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This article has been submitted by Chaninat & Leeds, a full service law firm in Thailand, specializing in foreign company registration, divorce litigation and US immigration, including the US visa waiver process for Thais.


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.

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.

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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)


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