and shall
possess qualification and shall not have disqualifying attribute as follow;
(1) Age not over 70 years old
(2) Be or was a Government official level 10 or equivalent or higher, or be or
was official of a state enterprise or a government agency in the position of vice head of that
state enterprise or that government agency or in an equivalent position or be or was a lecturer
in the field and has or had the status of an assistant professor or higher.
(3) Not a member of a political party or a committee member or an officer of
a political party
(4) Not a member of the House of Representatives, House of Senates,
member of a local Administrative Council, Local Administrator or a political official or
member of a committee of a state enterprise.
(5) Not a member of a committee of a public agency, unless approved by the
Board.
(6) Not a member, a manager, a counselor or be in the equivalent capacity or
having relative beneficiary in a partnership, a company or a financial institution or having
occupation or profession or undertake any activity in conflict with execution of this Act.
A member of Transaction Committee appointed by the Board under
paragraph one shall serve a three year term. A member of Transaction Committee whose term
is ended may be reappointed, but shall not serve more than two consecutive terms, and the
provision of Section 27 and 28 shall apply mutatis mutandis, except in the case of the termination from office in accordance with section 27 (3) the committee member appointed
by the Board shall vacate the office upon the removal by the Board.
Section 33 Section 29 shall apply mutatis mutandis to a meeting of the
Transaction Committee.
Section 3413 The Transaction Committee shall have the powers and duties as
follows:
(1) to examine a transaction or asset connected with the commission of an
offence;
(2) to give an order withholding the transaction under section 35 or section
36;
(3) to carry out the acts under section 48;
(4) to submit to the Board and the National Counter Corruption
Commission a report on the result of the execution of this Act;
(5) to supervise the independence and neutrality of the Office and the
Secretary General;
(6) to perform other acts as entrusted by the Board.
Section 3514 In the case where there is a probable evidence to believe that
any transaction is connected or possibly connected with the commission of an offence of
money laundering, the Transaction Committee shall have the power to give a written order
withholding such transaction for a fixed period of time which shall not be longer than three
working days.
In case of compelling necessity or urgency, the Secretary-General may give
an order withholding the transaction under paragraph one for the time being and report it to
the Transaction Committee.
Section 3615 In the case where there is convincing evidence that any
transaction is connected or possibly connected with the commission of an offence of money
laundering, the Transaction Committee shall have the power to give a written order
withholding such transaction for the time being for a fixed period of time which shall not be
longer than ten working days.
Section 36/116 In the execution of section 34, section 35 or section 36, the
Transaction Committee or Secretary General shall make written record in the minutes of each
Transaction Committee Meeting to indicate evidence and the requesting person of the order
issued in the execution of the Act.
Section 3717 When the Transaction Committee or Secretary-General, as the
case may be, has given an order withholding the transaction under section 35 or section 36,
the Transaction committee shall report it to the Board and the National Counter Corruption
Commission.
Section 38 For the purpose of performing duties under this Act, a member of
the Transaction Committee, the Secretary-General and the competent official entrusted in
writing by the Secretary-General shall have the powers as follows:
(1) to address a written inquiry towards or summon a financial institution,
Government agency, State organisation or agency or State enterprise, as the case may be, to
send officials concerned for giving statements or furnish written explanations or any account,
document or evidence for examination or consideration;
(2) to address a written inquiry towards or summon any person to give
statements or furnish written explanations or any account, document or evidence for
examination or consideration;
(3) to enter any dwelling place, place or vehicle reasonably suspected to
have the asset connected with the commission of an offence or evidence connected with the
commission of an offence of money laundering hidden or kept therein, for the purposes of
searching for, pursuing, examining, seizing or attaching the asset or evidence, when there is a
reasonable ground to believe that the delay occurring in the obtaining of a warrant of search
will cause such asset or evidence to be moved, hidden, destroyed or converted from its
original state.
In performing the duty under (3), the competent official entrusted under
paragraph one shall produce to the persons concerned the document evidencing the
authorisation and the identification.
The identification under paragraph two shall be in accordance with the form
prescribed by the Minister and published in the Government Gazette.
All information obtained from the statements, written explanations or any
account, document or evidence having the characteristic of specific information of an
individual person, financial institution, Government agency, State organization or agency or
State enterprise shall be under the Secretary-General's responsibility with respect to its
retention and utilization.
Section 38/118 Under the Penal Code, in execution of this Act, Secretary
General, Deputy Secretary General, and competent officials assigned in writing by Secretary
General shall have power to arrest a person who committed a predicate offense or money
laundering offense and record the person’s statement as preliminary evidence and transfer the
person to a police investigator without delay but shall not exceed twenty-four hours.
Section 39 A member of the Transaction Committee shall receive such
remuneration as prescribed by the Council of Ministers.
Next Page
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10]
13. Section 34 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
14. Section 35 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
15. Section 36 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
16. Section 36/1 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
17. Section 37 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
18. Section 38/1 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008) |