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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Acknowledgments:

Specializing in both family and business legal assistance, Chaninat & Leeds is led by an American Attorney in Bangkok.  They provide a variety of professional services particularly US immigration, land acquisition, intellectual property rights and foreign company registration.




Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
  Prosecutions
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
 The US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
  Important
 US Immigration in
  Decline?
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up
 

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.

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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)

 

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