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

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Implementation and En<strong>for</strong>cement Tools 111<strong>of</strong> an <strong>of</strong>fence or fails to exercise their powers and duties, whichworsened this problem. It is there<strong>for</strong>e appropriate that such actsare prescribed as <strong>of</strong>fences in order to suppress such acts as well asprescribe <strong>of</strong>fences and procedures <strong>for</strong> implicating political positionholders and State <strong>of</strong>ficials so as to enhance the efficiency <strong>of</strong> suchsuppression measures. It is thus expedient to enact this Act.Annex C: Act on Management <strong>of</strong> Partnership Stakesand Shares <strong>of</strong> Ministers B. E. 2543Below is the full text <strong>of</strong> the Act.Act on Management <strong>of</strong> Partnership Stakes and Shares <strong>of</strong> MinistersAct, B. E. 2543 (2000) BHUMIBOL ADULYADEJ, REX. Given on the1st Day <strong>of</strong> July B. E. 2543; Being the 55th Year <strong>of</strong> the Present Reign.His Majesty King Bhumibol Adulyadej is graciously pleased toproclaim that: Whereas it is expedient to have a law on management<strong>of</strong> partnership stakes and shares <strong>of</strong> Ministers;Whereas it is aware that this Act contains certain provisions inrelation to the restriction <strong>of</strong> rights and liberties <strong>of</strong> persons, in respect<strong>of</strong> which section 29, in conjunction with section 48 and section 50<strong>of</strong> the <strong>Co</strong>nstitution <strong>of</strong> the Kingdom <strong>of</strong> Thailand so permit by virtue<strong>of</strong> law; Be it there<strong>for</strong>e, enacted by the King, by and with the adviceand consent <strong>of</strong> the National Assembly, as follows:Section 1. This Act is called the “Management <strong>of</strong> Partnership Stakesand Shares <strong>of</strong> Ministers Act, B.E. 2543 (2000)”.Section 2. This Act shall come into <strong>for</strong>ce as from the day followingthe date <strong>of</strong> its publication in the Government Gazette [Note:published in the Government Gazette Vol. 117, Part 66a, dated 12thJuly, B.E. 2543 (2000)].Section 3. In this Act: “Minister” means the Prime Minister or anindividual Minister in the <strong>Co</strong>uncil <strong>of</strong> Ministers; “juristic person”means a juristic person entrusted by the Minister to managepartnership stakes or shares <strong>of</strong> Ministers under this Act; “NCCC”means the National <strong>Co</strong>unter <strong>Co</strong>rruption <strong>Co</strong>mmission.Section 4. A Minister shall not be a partner or a shareholder in apartnership or company or remain as a partner or shareholder in apartnership or company, except in the following cases:(1) in a limited partnership, a Minister may be a limited liabilitypartner in an amount not exceeding five percent <strong>of</strong> the total capitalin such partnership;ADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific

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