In executing the duties under this Section, the Screening Committee Members shall be considered officials under the Criminal Code.
The determination of the time frame, criteria, procedures and conditions of the selection of the ERC Commissioners shall comply with the stipulations announced by the Minister.
Apart from the qualifications and disqualifications under Section 13, an ERC Commissioner:
(1) shall not be a civil servant with an assigned post or a regular monthly salary;
(2) shall not be a staff member or employee of a government agency or a local government affairs bureau, or a board member of or an advisor to a government agency that holds a business in or operates a business in the energy industry, and the spouse of that person shall not be a board member of or an advisor to a government agency that holds a business in or operates a business in the energy industry;
(3) shall not hold any position or be a partner of a partnership company or a shareholder in a company or an organization, holding a business in or operating the energy industry, and this shall mean to include the spouse and any children who have not reached maturity of that ERC Commissioner; and
(4) shall not undertake any occupation or profession that has a stake or conflict of interests, either directly or indirectly, with the execution of duties as an ERC Commissioner.
In submitting the names of the selected persons to the cabinet under Section 15 (2), the disqualifications of an ERC Commissioner under Clause one hereof shall be presented at the same time. When the cabinet has considered and approved a person who is a person under (1), (2), (3) or (4), the Prime Minister shall present his name to His Majesty the King for his gracious appointment only after the person has divested himself of the status specified under (1), (2) or (3) or has shown acceptable evidence that he has quit the occupation or profession under (4) within 15 days as from the date on which the cabinet has granted the approval. If that person does not resign or quit his occupation or profession within the specified period of time, he shall be considered as never having been nominated ERC Commissioner. The selection of an alternative person shall be made.
The ERC Commissioners shall hold office for a term of six years as from the date of appointment by His Majesty the King and shall be in office only for one term.
At the initial term, after three years’ time, three (3) of the ERC Commissioners shall be discharged from office by drawing a lottery; such a discharge shall be regarded as the completion of the office term.
The discharged ERC Commissioners, by completion of the office term or by lottery drawing, shall continue performing their duties until new ERC Commissioners are appointed.
The selection of a new set of the ERC Commissioners, pursuant to Section 15, shall be made in advance, as deemed appropriate, in order that they are in place to take over the duties once the outgoing ERC Commissioners complete their office term.
The Prime Minister shall present the names of the nominated ERC Commissioners to His Majesty the King for his gracious appointment.
When His Majesty the King has graciously appointed the ERC, the duty of the Screening Committee shall be terminated.
Apart from vacating office upon completion of the term, an ERC Commissioner shall vacate office upon:
(2) having attained the age of 70;
(4) lack of qualifications or having any disqualification under Section 13;
(5) having committed an act in violation of Section 16;
(6) the cabinet has passed a resolution to remove the ERC Commissioner from his office on the grounds of misconduct, negligence, dishonesty or incompetence.
When an ERC Commissioner vacates office prior to the completion of the term, the selection and appointment of an ERC Commissioner to fill the vacancy shall be made according to Section 15, and the remaining Commissioners shall be able to continue performing their duties. The ERC shall be regarded as comprising the remaining Commissioners, except for the case where the remaining Commissioners are less than four (4) persons.
In the event that the Chairman of the ERC vacates office under Clause one hereof, the ERC shall hold a meeting to elect one among themselves as Chairman and inform the Prime Minister, who shall present the nomination to His Majesty the King for his gracious appointment as Chairman of the ERC.
Within two years after having vacated office, an ex-ERC Commissioner shall be prohibited from undertaking a career or professional practice that brings about money or any other privilege/benefit from a juristic entity undertaking an energy industry business.
The provision of Clause one hereof shall also apply to a juristic entity with the following characteristics:
(1) any other juristic entity that is a shareholder or a partner, holding no less than 25% of the shares in the juristic entity under Clause one hereof;
(2) any other juristic entity that is a shareholder or a partner, holding no less than 25% of the shares in the juristic entity under (1); and
(3) any other juristic entity that is a shareholder or a partner, holding no less than 25% of the shares in the juristic entity under (2).
The provisions of Clause one and Clause two hereof shall also apply to the board members of and advisors to the said juristic entities.
Within the period of time specified under Section 20, the ERC Commissioners shall be prohibited from holding shares of the juristic entities under Section 20, except that the shareholding of such juristic entities is acquired via purchase in the stock market, within the amount specified by the Counter Corruption Commission.
At any meeting of the ERC, attendance of no less than half of the existing ERC Commissioners shall be required to constitute a quorum.
The ERC Chairman shall preside over the meeting. In the event that the Chairman does not attend or is absent from the meeting or cannot perform his duties, the ERC Commissioners present shall elect one among themselves to preside over the meeting.
The decision of the meeting shall be made by a majority of votes. Each ERC Commissioner has one vote. In case of an equality of votes, the person who presides over the meeting shall have an additional vote as a casting vote.
The ERC Chairman and the ERC Commissioners shall be considered as high ranking state officers under the constitutional law on counter corruption.
The ERC shall have the authority to appoint a sub-committee or a person to deliberate any matter or to carry out any task as entrusted by the ERC.
The procedures for executing the duties of the assigned sub-committee or person shall be in line with those stipulated by the ERC.
In the execution of their duty, the ERC, the sub-committee and the person appointed by the ERC under Section 24 shall have the authority to request a government agency or any person to furnish facts in writing, to be present to provide explanations, or to send relevant documents and evidence for deliberation.