COOPERATION BETWEEN THE NACC AND THE CENTRALAUTHORITY (THE ATTORNEY GENERAL) IN A CROSS-BORDERCORRUPTION CASE
Sunanta Jampa-ngoen

I.

*THE NATIONAL ANTI-CORRUPTION COMMISSION

The National Anti-Corruption Commission (NACC) is the Constitutional IndependentOrganization that responds to prevent and suppress corruption that involves State officials. 1
The NACC has the following powers and duties:
1.

To investigate facts, summarize cases and to submit opinions to the Senate forremoval from office.

2.

To investigate facts, summarize cases, and refer cases to the Attorney General forthe purpose of prosecution before the Supreme Court of Justice’s Criminal Division
for Persons Holding Political Positions.

3.

To investigate and determine whether Persons Holding Political Positions and state
officials have become unusually wealthy, in which case his or her assets shall beforfeited (devolve to the State).

4.

To investigate and decide whether a person holding a political position or a State
official holding a position starting from a high-level executive or government
official holding a position starting from a division director has become unusuallywealthy or has committed an offence of corruption, malfeasance in office ormalfeasance in judicial office, or a related offence, including to take action against aState official or government official holding a lower-level position who has jointly
committed an offence with the person holding such position or with a person holdinga political position, or who has committed an offence in such a manner that theNACC considers an action appropriate as provided by the NACC.

5.

To verify the accuracy and actual existence of, as well as changes in, assets andliabilities of Persons Holding a Political Position and State officials who summit
accounts showing particulars of assets and liabilities under Chapter 3, Inspection ofAssets and Liabilities.

*Corruption Suppression Officer, Bureau of Public Sector Corruption Inquiry 2, the Office of National AntiCorruption Commission (ONACC).
1
State official means a person holding a political position, Government official or local official assuming aposition or having permanent salaries, official or person performing duties in a State enterprise or a State agency,
local administrator and member of a local assembly who is not a person holding a political position, official
under the law on local administration and shall include a member of a Board, Commission, Committee or of a
sub-committee, employee of a Government agency, State enterprise or State agency and person or group ofpersons exercising or entrusted to exercise the State's administrative power in the performance of a particular act
under the law, whether established under the governmental bureaucratic channel or by a State enterprise or otherState undertaking.

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6.

To monitor and administer the morality and ethics of persons holding politicalpositions.

7.

To take action relating to foreign affairs and become a center for international
cooperation for the benefit of counter corruption so as to be in conformity with theinternational legal obligations and agreements pertaining to counter corruption.

II. COOPERATION BETWEEN THE NACC AND THE CENTRAL AUTHORITY
In cases of international cooperation, 2 the NACC is the national authority for exchangeof information about corruption and to work together with other agencies or entities in bothThailand and other countries. The cooperation between the NACC and other countries isthrough informal channels, which parallel the formal channels of Mutual Legal Assistance by
the Central Authority. 3III. A REAL CROSS-BORDER CORRUPTION CASE
The NACC and the Central Authority work together to fight international corruption. An
example of a real case that shows this cooperation is the case of “The Greens” (the bribery on
the annual Bangkok International Film Festival (BIFF)). In this case, the FBI 4 requested theDSI5 to investigate the matter. The DSI, not being authorized to handle the case under Thailaw, handed it over to the NACC (through informal channels) which consequently establisheda dedicated sub-commission. On the other side, the US Government’s requests forinvestigative assistance from Thailand under the Treaty between the Government of theKingdom of Thailand 6 and the Government of the United States of America on Mutual
Assistance in Criminal Matters. The purpose of the US Government’s request was to confirm
the creditability of fact-finding (through formal channels)
To fulfill this role, the NACC informed the Department of Justice that it would send adelegation to observe the trial, which represented a unique opportunity to discuss thepotential for further cooperation with the US side. In addition to cooperation throughinformal channels, the NACC also submitted a formal Mutual Legal Assistance Request
through the Office of the Attorney-General, Thailand’s central authority, asking forassistance in providing the NACC with all documentary evidence referred to and used in thetrial, which had been processed by the US Department of Justice. After indictment, theprosecution of the case led to the conviction of the offenders by the U.S. court.
This success is also significant to Thailand too, because the undercover corruption of ahigh-ranking official was revealed, which led eventually to the resignation of the former
Governor of TAT and the initiative of investigation of the scandal by the NACC. Now thiscase is still in process in the working committee between the representatives of the NACC
and the Attorney General under section 97 of The Organic Act on Counter Corruption
B.E. 2542 (1999).
2

The Organic Act on Counter Corruption B.E. 2542 (1999) amended by (No. 2) B.E. 2554 (2011) Section 19(14).
3The Attorney General or the person designated by him.
4The Federal Bureau of Investigation.
5
The Department of Special Investigation.
6
Actually this means the Central Authority (the Attorney General or the person designated by him).

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