Anti-Corruption Efforts at the National Level: the Work of Thailand’s National Counter

Corruption Commission(NCCC)

Dr. Sirilaksana Khoman

Presented at the World Bank’s Capacity Enhancement Program

on Anticorruption and Good Governance

Washington, D.C. September 8, 2008.

About NCCC

MandateAreas of interventionCorruption preventionCorruption suppression

Mandate: Constitution of the Kingdom of

Thailand1997 (2540)

enacted on the 11th Day of October 2540 (1997)

CHAPTER X (หมวด)Inspection of the Exercise of State

Power

Part 2 (ส่�วน)The National Counter Corruption

Commissionconsists of the President and another eight qualified members appointed by H.M. the King with the advice of the

Senate

Mandate: Constitution of the Kingdom

of Thailand 2540 (1997)

CHAPTER X (หมวด)Inspection of the Exercise of State

Power

Part 1 (ส่�วน)Declaration of Accounts Showing

Particulars of Assets and Liabilities

The Organic Act on Counter Corruption

B.E. 2542 ( 1999 )

Given on the 8th Day of November B.E. 2542;

came into force on November 18, 1999

Chapter II (หมวด)

Powers and Duties of NCCC

Section 19 (มาตรา)-Inquire into facts, summary of cases, prepare

opinion and submit to Senate (removal case) or Supreme Court (criminal case)

- Inquire and decide whether state official has become unusually wealthy

- Inspect the accuracy of declared assets and liabilities of state officials

etc

Interim Constitution B.E. 2549(2006)Given on the 1st day of October B.E.

2549

Constitution B.E. 2550 (2007)Subject to national referendumEnacted on the 24th Day of August B.E. 2550

Announcement by the Council for Democratic Reform No. 19

Selected Organic Laws shall continue to remain into force

3. The composition of NCCC in accordance with the Organic Law on Counter Corruption Commission 1999, are as follows:1. Mr. Panthep Klanarongran, President2. Mr. Klanarong Chanthik, Member3. Mr. Jaidet Pornchaiya, Member4. Mr. Prasart Pongsiwapai, Member5. Prof. Paldi Pothisiri, Member6. Prof. Medhi Krongkraw, Member7. Mr, Wicha Mahakhun, Member8. Mr. Wichai Wiwitsewe, Member9. Miss Somlak Jadkrabuanpon, Member

The Office of the National Counter Corruption Commission

( ONCC )

ONCC is the independent anti-corruption agency with powers and duties as follows:

Responsible for the administrative work of

NCCC

Study and gather data related to the work of

NCCC

Study and encourage research in, and

disseminate knowledge related to corruption

in the government and political circles

Perform other acts as entrusted by NCCC

Staff and Organizational Structure

NCCC officers are government officials

Currently, there are 600 officials

The organization is divided into 11

bureaus and 4 divisions

Secretary-General shall monitor and be

the superior of the NCCC officials and

employees; and be directly answerable

to the NCCC President.

Ethics and Prevention

Branch

55

Bureau of Commission Affairs

23

Bureau of Central Administration

37

Commissioners

NCCC Local Offices Project

Corruption Suppression

Branch

351

Administrative Branch

108 Technical

Branch 86

Bureau of Personnel Administration

30

Bureau of Policy and Strategy

18

Institute of Organization Development

19

Assets Inspection

Branch

136

Bureau of Legal Affairs

18

B. of Corruption Prevention in the Political Sector

11

B. of Corruption Prevention in the Civil Sector

13 B. of

Inspection Procedure Development

15

B. of Corruption Prevention in State Enterprises and the Private Sector

10

B. of Corruption Prevention in the Public Sector

12

Bureau of Intelligence

22

ONCC760

Secretary - General 1

Operation 542

B. of Ethics and Integrity 9

Bureau of Foreign Affairs

18

(Organization Development Institute Project)

Bureau of Political Corruption Suppression 1

29

Bureau of State Enterprise and Private Corruption Suppression

90

Bureau of Public Sector Corruption Suppression

115

B. of Asset Inspection in the Political Sector 1

27

B. of Asset Inspection in the State Enterprises Sector

33

B. of Asset Inspection in the Public Sector

33

Information Technology Center

24

Assistant to Executive Unit

11 Internal

Financial Inspection

3

Bureau of Political Corruption Suppression 2

95

Organizational Structure of NCCC

Deputy Secretary-

General5

Assistant S - G 3

Expert 1

(Research Center SDU Project)

Research Center 7

B. of Asset Inspection in the Political Sector 2

28

Advisors

Powers and Duties of the NCCC

Divided into 3 main functions

1. Inspection of Assets and

Liabilities

2. Corruption Prevention

3. Corruption Suppression

1. Inspection of Assets and Liabilities (1)

To inspect the accuracy, actual

as well as change of assets &

liabilities of

1.1 Person holding a Political

Position

1.2 High Ranking State Officials

1.3 State Officials specified by

NCCC

1. Inspection of Assets and Liabilities (2)

1.1 Person holding a Political Position

1. Prime Minister

2. Minister

3. Member of the House of

Representatives

4. Senator

5. Other Political Officials

6. Local Administrator, Member of a

Local Assembly

1. Inspection of Assets and Liabilities (3)

1.2 State Officials in Following Positions:

1. President of the Supreme Court of Justice2. President of the Constitutional Court3. President of the Supreme Administrative Court4. Prosecutor-General5. Election Commissioner6. Ombudsman7. Judge of the Constitutional Court8. Member of the State Audit Commission9. Vice President of the Supreme Court of Justice10. Vice President of the Supreme Administrative Court11. Chief of the Military Judicial Office12. Judge of the Supreme Court of Justice13. Judge of the Supreme Administrative Court14. Deputy Prosecutor-General15. Person holding a high-ranking position

1. Inspection of Assets and Liabilities (4)

1.3 State Officials Specified by NCCC

NCCC can specify the positions

and classes

or level of State Officials to submit

the account of assets & liabilities

1. Inspection of Assets and Liabilities (5)

State Official who intentionally

1. Fails to submit the accounts in time

2. Submits documents with false statements

3. Fails to disclose facts which should have been disclosed

shall vacate his/her position and shall not hold an official position

for 5 years.

This kind of offence must be submitted to the Constitutional Court

for making final decision.

2. Corruption Prevention

2.1 Propose measures, opinions or

recommendations

2.2 Promote attitudes, values, morals,

ethics and integrity

2.3 Seek cooperation from people and

undertake public relations including

education

2. Corruption Prevention (2)

2.4 Monitor the Business Interests and

Shareholdings of Ministers

NCCC has duty to monitor the business interests and shareholdings of

Ministers

Minister shall not be a partner or shareholder in partnerships/

companies, or hold shares of more than 5%

3. Corruption Suppression

3.1 Removal From Office

3.2 Criminal Proceedings

3.3 Disciplinary Proceedings

3.4 Unusual Wealth Inquiry

3.5 Inquiry into the offence Relating to

the Bid in Government Agency Act

1999

3. Corruption Suppression 3.1 Removal From Office

To enquire into facts summarizing the case and prepare opinion to be submitted to the senate for removal from office.The person in the following positions may be removed:

1. Prime Minister2. Minister,3. Member of the House of Representative,4. Senator,5. President/Vice President of the Supreme Court

of Justice6. President /Vice President of the Constitutional

Court7. President/ Vice President of the Supreme

Administrative Court8. Prosecutor-General/ Deputy Prosecutor-General9. Election Commissioner10. Ombudsman11. Judge of the Constitutional Court

3. Corruption Suppression

3.1 Removal From Office:

Members of the State Audit Commission

Persons holding high-ranking positions

3. Corruption Suppression (4)

Removal from office

The Complainants must consist of:

Members of the House of representatives

of not Less than ¼

Voters of not less than 50,000 people

(2540) 20,000 people (2550)

Senators of not less than ¼ in case of

removal from office

3. Corruption Suppression (5)

Grounds for removal from office

Must be accused of the following offences :

unusual wealth

circumstances indicative of committing

corruption

circumstances indicative of malfeasance

in office or malfeasance in judicial office

Intentional exercise of power contrary to

the constitution or the Law

3.2 Criminal proceedings

political position

Submit to supreme court of justice’s criminal division for persons holding political positions :

1. Prime Minister2. Minister3. Member of the House of Representatives4. Senator5. Other Political Official6. Principal, Instigator, Supporter

3. Corruption Suppression (6)

Who can make complaints ?

Accused of• Unusual Wealth

• Malfeasance in office according to Penal Code

• Dishonest act in performance of duties

• Corruption according to other laws

an injured person

3.2 Criminal proceedings

3. Corruption Suppression

Government Officials Accuser

Injured Person

Complainant

Reasonable cause to suspect

Accused of Corruption

Malfeasance in Office

Malfeasance in Judicial Office

3. Corruption Suppression

3.2 Criminal proceedings

3. Corruption Suppression

Criminal proceedings and Unusual Wealth

1. Prime Minister2. Minister3. Member of the House of Representative4. Senator5. Other Political Official

1. Government official

Prosecute

Supreme Court of Justice’s Criminal Division for Persons Holding a PoliticalPosition

Competent Court of Justice

Prosecute

3. Corruption Suppression

3.3 Disciplinary Proceedings

Allegations against Government Official forCorruptionMalfeasance in officeMalfeasance in judicial office

The NCCC shall conduct inquiry and pass a resolutionwhich has a prima facie case for a disciplinary offence to superiors for disciplinary penalty without the appointment of a disciplinary inquiry committee

Conflicts of Interest (1)

According to the Organic Act on Counter Corruption 1999

1. Be a party to or have an interest in a contract made with a

Government agency

2. Be a partner or shareholder in a partnership or company which

is a party to a contract made with a Government agency

Any state Official who has the power to conduct supervision,

control, inspection or legal proceedings are forbidden to:

Conflicts of Interest (2)

3. Shall not receive gifts or any other benefit on ethical

basis:

price or value from each person and on each

occasion exceeding 3,000 baht

Corruption Prevention Activities

Seminar between NCCC and Education Executive Officers

Seminar between NCCC and Education Officers

“ทุจริ�ตคิ�ดโกงชาต� จะพั�งพั�นาศทุ��งริาษฎริ�ริ�ฐ”

“ริ�กชาต� ริ�กแผ่�นด�น หยุดโกงก�น ก�อนส่��นชาต�”

“เช�ดช#คินซื่%&อส่�ตยุ� ริ�วมก'าจ�ดคินโกงก�น”

Speech Contest Award

Walk against Corruption

More than 10,000 participated

Talks on TV

Recent initiatives

Mobile phone games School newsletters and quiz NCCC Journal Cartoons / mascot Pro-active monitoring of government

policy and measures, starting with intervention measures in agricultural markets

Compilation of database

Thank you