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In brief

It is important that business operators develop measures to prevent money laundering and comply with the Money Laundering Control Act, B.E. 2542 (1999) (“Act“).
 
In this article, we will discuss the obligations of business operators to report transactions that meet the monetary thresholds set by the Anti-Money Laundering Office (AMLO) or where there are any suspicious transactions as stipulated under the Act.


Contents

  1. We Can Help

It is worth noting that the aforementioned reporting obligations apply not only to financial institutions but also a number of other businesses which relate to financial transactions as prescribed under the Act.
 
Apart from financial-related businesses, other types of businesses may also have specific reporting obligations under the Act due to the nature of the business (e.g., businesses which trade in gems, precious stones, or gold, or jewelry incorporating gems, precious stones or gold, and businesses involved in trading or the hire-purchase of automobiles).
 
Failure to comply with the required reporting obligations under the Act may lead to penalties including criminal fines.
 
It is therefore important for business operators to review whether their business (including the specific transactions undertaken in such businesses) will be subject to the reporting obligations under the Act.
 
Business operators who are subject to the reporting obligations under the Act may wish to put in place a specific anti-money laundering policy in order to ensure that its management and employees will understand and comply with the requirements of the Act including the applicable reporting obligations.
 
In our next article, we will discuss other requirements under the Act.

We Can Help

Baker McKenzie has the experience and international coverage to help you devise and implement a compliance program or fill in the gaps of your existing program. Our compliance team is prepared to work with all the critical participants in your corporate compliance effort. We take pride in our ability to work together with clients to anticipate, manage and resolve issues, to provide practical advice and to serve as the “trusted advisor” to management and boards of directors of a wide variety of corporate clients. We work with clients to help ensure their brand, reputation and enterprise are protected and positioned to create additional value.
 
With a renowned global network and professionals on the ground in 17 cities in Asia Pacific alone, we can handle all your compliance needs, regardless of whether they require a local, regional or global perspective.

Author

Yuthana Sivaraks joined Baker & McKenzie in 1995 and became a partner in 2004. Prior to working with the Firm, he served as a judge advocate in the Royal Thai Navy. He is currently a member of various practice groups in the Bangkok office, including those for IT/Communications, Intellectual Property and Corporate & Commercial. In addition to practicing law, Mr. Sivaraks is an active visiting lecturer on IT, telecommunications, intellectual property and trade competition law for a number of Thai universities and institutions.

Author

Praween Chantanakomes is an associate at Baker & McKenzie’s Bangkok office. He was admitted in 2008. He is currently active in the Corporate & Commercial, Mergers & Acquisitions, Environment, Natural Resources, and Pharmaceuticals practice groups.

Author

Haruthai Chaisanee is an Associate in Baker McKenzie Bangkok office.

Author

Mallika Tubtim is an Associate in Baker McKenzie Bangkok office.

Author

Pongtorn Jittapinijmas is an Associate in Baker McKenzie Bangkok office.

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