2. Anti-Corruption Efforts at the National Level: the Work of Thailands National Counter Corruption Commission (NCCC) Dr. Sirilaksana Khoman Presented at the World Banks Capacity Enhancement Program on Anticorruption and Good Governance Washington, D.C. September 8, 2008.

3. About NCCC Mandate Mandate Areas of intervention Areas of intervention Corruption prevention Corruption prevention Corruption suppression Corruption suppression

4. Mandate: Constitution of the Kingdom of Thailand 1997 (2540) enacted on the 11 th Day of October 2540 (1997) CHAPTER X ( ) Inspection of the Exercise of State Power Part 2 ( ) The National Counter Corruption Commission consists of the President and another eight qualified members appointed by H.M. the King with the advice of the Senate

5. Mandate: Constitution of the Kingdom of Thailand 2540 (1997) CHAPTER X ( ) Inspection of the Exercise of State Power Part 1 ( ) Declaration of Accounts Showing Particulars of Assets and Liabilities

6. The Organic Act on Counter Corruption B.E. 2542 ( 1999 ) Given on the 8 th Day of November B.E. 2542; came into force on November 18, 1999

7. Chapter II ( ) Chapter II ( ) Powers and Duties of NCCC Section 19 ( ) - 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 etc

8. Interim Constitution B.E. 2549(2006) Given on the 1 st day of October B.E. 2549 Constitution B.E. 2550 (2007) Subject to national referendum Enacted on the 24th Day of August B.E. 2550

9. 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, President 2. Mr. Klanarong Chanthik, Member 3. Mr. Jaidet Pornchaiya, Member 4. Mr. Prasart Pongsiwapai, Member 5. Prof. Paldi Pothisiri, Member 6. Prof. Medhi Krongkraw, Member 7. Mr, Wicha Mahakhun, Member 8. Mr. Wichai Wiwitsewe, Member 9. Miss Somlak Jadkrabuanpon, Member

10. The Office of the National Counter Corruption Commission ( ONCC ) ONCC is the independent anti-corruption agency with powers and duties as follows: ONCC is the independent anti-corruption agency with powers and duties as follows: Responsible for the administrative work of NCCC Responsible for the administrative work of NCCC Study and gather data related to the 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 Study and encourage research in, and disseminate knowledge related to corruption in the government and political circles Perform other acts as entrusted by NCCC Perform other acts as entrusted by NCCC

11. Staff and Organizational Structure NCCC officers are government officials NCCC officers are government officials Currently, there are 600 officials Currently, there are 600 officials The organization is divided into 11 bureaus and 4 divisions 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. Secretary-General shall monitor and be the superior of the NCCC officials and employees; and be directly answerable to the NCCC President.

12. Ethics and Prevention Branch 55 Bureau of Commissio n Affairs 23 Bureau of Central Administrati on 37 Commissioners NCCC Local Offices Project Corruption Suppression Branch 35 1 Administrati ve Branch 10 8 Technical Branch 86 Bureau of Personnel Administrati on 30 Bureau of Policy and Strategy 18 Institute of Organization Development 19191919 Assets Inspection Branch 13 6 Bureau of Legal Affairs 18181818 B. of Corruption Prevention in the Political Sector 11111111 B. of Corruption Prevention in the Civil Sector 13131313 B. of Inspection Procedure Development 15151515 B. of Corruption Prevention in State Enterprises and the Private Sector 10101010 B. of Corruption Prevention in the Public Sector 12121212 Bureau of Intelligence 22222222 ONCC 760760760760 Secretary - General 1 Operation 54 2 B. of Ethics and Integrity 9 Bureau of Foreign Affairs 18181818 (Organization Development Institute Project) (Organization Development Institute Project) Bureau of Political Corruption Suppression 1 29292929 Bureau of State Enterprise and Private Corruption Suppression 90 Bureau of Public Sector Corruption Suppression 115115115115 B. of Asset Inspection in the Political Sector 1 27272727 B. of Asset Inspection in the State Enterprises Sector 33333333 B. of Asset Inspection in the Public Sector 33333333 Information Technology Center 24242424 Assistant to Executive Unit 11111111 Internal Financial Inspection 3 Bureau of Political Corruption Suppression 2 95959595 Organizational Structure of NCCC Deputy Secretary- General 5 Assistant S - G 3 Expert1 (Research Center SDU Project) (Research Center SDU Project) Research Center 7 B. of Asset Inspection in the Political Sector 2 28282828 Advisors

13. Powers and Duties of the NCCC Divided into 3 main functions Divided into 3 main functions 1. Inspection of Assets and Liabilities 2. Corruption Prevention 3. Corruption Suppression

14. 1. Inspection of Assets and Liabilities (1) To inspect the accuracy, actual as well as change of assets & liabilities of 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

15. 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

16. 1. Inspection of Assets and Liabilities (3) 1.2 State Officials in Following Positions: 1. President of the Supreme Court of Justice 2. President of the Constitutional Court 3. President of the Supreme Administrative Court 4. Prosecutor-General 5. Election Commissioner 6. Ombudsman 7. Judge of the Constitutional Court 8. Member of the State Audit Commission 9. Vice President of the Supreme Court of Justice 10. Vice President of the Supreme Administrative Court 11. Chief of the Military Judicial Office 12. Judge of the Supreme Court of Justice 13. Judge of the Supreme Administrative Court 14. Deputy Prosecutor-General 15. Person holding a high-ranking position

17. 1. Inspection of Assets and Liabilities (4) 1.3 State Officials Specified by NCCC NCCC can specify the positions and classes NCCC can specify the positions and classes or level of State Officials to submit the account of assets & liabilities

18. 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.

19. 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

20. 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%

21. 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

22. 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 Minister 2. Minister, 3. Member of the House of Representative, 4. Senator, 5. President/Vice President of the Supreme Court of Justice 6. President /Vice President of the Constitutional Court 7. President/ Vice President of the Supreme Administrative Court 8. Prosecutor-General/ Deputy Prosecutor-General 9. Election Commissioner 10. Ombudsman 11. Judge of the Constitutional Court

23. 3. Corruption Suppression 3.1 Removal From Office : Members of the State Audit Commission Persons holding high-ranking positions

24. 3. Corruption Suppression (4) Removal from office The Complainants must consist of: Members of the House of representatives of not Less than ¼ Members of the House of representatives of not Less than ¼ Voters of not less than 50,000 people (2540) 20,000 people (2550) 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 Senators of not less than ¼ in case of removal from office

25. 3. Corruption Suppression (5) Grounds for removal from office Must be accused of the following offences : unusual wealth unusual wealth circumstances indicative of committing corruption circumstances indicative of committing corruption circumstances indicative of malfeasance circumstances indicative of malfeasance in office or malfeasance in judicial office Intentional exercise of power contrary to the constitution or the Law Intentional exercise of power contrary to the constitution or the Law

26. 3.2 Criminal proceedings political position Submit to supreme court of justices criminal division for persons holding political positions : 1.Prime Minister 2.Minister 3.Member of the House of Representatives 4.Senator 5.Other Political Official 6.Principal, Instigator, Supporter 3. Corruption Suppression (6)

27. 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

28. 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

29. 3. Corruption Suppression Criminal proceedings and Unusual Wealth 1.Prime Minister 2.Minister 3.Member of the House of Representative 4.Senator 5.Other Political Official 1. Government official Prosecute Supreme Court of Justices Criminal Division for Persons Holding a Political Position Competent Court of Justice Prosecute

30. 3. Corruption Suppression 3.3 Disciplinary Proceedings Allegations against Government Official for Corruption Malfeasance in office Malfeasance in judicial office The NCCC shall conduct inquiry and pass a resolution which has a prima facie case for a disciplinary offence to superiors for disciplinary penalty without the appointment of a disciplinary inquiry committee

31. 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:

32. 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

33. Corruption Prevention Activities Seminar between NCCC and Education Executive Officers

34. Seminar between NCCC and Education Officers

35. Speech Contest Award

36. Walk against Corruption More than 10,000 participated

37. Talks on TV

38. Recent initiatives Mobile phone games Mobile phone games School newsletters and quiz School newsletters and quiz NCCC Journal NCCC Journal Cartoons / mascot Cartoons / mascot Pro-active monitoring of government policy and measures, starting with intervention measures in agricultural markets Pro-active monitoring of government policy and measures, starting with intervention measures in agricultural markets Compilation of database Compilation of database

39. Thank you