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

Implementation and Enforcement Tools 103Annex A: Conflict-of-Interest Bill under Consideration by theGovernment of ThailandThe Essence of the Draft Bill on Conflict of Interest Proposed by theThai GovernmentThe Thai Government led by General Surayud Chulanont was installed inthe aftermath of a military coup in September 2006. This administrationwas charged with the specific task of fighting corruption, which wasrampant in the previous government and a primary cause of its downfall.In cooperation with the present National Counter Corruption Commission(NCCC), installed also right after the coup, the Government will do all itcan to reduce or eradicate corruption in the public sector of Thailand.As mentioned elsewhere, the offenses stemming from conflict ofinterest in official duties are already stipulated in the Organic Law on thePrevention and Suppression of Corruption, B. E. 2542. The Governmentunder General Surayud intends to bolster these provisions with an addedimpetus, to stimulate the anti-corruption efforts of his government.Therefore, a new draft bill on conflict of interest has been proposed. Thegoal is to enact it into law before the term of this government ends atthe end of 2007, when elections will be held and a new government willbe formed.As of July 2007, this bill was being scrutinized by a select committeein the National Legislative Assembly. It contains only 18 sections. Theessence of the important sections of this bill is as follows.Section 3: This section defines state officials in the usual ways to includeanyone who has received regular payments or compensation from thegovernment budget. The revision includes a new definition of “spouse”to mean de facto husband or wife, and “relatives” to mean the threegenerations in relation to the official in question and those of the official’sspouse as well.Section 5: This is the main section that defines the nature of criminaloffenses or corrupt practices under this prospective act. There are fivecategories of offenses, as follows:• The usual offenses under Sections 100, 101, and 103 of theOrganic Law on Anti-Corruption, which include any state officialwho is a party to or has interest in a contract in which he or shehas supervision, control, or inspection power, or has receivedproperty or other benefits within two years after leaving his orher job;• Corrupt use of information that the state official has whileperforming his or her official duty;ADB/OECD Anti-Corruption Initiative for Asia and the Pacific