Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
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100 <strong>Managing</strong> <strong><strong>Co</strong>nflict</strong> <strong>of</strong> <strong>Interest</strong><strong>for</strong>m the standard in the bid process with the object <strong>of</strong>preventing fair bid competition, or in order to assist anybidder in unfairly obtaining the right to enter into a contractwith a state agency, or in order to prevent other biddersfrom fairly competing in the bid process, shall beliable to imprisonment <strong>for</strong> a term from five years to twentyyears, or life imprisonment and a fine from 100,000 baht to400,000 baht.• Act on Management <strong>of</strong> Partnership Stakes and Shares <strong>of</strong>Ministers, B. E. 2543: 7 The main thrust <strong>of</strong> this Act is to ensurethat government ministers do not have conflicts <strong>of</strong> interestin the management <strong>of</strong> any company whose stocks or sharesthese ministers own. For example, Section 4 <strong>of</strong> this Act stipulatesthat a minister shall not be a partner or a shareholderin a partnership or company or remain as a partner or shareholderin a partnership or company if that minister’s stocksand shares exceed 5%. If the minister would like to receivebenefits and become a partner or a shareholder and ownmore than 5%, he or she must in<strong>for</strong>m the president <strong>of</strong> theNCCC and transfer his or her stocks and shares to a juristicperson to relinquish direct control and thus avoid apparentconflict <strong>of</strong> interest.While the above laws appear to provide appropriate measuresto prevent conflicts <strong>of</strong> interest in the public sector, NCCC has rarelybeen able to en<strong>for</strong>ce these laws. The NCCC has been encumberedby a large backlog <strong>of</strong> corruption and malfeasance cases, whichmakes it difficult to focus specific attention on conflict-<strong>of</strong>-interestissues. However, these circumstances appear to be changing, as thecurrent <strong>Co</strong>mmission redefines its work plan.The Way Forward in Thailand: NCCC’s Proposed Agendaand InitiativesThe NCCC is now changing its work program to accommodateheightened interest in conflict <strong>of</strong> interest as a cause or <strong>for</strong>m <strong>of</strong> corruption.The following initiatives are now under consideration:7Annex 3 includes 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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