LAW ON MONEY LAUNDERING IN THAILAND
FIGHT AGAINST MILKING IN
THAILAND
In light of the proliferation of illegal activities
involving large sums of money, the legislative body of
Thailand has put in place a comprehensive anti-money
laundering law.
The Money Laundering Act was passed in March
1999 with the aim of eradicating the drug trade and combating
other activities such as corruption, fraud and prostitution.
The recent amendments to the Act were made in March 2008,
expanding the overall scope of criminal responsibility and
increasing the power to conduct investigations and
convulsions. The changes can also be seen as an attempt t o
address the issue of perceived government corruption.
WHAT ARE
THE TARGETED CRIMES?
Thai officials have complied with the
requirements of accession to the 1988 Convention against
Illicit Traffic in Narcotic Drugs and Psychotoxic Substances.
A list of additional criminal offenses was added during the
March 2008 amendments. The Act now covers the transfer or
conversion of funds or property obtained from:
Drug traffic
Prostitution and other related sexual offenses
Public fraud
Fraud involving financial institutions
Abuse of power by
government officials
Extortion
Trade in contraband
gambling
offenses listed under gambling laws, specifically the
large-scale organization of gambling.
PROVISIONS OF THE ACT
Under the provisions of the Act, it is considered a crime to
transfer, convert or receive the transfer of funds or property
from the above criminal offenses for the purpose of concealing
the source of such funds. Under the Act, offenders are defined
as persons who commit or attempt to commit a money laundering
offense or who serve as an accomplice in that commission. The
repression can be imprisonment of up to 10 years and payment
of a fine of up to 200,000 baht.
The law also provides for a
thorough investigation of banking transactions with other
related financial transactions, giving enforcement officials
the power to seize money or property that has been proved
connected to one of the offenses listed. To recover seized
property, the owner must be able to provide sufficient
evidence to prove that the property is completely foreign to
the commission of one of the listed crimes or a money
laundering offense.
REPORTING REQUIREMENTS
One of the key
provisions of the Act requires banks and other financial
institutions to declare all treasury operations of more than 2
million baht. This also includes real estate transactions,
which must be presented if more than 5 million baht.
In the
case of these transactions, financial institutions must ask
their clients to provide a detailed account. This requirement
is generally left to the financial discretion of the financial
institution to reconcile client privacy concerns with
compliance with the Act.
AMLO has also put in place a
requirement for all people entering or leaving Thailand to
declare the amount of currency in their possession to
determine if the amount exceeds certain statutory levels.
Failure to comply with these requirements is liable to a fine
of up to 300,000 baht. In addition, the filing of a false
report can result in a fine of up to 500,000 Baht and a
maximum imprisonment of two years.