Managing Conflict of Interest - Organisation for Economic Co ...
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Managing Conflict of Interest - Organisation for Economic Co ... Managing Conflict of Interest - Organisation for Economic Co ...

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98 Managing Conflict of Interestthis is unclear, but this Act serves to highlight the importanceand gravity of these offenses in such a way that a specific actis called for.• Civil Servant Act, B. E. 2535: Most civil servants in Thailandhave to follow the Civil Servant Act B.E. 2535 which prescribesthe rules and regulations on employment proceduresand disciplinary measures for most civil servants. Relevantprovisions on conflict of interest may be found in Section 84,which requires a civil servant to protect the state and publicinterest. There is a severe disciplinary penalty imposed if thisbasic provision is violated. Section 96 also specifies that acivil servant must not serve as a manager or in a post withsimilar duties in a private company.• Municipality Act, B. E. 2496: Various laws on local governmentin Thailand also contain relevant sections on conflictof interest. For example, Section 18 of the Municipality ActB. E. 2496 stipulates that members of the board of municipalitiesmay not have interests in the contracts under themunicipalities’ jurisdiction.• The Tambon Council and Tambon Administrative OrganisationsAct, B. E. 2537 and the Provincial AdministrativeOrganisations Act, B. E. 2540: Both Acts have similar provisionscalling for invalidation of the qualifications of anymembers of the specific organizations referenced if theyare found to have private interests in any contracts involvingthese local organizations. Similar provisions can be found inlaws governing other specific government agencies.Laws under the Jurisdiction of the National Counter CorruptionCommission (NCCC)• Organic Law on Counter Corruption, B. E. 2542: This law isthe main pillar of the legal power of the NCCC. Conflict ofinterest is covered in Chapter 9 of this Act with the subtitleConflicts between Personal Interest and Public Interest. Thischapter contains four sections, with Section 100 specifyingthe following four acts that state officials shall not carry out:−being a party to, or having interest in, a contract madewith a government agency where the state officialADB/OECD Anti-Corruption Initiative for Asia and the Pacific

Implementation and Enforcement Tools 99−−−performs duties in the capacity of a state official with thepower to conduct supervision, control, inspection, orlegal proceedings;being a partner or shareholder in a partnership or companythat is a party to a contract made with a governmentagency where the state official performs duties inthe capacity of a state official with the power to conductsupervision, control, inspection, or legal proceedings;being a concessionaire or continuing to hold a concessionfrom the State, a state agency, a state enterprise,or local administration or being a party to a contract ofa directly or indirectly monopolistic nature made withthe State, a government agency, a state agency, a stateenterprise, or local administration, or being a partner orshareholder in a partnership or company that is a concessionaireor shareholder in a partnership or companythat is a concessionaire or a contractual party in suchmanner;being interested in the capacity as a director, counsel,representative, official, or employee in a private businessthat is under the supervision, control, or audit ofthe state agency to which the state official is attached orwhere the state official performs duties in the capacity ofa state official, provided that the nature of the interest ofthe private business may be contrary to or inconsistentwith public interest or the interest of the governmentservice or may affect the autonomy in the performanceof duties of the state official.• Act on Offences Relating to the Submission of Bids toState Agencies, B. E. 2542: 6 Relevant provisions of thisAct include Sections 11–13, which target public officialsin collusion with private contractors in bids made to thestate or public sector. For example, Section 11 states thatany official of a state agency or any person entrusted bya state agency who fraudulently designs, fixes the prices,prescribes conditions, or determines benefits that would6Annex 2 outlines the full text of the Act.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific

Implementation and En<strong>for</strong>cement Tools 99−−−per<strong>for</strong>ms duties in the capacity <strong>of</strong> a state <strong>of</strong>ficial with thepower to conduct supervision, control, inspection, orlegal proceedings;being a partner or shareholder in a partnership or companythat is a party to a contract made with a governmentagency where the state <strong>of</strong>ficial per<strong>for</strong>ms duties inthe capacity <strong>of</strong> a state <strong>of</strong>ficial with the power to conductsupervision, control, inspection, or legal proceedings;being a concessionaire or continuing to hold a concessionfrom the State, a state agency, a state enterprise,or local administration or being a party to a contract <strong>of</strong>a directly or indirectly monopolistic nature made withthe State, a government agency, a state agency, a stateenterprise, or local administration, or being a partner orshareholder in a partnership or company that is a concessionaireor shareholder in a partnership or companythat is a concessionaire or a contractual party in suchmanner;being interested in the capacity as a director, counsel,representative, <strong>of</strong>ficial, or employee in a private businessthat is under the supervision, control, or audit <strong>of</strong>the state agency to which the state <strong>of</strong>ficial is attached orwhere the state <strong>of</strong>ficial per<strong>for</strong>ms duties in the capacity <strong>of</strong>a state <strong>of</strong>ficial, provided that the nature <strong>of</strong> the interest <strong>of</strong>the private business may be contrary to or inconsistentwith public interest or the interest <strong>of</strong> the governmentservice or may affect the autonomy in the per<strong>for</strong>mance<strong>of</strong> duties <strong>of</strong> the state <strong>of</strong>ficial.• Act on Offences Relating to the Submission <strong>of</strong> Bids toState Agencies, B. E. 2542: 6 Relevant provisions <strong>of</strong> thisAct include Sections 11–13, which target public <strong>of</strong>ficialsin collusion with private contractors in bids made to thestate or public sector. For example, Section 11 states thatany <strong>of</strong>ficial <strong>of</strong> a state agency or any person entrusted bya state agency who fraudulently designs, fixes the prices,prescribes conditions, or determines benefits that would6Annex 2 outlines the full text <strong>of</strong> the Act.ADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific

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