The Office of the Election Commission of Thailand Clarifies Rules on Political Party Donations Through Online Channels

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The Office of the Election Commission hereby clarifies the legal requirements concerning donations to political parties made through bank transfers or online channels, in order to ensure that such donations are accepted in compliance with the Organic Act on Political Parties B.E. 2560 (2017), as amended, as follows:

1. Section 65: The political party shall announce monthly the list of persons who  donated money, properties, or any other benefits of the value as per specified by the  Commission but not less than five thousand baht, as well as the purpose of donation, to the  general public and shall also inform such to the Registrar under the forms, rules, methods and period of time specified by the Commission.

According to Section 122: Any person who does not comply with Section 65 shall be punished with a fine not exceeding fifty thousand baht and one thousand baht per day during the noncompliant period.

2. Section 66 Paragraph 2: No political party is permitted to accept the donation of money, properties, or any other of more than ten million baht value per year to a particular political party.

According to Section 125: Any political party who receives a donation of money, property, or any other benefits of the value exceeding the amount as specified in Section 66 Paragraph Two shall be punished with a fine not exceeding one million baht, and the court shall give an order to deprive the right to vote in elections of such political party’s leader and executive committee members for five years.

3. Section 67: The political party leader or any executive committee member of political party, committee member of political party branch, provincial political party representative, or member who has received donation of money, property, or any other benefits which the donor intended to donate for the political party’s activities operations shall issue and give the donor a receipt or an evidence of the receipt of such money, property, or any other benefits in writing as per the form specified by the Commission.

According to Section 122: Any person who does not comply with Section 65 shall be punished with a fine not exceeding fifty thousand baht and one thousand baht per day during the noncompliant period.

4.Section 72: No political party or person who holds position in political party is permitted to receive a donation of money, property, or any other benefits which is known or supposed to be known that its acquirement was unlawful, or which there is a reasonable suspicion that its source was unlawful.

According to Section 126: Any person who holds a position in political party and violates Section 72 shall be punished with imprisonment not exceeding three years or a fine not exceeding sixty thousand baht, or both, and the court shall give an order to deprive the offender’s right to apply as election candidate.

5. Section 74: No political party or member is permitted to receive a donation of money, property, or any other benefits from

1.  A non-Thai national.

2.  A  juristic person under foreign laws whose business or affairs is performed or whose branch was founded either inside or outside the Kingdom.

3.  A  juristic person founded in the Kingdom for which there is non-Thai national investing the capital or holding its shares of more than forty-nine percent.

4. A group of persons or a juristic person who received the capital or subsidy from overseas, whose business objectives are for the benefits of a non-Thai national or whose manager or director is a non-Thai national.

According to Section 128: Any member who violates Section 74 or any person who violates Section 75 or Section 76 shall be punished with imprisonment not exceeding ten years or a fine not exceeding two hundred thousand baht, or both. 

The Commission, when having believable evidence that any political party to perform any action that is an offense under  Section 72, or Section 74 shall file a petition to the Constitutional Court to dissolve such political party.

Further election-related information is available on the website of the Office of the Election Commission of Thailand at www.ect.go.th or through the ECT Hotline 1444.

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