In the case of paragraph one, the Court may give an order permitting the
competent official who has filed the application to take action with the aid of any device or
equipment as it may think fit, provided that the permission on each occasion shall not be for
the duration of more than ninety days.
Upon the Court's order granting permission under paragraph one or
paragraph two, the person concerned with such account, communicated data or computer data
to which the order relates shall give co-operation for the implementation of this section.
Section 47 The Office shall prepare an annual report on the result of its work
performance for submission to the Council of Ministers. The annual report on the result of
work performance shall at least contain the following material particulars:
(1) a report on the result of the performance with regard to asset and other
performance under this Act;
(2) problems and obstacles encountered in the work performance;
(3) a report on facts and remarks with regard to the discharge of functions
as well as opinions and suggestions.
The Council of Ministers shall submit the annual report on the result of work
performance under paragraph one together with its remarks to the House of Representatives
and the Senate.
Section 48 In conducting an examination of the report and information on
transaction-making, if there is a reasonable ground to believe that any asset connected with
the commission of an offence may be transferred, distributed, moved, concealed or hidden,
the Transaction Committee has the power to order a provisional seizure or attachment of such
asset for the duration of not more than ninety days.
In the case of compelling necessity or urgency, the Secretary-General shall
order a seizure or an attachment of the asset under paragraph one for the time being and then
report it to the Transaction Committee.
The examination of the report and information on transaction-making under
paragraph one shall be in accordance with the rules and procedure prescribed in the
The person having made the transaction in respect of which the asset has
been seized or attached or the person interested in the asset may produce evidence that the
money or asset in such transaction is not the asset connected with the commission of the
offence in order that the seizure or attachment order may be revoked, in accordance with the
rules and procedure prescribed in the Ministerial Regulations.
When the Transaction Committee or the Secretary-General, as the case may
be, has ordered a seizure or an attachment of the asset or ordered revocation thereof, the
Transaction Committee shall report it to the Board.
Section 49 Subject to section 48 paragraph one, in the case where there is
convincing evidence that any asset is the asset connected with the commission of an offence,
the Secretary-General shall refer the case to the public prosecutor for consideration and filing
an application with the Court for an order that such asset be vested in the State without delay.
In the case where the public prosecutor considers that the case is not so
sufficiently complete as to justify the filing of an application with the Court for its order that
the whole or part of that asset be vested in the State, the public prosecutor shall notify the
Secretary-General thereof without delay for taking further action. For this purpose, the
incomplete items shall also be specified.
The Secretary-General shall take action under paragraph two without delay
and refer additional matters to the public prosecutor for reconsideration. If the public
prosecutor is still of the opinion that there is no sufficient prima facie case for filing an
application with the Court for its order that the whole or part of that asset be vested in the
State, the public prosecutor shall notify the Secretary-General thereof without delay for
referring the matter to the Board for its determination. The Board shall consider and
determine the matter within thirty days as from its receipt from the Secretary-General, and
upon the Board's determination, the public prosecutor and Secretary-General shall act in
compliance with such determination. If the Board has not made the determination within such
time-limit, the opinion of the public prosecutor shall be complied with.
When the Board has made the determination disallowing the filing of the
application or has not made the determination within the time specified and action has already
been taken in compliance with the public prosecutor's opinion under paragraph three, the
matter shall become final and no action shall be taken against such person in respect of the
same asset unless there is obtained fresh and material evidence likely to prompt the Court to
give an order that the asset be vested in the State. In such case, where there is no claimant to
the restrained asset within two year from the date the Transaction Committee decided not to
file a petition or fails to issue the decision within the prescribed time limit, the Office shall
transfer the asset to the Fund and in the case where a claimant filed a petition under other law
which has longer than two years of limitation, the Office shall return the asset to the claimant.
If the asset is in the condition that can not be returned, instead, the money shall be paid from the Fund. If there is no claimant within twenty years, the asset shall fall into the Fund. Rules
and guidelines in custody and maintenance of asset or money that is yet to be claimed shall be
in accordance with the rules prescribed by the Board.27
Upon receipt of the application filed by the public prosecutor, the Court shall
order the notice thereof to be posted at that Court and the same shall be published for at least
two consecutive days in a newspaper widely distributed in the locality in order that the person
who may claim ownership or interest in the asset may file an application before the Court
gives an order. The Court shall also order the submission of a copy of the notice to the Secretary-General for posting it at the Office and at the Police Station where the asset is
located. If there is evidence that a particular person may claim ownership or interest in the
asset, the Secretary-General shall notify it to that person for the exercise of rights therein. The
notice shall be given by registered post requiring acknowledgement of its receipt and given to
such person's last recorded address.
In the case of paragraph one, if there is a reasonable ground to take such
action as to protect rights of the injured person in a predicate offence, the Secretary-General
shall refer the case to the competent official under the law which prescribes such offence in
order to proceed in accordance with that law for preliminary protection of the injured person's
         
27. Section 49 paragraph four amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)