Special Measures under the Anti-Money Laundering Law for Combating Bribery to Foreign Public Officials
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Abstract
This research aimed to: 1) investigate the issue of business operators offering bribes to foreign public officials in international business operations and the approach to combating such bribery; 2) investigate the use of special measures under the anti-money laundering law of international law, international standards, and foreign laws to combat the bribery of foreign public officials by business operators. 3) explore the ways in which Thai anti-money laundering regulations were employed to fight bribery by Thai business operators to foreign public officials in international business transactions. This involved a comparative analysis with international laws, global standards, and U.S. laws; 4) propose recommendations for utilizing Thai anti-money laundering measures to counteract bribery of foreign officials in international business operations, ensuring compatibility with international laws, global standards, and the realities of international business operations. This research was qualitative, involving a review of relevant academic documents, court verdicts, Thai laws, international laws, global standards, and foreign laws. The research found that the Anti-Money Laundering Act, B.E. 2542 (1999), did not yet define offenses related to Thai business operators bribing foreign public officials in international business operations as predicate offenses, and there were some restrictions on the definition of assets related to these offenses.
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References
Asian Development Bank, Organisation for Economic Co-operation and Development, & ADB/OECD Anti-Corruption Initiative for Asia-Pacific. (2011). The Criminalization of Bribery in Asia and the Pacific: Frameworks and Practices in 28 Jurisdictions: Thematic Review: Final Report. OECD: Asian Development Bank.
Brun, J. P., Gray, L., Scott, C., & Stephenson, K. M. (2011). Asset Recovery Handbook: A Guide for Practitioners. The World Bank.
Charoenporn, W. (2013). Guidelines for the Development of Prevention and Suppression Measures against Money Laundering in Thailand: A Case Study of the Real Estate Business[Master’s Thesis, Thammasat University].
Chumporn, P. (2012). A Study of the Advisability for Thailand in Joining the 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Research report). The Research in Supported by Office of The National Anti-Corruption Commission.
Kompunthong, K. (2018). The Measures of Anti-Money Laundering in Case of Crimes Committed by Legal Entity[Master’s Thesis, Chulalongkorn University].
Langkunjinda, A. (2009). The Implementation of the OECD convention on Combating Bribery of Foreign Public Officials in International Business Transaction 1997 under Thai Legislation[Master’s Thesis, Chulalongkorn University].
Laorakwong, N. (2013). Anti-Money Laundering Act A.D. 1999: A Study Judicial Power and Function Regarding to the Forfeiture of the Asset to the State[Master’s Thesis, Chulalongkorn University].
Low, L.A. (2007). The OECD Convention: A US Perspective on Combating Bribery in International Business. In M. Pieth, L. Low, & P. Cullen (Eds.), The OECD Convention on Bribery: A Commentary (pp. 509-552). Cambridge University Press. DOI: 10.1017/CBO9780511494307.016
Nadipuram, A.M. (2013). Is the OECD the Answer? It’s Only Part of the Solution. The Journal of Corporation Law, 38, 635.
OECD/The World Bank. (2012). Identification and Quantification of the Proceeds of Bribery: Revised Edition. OECD Publishing. http://dx.doi.org/10.1787/9789264174801-en
Pornpipatanamongkol, P. (2008). Thailand and the Implementation of the United Nations Convention against Corruption 2003: A Case Study of Asset Recovery[Master’s Thesis, Chulalongkorn University].
Report on the Application of the OECD Recommendation. United States: Phase 2. (2002, October). https://www.oecd.org/daf/anti-bribery/anti-briberyconvention/1962084.pdf
Suradet, W. (2013). Criminalization of Bribery to Foreign Public Officials in International Business [Master’s Thesis, Chulalongkorn University].
The Civil Court. (2021). Operating manual Anti-Money Laundering Act, B.E. 2542 (1999) Anti-Terrorism and Proliferation of Weapons of Mass Destruction Financing Act, B.E. 2559 (2016). Krung Siam Publishing.
Wiwek, S. (2009). Asset Recovery for the Proceeds of Crime Derived from Offences Established in Accordance with United Nations Convention Against Corruption B.C. 2003[Master’s Thesis, Thammasat University].