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

Implementation and Enforcement Tools 105His Majesty King Bhumibol Adulyadej is graciously pleased toproclaim that: Whereas it is expedient to have a law on offencesrelating to the submission of bids to State agencies;Be it therefore, enacted by the King, by and with the advice andconsent of the National Assembly, as follows:Section 1. This Act is called the “Act on Offences Relating to theSubmission of Bids to State Agencies, B.E. 2542 (1999)”.Section 2. This Act shall come into force as from the day followingthe date of its publication in the Government Gazette [Note:Published in the Government Gazette Vol. 116, Part 120a, dated29th November, B.E. 2542 (1999)].Section 3. In this Act: “bid” means the submission of a proposalwith the object of acquiring the right to enter into a contractwith a State agency pertaining to a purchase, hire, exchange,lease, asset disposal, concession or receipt of other rights; “Stateagency” means a Ministry, Sub-Ministry, Department, provincialadministration, local administration, State enterprise or other Stateagencies or agencies exercising functions of the State under thelaw and receiving contributions or investment properties from theState; “political position holder” means:(1) Prime Minister;(2) Minister;(3) member of the House of Representatives;(4) Senator;(5) other political officials other than (1) and (2) under the law onrules of political officials;(6) National Assembly officials of the political division under the lawon rules of National Assembly officials;(7) local administrators and members of the local assembly.“NCCC” means the National Counter Corruption Commission.Section 4. Any person who bids in collusion with others with the objectof conferring a benefit to any such persons in the form of a right toenter into a contract with a State agency, by avoiding fair competitionor by creating barriers to the offer of other products or services to aState agency or by acquiring an advantage over a State agency in amanner which is not congruous with normal business practice, shallbe liable to imprisonment for a term not exceeding three years anda fine of fifty percent of the highest bid price submitted by the jointoffenders or of the value of the contract that has been entered intowith the State agency, whichever is the higher.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific