Unofficial Translation * ORGANIC ACT ON ANTI-CORRUPTION, B.E. 2542 (1999) ** BHUMIBOL ADULYADEJ, REX; Given on the 8 th Day of November B.E. 2542; Being the 54 th Year of the Present Reign. His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have an organic law on anti-corruption; Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows: 2542 (1999). Section 1. This Organic Act is called the Organic Act on Anti-Corruption, B.E. Section 2. 1 This Organic Act shall come into force as from the day following the date of its publication in the Government Gazette. Section 3. The following shall be repealed: (1) the Act on Anti-Corruption and Malfeasance in the Official Service, B.E. 2518 (1975); (2) the Act on Anti-Corruption and Malfeasance in the Official Service (No. 2), B.E. 2530 (1987); (3) the Act on the Declaration of Assets and Liabilities of Members of the Senate and Members of the House of Representatives, B.E. 2539 (1996). Section 4. In this Organic Act: * Translated by Ms. Mattanee Kaewpanya under contract for the Office of the Council of State of Thailand's Law for ASEAN project. Initial Version pending review and approval by the Office of the Council of State. ** As amended up to the Organic Act on Anti-Corruption (No. 3), B.E. 2558 (2015). 1 Published in the Government Gazette, Vol. 116, Part 114 Kor, Page 1, dated 17 November B.E. 2542 (1999).
2 State official means a person holding political position, a government official or a local officer holding a permanent position or salary, an officer or a person performing work in a State enterprise or a State agency, a local administrator and a member of a local council who is not a person holding political position, an official under the law on local administrative procedures, and shall include a member of a committee, a subcommittee, an employee of a government agency, a State enterprise or a State agency, and a person or a group of persons who exercises power or entrusted to exercise State administrative power in the conduct of a particular act under the law, whether established in the official service, a State enterprise or other State undertaking; foreign State official 2 means a person holding legislative, administrative or judicial position of a foreign State, and any person performing work relating to an official duty for a foreign State, including the performance of duties for a State agency or a State enterprise, whether by appointment or election, whether holding a permanent or temporary position, and whether or not he or she receives salary or other remuneration; staff of an international organization 3 means a person performing work in an international organization or a person entrusted by an international organization to perform work on behalf of that international organization; person holding political position means: (1) the Prime Minister; (2) the Minister; (3) a member of the House of Representatives; (4) a member of the Senate; (5) a political official other than (1) and (2) under the law on political officials; (6) a political parliamentary official under the law on parliamentary officials; (7) 4 a local administrator, a deputy local administrator and an assistant local administrator of an administrative local authority, as specified by the NACC and published in the Government Gazette; (8) 5 a member of a local council of an administrative local authority as specified by the NACC and published in the Government Gazette; 2 Section 4 definition of a foreign State official was added by the Organic Act on Anti- Corruption (No. 3), B.E. 2558 (2015). 3 Section 4 definition of a staff of an international organization was added by the Organic Act on Anti-Corruption (No. 3), B.E. 2558 (2015). 4 Section 4 definition of a person holding political position (7) was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
3 (9) 6 (repealed); person holding a high-level position 7 means a person holding the position of head of a government agency at the level of a Ministry, a Sub-Ministry or a Department in respect of a civil servant, the Permanent Secretary of the Ministry of Defence, the Supreme Commander, the Army Commander in respect of a military official, a person holding the position of the National Police Commissioner, the Deputy of Bangkok Metropolitan Administration, a member of the board and highest executive of a State enterprise, head of an independent agency under the Constitution which is a juristic person, a member of the board and highest executive of other State agency as determined by the NACC and published in the Government Gazette, and a person holding other position as provided by law; high-level executive 8 means a person holding a political position, a person holding a high-level position, a member of the board of an independent agency under the Constitution, a member of the Vice Minister s Committee, a person holding the position from a director at the primary level or equivalent of a government agency, a State enterprise, other State agency, an agency exercising or entrusted with administrative power, and shall include a person or a group of persons with the powers and duties to control and oversee such agency, and other State official as determined by the NACC and published in the Government Gazette; division director 9 means a government official holding the position from a director at the primary level or equivalent and above under the law on civil servants or a government official under other law, as determined by the NACC and published in the Government Gazette; injured person means a person whose injury results from an action which is the cause for a State official to be unusually wealthy from the commission of offence against official position and duties under the Criminal Code or commission of offence against the position or dishonest performance of duties under other law; 5 Section 4 definition of a person holding political position (8) was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 6 Section 4 definition of a person holding political position (9) was repealed by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 7 Section 4 definition of a person holding a high-ranking position was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 8 Section 4 definition of a high-level executive was added by the Organic Act on Anti- Corruption (No. 2), B.E. 2554 9 Section 4 definition of a division director was added by the Organic Act on Anti- Corruption (No. 2), B.E. 2554
4 accused means a person being accused of or behaving in such a way that appears to the National Anti-Corruption Commission that he or she has committed an act which may form a basis for removal from office, a criminal prosecution, an order that his or her assets shall vest in the State or a disciplinary action as provided in this Organic Act, and shall also include the principal, instigator or an accomplice in such act; President means the President of the National Anti-Corruption Commission; Commissioner means a Commissioner of the National Anti-Corruption Commission; Sub-Commission means the National Anti-Corruption Sub-Commission as appointed by the National Anti-Corruption Commission for the execution of this Organic Act; Secretary-General means the Secretary-General of the National Anti- Corruption Commission; competent official means the Secretary-General and government officials under the Office of the National Anti-Corruption Commission, and shall include government officials or officers who are temporarily assigned to attach to the Office of the National Anti- Corruption Commission and who are appointed by the National Anti-Corruption Commission for the execution of this Organic Act; investigating officer 10 means a person who is appointed by the NACC to perform duties under this Organic Act, by appointing from competent officials at the professional level or equivalent and above; dishonest performance of duties means any act or omission to act in the position or duty, or any act or omission to act in such a way as to make others believe that he or she is in the position or duty which he or she is not, or exercise power in the position or duty in order to acquire undue benefits for oneself or others; unusual increase of assets means a situation where assets or liabilities in an account declaring a list of assets and liabilities which a person holding a political position submitted upon vacation of office has changed from the account declaring a list of assets and liabilities submitted upon assumption of office in a manner which assets unusually increase or liabilities unusually decrease; unusual wealth means a situation where a person has unusually considerable assets, unusually considerable increase of assets or unusually considerable decrease of liabilities or illegitimate acquisition of assets, resulting from the performance of duties or exercise of powers in his or her position and duties. 10 Section 4 definition of an investigating officer was added by the Organic Act on Anti- Corruption (No. 2), B.E. 2554
5 Section 5. The President of the National Anti-Corruption Commission shall have charge and control of the execution of this Organic Act and shall have the power to issue notifications or rules and appoint competent officials with the approval of the National Anti-Corruption Commission for the execution of this Organic Act. Notifications and rules under paragraph one which are of general application shall come into force upon their publication in the Government Gazette. CHAPTER I THE NATIONAL ANTI-CORRUPTION COMMISSION Section 6. 11 There shall be a National Anti-Corruption Commission or the NACC in brief, consisting of one President and eight other commissioners who are appointed by the King with the advice of the Senate. The President of the Senate shall countersign the royal command to appoint the President and Commissioners. Section 7. 12 Recruitment and selection of Commissioners shall be conducted as follows: (1) there shall be a Recruitment Committee of five persons, consisting of the President of the Supreme Court, the President of the Constitutional Court, the President of the Supreme Administrative Court, the President of the House of Representatives, and the Leader of Opposition in the House of Representatives, by self-electing one member as President of the Recruitment Committee. The Recruitment Committee shall have the duties of recruiting and preparing a list of names of nine persons being selected and shall present to the President of the Senate, with the consent of those being nominated, within thirty days as from the date where the cause for the selection of the person to serve in such position arises. The decision on such selection shall be made by an open vote and shall receive not less than two-third of the total existing members of the Recruitment Committee. In the case where there is no member in any position, or there is a member but he or she is unable to perform his or her duties, if the remaining members are not less than one half, the Recruitment Committee shall consist of the remaining members; 11 Section 6 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 12 Section 7 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
6 (2) the President of the Senate shall convoke a meeting of the Senate to decide on the approval of persons being selected pursuant to (1) within thirty days as from the date of receipt of the list of names. The decision shall be made by secret ballot. In the case where the Senate approves the nomination, the President of the Senate shall respectfully inform the King for further appointment. In the case where the Senate does not approve any name, either in whole or in part, such names shall be returned to the Recruitment Committee, together with the reasons for the Committee to conduct new recruitment. Where the Recruitment Committee does not agree with the Senate and decides to uphold its original decision with a unanimous vote, such names shall be submitted to the President of the Senate to respectfully inform the King for further appointment. However, where a decision to uphold the original decision is not made by a unanimous vote, the new recruitment process shall be initiated and completed within thirty days as from the date where the cause for such process arises. In the case where it is not possible to recruit a person pursuant to (1) within the specified period of time regardless of any reason, the plenary session of the Supreme Court shall appoint three judges of the Supreme Court whose ranking is not lower than a Supreme Court justice, and the plenary session of the judges of the Supreme Administrative Court shall appoint two judges of the Supreme Administrative Court as members of the Recruitment Committee to conduct a process pursuant to (1). Persons being selected pursuant to paragraph one shall convene and selfelect one person as President of the Committee and shall inform the President of the Senate accordingly. Section 8. 13 A person nominated to serve as Commissioner shall manifest him or herself as a person of honesty and integrity, have qualifications under section 9 and not be under the prohibitions under section 10. Section 9. 14 A person nominated to serve as Commissioner shall have qualifications as follows: (1) being of Thai nationality by birth; (2) being not less than forty-five years of age; (3) having been a Minister, a judge of the Constitutional Court, a judge of the Military Supreme Court, an Election Commissioner, an Ombudsman, a Commissioner of the 13 Section 8 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 14 Section 9 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
7 State Audit Commission, or a Commissioner of the National Human Rights Commission or having been served as a government official in a position not lower than a Deputy Attorney- General, a Director-General or a person holding an administrative position in a government agency who exercises administrative power equivalent to a Director-General, or who holds a position not lower than a Professor, or having been a lawyer or a representative of a private development organization, or a person who practices a profession which has a legal professional organization, and who has regularly and continuously practiced the profession for not less than thirty years until the date of nomination, for whom the Lawyers Council, the private development organization or the professional organization guarantees and nominates his or her name in the recruitment process. Section 10. 15 A person nominated to serve as Commissioner shall not be under the prohibitions as follows: (1) being a member of the House of Representatives, a member of the Senate, a political official, a member of the local council or a local administrator; (2) being or having been a member or a person holding other position of a political party within the period of three years before assumption of office; (3) being a judge of the Constitutional Court, an Election Commissioner, an Ombudsman, a Commissioner of the National Human Rights Commission, a judge of the Administrative Court, or a Commissioner of the State Audit Commission; (4) being a monk, a novice, an ascetic or a priest; (5) being in the period where his or her electoral right is revoked; (6) being detained by a warrant of the Court or by a lawful order; (7) being of unsound mind or of mental infirmity; (8) being addicted to narcotics; (9) being bankrupt or having been bankrupt due to dishonesty; (10) being sentenced by a judgment to imprisonment and being detained by a warrant of the Court; (11) having been sentenced by a judgment to imprisonment and having been discharged for a period of less than five years on the date of nomination, except for an offence committed through negligence or a petty offence; (12) having been sentenced by a judgment to imprisonment for an offence of dishonest performance of duties; 15 Section 10 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
8 (13) having been expelled, dismissed or discharged from official service, a State agency or a State enterprise on the grounds of dishonest performance of duties or deemed as having committed dishonest acts and malfeasance in the official service; (14) having been ordered by a judgment or an order of the Court that his or her assets shall vest in the State on the grounds of unusual wealth or unusual increase of assets; (15) being in the period of prohibition from holding a political position under section 34 and section 41; (16) having been removed from office by the resolution of the Senate. Section 11. 16 A person being approved as Commissioner shall: (1) not be a government official holding a permanent position or salary; (2) not be a staff or an employee of a State agency, a State enterprise or a local administration, or a member of the board or an advisor of a State enterprise or a State agency; (3) not hold any position in a partnership, a company, or an organization which conducts business for the purpose of making and sharing profit or income, or not be an employee of any person; (4) not practice any other independent profession. Once the Senate approves a person under (1) (2) (3) or (4) with the consent of that person, the person being selected or approved may begin to perform his or her duties only when he or she resigns from being a person pursuant to (1) (2) or (3) or provides evidence to prove that he or she quits his or her independent profession pursuant to (4), which shall be done within fifteen days as from the date of selection or approval. Where such person does not resign or quit his or her independent profession within the specified period of time, that person shall be deemed as not having been selected or approved as Commissioner. The provisions of section 14 shall apply. Section 12. A Commissioner shall hold office for a term of nine years as from the date of appointment by the King, and shall serve only for one term. A Commissioner who vacates office upon the expiration of the term shall be in office to continue to perform his or her duties until a new Commissioner assumes his or her duties. 16 Section 11 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
9 Section 13. In addition to vacating office on the expiration of term under section 12, a Commissioner vacates office upon: (1) death; (2) being seventy years of age; (3) resignation; (4) being disqualified under section 9 or being under the prohibitions under section 10; (5) having acted in violation of section 11; (6) being dismissed from office by the resolution of the Senate under section 16; (7) being sentenced by a judgment to a term of imprisonment. Where a case under paragraph one arises, the remaining Commissioners shall continue to perform their duties and it shall be deemed that the NACC consists of the existing Commissioners. Section 14. 17 Once a Commissioner vacates office, the process pursuant to section 7 shall begin within thirty days as from the date of vacating office. In the case where a Commissioner vacates office under section 13, the provisions of section 7 shall apply mutatis mutandis. In the case where a Commissioner vacates office while the National Assembly is not in session, the process pursuant to section 7 shall be conducted within thirty days as from the date when the National Assembly is back in session. Section 15. 18 A Commissioner shall have the duties to submit an account declaring a list of his or her assets and liabilities, those belonging to his or her spouse and children who have yet to become sui juris, including assets entrusted to be under the possession or protection of other person, either directly or indirectly, to the President of the Senate upon assumption and vacation of office. The provisions of section 32, section 33, section 35 paragraph one, section 41 and section 119 shall also apply, mutatis mutandis. 17 Section 14 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 18 Section 15 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
10 The account declaring a list of assets and liabilities pursuant to paragraph one shall be disclosed only where there is a need to conduct the process pursuant to paragraph three, or for the purpose of Court proceeding or final judgment and the request is made by the Court or interested parties or the State Audit Commission, or where the owner of such account declaring a list of assets and liabilities consents to the disclosure. In this case, the President of the Senate shall publish in the Government Gazette. The President of the Senate shall arrange for an examination ofthe account declaring a list of assets and liabilities of a person pursuant to paragraph one. The provisions of section 25 shall also apply mutatis mutandis to the performance of duties by the President of the Senate in this case. Section 16. 19 Members of the House of Representatives of not less than one-fourth of the total existing members of the House of Representatives or qualified voters of not less than twenty thousand people shall have the right to sign a petition to the President of the Senate that any Commissioner has acted unfairly, intentionally violated the Constitution or the law, or behaved in a manner that is seriously detrimental to the honour of office, to request the Senate to pass a resolution dismissing that Commissioner from office. The resolution of the Senate to dismiss a Commissioner pursuant to paragraph one shall be passed by not less than three-fourth of the total existing members of the Senate. Section 17. 20 Members of the House of Representatives, members of the Senate or members of both Houses of not less than one-fifth of the total existing members of both Houses shall have the right to sign a petition to the Criminal Division for Persons Holding Political Positions of the Supreme Court that any Commissioner is unusually wealthy, committed an offence of dishonest performance of duties, or committed an offence against his or her official position and duties. The petition under paragraph one shall clearly identify alleged behaviours that a holder of such position committed pursuant to paragraph one and shall be submitted to the President of the Senate. Once the President of the Senate receives the petition, it 19 Section 16 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 20 Section 17 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
11 shall be forwarded to the Criminal Division for Persons Holding Political Positions of the Supreme Court for adjudication. In the case where the Criminal Division for Persons Holding Political Positions of the Supreme Court issues an order admitting the case, the alleged Commissioner shall not perform his or her duties during such period, until the Criminal Division for Persons Holding Political Positions of the Supreme Court gives a judgment dismissing the case. In the case where a Commissioner is unable to perform his or her duties pursuant to paragraph three, and the remaining Commissioners are less than one half of the total Commissioners, the President of the Supreme Court and the President of the Supreme Administrative Court shall jointly appoint a person who has qualifications and not be under the prohibitions as the Commissioner to perform duties temporarily as Commissioner. The person being appointed shall be in office until the Commissioner he or she replaces is able to perform his or her duties or until the Criminal Division for Persons Holding Political Positions of the Supreme Court gives a judgment that that person is guilty. In the case where the Criminal Division for Persons Holding Political Positions of the Supreme Court gives a judgment dismissing the case, the Commissioner who ceased to perform his or her duties pursuant to paragraph three shall be entitled to the full salary, position allowance and any other benefit during the time he or she ceases to perform duties. Court proceedings shall be in accordance with the Organic Act on Criminal Procedures of Persons Holding Political Positions. Section 18. Salary, position allowance and other remuneration and benefit of the President and Commissioners shall be in accordance with the law on that matter. CHAPTER II POWERS AND DUTIES OF THE NATIONAL ANTI-CORRUPTION COMMISSION Section 19. 21 The NACC shall have the following powers and duties: (1) to investigate the facts and summarize the case, together with preparing an opinion for submission to the Senate pursuant to Chapter V Removal from Office; 21 Section 19 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
12 (2) to investigate the facts and summarize the case, together with preparing an opinion for submission to the Attorney-General for prosecution at the Criminal Division for Persons Holding Political Positions of the Supreme Court pursuant to Chapter VI Criminal Proceedings against Persons Holding Political Positions under Section 275 of the Constitution; (3) to investigate and determine that other person holding a political position who is not a person under (2) and a State official is unusually wealthy in order to request that his or her assets shall vest in the State, pursuant to the criteria and procedures as provided in this Organic Act; (4) to investigate and determine that other person holding a political position who is not a person under (2) or a State official from the high-level executive or a government official holding a position from a division director is unusually wealthy, committed an offence of dishonest performance of duties, committed an offence against his or her official position and duties, or an offence against his or her judicial position and duties or related offences, as well as take actions against a State official or a government official at the lower level who jointly committed an offence with such person holding the position or person holding the political position or who committed an offence in a manner which the NACC deems appropriate for actions to be taken, as determined by the NACC and published in the Government Gazette; (4/1) 22 to investigate and determine that a foreign State official and staff of an international organization or any person committed an offence under section 123/2, section 123/3, section 123/4 and section 123/5; (4/2) 23 to investigate and consider the commission of offence within the powers of the NACC committed outside the Kingdom of Thailand. In this case, cooperation for the purpose of investigation and consideration shall be in accordance with the law on that matter; (5) to determine the position of State officials who shall submit an account declaring a list of assets and liabilities under section 264 of the Constitution; (6) to examine the correctness and existence, including the change of assets and liabilities of persons holding political positions and State officials with the duties to submit accounts declaring a list of assets and liabilities pursuant to Chapter III Examination of Assets and Liabilities, pursuant to the criteria and procedures as specified by the NACC; (2015). (2015). 22 Section 19 (4/1) was added by the Organic Act on Anti-Corruption (No. 3), B.E. 2558 23 Section 19 (4/2) was added by the Organic Act on Anti-Corruption (No. 3), B.E. 2558
13 (7) to oversee the moral and ethics of persons holding political positions; (8) to specify the criteria and procedures for the disclosure of accounts declaring a list of assets and liabilities and supplementary documents of persons holding the position of the Prime Minister, the Minister, members of the House of Representatives and members of the Senate and State officials; (9) to specify the criteria and procedures for the submission of accounts declaring a list of assets and liabilities of persons holding political positions, local administrators and members of local councils, and State officials with the duties to submit accounts declaring a list of assets and liabilities pursuant to Chapter III Examination of Assets and Liabilities; (10) to provide an annual report on the result of examination and performance of duties, together with a comment to the Council of Ministers, the House of Representatives and the Senate. Such report shall be published in the Government Gazette and shall also be disclosed to the public; (11) to present a measure, an opinion and recommendation to the Council of Ministers, the National Assembly, the Court or the State Audit Commission in order to improve the performance of official duties or the planning of projects of a government agency, a State enterprise or a State agency with a view to preventing or countering corruption, commission of an offence of dishonest performance of duties, an offence against official position and duties or an offence against judicial position and duties; (12) to take action by submitting the matter to relevant agencies to request for the Court s order or judgment cancelling or revoking the right or a document conferring the right which a State official approves or authorizes the conferral of right and benefit or issues the document conferring the right to any person unlawfully or against official rules which causes injury to official service; (13) to take action to prevent corruption and to strengthen the attitude and values of honesty and truthfulness, including action for the people or a group of people to take part in preventing and countering corruption; (14) to take action relating to foreign affairs by becoming the centre for international cooperation for the purpose of preventing and countering corruption, in accordance with international obligations and agreements on anti-corruption; (14/1) 24 to take action pursuant to a request for assistance from a foreign country in a corruption case which the focal point under the law on international cooperation (2015). 24 Section 19 (14/1) was added by the Organic Act on Anti-Corruption (No. 3), B.E. 2558
14 in criminal matters submitted to the NACC or to consider providing assistance to a foreign country in a corruption case which is not a request for assistance under the law on international cooperation in criminal matters; (15) to approve the appointment of the Secretary-General; (16) to appoint a person or a group of persons to perform duties as may be entrusted; (17) to take other action as provided in this Organic Act or as prescribed in other law as being the powers and duties of the NACC, in cases where the law prescribing the powers and duties of the NACC does not undercut the powers of the NACC to further prosecute a case as it sees appropriate, or where it may submit the matter to an agency responsible to take further action; Investigation of facts or examination under (1) (2) (3) (4) (4/1) (4/2) and (6) may be entrusted by the NACC to an investigating officer to be responsible for the case and take action on its behalf and report to it for further determination. The performance of duties by such investigating officer shall be in accordance with the criteria, procedures and timeframe as specified by the NACC. 25 Section 20. 26 At the meeting of the NACC, the presence of not less than one-half of the total existing Commissioners is required to constitute a quorum. Section 21. A meeting shall be conducted in accordance with the rules as prescribed by the NACC. Request for a meeting shall be done in writing and informed to all Commissioners in advance not less than three days, except where the Commissioners are informed of such meeting during the previous meeting. In such a case, the written request for the meeting may be made only for Commissioners who were not present at the previous meeting. The provisions of paragraph two shall not apply in the case where there is a need or a case of urgency, which the President may otherwise call for a meeting. 25 Section 19 paragraph two was amended by the Organic Act on Anti-Corruption (No. 3), B.E. 2558 (2015). 26 Section 20 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
15 Section 22. The President shall have the powers and duties to conduct meetings, and in order to maintain order of the meeting, the President shall have the power to issue any order as necessary. In a meeting, if the President is not present or is unable to perform his or her duty, the Commissioners being present shall elect one among themselves to preside over the meeting. Section 23. A decision shall be made by a majority of votes of the total existing Commissioners, whether it is a decision for determination or approval pursuant to the provisions of this Organic Act. 27 In casting a vote, each Commissioner shall have one vote. In the case of an equality of votes, the presiding member shall have an additional vote as the casting vote. Section 24. In a meeting, there shall be a report of the meeting in writing. Where there is an opposition view, such view shall be recorded together with the reasons in the report of the meeting. If the minority Commissioners presented an opposition view in writing, such view shall also be recorded. Section 25. In the performance of duties under this Organic Act, the NACC shall have the following powers: (1) to issue an order for a government official, an officer or employee of a government agency, a State agency, a State enterprise or a local administration to execute all tasks necessary for the performance of duties of the NACC, or to call for related documents or evidence from any person or to call any person to give a statement or testimony for the purpose of investigating the facts; (2) to take action by requesting the Court which has jurisdiction to issue a warrant to enter into a residence, an office or any other place, including a vehicle of any person during the time when the sun rises and sets, or during the time when there is a business undertaking, to examine, search, seize or sequester a document, an asset or any other witness and evidence relating to the matter under investigation of facts. Where the action is not completed during such time, it may be continued further until completion; B.E. 2554 27 Section 23 paragraph one was amended by the Organic Act on Anti-Corruption (No. 2),
16 (3) to submit a written request to a government agency, a State agency, a State enterprise, a local administration or a private agency to take action for the purpose of the performance of duties, investigation of facts or final determination of the NACC; (3/1) 28 to cooperate with relevant agencies for the purpose of the performance of duties under this Organic Act, by making an arrangement with the head of relevant agency to entrust an officer to provide assistance, support or take part in the performance of duties, as necessary. This shall be in accordance with the rules, criteria and procedures as prescribed by the NACC; (4) to prescribe rules on the criteria and procedures of payment of allowance, travelling expense and remuneration of a witness, and on the performance of duties of the competent official or any other matter for the execution of this Organic Act; (5) to prescribe rules on the payment of reward under section 30. Section 25/1. 29 For the purpose of preventing and countering corruption, the NACC will inform any agency or financial institution to allow the Commissioners or members of the investigating sub-commission to have access to information relating to the accused or other person who has sufficient evidence that he or she is involved in the matter under accusation, for the purpose of investigating the facts or for the purpose of the determination of the NACC or the investigating sub-commission. Criteria, procedures and conditions for access of information belonging to any agency or financial institution by the Commissioners or members of the investigating subcommission pursuant to paragraph one shall be in accordance with the rules as prescribed by the NACC, subject to the law or rules and regulations relating to the protection of information of that agency. Information of any agency or financial institution to which the Commissioners or members of the investigating sub-commission cannot have access shall be requested by the NACC to the Court which has jurisdiction in order to request the Court s order for access of such information. Section 26. In the criminal proceedings against a State official under this Organic Act, the NACC shall have the following powers: (2015). 28 Section 25 (3/1) was added by the Organic Act on Anti-Corruption (No. 3), B.E. 2558 29 Section 25/1 was added by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
17 (1) to inquire for facts and gather witnesses and evidence in order to be informed of the facts or to prove the commission of offence and to bring the offender for prosecution; (2) to take action by requesting the Court which has jurisdiction to issue a warrant to arrest and detain the accused who, during the investigation of facts, appears to be the offender or who is determined by the NACC that there are grounds for the accusation in order to refer him or her to the Attorney-General for further action. In inquiring for facts and gathering of witnesses and evidence pursuant to (1), the NACC may entrust an investigating officer to take action on its behalf. 30 Actions of the investigating officer pursuant to paragraph two shall be in accordance with the criteria, procedures and conditions as prescribed by the NACC. 31 Section 27. 32 In the performance of duties under this Organic Act, the President, the Commissioners or the Secretary-General shall have the power to sign a letter taking action in accordance with the powers and duties of the NACC. In this case, the President, the Commissioners or the Secretary-General may entrust the Deputy Secretary- General or the Assistant Secretary-General to do so on his or her behalf. For cases under section 28/2, section 37/2, section 42 and section 45/1, investigating officers who are responsible for the case may also be entrusted to sign the letter, pursuant to the criteria and procedures as prescribed by the NACC. Section 28. 33 In the case where there is no President or the President is unable to perform his or her duties, the remaining Commissioners shall elect one among themselves to act as President. The acting President pursuant to paragraph one shall have the same powers and duties as the President. 30 Section 26 paragraph two was added by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 31 Section 26 paragraph three was added by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 32 Section 27 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 33 Section 28 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
18 Section 28/1. 34 In the case where a working group between the NACC and the Attorney-General is established under this Organic Act, the NACC shall perform duties as secretary. The working group shall have the power and duties to consider incomplete witnesses and evidence and gather more witnesses and evidence to make the case complete and submit to the Attorney-General for further submission to the Court or prosecution. Section 28/2. 35 In the case where this Organic Act or other law provides that the NACC or the President shall submit the case to the Court or shall have the power to prosecute the case itself, the NACC or the President, as the case may be, may consider to entrust an investigating officer who has an educational background at the level of a barrister or a bachelor of law degree, and has experiences which are beneficial to the work in Court on its behalf as an attorney, or may consider to appoint a lawyer to prosecute the case on its behalf, pursuant to the rules as prescribed by the NACC. Investigating officers entrusted with the power to act pursuant to paragraph one shall have the power to conduct a case and Court proceedings. Section 29. In the case where any Commissioner, member of the subcommission, or competent official is an interested party, either directly or indirectly, in any matter, that person shall be prohibited from participating in the investigation of facts, consideration or determination of such matter. Section 30. In investigating the facts in cases where there is an accusation that a State official is unusually wealthy or an examination of change in assets or liabilities of a person holding political position, any person who advices, informs a clue or gives information or facts relating to assets or liabilities of the accused or a person under examination, including the principal, instigator or accomplice to the NACC, and such advice, information of the clue or information or facts result in assets of those unusually wealthy or unusually increased vest in the State by a final Court order, that person shall receive a reward pursuant to the rules as prescribed by the NACC. Section 31. 36 In the performance of duties under this Organic Act: 34 Section 28/1 was added by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 35 Section 28/2 was added by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 36 Section 31 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
19 (1) the President and Commissioners shall be justice official under the law; (2) members of the sub-commission, investigating officers and competent officials shall be officials under the Criminal Code. In inquiring the facts and gathering witnesses and evidence or investigating the facts pursuant to this Organic Act, the President, Commissioners, members of the subcommission, and investigating officers shall be administrative officers or high-ranking police officers and shall also have the same power as investigating officers under the Criminal Procedure Code. In making arrest and detention of a person, the NACC or a person entrusted by it may join the police officers, investigating officers or other officials, or inform the police officers, investigating officers or other officials to do so. For the purpose of the performance of duties under this Organic Act, in making an arrest, detention and provisional release in order to arrange for the accused to be present for prosecution, the relevant part of the Criminal Procedure Code shall apply mutatis mutandis. CHAPTER III EXAMINATION OF ASSETS AND LIABILITIES Part 1 Declaration of an Account Containing a List of Assets and Liabilities of Persons Holding Political Positions Section 32. A person holding the political position shall have the duties to submit an account declaring a list of his or her assets and liabilities, those belonging to his or her spouse and children who have yet to become sui juris, as they exist at the date of assumption or vacation of office to the NACC, every time he or she assumes and vacates office, as the case may be, pursuant to the format as prescribed by the NACC. 37 Assets and liabilities to be declared shall include assets and liabilities abroad and shall also include assets of a person holding the political position entrusted to be under the possession or protection of other person, either directly or indirectly. 38 37 Section 32 paragraph one was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 38 Section 32 paragraph two was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
20 In the case where any person holding the political position pursuant to paragraph one holds more than one political position, that person shall separate the submission of accounts declaring a list of assets and liabilities for every position, pursuant to the timeframe for submission of accounts prescribed for such position. Section 33. Submission of accounts declaring a list of assets and liabilities under section 32 shall be made together with supplementary documents which are copies of evidence to prove the existence of such assets and liabilities, including copies of a personal income tax return form for the previous tax year. The person submitting the account shall attach his or her signature to certify the correctness in the account and all pages of the copies of evidence being submitted, and shall also prepare details of documents supplementing the accounts declaring a list of assets and liabilities being submitted, and shall be submitted within the specified timeframe as follows: (1) in the case of assumption of office, within thirty days as from the date of assuming office; (2) in the case of vacation of office, within thirty days as from the date of vacating office; (3) in the case where a person holding the political position who has submitted the account, dies while in office or before submitting the account after vacation of office, the heir or the trustee shall submit the accounts declaring a list of assets and liabilities as they exist on the date such person dies within ninety days as from the date the person dies. A person holding the position of Prime Minister, Minister, local administrator, member of the local council or a person holding the political position who vacates office, in addition to the submission of account pursuant to (2), he or she shall also have the duty to submit an account declaring a list of assets and liabilities again as they exist on the date of the one year anniversary as from the date of vacation of office. The submission shall be made within thirty days as from the date of vacation of office for one year. 39 In the case where any person holding the political position vacates office in order to take up another political position within thirty days as from the date of such vacation of office, where assets and liabilities do not change from the account declaring a list of assets and liabilities which were submitted, he or she may inform the NACC in order to request the use of such account instead of a new submission. But where assets and B.E. 2554 39 Section 33 paragraph two was amended by the Organic Act on Anti-Corruption (No. 2),
21 liabilities of such person changed from the account declaring a list of assets and liabilities which were submitted, he or she may submit an account declaring a list of assets and liabilities only for items which have changed. This shall be done pursuant to the criteria and procedures as prescribed by the NACC, which may also indicate electronic methods that can be used in the declaration of assets and liabilities. 40 The provisions of paragraph three shall apply to cases where a person holding the position who has submitted an account declaring a list of assets and liabilities, and was subsequently appointed to hold another position which shall also submit an account declaring a list of assets and liabilities, mutatis mutandis. The timeframe for submission of the account declaring a list of assets and liabilities for such other position for which the appointment is made shall be in accordance with as prescribed by the NACC. 41 Section 34. 42 Once it appears before the NACC that any person holding the political position intentionally fails to submit an account declaring a list of assets and liabilities and supplementary documents to the NACC within the timeframe as specified by this Organic Act, or intentionally submits an account declaring a list of assets and liabilities and supplementary documents containing false statement, or conceals the facts which should be informed to the NACC, the NACC shall submit the matter to the Criminal Division for Persons Holding Political Positions of the Supreme Court for further determination. Where the Criminal Division for Persons Holding Political Positions of the Supreme Court gives a final determination as submitted by the NACC, that person shall be dismissed from office on the date the Criminal Division for Persons Holding Political Positions of the Supreme Court gives the determination. That person shall also be prohibited from holding any political position or any position in a political party for a period of five years as from the date when the Criminal Division for Persons Holding Political Positions of the Supreme Court gives the determination. However, this shall not affect the undertaking that such person has done while in office, including the receipt of salary, position allowance or other remuneration and benefit. 40 Section 33 paragraph three was added by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 41 Section 33 paragraph four was added by the Organic Act on Anti-Corruption (No. 2), B.E. 2554 42 Section 34 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554
22 In the case where a person holding the political position pursuant to paragraph one vacates office prior to the date when the matter appears before the NACC, the five-year period pursuant to paragraph one shall begin as from the date that person vacates office. Section 35. 43 Once an account declaring a list of assets and liabilities and supplementary documents under section 33 are received, the President or a Commissioner who is entrusted by the President shall attach his or her signature or execute by any other means instead of attaching the signature to such account declaring a list of assets and liabilities, pursuant to the criteria and procedures as prescribed by the NACC. Accounts declaring a list of assets and liabilities and supplementary documents of the Prime Minister, the Minister, members of the House of Representatives and members of the Senate shall quickly be disclosed to the public, but shall not exceed thirty days as from the date the submission of accounts is due. Accounts declaring a list of assets and liabilities of a person holding other position shall only be disclosed where such disclosure will be useful to the adjudication of a case or determination of a final judgment, and is requested by the Court, interested parties or the State Audit Commission, or in the case where the owner of such accounts declaring a list of assets and liabilities consents to the disclosure. Disclosure of accounts declaring a list of assets and liabilities and supplementary documents pursuant to paragraph two shall be in accordance with the criteria and procedures as prescribed by the NACC, while taking into account the protection of personal information. The President shall quickly arrange for a meeting of the NACC to examine the correctness and existence of such assets and liabilities. In this case, the NACC may entrust a competent official to examine and report to the NACC for consideration, pursuant to the criteria, procedures and conditions as prescribed by the NACC. Section 36. In the case where there is a submission of accounts declaring a list of assets and liabilities due to the fact that any person holding the political position vacates office or dies, the NACC shall conduct an examination on the change of assets and liabilities of such person and prepare a report on the examination and publish such report in the Government Gazette. 43 Section 35 was amended by the Organic Act on Anti-Corruption (No. 2), B.E. 2554