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Tue, September 26, 2006 : Last updated 20:28 pm (Thai local time)



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Home > Politics > The CDRM's order establishing an asset investigation committee





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








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