Section 39/119 For the purpose of performing duties under this Act, the
Transaction Committee and Secretary General shall prepare a summary report of the
execution of this chapter to the National Counter Corruption Commission every four months.
The report under paragraph one shall at least state the information as follows;
(1) Persons whose transactions or assets were examined or whose
transactions were restrained or whose assets were seized or frozen.
(2) Evidence that was used against the person under (1)
(3) Requesting person, agent or a person who direct such act
(4) Results of the act.
Details under this Section shall be treated as government secret.
Section 39/220 The National Counter Corruption Commission may appoint an
expert to examine such report to establish the appropriateness of the action under this Act, and
report to the National Counter Corruption Commission.
The provision under Section 38 shall be applied to the examination under
paragraph one.
In the case that the examination under paragraph one found out that there is
an act that is against this Act and the National Counter Corruption Commission agreed with
the examination finding, the report and the comment of the National Counter Corruption
Commission shall be sent to the Transaction Committee for further action.
CHAPTER V
Anti-Money Laundering Office
_________
Section 4021 There shall be an Anti-Money Laundering Office, called in short “AML Office”, as an office not under the Prime Minister Office, Ministry, or Sub-Ministry, to
function independently and neutrally, which shall have the power to;
(1) to carry out acts in the implementation of resolutions of the Board and
the Transaction Committee and perform other secretarial tasks;
(2) to receive transaction reports submitted under Chapter 2 and
acknowledge receipt thereof;
(3) to gather, monitor, examine, study and analyse reports and information
in connection with the making of transactions as well as receiving reports and other
information related to financial transaction from other source;
(4) to collect, trace, monitor, study, and to analyze reports, or any other
information related to financial transactions;
(5) Collect evidence in order to prosecute any violator under the provisions
of this Act;
(6) to conduct projects with regard to the dissemination of knowledge, the
giving of education and the training in the fields involving the execution of this Act, or to
provide assistance or support to both Government and private sectors in organising such
projects;
(7) to perform other activities under this Act or under other laws.
Section 4122 There shall be Secretary-General who, with the duty to
independently exercise general supervision of official affairs of the Office, shall be directly
answerable to the Minister of Justice and shall be the superior of Government officials of the
Office. There shall also be Deputy Secretary-Generals to assist in giving directions and
performing official duties.
Section 42 The Secretary-General shall be an ordinary Government official
appointed by the King upon the recommendation of the Council of Ministers and with the
approval of the House of Representatives and the Senate respectively.
Section 43 The Secretary-General shall possess qualifications and shall not
be under prohibitions as follows:
(1) having knowledge and expertise in economics, finance, public finance
or law;
(2) serving in the position of Deputy Secretary-General or being an
ordinary Government official of the level not lower than Director-General or its equivalent;
(3) not being a director in a State enterprise or other State undertaking;
(4) not being a director, manager, consultant or holding any other position
with a similar nature of work, or having an interest in a partnership, company or financial
institution or engaging in other occupation or profession or doing any act inconsistent with the
performance of duties under this Act;
Section 4423 The Secretary-General shall hold office for a term of four years
as from the date of appointment by the King and shall serve for only one term. The Secretary-General who has vacated office may not be re-appointed, but that Secretary General shall be
appointed as a counselor within the Office.
The Secretary General shall be entitled to fringe benefits to ensure
independence and neutrality at the rate that, when accumulated with salary and stipend,
equivalent to salary and stipend of a Permanent Secretary, until the retirement.
Section 4524 In addition to vacating office at the expiration of term under
Section 44, the Secretary-General vacates office upon:
(1) death;
(2) resignation;
(3) being disqualified or being under any prohibition under section 43;
(4) being removed by the Cabinet under the recommendation of Minister
or the propose of Minister of Justice, under the recommendation of Transaction Committee
because of the serious negligence in performing of his duty or lessen of capability or act of
corruption evident to the public, nonindependence or unneutrality. The resolution shall state
clearly of reasons to remove, and with the approval of the House of Representatives and the
Senate respectively.
Section 45/125 The former Secretary General shall not be appointed as an
executive in any state enterprise or any public agency except as a counselor.
The provision in paragraph one shall not be applied to a Secretary General
who resigned from government service status.
Section 4626 In the case where there is a probable evidence to believe that
any account in a financial institution, telecommunication tool or equipment or a computer was
used or may be used to benefit the money laundering offense, a competent official entrusted
in writing by the Secretary-General shall file an ex parte application with the Civil Court for
an order permitting the competent official to have access to the account, communicated data
or computer data, for the acquisition thereof.
Next Page
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10]
19. Section 39/1 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
20. Section 39/2 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
21. Section 40 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
22. Section 41 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
23. Section 44 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
24. Section 45 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
25. Section 45/1 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)
26. Section 46 paragraph one amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008) |