1. The ban on “conducting business”

According to article 126 of Organic Act BE 2561 of July 20, 2018 “On Countering Corruption” (hereinafter referred to as the Act on Countering Corruption) officials, their spouses, and the individuals with whom they cohabit and have a de facto marriage are prohibited from “conducting business”, in particular:

1. being a party to or having an interest in a contract, concluded with the public body, where the official holds a position, in the event that he/she is directly or indirectly involved in the control over, supervision and appraisal of or legal proceedings regarding this contract.
2. being a partner or shareholder in the partnership or company that has concluded a contract with the public body, where the official holds a position, in the event that he/she is directly or indirectly involved in the control over, supervision and appraisal of or legal proceedings regarding this partnership or company;
3. concluding a concession or monopoly agreement with the public body, where the official holds a position, or being a partner or shareholder in the partnership or company that has concluded the agreement in the event that he/she is directly or indirectly involved in the control over, supervision and appraisal of or legal proceedings regarding this agreement;
4. being a member of the board of governors, consultant, representative or employee of the private company which is under supervision or control of the public body, where the official holds a position, in the event that his holding a position in the private company may be or is contrary to the public interest, damages the public body or may affect the impartiality of the official in the performance of his/her duties.

Notification No. 22 of the NACC defines the list of officials that are subject to these restrictions:

1. public office holders: prime-ministers, ministers, senators, members of the House of Representatives;
2. top public officials: heads of ministries, sub-ministries and departments; governors of provinces; Permanent Secretary of Bangkok; members of the boards of governors and CEOs of public enterprises; heads of independent constitutional organizations; Secretary of the Senate; Permanent Secretary for Defence; commanders-in-chief and commanders; Commander of the Royal Thai Police; general secretaries of the Electoral Commission, the office of the ombudsman, the National Anti-Corruption and Human Rights Commissions, the registries of the Constitutional Court, the Court of Justice, the Administrative Court and the House of Representatives;
3. heads of municipal offices: the Governor of Bangkok, the Mayor of Pattaya, other mayors, presidents of regional and sub-regional administrations.

2. Restrictions on moving from public to private sector.

According to the provisions of article 127 of the Act on Countering Corruption, public office holders and top public officials, as well as civil servants, appointed by the National Committee, are not allowed to hold within two years after their dismissal the positions of member of the board of governors, consultant, representative or employee of the private company which is under supervision or control of the public body, where they held a position, if their holding/prospect of holding a position in the private company may be/may have been contrary to the public interest, damages the public body or may have affected the impartiality in the performance of their duties.

Notification No. 25 of the NACC defines the list of public officials subject to the abovementioned restrictions: it includes the same categories of individuals, listed in Notification No. 22, except for the heads of municipal offices.

3. The ban on getting material benefits.

Article 128 of the Act on Countering Corruption prohibits officials when holding a position and within two years after their dismissal from getting gratis property or other material benefits unless the acceptance of these benefits is allowed by law, is not contrary to the ethical standards and corresponds to the rules and the sum, set out by the NACC, and unless these benefits are offered by their relatives.

Notification No. 17 of the NACC sets the respective “rules and sum”: according to the document, officials may get gratis property and other material benefits offered by any persons in the event that:

• their value does not exceed 3,000 THB (around 100 USD);
• they are proceeds derived from the events targeting a wider audience (such as lotteries, for example).

In a situation where due to certain circumstances an official cannot refuse the benefit that does not fall under the specified exceptions, he/she must inform his/her superior about the fact of its acceptance according to the procedure established by law within 30 days from the date of having accepted it. If the superior decides that the official did not have a good reason for accepting the benefit, the latter must give it back to the individual who provided it, or hand it over to the respective public body if it is impossible to return it.

In addition, Notification No.17 of the NACC explains a number of notions of article 128 of the Act on Countering Corruption:

• “the acceptance of property and other material benefits which is not contrary to the ethical standards” means their acceptance on the occasion of a holiday, as an expression of gratitude, condolence, welcome or other rules of social etiquette;
• “other material benefits” mean any benefits whose value can be quantified in monetary terms, for instance, discounts, services, payment of entertainments and education, etc.;
• “relatives” mean one’s own and adopted children, siblings, uncles and aunts, spouses, as well as parents and children of the spouses.