New rule affirming the “provision or acceptance of present coverage” for governmental officers
The “provision or acceptance of present coverage” is a key compliance precept within the governmental sector, as mirrored in a number of key items of laws. On 13 January 2023, the Workplace of the Prime Minister issued the Regulation on the Provision or Acceptance of Reward of Governmental Officers, B.E. 2565 (2022) (“Provision or Acceptance of Reward Coverage Regulation“), which got here into impact on 14 January 2023. This regulation updates and strengthens the coverage on the supply or acceptance of presents for the governmental sector. The regulation applies to all authorities officers, together with however not restricted to officers, employees, and workers of presidency companies and state-owned enterprises.
What are thought of presents?
Any precious property or advantages, whether or not tangible or intangible, are thought of presents. This contains bodily presents in addition to reductions, particular coaching, leisure, meals, journey, lodging, digital property, advance funds, and so forth. (Notice that this record isn’t exhaustive).
The Provision or Acceptance of Reward Coverage Regulation gives strict coverage ideas for presidency officers to adjust to. Some key ideas embody:
|•||Authorities officers and their relations are prohibited from offering presents to their supervisors or their relations until it’s in accordance with social custom and throughout the prescribed threshold.
|•||Supervisors and authorities officers should not settle for presents from different authorities officers and their relations, or permit their very own relations to take action, until it’s in accordance with social custom and throughout the prescribed threshold.
|•||Supervisors and authorities officers should not settle for presents from individuals who’re concerned within the efficiency of their official duties, or permit their very own relations to take action, until it’s (i) in accordance with the social custom and throughout the prescribed threshold, (ii) an acceptance of the present that’s the respectable property or advantages derived underneath the regulation, or (iii) the present is given on an “moral foundation” as outlined underneath the Act Supplementing The Structure Relating To The Prevention And Suppression Of Corruption, B.E. 2561 (2018).|
Violation by enterprise operators
Authorities officers who violate the Provision or Acceptance of Reward Coverage Regulation might be topic to self-discipline or might be thought of as noncompliance with the Authorities officers’ Moral Code. Enterprise operators must also take this regulation into consideration as tips for his or her compliance administration, despite the fact that it solely prescribes obligations for governmental officers.
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