Translation:Prevention and Suppression of Terrorism Financing Act, 2556 BE
Volume 130Issue 11A
Royal Gazette
1 February 2556
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Prevention and Suppression of Terrorism Financing
Act,
2556 BE
Bhumibol Adulyadej R
Given on the 1st day of February 2556 BE
Being the 68th year of the present reign
His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:
Whereas it is appropriate to have a law on prevention and suppression of terrorism financing;
This Act contains certain provisions relating to the restriction of personal rights and freedoms, which section 29, in conjunction with sections 33, 35, 36, 41, and 43, of the Constitution of the Kingdom of Thailand permits to be done through the powers under legal provisions;
Therefore, by and with the advice and consent of the National Legislative Assembly, He is graciously pleased to enact the following Act:
Section1.This Act is called the Prevention and Suppression of Terrorism Financing Act, 2556 BE.
Section2.This Act shall enter into operation from the day following the day of in the Royal Gazette onwards.
Section3.In this Act—
“property” refers to money, things, or incorporeal objects which may be of value and capable of being appropriated, including fruits thereof and legal documents or instruments in whatever forms, whether available on any medium, on paper, or in an electronic form, which bears evidence of an ownership, right of possession, claim, or any other benefit over such property;
“terrorism” refers to acts which constitute an offence relating to terrorism according to the Criminal Code or acts which constitute an offence under a law that falls within the scope of an international convention or protocol relating to terrorism which Thailand is a party to or has acknowledged, whether those acts are committed inside the Kingdom or outside the Kingdom;
“designated person” refers to a person, group of persons, juristic person, or organisation named on a list of terrorists established by a resolution of or announcement issued under the United Nations Security Council, or a person, group of persons, juristic person, or organisation named on a list of designated persons under this Act by a court order following a trial;
“person having the duty to report” refers to a person who has the duty to report transactions according to the law on prevention and suppression of money laundering;
“suspension of a property-related activity” refers to prohibition of transfer, sale, removal, or disposal of property, or of transformation of, utilisation of, or conduct of any action upon property which would cause a change in its amount, value, volume, location, or nature;
“Committee” refers to the Anti-Money Laundering Committee under the law on prevention and suppression of money laundering;
“Transactional Committee” refers to the Transactional Committee under the law on prevention and suppression of money laundering;
“Office” refers to the Anti-Money Laundering Office.
Section4.In the event that a resolution of or announcement issued under the United Nations Security Council names any person, group of persons, juristic person, or organisation as a terrorist, the Office shall submit the mentioned name to the Minister of Justice for issuance of an order announcing the named as a designated person without delay, subject to the criteria and procedures designated in a ministerial statute.
The name of the designated person under paragraph 1 shall be removed upon a resolution of or announcement made under the United Nations Security Council resulting in removal of his name from the list of designated persons.
Section5.In the event that there is a reason to suspect that any person is shown by circumstances to relate to terrorism or terrorism financing, or to be acting on behalf of, on the orders of, or under the control of that person,[1] the Office shall, with the approval of the Transactional Committee, consider submitting his name to a public prosecutor, who shall consider filing an ex parte application with the court, requesting it to give an order naming him a designated person. And if evidence supporting the following belief is known to the court, the court shall give the order requested:
(1)such person is shown by circumstances to relate to terrorism or terrorism financing; or
(2)such person is acting on behalf of, on the orders of, or under the control of a designated person under (1) or section 4.
In this respect, the circumstances showing relationship with terrorism or terrorism financing or the acting on behalf, on orders, or under control as described in paragraph 1 must exist on the day the court gives the order naming the person in question a designated person.
The Office shall review the naming of the designated person under paragraph 1. If it finds that the circumstances have changed, it shall, with the approval of the Transactional Committee, consider referring the matter to a public prosecutor, who shall consider filing an ex parte application with the court, requesting it to give an order removing his name from the list of designated persons.
The criteria and procedures for the conduct of consideration by the Office and the Transactional Committee according to paragraphs 1 and 3 shall be set forth in a ministerial statute, which, when dealing with the conduct of consideration by the Office, shall provide for establishment by the Office of a committee to consider the list before referring the matter to the Transactional Committee for consideration and approval.
The Office, Transactional Committee, public prosecutor, and court shall carry out proceedings according to this section without delay.
Section6.The Office shall announce the names of the designated persons under sections 4 and 5 and shall notify them, persons having the duty to report, or persons possessing their property to do as follows without delay:
(1)to suspend the property-related activities of the designated persons or of the persons acting on their behalf, on their orders, or under their control;
(2)to notify the Office of information relating to the property under the suspension of activities;
(3)to notify the Office of the persons who are or used to be their clients and are named on the list of designated persons, or the persons who transact or used to transact with them.
The criteria and procedures for announcement and notification of the names under paragraph 1 and the observance of (1), (2), and (3) shall be as set forth in the regulations announced and established by the Committee.
The persons having the duty to report shall establish any policy on risk assessment or guideline for prevention of terrorism financing, or any other necessary measures for execution of this Act, subject to the criteria and procedures announced and established by the Committee.
Section7.Safekeeping and management of property following suspension of a property-related activity shall be governed by the regulations announced and established by the Committee.
Section8.A person who has observed section 6 in good faith shall not be held liable, even for the injury he has caused to anyone, save where his serious negligence is successfully proven.
Section9.A designated person according to section 5 or a person subjected to the suspension of property-related activities according to section 6 due to being a designated person under section 5 may file the following motions with the court for its consideration:
(1)requesting removal of his name from the list of designated persons;
(2)requesting revocation of the suspension of property-related activities;
(3)requesting an order permitting the carrying out of any activity relating to the property subjected to the suspension of property-related activities.
In the event that the permitting order under (3) is given, the court may designate any necessary conditions for prevention of the use of the property for terrorism financing. And if facts show that the mentioned permission may enable the use of the property for terrorism financing, the court may designate any conditions additionally or may revoke the permission.
Section10.Any other person than the designated person under section 4 or 5 may file a motion with the court for an order permitting the following:
(1)payment of a debt due to a person subjected to the suspension of property-related activities according to section 6, when the contract or obligation was concluded or came into existence before the day the account in question is subjected to the suspension of property-related activities;
(2)payment of an interest or fruit, when it is necessary to pay money into an account of a person subjected to the suspension of property-related activities according to section 6;
(3)payment of a debt which is required by a final judgment of a court to be paid by a person subjected to the suspension of property-related activities according to section 6 due to being a designated person under section 5;
(4)carrying out of any activity relating to the property subjected to the suspension of property-related activities due to being a designated person under section 5.
Section11.The judicial proceedings according to sections 5, 9, and 10 shall be instituted before the Civil Court and the Civil Procedure Code shall apply mutatis mutandis.
Section12.For the purpose of executing this Act, the Committee shall have the following powers and duties:
(1)to establish criteria, regulations, and announcements in accordance with this Act;
(2)to establish guidelines for supervising, scrutinising, following up, and assessing the performance in accordance with this Act;
(3)to establish necessary guidelines and practices for the observance of this Act by the persons having the duty to report or any other persons;
(4)to follow up and assess the execution of this Act.
Section13.For the purpose of executing this Act, the Office shall have the following powers and duties:
(1)to provide advice or explain guidelines or practices to those who have the duty to execute this Act;
(2)to follow up, assess, scrutinise, and supervise the observance of this Act, and to prosecute those who contravene or fail to observe the provisions of this Act;
(3)to receive or send reports or information of benefit to the execution of this Act or other law;
(4)to collect information and evidence for the carrying out of proceedings in relation to seizure, attachment, or confiscation of property according to this Act or other law.
Section14.Whoever contravenes or fails to observe section 6(1) or (2) shall be punished with imprisonment of not over three years, or a fine of not over three hundred thousand baht, or both the imprisonment and the fine.
Any person having the duty to report who contravenes or fails to observe section 6(1) or (2) shall be punished with a fine of not over one million thousand baht and a fine of ten thousand baht per day throughout the period of contravention or until he correctly observes it.
In the event that the offence under paragraph 1 is caused by an order or act of any person or by the failure by any director, manager, or person responsible for the operation of a juristic person to give an order or carry out an act which he has the duty to do, the mentioned person shall be punished with imprisonment of not over three years, or a fine of not over three hundred thousand baht, or both the imprisonment and the fine.
Section15.Any person having the duty to report who contravenes or fails to observe section 6(3) shall be punished with a fine of not over five hundred thousand baht and a fine of five thousand baht per day throughout the period of contravention or until he correctly observes it.
In the event that the offence under paragraph 1 is caused by an order or act of any person or by the failure by any director, manager, or person responsible for the operation of a juristic person to give an order or carry out an act which he has the duty to do, the mentioned person shall be punished with imprisonment of not over one year, or a fine of not over one hundred thousand baht, or both the imprisonment and the fine.
Section16.Whoever procures, collects, or carries out an activity relating to money or property, or carries out any kind of activity, with the knowledge that the person benefited by such money, property, or activity is a designated person, or with the intention to have such money, property, or activity utilised in support of any activity of a designated person or of a person or organisation relating to terrorism, thereby commits an offence of terrorism financing, for which he shall be punished with imprisonment from two years to ten years, and a fine from forty thousand baht to two hundred thousand baht, or both the imprisonment and the fine.
Whoever aids, abets, or conspires the commission of the offence under paragraph 1 shall be punished in the same manner as the principal therein.
Whoever attempts to commit the offence under paragraph 1 shall be punished with three fourths of the penalty designated therefor.
Any juristic person who commits the offence under paragraph 1, 2, or 3 shall be punished with a fine from five hundred thousand baht to two million baht.
In the event that the offence of the juristic person according to paragraph 4 is caused by an order or act of any person or by the failure by any director, manager, or person legally empowered to operate the juristic person, the mentioned person shall be punished with imprisonment from two years to ten years, or a fine from forty thousand baht to two hundred thousand baht, or both the imprisonment and the fine.
The offences under this section shall be predicate offences under the law on prevention and suppression of money laundering.
Section17.The Prime Minister shall be in charge of the implementation of this Act and shall have the power to issue ministerial statutes for the execution of this Act.
Those ministerial statutes shall enter into operation upon publication in the Royal Gazette.
Countersignature
Yingluck Shinawatra
Prime Minister
Note: The grounds for promulgation of this Act are as follows: At present, offences relating to terrorism have greatly affected the security of various countries. Even though Thailand has criminalised offences of terrorism in the Criminal Code and designate them as predicate offences under the law on prevention and suppression of money laundering, there is still no measure for prevention and suppression of terrorism financing and access by terrorists to funds. Accordingly, it is necessary to establish measures for prevention and suppression of the described matters by creating a list of designated persons, suspending property-related activities of persons named on the list of designated persons, requiring the persons having the duty to report transactions according to the law on prevention and suppression of money laundering to suspend property-related activities of persons named on the list of designated persons, establishing powers and duties for the Anti-Money Laundering Committee and the Anti-Money Laundering Office in accordance with the duties in the aforementioned matters, and establishing penalties for contravention of or failure to observe this Act, so that the carrying out of work be in an effective manner and in harmony with the international standards governing the cooperation on prevention and suppression of any terrorist acts, which include the provision of support in forms of money, property, or others with the intention to be used in terrorism. It is therefore necessary to enact this Act.
- ↑ Possibly a typographical error for “a designated person”. (Wikisource contributor note)
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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