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Asset Inspection - Announcement of the Council for Democratic Reform No. 23 - [2006] THCDR 23 (24 September 2006)

Announcement of the Council for Democratic Reform
No. 23
Re: Asset Inspection

Whereas there is a ground to suspect that the Administration of the State affairs under the Council of Ministers vacating office by the result of the Democratic Reform under Constitutional Monarchy was carried out dishonestly for personal benefit or benefit of others which were seriously caused damage to the country. It is therefore necessary to inspect as to whether all performances and projects as approved or consented by any person in the Council of Ministers or by the Council of Ministers were carried out honestly or not. The Council for Democratic Reform hereby announces as follows:

Clause 1. There shall be the Inspection Commission consisting of:

(1) Mr. Sawadi Chotepanich Chairperson
(2) Auditor General member
(3) Attorney General or representative member
(4) Secretary-General of the National member
Counter Corruption Commission or representative
(5) Secretary-General of the Anti- member
Money Laundering Commission or representative
(6) Judge Advocate General or member representative
(7) Governor of the Bank of Thailand member or representative
(8) Secretary-General of the Office of member
Securities and Exchange Commission or representative

The Inspection Commission shall appoint a secretary and assistance secretary as necessary.

The Office of the Auditor General of the State shall be responsible for the secretariat work of the Inspection Commission and shall perform any other duties as entrusted by the Inspection Commission.

Clause 2. The Inspection Commission shall have the powers and duties to inspect all performances and projects as approved or consented by any person in the Council of Ministers or by the Council of Ministers vacating office by the result of the Democratic Reform under Constitutional Monarchy as to whether they were carried out honestly or not. If there is a reasonable ground to believe that any performance or project has been carried out dishonestly or corruptly and there is a circumstance that any person relates to such dishonest or corruption or involves circumstances of unusual wealthiness or an unusual increase of his or her assets, the Inspection Commission shall have the power to seize or attach all related assets of such person, spouse and child who is not become sui juris of such person.

For the execution of duties under this Announcement, the Inspection Commission shall, in addition to the powers under paragraph one, also have the powers under the following laws:

(1) Anti-Money Laundering Act, B.E. 2542 (1999) whereby the Inspection Commission shall be entitled to execute the power of the Anti-Money Laundering Commission and the Transaction Commission;
(2) Organic Law on National Counter Corruption, B.E. 2542 (1999) whereby the Inspection Commission shall be entitled to execute the power of the National Counter Corruption Commission;
(3) Revenue Code whereby the Inspection Commission shall be entitled to execute the power of the Director of the Revenue Department, particularly to the seizure, attachment and auction of asset.

For the execution under paragraph one and paragraph two, the Inspection Commission may summon any inspection or examination file of the Office of the Auditor General of the State for its consideration and for use as its inspection file, wholly or partly. In the case where its inspection is subjected to the consideration of the National Counter Corruption Commission, Anti-Money Laundering Commission or Transaction Commission, the appropriate cooperation shall be established among them.

Clause 3. The Inspection Commission shall notify the name-list of the persons under clause 2 to the financial institutions, Office of the Securities and Exchange Commission, Land Department, Revenue Department, other related agencies and any person who possesses asset or document or evidence related to the asset of such person so as to make them provide information related to such asset and taxes payment information as well as information on any transaction on related asset of the person under clause 2, spouse and child who is not become sui juris of such person to the Inspection Commission within the period of time and in accordance with procedure as determined by the Inspection Commission.
In the performance of duties under paragraph one, the Office of the Securities and Exchange Commission shall have the power to order the securities company to provide information and document to the Office of the Securities and Exchange Commission so as to submit to the Inspection Commission.

The provisions of laws which prohibit the disclosure of information related to the execution under paragraph one and paragraph two shall not apply to the notification of information under paragraph one.

Clause 4. In the case where the person whose asset are seized or attached under clause 2 fails to provide information under clause 3, or fails to deliver asset seized or move, sell, dispose of, transfer the asset under attachment, it shall be deemed that such asset has been acquired illegally and being asset acquired from unusual wealthiness or an unusual increase of asset.

In the case where the agency or person under clause 3 fails to comply with the determination of the Inspection Commission under clause 3, such agency or person shall be responsible for such damage incurred thereby.

Clause 5. All assets seized or attached under clause 2, if the owner thereof is able to prove to the Inspection Commission, within the period as specified by the Inspection Commission, that such person is the real owner of such asset and it is not acquired illegally or it is not the asset which relates to unusual wealthiness or an unusual increase of asset, the Inspection Commission shall have the power to revoke the seizure or attachment of such asset.

Clause 6. In the case where the Inspection Commission has a resolution that any person holding political position or any person commits malfeasance in office or performs the duties dishonestly or become unusually wealthy, it shall submit report, documents and evidences together with its opinion to the Attorney General for further proceedings under the Organic Law on National Counter Corruption, B.E. 2542 (1999) and the Organic Law on Criminal Procedure for a Person Holding Political Position, B.E. 2542 (1999). In this case, the resolution of the Inspection Commission is deemed to be the resolution of the National Counter Corruption Commission.

Clause 7. In the performance of duties under this Announcement, the Inspection Commission shall have the power to appoint the sub-commission so as to perform the duties as entrusted.

Clause 8. The Inspection Commission shall complete its mission under this Announcement within one year as from the date this Announcement comes into force.
At the expiration of the period under paragraph one, if an inspection or investigation of any matter is not completed, the Inspection Commission shall return the file to the Office of the National Counter Corruption Commission, the Office of the Anti-Money Laundering Commission and the Office of the Auditor General of the State, as the case may be, so as to conduct further proceedings according to the powers and duties of each agency.

Given on the 24th Day of September B.E. 2549

(Sign) General Sonthi Boonyaratkalin
(Sonthi Boonyaratkalin)
Chairperson of the Council for Democratic Reform

Certified Translation

(Mr. Chukiert Ratanachaichan)
Permanent Law Councillor
Acting for Secretary-General of the Council of State