Translation:Announcement of the Council for Democratic Reform No 23
Volume 123, Issue 105A
Royal Gazette
3 October 2549
Announcement of the Council for Democratic Reform
No 23
Re: Scrutiny of property
Whereas there appear to be proper reasons to suspect that the public administration of the State by the Cabinet removed from office as a result of the Democratic Reform involved wrongful exercise of powers and duties with a view to seeking benefits for oneself and others, thereby bringing about severe damage to the Country, it is appropriate to scrutinise all the activities and projects endorsed or approved by the said Cabinet or its members so as to ensure whether or not they took place in an honest manner. Therefore, the Council for Democratic Reform announces as follows:
Article1.There shall be a Scrutiny Committee composed of—
| (1) | Nai Sawat Chotiphanit | as President; | ||
| (2) | the State Auditor General | as Member; | ||
| (3) | the Attorney General or his representative | as Member; | ||
| (4) | the Secretary General of the National Anti-Corruption Commission or his representative | as Member; | ||
| (5) | the Secretary General of the Anti-Money Laundering Commission or his representative | as Member; | ||
| (6) | the Judge Advocate General or his representative | as Member; | ||
| (7) | the Governor of the Bank of Thailand or his representative | as Member; | ||
| (8) | the Secretary General of the Securities and Exchange Commission or his representative | as Member. |
The Scrutiny Committee shall appoint one Secretary and appoint Assistant Secretaries as necessary.
The State Audit Office shall be responsible for administrative works of the Scrutiny Committee and shall carry out the duties assigned by the Scrutiny Committee.
Article2.The Scrutiny Committee shall have the power and duty to scrutinise the activities or projects endorsed or approved by the Cabinet removed from office as a result of the Democratic Reform or by its members so as to ensure whether or not they took place in an honest manner. In the event that it is found that reliable evidence shows dishonesty or misconduct as to any activity or project and circumstances show any person involved in such dishonesty or misconduct or having gained unusual wealth or unusual increase of property, the Scrutiny Committee shall have the power to order provisional seizure or sequestration of the relevant property of such person and his or her spouse and children who have not yet attained majority.
For the purposes of the execution of this Announcement, the Scrutiny Committee shall have the powers under the following laws in addition to the powers under paragraph 1:
(1)the Anti-Money Laundering Act, 2542 BE, in respect of which the Scrutiny Committee shall exercise the powers of the Anti-Money Laundering Commission and the Transactions Commission;
(2)the Organic Act on Anti-Corruption, 2542 BE, in respect of which the Scrutiny Committee shall exercise the powers of the National Anti-Corruption Commission;
(3)the Revenue Code, in respect of which the Scrutiny Committee shall exercise the powers of the Director General of the Revenue Department only when dealing with the seizure, sequestration, and auctioning of property.
In executing paragraphs 1 and 2, the Scrutiny Committee may take inquiry or scrutiny files from the State Audit Office into account and use them in whole or in part as scrutiny files of the Scrutiny Committee. In the event that an identical matter is pending before the National Anti-Corruption Commission, Anti-Money Laundering Commission, or Transactions Commission, [the Committee] shall coordinate [with the Commission] in order to proceed with [the matter] as proper for the circumstances.
Article3.The Scrutiny Committee shall notify the name of the person under article 2 to financial institutions, the Office of the Securities and Exchange Commission, the Land Department, the Revenue Department, and other relevant agencies, as well as the possessors of property, documents, or evidence relating to the property of such person, and require the agencies or persons concerned to notify the Scrutiny Committee of information relating to the relevant property, tax payments, and property-related transactions of the person under article 2 and his or her spouse and children who have not yet attained majority, subject to the time limit and procedure designated by the Scrutiny Committee.
In carrying out the duty under paragraph 1, the Office of the Securities and Exchange Commission shall have the power to order securities companies to send information and documents to the Office of the Securities and Exchange Commission to further be notified to the Scrutiny Committee.
Article4.In the event that a person whose property has been seized or sequestered by virtue of article 2 fails to give notice of the information under article 3, fails to deliver the seized property, or removes or disposes of the sequestered property, the said property shall be deemed to have been obtained wrongfully and shall constitute unusual wealth or unusually increased property.
In the event that any of the agencies or persons under paragraph 3 fails to do as required by the Scrutiny Committee by virtue of article 3 and damage arises out of such failure, the said agency or person shall be liable for the arisen damage.
Article5.As for the property seized or sequestered by virtue of article 2, if its owner successfully proves before the Scrutiny Committee within the period of time designated by the Scrutiny Committee that he or she is its true owner and it has not been obtained through the commission of an offence or is not related to unusual wealth or unusual increase of property, the Scrutiny Committee shall have the power to order revocation of its seizure or sequestration.
Article6.In the event that the Scrutiny Committee has resolved to hold any holder of a political position or any person to have committed an offence in office or corruption in office or to have gained unusual wealth, it shall send reports, documents, and evidence, as well as its opinion, to the Attorney General in order for the Attorney General to carry out further proceedings according to the Organic Act on Criminal Procedure for Holders of Political Positions, 2542 BE, in respect of which the resolution of the Scrutiny Committee shall be deemed to be a resolution of the National Anti-Corruption Commission.
Article7.In carrying out the duties under this Announcement, the Scrutiny Committee shall have the power to establish subcommittees to carry out actions as assigned.
Article8.The Scrutiny Committee shall finish executing this Announcement within one year from the effective day of this Announcement.
Upon expiry of the time limit under paragraph 1, if the scrutiny of or inquiry into any matter is still not finished, the Scrutiny Committee shall hand its files over to the Office of the National Anti-Corruption Commission, the Anti-Money Laundering Commission, and the State Audit Office to be proceeded with by them by virtue of their powers and duties, as the case may be.
Announced on the 24th day of September 2549 Buddhist Era
General Sonthi Boonyaratglin
Chief of the Council for Democratic Reform
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