71. Is it specified that a particular institution(s) is responsible for investigating money laundering that relates to political parties, candidates and elected officials?

Thailand

Thailand

Answer
Financial intelligence unit Anti-corruption body Banking/financial ombudsperson
Source

For financial intelligence unit and banking/financial ombudsperson:

"Section 32       For purposes of the operation in accordance with its powers and duties to proceed the election in an honest and fair manner, and due to process of law, the Election Commission may request that the following actions be taken:

            (1) That the Office of the Auditor-General of Thailand, or a licensed auditor approved by the Election Commission, audit financial accounts of political parties, and may also do so in urgency during the during the period of time when there is an election;

            (2) That when there appears to be reasonable evidence that an offense has been committed or that there has been a violation of the Organic Act on the Election and Political Parties, the Anti-Money Laundering Office notify the Election Commission of the reports of transactions of political parties, persons holding positions in a political party, or of candidates in an election as notified by the Election Commission; or that the Bank of Thailand or commercial banks under the Commercial Banking Acts, or other financial institutions, make a Notification of the transfers or withdrawals of payments involved in such cases, as requested by the Election Commission, and in this regard, such notification shall be made within the period of time prescribed by the Election Commission, and no provisions of the law prohibiting any agencies from disclosing proprietary information shall be applied to the reporting of information requested by the Election Commission.

            (3) That all State organizations related to intelligence shall provide useful information upon request. The Election Commission shall employ this information for the purpose of investigation or prevention of misconduct in compliance with the duties and powers of the Commission…"

Source: Section 32 paragraph one, Organic Act on the Election Commission, 2017 (Unofficial translation)

For anti-corruption body:

"Section 234     The National Anti-Corruption Commission has the powers and duties as follows:

            (1) to conduct an inquiry and prepare opinion in case where there is an accusation that a person holding a political position, a judge of the Constitutional Court, a person holding a position in an Independent Organ or the Auditor-General is involved in circumstances of unusual wealth, commits an act of corruption, or deliberately performs duties or exercises powers in contrary to the provisions of the Constitution or the law, or seriously contravenes or fails to comply with the ethical standards, for further proceeding in accordance with the Constitution or the Organic Act on Anti-Corruption;

            (2) to conduct an inquiry and decide whether a government official is unusually wealthy, has committed an offence of corruption, or malfeasance in public office or malfeasance in judicial office, for further proceeding in accordance with the Organic Act on Anti-Corruption;

            (3) to require persons holding political positions, judges of the Constitutional Court, persons holding positions in the Independent Organs, the Auditor-General and State officials to submit an account showing particulars of assets and liabilities of themselves, spouse and children who have not yet become sui juris, and to inspect and disclose the results of the inspection of such accounts, in accordance with the Organic Act on Anti-Corruption;

            (4) other duties and powers provided by the Constitution or the laws. In the performance of duties under (1), (2) and (3), it shall be the duty of the National Anti-Corruption Commission to provide a measure or guideline that will enable efficient, prompt, honest and just performance of duties. In case of necessity, the National Anti-Corruption Commission may entrust the State agency whose duties and powers are related to the prevention and suppression of corruption to act on its behalf for the matter other than that of a serious offence or an act of a government official in certain level, or require competent officials of the secretariat of the National Anti-Corruption Commission to conduct preliminary investigation or inquiry in accordance with the rules, procedures and conditions prescribed in the Organic Act on Anti- Corruption."

Source: Section 234, Constitution of Thailand, 2017

Comment

Financial intelligence unit = Bank of Thailand, other legalized financial institutions, Anti-corruption body = The Office of the National Anti-Corruption Commission, Anti-Money Laundering Organization, Banking/financial ombudsperson = The Office of the Auditor-General of Thailand

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