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Submarine deal came under govt-to-govt purchase, not international treaty needing Parliament approval: Chaichan


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Submarine deal came under govt-to-govt purchase, not international treaty needing Parliament approval: Chaichan

By The Nation

 

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The government did not seek Parliament approval to procure the first submarine from China because at the stage of drafting an agreement, the Foreign Ministry determined the pact came under enforcement of Thai law, not an international legal treaty nor a contract under Section 23 of the Interim Constitution of the Kingdom of Thailand 2014, said Deputy Defence Minister General Chaichan Changmongkol.

 

His statement came after the Pheu Thai Party’s Maha Sarakham MP, Yutthapong Jaratsathien, brought up the controversial submarine issue during a general parliamentary debate yesterday (September 9).

 

Chaichan said the Navy signed a commercial contract for the submarine purchase under Section 178 of the current constitution, which has the same content as Article 23 of the interim constitution.

 

The reason for not requesting a full power of attorney when signing the agreement was due to a Cabinet resolution on July 2, 2013, which designated that the signing of a pact on behalf of a government agency with a foreign government agency without commitment under international law does not require the full power of attorney, and the authorised signatory of that agency can sign the agreement.

 

Chaichan said the Cabinet had given approval for the Navy commander to be its representative in signing the submarine agreement. On its part, China assigned its State Administration for Science, Technology and Industry for National Defence office (SASTIND), a unit directly under the Chinese government, to sign the agreement with the Thai side. SASTIND then authorised China Shipbuilding & Offshore International, which is a state enterprise, to proceed with the agreement.

 

Source: https://www.nationthailand.com/news/30394282

 

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-- © Copyright The Nation Thailand 2020-09-10
 
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What is it with these Thai G to G deals? I  remember the rice  price guarantee which left huge 

quantities of rice in Thai  warehouses - rescued by a timely  , massive , G to G deal with the Chinese -only it turned out the 

Chinese side was represented by   - a  tiny stationary company ! 

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4 hours ago, PatOngo said:

Cover your butts all you like, the bottom line is, there is little or no use for submarines and the whole thing is an exercise in greed! Thailand has much more pressing issues than submarines!

While i totally agree with your sentiments... the issue of pressing issues is a very subjective matter.

Men in uniforms don't always see the street view.

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News articles cite a government CONTRACT was signed with China to purchase 7 subs over a 7-year period with China providing  loans. After which each and every year the PM must request from the Parliament funds to cover that year's payments in accordance to the contract.

Governments do binding MOU's and purchase contracts with foreign governments. Such agreements bind the purchase terms, especially in the case of any change in either governments.

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Wouldn't;t it one nice if all government procurement followed the same rules.....ie get 3 bids all with the same T&C, have an anonymous panel evaluate each bid and issue a list of questions, get the answers back and have the panel review them, then pick the best supplier.

It seems that having multiple procedures for procurement is equivalent to having bio system at all. It might be a good idea if the supplier were to be paid by cheque instead of bundles of cash which seems to be the current preference.

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I have another thought not mentioned yet.  Can't you just imagine that Communist China would plant a 'Global' tracking system on the sub without Thailand knowing it.......

Just in case Thailand ever changes feelings and wants to distance itself from China...... Small chance of Thailand doing that now, but 

China would be thinking 'down the road, in the future.

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