New anti-graft law to punish private sector for bribing govt officials

[webfact]

New anti-graft law to punish private sector for bribing govt officials



BANGKOK, 25 July 2016 (NNT) - The National Anti-Corruption Commission (NACC) said that Thailand's anti-graft law now penalizes any private company for bribing government officials, in the hopes of preserving the integrity of government procurement.

Speaking on the television program 'Thailand Moves Forward,' NACC Chairman Police General Watcharapol Prasarnrajkit said the law was introduced last year in order to comply with the United Nations Convention Against Corruption and to receive cooperation from the private sector.

Since the law went into effect, a number of investigations have been opened against private corporations suspected of bribing public officials to secure government contracts. The NACC Chairman argued that law-abiding companies will benefit from eliminating bribes, which add to the cost of doing business.

Police General Watcharapol also cited the need for Thailand to improve its legal system, which he contends is outdated and time consuming.

-- NNT 2016-07-25

[EricBerg]

Let me get this straight: First the government officials force companies to pay bribes, then they make the companies pay again as punishment for having paid the first time. Yep, TiT...

[seajae]

this is a total farce, government officers are making legal companies pay them to do their legal business with the threat of costing them huge amounts of money if they are not paid yet now the govt is threatening the same businesses if they do pay the blackmail money, wouldnt it be easier to simply arrest all the corrupt govt people so the businesses can not be blackmailed. When you have govt people openly threatening to shut your business down if they are not paid what are you supposed to do, govt jobs are highly sort after due entirely to the amount of extra money that can be accrued through them, you do not have to look all that hard to see low paid govt employees with huge houses, new cars etc, the police force alone is one of the worst for it. This will not improve till there is a govt in place that is more interested in making Thailand a great country rather than simply lining their pockets, having the balls to actually arrest and jail all the govt employees that are forcing people to pay them to do their jobs would also help, corruption is just too rife here now and none want to end it because they also would be effected.

[nausea]

Ah, I think the key phrase is "was introduced ... to comply with the United Nations ...".

[jerojero]

I'm sure the private companies are not paying bribes because they want to. Punish the damn government officials who demand the bribes!

[Brer Fox]

Police General Watcharapol Prasarnrajkit seems to have forgotten to say anything about the solicitation of bribes by government officials. Presumably he naively believes they are all morally pure and incorruptible.

Any honest person with any sense should always carry a concealed tape recorder when negotiating business with government personnel.

[candide]

I'm sure the private companies are not paying bribes because they want to. Punish the damn government officials who demand the bribes!

They cannot do it because bureaucrats constitue one of the main popular support of the political faction currently in power. Remember how Suthep was warmly welcomed in various ministries, administrations and by bureaucrats' trade unions.

[waldroj]

"...Watcharapol also cited the need for Thailand to improve its legal system, which he contends is outdated and time consuming...".

Careful general, don't get these guys offside, this could be construed as being defamatory under Section 326 of your Criminal Code (unless you said it in Good Faith)!

[Lupatria]

Time for the private sector to create their own "inactive post" system...

[craigt3365]

Worth reading. How Singapore tackled corruption. Tough laws like this were part of the equation.

http://www.businessinsider.com/why-china-should-study-singapores-anti-corruption-strategy-2012-12

Quah contends that there are four 'lessons' that can be learned by other Asian countries from Singapore's example:

1. Political will is the key ingredient for success
2. The anti-corruption agency must be independent from the police and political control
3. The anti-corruption agency must be incorruptible
4. Minimize corruption by tackling its major sources: low salaries, ample opportunities, and poor policing

[Baerboxer]

I'm sure the private companies are not paying bribes because they want to. Punish the damn government officials who demand the bribes!

The UK and US have similar legislation - and both beefed it up in 2014. Yet still there are corruption cases involving public expenditure in both.

Siemens were caught bribing in Asia, claiming "it was local market conditions" 555.

Many sales people provide regular hospitality, sports tickets, holidays, gifts and all sort of little perks to their customers - usually the ones they've identified as decision makers, key supporters or having significant influence.

Remember once right in the middle of a multi million pound tender one of the evaluating committee allowed himself to be taken to an international cricket test between England and his native country. Wined and dined as a VIP, meet the players etc etc . Only know because he phoned me on his way home. Dope. Most organizations have strict internal rules about such behavior. Let only giving a bung of 20-30%.

[Eric Loh]

There is already a bribery law in existence for a long time. The Thai Criminal Code criminalized both active and passive bribery and the punishment can be imprisonment up to 5 years or a heavy fine or both. The Code includes offering of bribes to a policement or a government official.

Plus under Section 148 of the same criminal code, the potential sentence for a conviction can be imprisonment for 5 to 20 years or even life imprisonment. Many sections in the Code deal extensively with bribery.

Why the need for new graft laws. Perhaps the announcement has a nice ring and resonate with the junta's reason for the coup. We all know the problem is not inadequate law but lacking in strong non partisan enforcement.

[elgordo38]

this is a total farce, government officers are making legal companies pay them to do their legal business with the threat of costing them huge amounts of money if they are not paid yet now the govt is threatening the same businesses if they do pay the blackmail money, wouldnt it be easier to simply arrest all the corrupt govt people so the businesses can not be blackmailed. When you have govt people openly threatening to shut your business down if they are not paid what are you supposed to do, govt jobs are highly sort after due entirely to the amount of extra money that can be accrued through them, you do not have to look all that hard to see low paid govt employees with huge houses, new cars etc, the police force alone is one of the worst for it. This will not improve till there is a govt in place that is more interested in making Thailand a great country rather than simply lining their pockets, having the balls to actually arrest and jail all the govt employees that are forcing people to pay them to do their jobs would also help, corruption is just too rife here now and none want to end it because they also would be effected.

If they arrest all the corrupt government officials might business come to a standstill??

[ramrod711]

Police General Watcharapol also cited the need for Thailand to improve its legal system, which he contends is outdated and time consuming.

I think "time consuming" is a bit of an understatement, everybody gets a postponement and the police have no time to investigate anything because they have to do their re-enactments so they can all be on television, and I do mean all.

[ramrod711]

I'm sure the private companies are not paying bribes because they want to. Punish the damn government officials who demand the bribes!

They cannot do it because bureaucrats constitue one of the main popular support of the political faction currently in power. Remember how Suthep was warmly welcomed in various ministries, administrations and by bureaucrats' trade unions.

I'm so happy that you have explained how all corruption in Thailand began under the current government. Everyone knows their was no corruption during the reign of the last one. Completely honest, all of them, well there was that whole rice thing and the cake boxes, but other than that...

[candide]

I'm sure the private companies are not paying bribes because they want to. Punish the damn government officials who demand the bribes!

They cannot do it because bureaucrats constitue one of the main popular support of the political faction currently in power. Remember how Suthep was warmly welcomed in various ministries, administrations and by bureaucrats' trade unions.

I'm so happy that you have explained how all corruption in Thailand began under the current government. Everyone knows their was no corruption during the reign of the last one. Completely honest, all of them, well there was that whole rice thing and the cake boxes, but other than that...

Hmmmm.... What did you smoke? This has nothing to do with what I put in my post.

[Psimbo]

S- we will punish the briber but not the poor misguided and 'honest' individual who accepted the bribe, therefore doing untold damage. It just gets better!

[ramrod711]

I'm sure the private companies are not paying bribes because they want to. Punish the damn government officials who demand the bribes!

They cannot do it because bureaucrats constitue one of the main popular support of the political faction currently in power. Remember how Suthep was warmly welcomed in various ministries, administrations and by bureaucrats' trade unions.

I'm so happy that you have explained how all corruption in Thailand began under the current government. Everyone knows their was no corruption during the reign of the last one. Completely honest, all of them, well there was that whole rice thing and the cake boxes, but other than that...

Hmmmm.... What did you smoke? This has nothing to do with what I put in my post.

bureaucrats constitue one of the main popular support of the political faction currently in power.

Remember how Suthep was warmly welcomed in various ministries,

So no bureaucrats in favor in the former political faction? No illegal passports issued to criminals, no ignoring calls to appear before the Ombudsman? No heads of the DSI found to have acquired land illegally? Sorry if I misinterpreted your remark about "the political faction currently in power".

[candide]

They cannot do it because bureaucrats constitue one of the main popular support of the political faction currently in power. Remember how Suthep was warmly welcomed in various ministries, administrations and by bureaucrats' trade unions.

I'm so happy that you have explained how all corruption in Thailand began under the current government. Everyone knows their was no corruption during the reign of the last one. Completely honest, all of them, well there was that whole rice thing and the cake boxes, but other than that...

Hmmmm.... What did you smoke? This has nothing to do with what I put in my post.

bureaucrats constitue one of the main popular support of the political faction currently in power.

Remember how Suthep was warmly welcomed in various ministries,

So no bureaucrats in favor in the former political faction? No illegal passports issued to criminals, no ignoring calls to appear before the Ombudsman? No heads of the DSI found to have acquired land illegally? Sorry if I misinterpreted your remark about "the political faction currently in power".

There is nothing in my post stating or insinuating that there was less/more corruption before/after the coup. (My personal opinion on this topic is that this characteristic tends to be rather equally distributed in Thailand, whatever the political colour). Of course there was plenty of corruption before the coup.

My point is political. So let's start again:

1.The Thai bureaucracy constitutes one of the most widespread source of corruption in Thailand, as several comments in this thread illustrate (it doesn't mean that politicians are not corrupt in case of misunderstanding.)

2. Therefore effectively fighting corruption would mean widespread judicial action against bureaucrats

2. From a political point of view, the bureaucracy is rather on the "yellow" side (dems, PDRC, military) than on the "red" side (not all of them of course, but a large majority). Again it doesn't mean they cannot be "bought" and Thaksin effectively "bought" some of them.

3. Therefore I don"t see the interest of the current government (and in general its political faction) in alienating support from one of their most influential political force.

4. Therefore I don't think there will be widespread judicial action against bureaucrats (except maybe those identified as being on the "red" side).