Firms offering bribes 'also targeted'

[Lite Beer]

EXCLUSIVE INTERVIEW
Firms offering bribes 'also targeted'
Piyaporn Wongruang
The Sunday Nation

BANGKOK: -- AS the principal anti-graft agency, the National Anti-Corruption Commission (NACC) has realised the necessity of keeping pace with this worsening problem.

On July 10, the agency tightened its grip on corruption with promulgation of a third amendment of its anti-corruption law, which would inflict the harshest penalties not just on government officials, but all kinds of "state officials", foreign officials and even staff of foreign organisations found guilty of serious corruption.

NACC secretary-general Sansern Poljiak talked to The Sunday Nation's Piyaporn Wongruang about what else needs to be done to effectively tackle corruption, which has long been dubbed the country's "cancer".

HOW DID YOUR AGENCY DISCUSS THE NECESSITY OF PUTTING THIS AMENDMENT IN PLACE WITH OTHER AGENCIES BEFORE PUSHING IT AHEAD?

You must know that this amendment has followed our commitment to the United Nations Convention against Corruption (UNCAC), which Thailand signed in 2003 and ratified in 2011.

We never sat still, but tried to amend our law to strengthen our work, but lawmaking procedures were sluggish due to the dissolution of parliament several times as well as changes of governments. We had not been successful until the arrival of this government, which gives importance to anti-corruption.

So, we tried pushing the law again, which passed deliberation by the Council of State. We tabled it before the National Legislative Assembly, which later passed it for us.

Besides fulfilling the commitment that we have with the UN, we will from now on have a more effective tool to tackle corruption both within and outside the country.

WHAT ARE THE CRITICAL ESSENCES OF THIS LAW?

First and foremost, it determines guilt in regard to graft by foreign officials as well as personnel of foreign firms, and addresses the NACC's authority to investigate and assess their wrongdoing.

This is because corruption has grown complex and it now often involves trans-border criminal offences that tend to cause a lot of damage to the state. By amending the law, we can handle cases under the principle of dual criminality that allows us to ask for cooperation from foreign countries to proceed with legal action.

Secondly, it gives the NACC authority to investigate and deliberate private entities, as corruption involves both bribe takers and bribers. This also covers firms that are often found bribing state officials in big state projects and thus causing a lot of state damage. The law also sets penalties against corrupt firms with high-cost fines.

Apart from these changes, the law has also improved asset seizure procedures based on transformed values, in cases where assets were sold or transferred. The law also erases the statute of limitations on corruption cases, meaning the NACC can chase after wrongdoers and bring them to justice without time limits. And last but not least, the law will improve cooperation between the NACC and other anti-corruption related agencies both within and outside the country.

HOW HAS THE NACC IMPLEMENTED THIS LAW SINCE IT WAS PROMULGATED?

It's clear that the NACC from now on has more power to chase after wrongdoers in corruption cases following the increased authority given by this law. It can chase after them even if they have fled overseas or hidden their assets. More importantly, the NACC can now work on both bribe takers and bribers, thus completing its investigations as evidence often involves both sides.

The NACC has planned to issue some legislation in order for it to be able to enforce the law, such as legislation concerning asset seizures and protection, internal auditing notices against corruption for firms, and so on.

WITH THIS LAW, HOW DO YOU EXPECT ANTI-CORRUPTION MEASURES TO IMPROVE?

As I said, we hope the law will help improve cooperation between us and agencies both within and outside the country. We can now chase after transferred assets, as well as wrongdoers via such cooperation. We can chase after bribers from now on, including firms. More importantly, the statute of limitations is now gone under this law, which means we will have no deadlines as we proceed with legal action against corrupt people.

DO YOU HAVE ANY CONCERNS ABOUT IMPLEMENTING THE LAW? WHAT ARE THEY?

If any, it would be the knowledge of our personnel.

We have plans to improve their knowledge with some training courses on this new law. What also worries us is how to take care of seized assets before the court hands down a verdict.

I would like to stress here the public may be confused about the execution of penalties.

The penalties under our law are the same as those in Articles 149 and 201 of the Criminal Code.

We have not increased the penalties, we have only increased the rates of fines, which were changed from Bt2,000 to Bt4,000 in the Code to Bt100,000 to Bt400,00 in the new law.

YOU MAY HAVE ALL THESE, BUT DO WE NEED SOMETHING MORE? HOW SHOULD CORRUPTION ACTUALLY BE TACKLED?

Amending the law is actually one of several approaches to solve corruption. Corruption in Thailand is like a cancer, and it actually needs cooperation from all concerned, including the public. The work needs to be integrated so that the corruption problem can be suppressed to some extent.

Source: http://www.nationmultimedia.com/politics/Firms-offering-bribes-also-targeted-30266230.html

-- The Nation 2015-08-09

[BigBadGeordie]

Having read the whole article the last sentence gives a clear indication of how serious they are in killing this "cancer" that Thailand is suffering from.

"The work needs to be integrated so that the corruption problem CAN BE SUPPRESSED TO SOME EXTENT."

[noitom]

Thai nonsense about "tightening its grip" on corruption.

[smedly]

The only problem now is the NACC as an agency needs a massive boost in staff and funding in the short term to be effective, a dedicated powerful court system could also help, over time as corruption levels decrease these agencies and courts could be downsized to meet dropping demands, for now it remains a massive task to "investigate" "seize" and "convict" those responsible

[worgeordie]

"We have not increased the penalties, we have only increased the fines "

Until they really take corruption very seriously,and hand out some harsh

prison terms on the corrupt officials,and businessmen,nothing will change.

regards Worgeordie

[metisdead]

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[dageurreotype]

The only problem now is the NACC as an agency needs a massive boost in staff and funding in the short term to be effective, a dedicated powerful court system could also help, over time as corruption levels decrease these agencies and courts could be downsized to meet dropping demands, for now it remains a massive task to "investigate" "seize" and "convict" those responsible

Not really. I have an upcoming case where the defendants bribed a police captain and a local prosecutor, both of whom were 'transferred'. On receiving the list of charges against them, not one was the already on the statute 'bribing a government official', even though it's patently clear they did. These transfers are also mentioned in 'hushed tones'. They don't want to actually admit a Thai official was capable of any wrongdoing and apart from a paltry handful now being named with accompanying crowd pleasing fanfare, they never will. It's their laughable 'culture'.

[EricBerg]

So first companies are forced to pay bribes to officials in order to do their normal business. Getting a permit for f.i. a small expansion of the building for beter office space. Can take ages unless an official who suggests it can go faster is bribed. Next the company can be punished with a bg fine for bribing the guy. Worst case scenario for the official often seems to be a transfer. Means the person needs to spend some time building a new network of victims.

I am much much more relaxed since we sold our Thai business. Staff that bought the firm are facing similar now.

Neither in Holland nor in Germany we ever were confronted with corrupt officials. Lazy and to some extend malfunctioning yes... criminal no

[samjaidee]

"HOW HAS THE NACC IMPLEMENTED THIS LAW SINCE IT WAS PROMULGATED?

It's clear that the NACC from now on has more power to chase after wrongdoers in corruption cases following the increased authority given by this law. It can chase after them even if they have fled overseas or hidden their assets. More importantly, the NACC can now work on both bribe takers and bribers, thus completing its investigations as evidence often involves both sides.

The NACC has planned to issue some legislation in order for it to be able to enforce the law, such as legislation concerning asset seizures and protection, internal auditing notices against corruption for firms, and so on."

He completely forgot to answer the question. Politicians are the same the world over but Thais really do seem to take pride in their ability to obfuscate.

"from now on", "has planned", "it can chase", "can now work". Well at least that's clear. Now we can all be sure of what may happen in the future.

[elgordo38]

Thai nonsense about "tightening its grip" on corruption.

Corruption is a cancer? Oh Oh I wonder what the death rate will be or will the right amount of money buy you a cure.

[elgordo38]

A post in violation of the following has been removed:

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Oh Oh somebody stepped into some doggy dooo I hope it wasn't me.

[Baerboxer]

The only problem now is the NACC as an agency needs a massive boost in staff and funding in the short term to be effective, a dedicated powerful court system could also help, over time as corruption levels decrease these agencies and courts could be downsized to meet dropping demands, for now it remains a massive task to "investigate" "seize" and "convict" those responsible

Not really. I have an upcoming case where the defendants bribed a police captain and a local prosecutor, both of whom were 'transferred'. On receiving the list of charges against them, not one was the already on the statute 'bribing a government official', even though it's patently clear they did. These transfers are also mentioned in 'hushed tones'. They don't want to actually admit a Thai official was capable of any wrongdoing and apart from a paltry handful now being named with accompanying crowd pleasing fanfare, they never will. It's their laughable 'culture'.

You have an upcoming case - are you a lawyer or judge then?

[Baerboxer]

So first companies are forced to pay bribes to officials in order to do their normal business. Getting a permit for f.i. a small expansion of the building for beter office space. Can take ages unless an official who suggests it can go faster is bribed. Next the company can be punished with a bg fine for bribing the guy. Worst case scenario for the official often seems to be a transfer. Means the person needs to spend some time building a new network of victims.

I am much much more relaxed since we sold our Thai business. Staff that bought the firm are facing similar now.

Neither in Holland nor in Germany we ever were confronted with corrupt officials. Lazy and to some extend malfunctioning yes... criminal no

Dream on Eric. No corruption in the Netherlands and Germany?

Ask Siemens, they seem to have a wide experience for one.

There has certainly been prosecutions of public servants in various EU countries for malpractice and bribery in public procurement.

Nothing like the scale -width, depth and normality found in Asia but Europe is nowhere near corruption free.

Edited August 9, 2015 by Baerboxer

[Baerboxer]

The UK and US really strengthened their anit-bribery laws in 2014.

In the UK it's now a criminal offence to turn a blind eye and not reporting bribery if you know it's going on in your organization. Just knowing about now requires action by law.

I know many organizations who were very strict on employees receiving favors but were more liberal when it came to their sales staff doling them out. Wonder how they've handled the law changes.

[Jim walker]

Will need a few generations to stamp out corruption in Thailand as it is completely ingrained in society here, absolutely everyone who can fiddle a dishonest baht will do so without a second thought from the lowest of the low to the highest of the high. My starting point would be the police as people look up to them and need to be able to trust them not to now that they take a bribe.

[Puccini]

From the news article in the OP:

...inflict the harshest penalties not just on government officials, but all kinds of "state officials", foreign officials and even staff of foreign organisations found guilty of serious corruption.
...
...it determines guilt in regard to graft by foreign officials as well as personnel of foreign firms, and addresses the NACC's authority to investigate and assess their wrongdoing.
...

Does this mean firms and organisations, ie jusristic persons, registered outside Thailand and their employees.

[Puccini]

Another excerpt from the news article in the OP:

Amending the law is actually one of several approaches to solve corruption. Corruption in Thailand is like a cancer, and it actually needs cooperation from all concerned, including the public. The work needs to be integrated so that the corruption problem can be suppressed to some extent.

Nothing wrong with corruption, but please not too much of it. Let us us reduce it a little. Is this the message?

[wabothai]

Firms don't offer bribes.

They are people offering bribes.

Government consists of people doing things.

[Srikcir]

The NACC better increase its english-speaking staff if it wants to pursue transnational bribers.

I look forward to NACC investigating and prosecuting potential Chinese companies. We'll see just how independent Thailand is from China in the pursuit of justice.

[FredNL]

Just try to import some good wines from Italy. If you don't pay any teamoney the shipment won't arrive or all the bottles are smashed. (fallen of a truck and then ran over by 10 trucks or so)

Corrupt officials protecting some other's business.

[Laughing Gravy]

I will give the NACC a little help in finding some 'firms'. Look at home first! The customs would be a great place to start and woul keep them busy for years. Then look at other government organisations, landregistry etc. Yes the brown envelopes under the table is not a given right. It is called corruption.

[mmh8]

is ist worth asking how much of a bribe is acceptable? what is the going rate?