Bribery has been a constant source of frustration for conducting businesses in Thailand and a major obstacle for the country’s development. According to PwC’s 2014 Global Economic Crime Survey, bribery and corruption is significantly higher in Thailand (39%) compared to the Asia Pacific (30%) and globally (27%). The Thai Government has been tackling the issue by enacting an anti-corruption law in 1999, called the Organic on Counter Corruption B.E. 2542 (OACC).
However, in the past, the OACC applied to only Thai government officials, while a number of bribery cases would undoubtedly involve private parties. Therefore, the government amended the law in 2015 to become OACC (No. 3) B.E. 2558 (2015). Under the amended law, a legal entity, such as a corporation can be liable for bribery if the associated person is the actual bribe-giver, if the bribery was committed for the entity’s benefits, and if the entity failed to implement ABMS as an internal control measure.
According to the law, associated person includes representatives, subsidiary, employees, agents, or any person acting for or on behalf of the Thai or foreign entity. The corporate would risk criminal liability even if its associated person acted without the corporate’s authorization. A corporate may only have an affirmative defense to an allegation of bribery if it can prove that proper ABMS had been implemented. To comply with the law, a corporation operating in Thailand should implement ABMS and circulate a clear anti-fraud policy to its associated person.
Integrity is ready to assist you in setting up your own Anti-Bribery Management System. Integrity will also provide support for the implementation of the Anti-Bribery Management System’s standards.