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Announcement of the Council for Democratic Reform
No. 30
Re: Inspection of Acts being Detrimental to the State
Pursuant to the Announcement of the Council for Democratic Reform No. 23, Re: Assets Inspection, dated 24th September B.E. 2549 (2006), it is expedient at this moment to extend the power of the Inspection Commission to conduct an inspection to various kinds of acts which are detrimental to the State. The Council of the Democratic Reform hereby announces as follows:
Clause 1. The Announcement of the Council for Democratic Reform No. 23, Re: Assets Inspection, dated 24th September B.E. 2549 (2006) shall be repealed.
Clause 2. There shall be the Inspection Commission consisting of:
(1) Mr. Klanarong Janthig member
(2) Mr. Kaewsan Atiphothi member
(3) Khun Ying Jaruwan Maindaka member
(4) Mr. Jiraniti Hawanond member
(5) Mr. Nam Yimyam member
(6) Mr. Banjerd Singkhaneti member
(7) Mr. Viroj Laohaphan member
(8) Mr. Sawadi Chotepanich member
(9) Mr. Sak Kohsangrueng member
(10) Mrs. Saowani Asawaroj member
(11) Mr. Udom Fuengfoong member
(12) Mr. Amnuay Thanthara member
In the case where there is a law which prohibits any person from holding office
of a member or from performing other duties other
than the duty as prescribed
under such law, such law shall not apply to the appointment and the performance
of duty of a member
of the Inspection Commission.
The Inspection Commission under paragraph one shall elect one among themselves
to be Chairperson and shall have power to appoint
a secretary and assistant-secretaries
as necessary.
In the case where a member vacates from office, the remaining members shall continue their duties if the number of the remaining members is not less than one-half of the total number of members. In this regard, the Council of Ministers has the power to appoint an appropriate person to fill the vacancy.
Clause 3. 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.
The Office of the National Counter Corruption Commission, the Anti-Money Laundering
Office, the Bank of Thailand, the Office of
the Attorney-General and the Office
of the Securities and Exchange Commission shall render any cooperation as requested
by
the Inspection Commission as well as data, personnel or other matters for
the performance of duties of the Inspection Commission.
The Office of the Secretary-General of the Council of Ministers shall provide
work place for the Inspection Commission as appropriate.
The Council of Ministers
shall, upon request of the Inspection Commission, have power to order any government
official of any
State agency to do work as designated by the Inspection Commission.
Clause 4. The Bureau of the Budget shall allocate an appropriation from the remaining of the Office of the National Counter Corruption Commission and the Office of the Election Commission in an appropriate amount to the Office of the Auditor General of the State to be spent for all expenditure incurred in the performance of duties of the Inspection Commission. In case of deficiency, the Council of Ministers shall provide additional appropriation thereto as necessary.
Remunerations or other expenses incurred in the performance of duties of the Inspection Commission and remunerations or other expenses incurred in the performance of duties of government officials working for the Inspection Commission shall be in accordance with the rules as prescribed by the Inspection Commission with approval of the Prime Minister.
Clause 5. The Inspection Commission shall have the powers and duties as follows:
(1) to inspect any performance or project 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 if there is a ground to suspect that it was carried out corruptly or dishonestly;
(2) to inspect any contract, concession or procurement of any government agency, State enterprise or other State agencies if there is a ground to suspect that it rendered illegal benefit to any private individual or it constituted illegal act or corruption or dishonest behaviour;
(3) to inspect any performance of duties of any State official or State agency if there is a ground to suspect that it there is a commission of illegal act or corruption or dishonest behavior;
(4) to inspect any act of any person if it is of opinion that such act is illegal or avoiding of duties under the law on taxation and revenue which may be detrimental to the State.
If the Inspection Commission is of opinion that any matter under its consideration base upon a reasonable ground to believe that it constituted corruption or dishonest behavior and there is a circumstance that any person relates to such corruption or dishonest behavior or becomes unusual wealthiness or his or her assets has increased unusually, 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, paragraph two and paragraph three, the Inspection Commission shall have the power to consider any matter as it deem appropriate, matter as proposed by other persons or matter under consideration of any agency and shall have the power to summon any file or matter under consideration of any State agency or summon any inspection or examination file of the Office of the Auditor General of the State, if any, for its consideration and for use as its inspection file. In this case, the Inspection Commission may or may not conduct additional inspection. 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 6. The Inspection Commission shall notify the name-list
of the persons under clause 5 to 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 tax
payment information as well as information on any transaction
on related asset of the person under clause 5, 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 any 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 7. In the case where the person whose asset is seized or attached under clause 5 fails to provide information under clause 6, or fails to deliver asset under seizure 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 or being assets related to an offence under the law on anti-money laundering.
In the case where the agency or person under clause 6 fails to comply with the determination of the Inspection Commission under clause 6, such agency or person shall be responsible for such damage incurred therefrom.
Clause 8. All assets seized or attached under clause 5, 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 being asset related to unusual wealthiness or an unusual increase of asset or not being assets related to an offence under the law on anti-money laundering, the Inspection Commission shall have the power to revoke the seizure or attachment of such asset.
Clause 9. 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 Persons Holding Political Positions, 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. In the case where the Attorney General has different opinion while the Inspection Commission reaffirms its given opinion, the Inspection Commission shall have the power to the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions or the Court having jurisdiction over the case, as the case may be.
In the case where the Inspection Commission has a resolution that any person committed an offence and such offence is not subject to the Organic Law on Criminal Procedure for Persons Holding Political Positions, B.E. 2542 (1999), the Inspection Commission shall submit the matter to related agency for further proceedings according to the law under its responsibility. In this case, the inspection result of the Inspection Commission is deemed to be investigation result under such law.
Clause 10. 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 11. 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.
Clause 12. An amendment to the Announcement of the Council for Democratic Reform No. 23, Re: Assets Inspection, dated 24th September B.E. 2549 (2006) by this Announcement shall not prejudice any act which has been done by the Inspection Commission prior to the date this Announcement comes into force.
Given on the 30th 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
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