Pol. Col. Seehanat Prayoonrat, Ph.D. (Law) Acting Secretary-General AMLO, Thailand. Thailand’s Anti-Money Laundering Measures in Compliance with the UN Convention against Corruption. Development of AML Measures in Thailand & UNCAC.
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1. Each State Party shall:
(a) Institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons that provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to money-laundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer and, where appropriate, beneficial owner identification, record-keeping and the reporting of suspicious transactions;
(b) Without prejudice to article 46 of this Convention, ensure that administrative, regulatory, law enforcement and other authorities dedicated to combating money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money-laundering.
2. States Parties shall consider implementing feasible measures to detect and monitor the movement of cash and appropriate negotiable instruments across their borders, subject to safeguards to ensure proper use of information and without impeding in any way the movement of legitimate capital. Such measures may include a requirement that individuals and businesses report the cross-border transfer of substantial quantities of cash and appropriate negotiable instruments.
3. States Parties shall consider implementing appropriate and feasible measures to require financial institutions, including money remitters:
(a) To include on forms for the electronic transfer of funds and related messages accurate and meaningful information on the originator;
(b) To maintain such information throughout the payment chain; and
(c) To apply enhanced scrutiny to transfers of funds that do not contain complete information on the originator.
4. In establishing a domestic regulatory and supervisory regime under the terms of this article, and without prejudice to any other article of this Convention, States Parties are called upon to use as a guideline the relevant initiatives of regional, interregional and multilateral organizations against money-laundering.
5. States Parties shall Endeavour to develop and promote global, regional, sub regional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering.
(a) (i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his or her action;
(ii) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceeds of crime;
(b) Subject to the basic concepts of its legal system:
(i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime;
(ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counseling the commission of any of the offences established in accordance with this article.
Provisions about concealmentof proceeds of crime and requires a State Party to establish as a criminal offence, when
“committed intentionally after the commission of any of the offences established in accordance with this Convention without having participated in such offences, the concealment or continued retention of property when the person involved knows that such property is the result of any of the offences established in accordance with this Convention…”
Freezing, seizure and confiscation measures as tools of AML to disrupt corruption activity from the benefit of their illegal proceeds.
8 March 1995
2 July 1996
Council of State
23 September 1996
Joint Commission of
House of Representatives
8 August 1997
H.M. the King
1 April 1999
17-19 March 1999
H.M. the King
10 April 1999
AMLA No. 3
Published in Government Gazette 22 July 2009and effective 120 days after its publication
2 March 2008
21 April 1999
19 August 1999
2,000,000 Baht world and in the number of ways using high or new technologies or complex methods to avoid detection from competent authorities.
Suspicious TransactionsReporting Requirements for FIs & DNFBPs
Section 20. Financial institutions and traders under section 16 shall require all customers to identify themselves prior to making a transaction as prescribed in the Ministerial Regulation, unless such customers have previously made such identification. There shall also be a measure to eliminate obstacles in identification of the disabled or incapacitated.
The identification under paragraph one shall be in accordance with the procedure prescribed by the Minister Section 20 amended in accordance with the Anti-Money Laundering Act (No.3) B.E. 2552 (2009)
Section 20/1. world and in the number of ways using high or new technologies or complex methods to avoid detection from competent authorities. Financial institutions and traders under section 16 (1) and (9) shall establish customer acceptance policy and risk management possibly relating to customer’s money laundering and shall verify customer identification on the first transaction-making and periodically review until the account is closed or relationship with its customer terminates.
The scope of verification of customer identification under paragraph one shall be in accordance with the rules and procedures as prescribed by the Ministerial Regulation pertaining to identifying and verifying customer identification, reviewing customer’s account and monitoring the movement of customer’s account that are informed by the Office Section 20/1 added in accordance with the Anti-Money Laundering Act (No.3) B.E. 2552 (2009)
Section 60 Any person who commits an offense of money laundering shall be liable to imprisonment for a term of one year to ten years or to a fine of 20,000 Baht to 200,000 Baht or both.
Section 62 Any person who violates or refuses to act under Section 13, Section 14, Section 16, Section 20, Section 20/1, Section 21, Section 22, Section 22/1, Section 35 or Section 36 shall receive a fine not exceeding five hundred thousand Baht and an additional amount not exceeding five thousand Baht for each following day that the violation was not corrected or until the action was carried out correctly
Section 66. Any person who, having or probably having knowledge of an official secret in connection with the execution of this Act, acts in any manner that enables other persons have knowledge or probable knowledge of such secret shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand Baht or both, except in the case of doing such act in the performance of official duties or in accordance with the law.
Chapter 6 of the AMLA provides for the Civil measure – civil forfeiture procedures i.e. the case can be initiated from the asset without the presence of offender and not directly connected with criminal case (if any) against the offender.
Asset Forfeiture Procedure under AMLA world and in the number of ways using high or new technologies or complex methods to avoid detection from competent authorities.
Reports from Land Offices
Reports from 9 professions & information from other sources
Anti-Money Laundering Office
Temporary Asset Seizure or Restraint
Owner file petition
Owner/Transferee/Beneficiary file petition
Return of Asset
Civil Court (Urgent)
Prove of ownership or bona-fide beneficiary
Return of Asset
Thank you world and in the number of ways using high or new technologies or complex methods to avoid detection from competent authorities.
Pol.Col. Seehanat Prayoonrat, Ph.D.
Anti-Money Laundering Office