New Anti-Corruption Law

    Thailand

    New Anti-Corruption Law

    The Act Supplementing the Constitution Relating to the Prevention and Suppression of Corruption 2018 (only available in Thai here) (the New Anti-Corruption Law) officially repealing and replacing the long standing Organic Act on Counter Corruption 1999expanding the definition of persons who can commit bribery to include foreign companies.  

    Last Updated: July 30, 2019


  • Requirements

    The New Anti-Corruption Law has provisions for legal entities, including corporations, which can be criminally liable for bribes given to Thai state officials, foreign officials and officials with intergovernmental organisations. The legal entity is liable when the bribe is provided by an associated person, which can include employees, joint venture partners and agents, providing for associated third party risk. 

    The New Anti-Corruption Law introduces: 

    • an expansion of application to legal entities from foreign juristic persons, applying to organisation that are based outside of Thailand; 
    • the ability for entities to reduce their liability if they have proper internal controls; 
    • streamlining the process by which the National Anti-Corruption Commission (‘NACC‘) can seek international cooperation in their investigations and can refer issues to foreign counterparts; and 
    • a government subsidized fund called the National Anti-Corruption Fund, to support the NACC’s investigation costs, provide rewards to informants, and raise anti-corruption awareness in Thai society. 

    Sanctions 

    A legal entity can be punished with a fine of at least an equal amount of the benefit received from the corrupt act, but not more than twice the amount. 

    In 2017 the NACC released guidelines on what it deems to be appropriate internal controls which apply under the New Anti-Corruption Lawnamely the Guidelines on Appropriate Internal Control Measures for Juristic Persons. 

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