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

104 Managing Conflict of Interest• Corrupt use of state properties for his or her personal gain or thegain of others who have no rights to the properties;• Initiation, proposal, or preparation of a state project withthe intention of profiting from such project either directly orindirectly (where the state official or a third party benefits orprofits); and• Corrupt use of the power that this state official has to interferewith independent decisions of other state officials in charge,either directly or indirectly.Section 6: Anyone who is found to benefit from the offenses committedby state officials under Section 5 is deemed to be the accomplice of thatstate official, and will receive the same penalty unless this accomplicecan prove that he or she has no knowledge of the action of that stateofficial. This section aims to ensure that any knowing “nominee” of theoffending state official will not escape punishment.Section 11: Any state contract—civil or administrative—administered bya state official that is found to violate conflict-of-interest provisions willbe declared null and void. This provision aims to deter acts of collusionbetween corrupt officials and contractors.Section 12: The public can file a petition to the NCCC to stop projectsor contracts in violation of conflict-of-interest provisions. This provisionexpands the current law, which at present allows only 50 members ofParliament or 5,000 members of the electorate or 2 ombudsmen to filepetitions.Section 13: The NCCC will be empowered to implement this prospectiveAct once it comes into force. A special division will be set up with theNCCC to monitor, advise, and provide counsel to the public and otherstate officials on compliance with this Act. These efforts will include acampaign to help instill high standards of ethical behavior to help publicofficials avoid conflict-of-interest violations.Annex B: Act on Offences Relating to the Submission of Bidsto State Agencies, B. E. 2542Below is the full text of the Act on Offences Relating the Submission ofBids to State Agencies B. E. 2542.Act on Offences Relating to the Submission of Bids to StateAgencies, B. E. 2542 (1999) BHUMIBOL ADULYADEJ, REX. Givenon the 19th Day of November B.E. 2542; Being the 54th Year of thePresent Reign.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific