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By virtue
of the provisions of Section 103 of the Organic Act on Counter
Corruption B.E. 2542 (1999), the N.C.C. Commission here prescribes
rules and amount of property or any other benefit which a State
official can receive on ethical basis as follows:
Section 1. This Notification shall be called
"The Notification of the N.C.C. Commission concerning the provisions
of the acceptance of property or any other benefit on ethical basis
by State officials B.E. 2543 (2000)."
Section 2. This Notification shall come into
force as from the day following the date of its publication in the
Government Gazette.
Section 3. In this
notification:
"To receive property or any other benefit on
ethical basis" means to receive property or any other benefit
from any relative or from any person on a traditional, customary, or
cultural occasion or on an occasion that the manners practised in
the society require that
giving.
"relative" means ascendant, descendant,
brother or sister of full or half blood, uncle, aunt, spouse,
ascendant or descendant of spouse, adopted child, or
adopter
"other benefit" means anything which has
value, including discount, acceptance of entertainment, service,
training, or any other thing in the same quality.
Section 4. Any State officials shall not
receive property or any other benefit from any person other than
legitimate property or benefit derived under the law, rules or
regulations issued by virtue of the provisions of law, with the
exception of the acceptance of the property or any other benefit on
the ethical basis in accordance with this Notification.
Section 5. Any
State official shall receive property or any other benefit on
ethical basis only as
follows:
(1) to receive property or any other benefit from relative as a gift
and the amount of the gift is proper to the station in
life;
(2) to receive property or
any other benefit from any person other than relative and the price
or value of the thing received from each person and on each occasion
does not exceed 3,000
baht;
(3) to receive property or any other benefit on the occasion that
the giving is meant for general people.
Section 6. When any State official has received
property or any other benefit from abroad and the giver does not say
that it is for personal use, or the price or value of the thing
given exceeds 3,000 baht no matter if the giver says it is for
personal use or not, and the State official is obliged to accept it
in order to keep a good relationship or friendship between them,
that State official shall report the particulars and facts about the
acceptance of property or benefit to the superior without delay. If
the superior deems there is no reasonable ground to allow the State
official to take the property or benefit for personal use, the State
official shall turn over the property to the State agency to which
such State official is attached.
Section 7. When any State official has
received property or any other benefit which does not conform to the
provisions or the value is more than the amount prescribed under
Section 5, and the State official is obliged to accept it in order
to keep a good relationship or friendship, that State official shall
report the particulars and facts about the acceptance of property or
benefit to the superior who is the head of the Government agency, or
the top executive of the State enterprise, or the top executive of
the agency, institution or organization to which such State
officials is attached as soon as possible, so that it can be
adjudged if there is any reasonable ground, necessity, or propriety
that the State official should take the property or benefit in his
own right.
In the case
where the superior or the top executive of the State enterprise,
agency, institution, or organization to which such State official is
attached deems the property or benefit should not be taken, that
property or benefit shall be returned to the giver instantly. In the
case that it cannot be returned, the State official shall turn over
the property or benefit to the State agency to which such State
official is attached without
delay.
Upon the
completion of the proceeding under paragraph two, it shall be deemed
that such State official has never received such property or
benefit.
In the case
where the State official who receives the property or benefit as
prescribed under paragraph one holds the position of such superior
as head of a Government agency at the level of a Ministry, or as
member of the Board or the top executive of a State enterprise, or
as member of the Board or the top executive of an administrative
agency, the receiver shall report the particulars and facts about
the acceptance of such property or benefit to the person who has the
power of appointment and removal. In the case that the receiver is a
president or member of a committee in an independent organization
under the Constitution or the receiver is a position holder under no
superior who has the power of appointment and removal, the receiver
shall report the particulars and facts about the acceptance of
property or benefit to the N.C.C. Commission, so that the proceeding
under paragraph one and two shall be carried
out.
In the case where
the State official who receives the property or benefit under
paragraph one is a member of the House of Representatives, a
senator, or a member of a local assembly, such State official shall
report the particulars and facts about the acceptance of property or
benefit to the Speaker of the House, the President of the Senate, or
the president of a local assembly, of which the State official is a
member, so that the proceeding under paragraph one and two shall be
carried out.
Section 8. The provisions of this notification
shall apply to the acceptance of property or any other benefit by
the person who has ceased to be a State official for less than two
years.
Published on November 30, B.E. 2543
(2000)
Ophars Arunin
President of the N.C.C.
Commission
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