In the case where the asset under paragraph one is not suitable for retention or will, if retained, be more burdensome to the Government service than its usability for other purposes, the Secretary-General may order that the interested person take such asset for his or her retention and utilisation with a bail or security or that the asset be sold by auction or put into official use and a report thereon be made to the Board accordingly.

The permission of an interested person to take the asset for retention and utilisation, the sale of the asset by auction or the putting of the asset into official use under paragraph two shall be in accordance with the rules prescribed by the Board.

If it subsequently appears that the asset sold by auction or put into official use under paragraph two is not the asset connected with the commission of the offence, such asset as well as such amount of compensation and depreciation as prescribed by the Board shall be returned to its owner or possessor. If a return of the asset becomes impossible, compensation therefor shall be made by reference to the price valued on the date of its seizure or attachment or the price obtained from a sale of that asset by auction, as the case may be. For this purpose, the owner or possessor shall be entitled to the interest, at the Government Savings Bank's highest rate for a fixed deposit, of the amount returned or the amount of compensation, as the case may be.

The evaluation of compensation or depreciation under paragraph four shall be in accordance with the rules prescribed by the Board.

Section 58 In the case where the asset connected with the commission of any offence is the asset in respect of which action can be taken under other law but no action has been taken against that asset under that law or the action taken under that law has failed to achieve its purpose or the action under this Act is more beneficial to the Government service, action shall be taken against that asset in accordance with this Act.

Section 59 Lawsuit under this Chapter shall be brought to the Civil Court and the Civil Procedure Code shall apply mutatis mutandis.

For this purpose, the public prosecutor shall be exempted from all fees.

CHAPTER VI/I
Anti-Money Laundering Fund³¹
_____________

Section 59/1³² There shall be an Anti-Money Laundering Fund within the Office for the purpose of anti-money laundering as follows;
(1) Facilitate the execution of investigation, prosecution, search, seizure or restrain, asset management, information sharing, witness protection, or other matters related to anti-money laundering, including assisting other related agencies and the public in the said actions;
(2) Enhance cooperation with other related agencies or persons and the public in awareness raising and information sharing, meetings or trainings, domestic and international cooperation, and operation to support anti- money laundering policy.
(3) Carry out other acts as necessary to achieve the objectives of this Act. Under Section 59/6 the Board shall have power to set rules in using money in the Fund to achieve objectives in paragraph one.

Section 59/2³³ The Fund in Section 59/1 consists of assets as follows;

(1) Asset forwarded to the Fund under Section 51
(2) Asset that was not claimed under Section 49 and Section 51/1
(3) Asset that was given
(4) Asset received from Thai or foreign government agencies
(5) Interest derived from asset under (1) (2) (3) and (4)

Section 59/3³⁴ The Fund under section 59/2 belongs to the AMLO and not having to be transferred to the Kingdom as income.

Section 59/4³⁵ Receiving, spending, maintenance of the Fund and asset shall be in accordance with rules set by the Board and endorsed by the Ministry of Finance.

Section 59/5³⁶ The power in management and benefiting from the asset and other matters related to the Fund’s operation shall be in accordance with rules set by the Board and endorsed by the Ministry of Finance.

Section 59/6³⁷ Expenditure or other remuneration necessarily paid to other agencies, competent officials, public officials or other officials that assist or aid the efficiency and effectiveness of the execution under this Act shall be spent from the Fund in accordance with rules set by the Board and endorsed by the Ministry of Finance.

Section 59/7³⁸ Within six months from the end of each fiscal year, the Secretary General shall present an account balance sheet and report on any spending from the Fund of the previous year, which were examined and endorsed by the Office of the Auditor General

CHAPTER VII
Penalties
_____________

Section 60 Any person who commits an offence of money laundering shall be liable to imprisonment for a term of one year to ten years or to a fine of twenty thousand Baht to two hundred thousand Baht or to both.

Section 61 Any juristic person who commits offences under section 5, section 7, section 8 or section 9 shall be liable to a fine of two hundred thousand Baht to one million Baht.

Any director, manager or person responsible for the conduct of business of the juristic person under paragraph one who commits the offence shall be liable to imprisonment for a term of one year to ten years or to a fine of twenty thousand Baht to two hundred thousand Baht or to both unless that person can prove that he or she has no part in the commission of the offence of such juristic person.

Section 61/1³⁹ Prime Minister, a Minister or a political character who tells or orders the Transaction Committee, Secretary General, Deputy Secretary General or a competent official to examine transaction or asset or to restrain transaction, seize or restrain or act under this Act without reasonable evidence for the purpose of persecution or cause damage to any one or for political reason or doing so mala fides shall receive three to thirty years imprisonment or a fine from sixty-thousand to six hundred thousand baths or both.

Transaction Committee member, Secretary General, Deputy Secretary General or competent official who follow the order in paragraph one unlawfully under this Act shall receive three to thirty years imprisonment or a fine from sixty-thousand to six hundred thousand baths or both.

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31. Chapter VI/I Added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

32 Section 59/1 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

33. Section 59/2 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

34. Section 59/3 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

35. Section 59/4 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

36. Section 59/5 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

37. Section 59/6 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

38. Section 59/7 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

39. Section 61/1 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)