What is Designated List?

788 Views  | 

What is Designated List?

 What is Designated List?

        Designated Person means a person, group, legal persons or entities, listed as designated persons pursuant to a resolution of, or notification issued under the United Nations Security Council as having an act of terrorism or proliferation of weapon of mass destruction which were notified by the Office, or a person, group, legal persons or entities who were designated by Court order the Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing Act B.E. 2559 (2016).

Designated persons may be divided into 2 types of supporters of serious crimes, namely:

  • Financial supporter of terrorist act means a person who provides or collects funds or conducts a financial or asset transaction or act in any way to commit terrorist act or with the knowledge that the beneficial person of that financial or asset transaction is a designated person or with the intention that the funds or asset are to be used in support of whatever activity of a designated person.

(Terrorist act means (1) any act which constitutes an offense related to terrorism under the Penal Code (Section 135/1 to 135/4), or (2) any act which constitutes an offense within the scope of international conventions and treaties related to terrorism, to which Thailand is a party or acceded, whether such act is committed inside or outside the Kingdom)

  • Financial supporter of the proliferation of weapons of mass destruction means a person who provides or collects funds or conducts a financial or asset transaction in any way to proliferate weapons of mass destruction or with the knowledge that the beneficial person of that financial or asset transaction is a designated person or with the intention that the funds or asset are to be used in support of whatever activity of a designated person.

(Weapon of mass destruction means nuclear, biological, chemical or other weapons which cause serious harm to human lives, animal, plant or environment similar to such weapons, including means of delivery, component or equipment of such weapons)

Actions to be taken found that a customer or a person who has made a transaction is a “designated person”

          In the event that the person responsible for reporting (in this case, meaning the person responsible for reporting transactions under the Anti-Money Laundering Act, which includes financial institutions and professionals under Section 16 of the Anti-Money Laundering Act B.E. 2542) finds that a customer or a person who has made a transaction is a “designated person” or in the event that any person knows that he or she is in possession of the assets of a “designated person”, he or she will have the following legal duties:

  • “Freeze the operation on the assets” of the designated persons or a person acting on behalf of, or at the direction of, or an undertaking owned or controlled by such persons, directly or indirectly. By freezing the operation on the assets, it means prohibiting the transfer, sale, removal or sale of the assets, or change the use of the property or do anything to the property that will affect the amount, value, quantity, location or characteristics of the property.

  • Report information about the frozen asset operations to the AMLO office within 10 days from the date of suspension.

  • Inform the AMLO office about the customer or former customer who is listed as a designated person or who has or had conducted transactions with such a person and notify the AMLO office within 10 days from the date of finding that information.

Note: The above information notification forms, named Form Por Kor 03 and Por Kor 04, can be downloaded at https://ses6.amlo.go.th/downloads/index/1

 

Powered by MakeWebEasy.com