CDRM's Orders Asset Investigation Committee

[Jai Dee]

The CDRM's order establishing an asset investigation committee

The 23rd statement of the Council for Democratic Reform under Constitutional Monarchy (CDRM)

The previous administration was terminated on suspicion of abusing its power for its members' or groups' personal interests, causing great damage to the country. The CDRM therefore issued an order for asset investigation as follows:

(1) An asset-investigation committee will include:

1. Sawat Chotepanit as chairman

2. The Auditor-General as a committee member

3. The Attorney-General or representative as a committee member

4. The secretary-general of the National Counter-Corruption Commission (NCCC) or representative as a committee member

5. The secretary-general of the Anti-Money Laundering Office (AMLO) or representative as a committee member

6. The Judge Advocate-General or representative as a committee member

7. The Bank of Thailand governor or representative as a committee member

8. The secretary-general of the Securities and Exchange Commission (SEC) or representative as a committee member

The Office of the Auditor-General (OAG) was assigned to do administrative tasks and any jobs assigned by the committee.

(2) When the committee finds any projects with evidence of a lack of transparency, or any people involved in corruption or becoming unusually wealthy, the committee is authorised to seize or freeze their assets, including the assets of their spouses and immature children.

To allow the committee to investigate, the asset-investigation committee is also authorised according to the following laws:

1. The 1999 Anti-Money Laundering Act

2. The 1999 National Counter-Corruption Act

3. The Code of Revenue, by authorising the committee with the Revenue Department director-general's authority in seizing, suspending and bringing the assets to auctions.

The investigation committee can ask for and use all or part of the investigation results of the OAG. It can also ask for cooperation from the NCCC, AMLO or the administration office.

(3) The investigation committee can give the names of people believed to have acted wrongfully, and those of their spouses and immature children, to monetary institutions, the SEC, Land Department, Revenue Department and related agencies, as well as the holders of their assets or relevant documents, and call for information about their business transactions.

The SEC is authorised to order security firms to give such information to the SEC and the investigation committee.

(4) In the case of people whose assets are seized or suspended according to (2), or fail to give information as (3) or decline to turn in assets to the investigation committee or transfer the suspended assets, the assets could be considered illegal.

Agencies failing to cooperate according to (3) must be responsible for any damage caused by not cooperating.

(5) The investigation committee is authorised to cancel the seizure of assets or suspension in cases when people can prove being the real owner of the assets and acquiring assets legally.

(6) In cases where the investigation committee concludes the people under suspicion had committed wrongful conduct or malfeasance, the committee must report and send its comment to the Attorney-General to take legal action according to the National Counter-Corruption Act and related laws.

(7) The committee is authorised to appoint a sub-committee to accomplish its work.

(8) The committee is assigned to accomplish its work within one year of this statement. After one year, it must pass unfinished cases to the AMLO, NCCC and OAG to finish the cases as appropriate.

Announced on September 24, 2006

General Sonthi Boonyaratglin

Chairman of the Council for Democratic Reform under Constitutional Monarchy

Source: The Nation - 26 September 2006

[Jai Dee]

The CDRM's 23rd announcement on the inspection of properties

For the reason that the Cabinet has been dismissed from their administration due to the order of the Council of Democratic Reform under the Constitutional Monarchy (CDRM), people may be suspicious of the authority, which can be misused and exploited for certain individuals’ benefits. The result can be devastating to the nation, and it is very appropriate for a board to be set up to inspect the impartiality of various projects that have been approved or endorsed by the members of the Cabinet. The CDRM has therefore issued eight orders as follows:

The first order:

An inspection board will be established and it comprises:

1. Mr. Sawat Chotepanich as the Chairperson

2. The Auditor-General as the Committee

3. The Attorney-General, or his/her representative, as the Committee

4. The National Counter Corruption Commission Secretary-General, or his/her representative, as the Committee

5. The Anti-Money Laundering Office Secretary-General, or his/her representative, as the Committee

6. The Judge Advocate General, or his/her representative, as the Committee

7. The Bank of Thailand Governor, or his/her representative, as the Committee

8. The Office of the Securities and Exchange Commission Secretary-General, or his/her representative, as the Committee

This inspection board will appoint a secretary and a deputy secretary if needed. The Office of the Auditor General will be responsible in the administrative tasks of the board. The office will perform the orders given by the board.

The second order:

The inspection board has been empowered to inspect the impartiality of the works and projects that have been approved or endorsed by the members of the Cabinet or those who have been discharged by the CDRM. The board will examine those who may be involved in corruption and the ones who are unusually wealthy. The board has the power to confiscate the illegitimate properties of the violators as well as their spouses and children initially.

In order for the inspection board to work effectively, it has the authority to exercise the following laws:

1. The Anti-Money Laundering Act of the year 1999. The authority of the Anti-Money Laundering and Transactions commissions will be given to the board.

2. The Constitution Act of Countering Corruption of the year 1999. The board has been empowered to exercise the National Counter Corruption Commission’s command.

3. The Code of Revenue: The inspection board can exercise the Revenue Department’s power to confiscate, seize and auction.

The inspection board is able to summon the cases and investigations of the Office of the Auditor-General for further deliberation, if necessary.

The third order:

Referring to the second order, the inspection board will have to submit the names of the individuals to the Office of the Securities and Exchange Commission, the Land Department, the Revenue Department, and other relevant agencies as well as people who possess properties and their respective evidences.

The Office of the Securities and Exchange Commission has the authority to order the securities companies to submit various information and documents to the office for inspection purposes. In addition, the companies are prohibited to apply the law of disclosing the information.

The fourth order:

The possessions of individuals under the second order, who fail to inform the officials as referred to the third order or fail to hand over such assets, will be deemed illegitimate. The individuals will be considered to illegally possess the assets through unusual wealth.

The fifth order:

The people whose possessions have been confiscated have to prove within a given timeframe of the inspection board that they have acquired those possessions rightfully and legitimately.

The sixth order:

If the inspection board has a resolution that certain politician has been involved in corruption or is unusually wealthy, it has to submit the report and evidence, as well as the Attorney-General’s thought of the matter. The resolution of the inspection board is equivalent to the resolution of the National Counter Corruption Commission.

The seventh order:

Following this declaration, the inspection board has the power to set up a sub-committee to perform its duties.

The eighth order:

The inspection board can carry out the aforementioned responsibilities from today (September 25th) onwards. Once a term is due and the inspection has not been completed, it has to submit the cases to the National Counter Corruption Commission, the Anti-Money Laundering Office and the Office of the Auditor-General for further implementation.

Source: Thai National News Bureau Public Relations Department - 26 September 2006