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New Rules Allowing “Giving and Receiving Gifts” to Public Officials
“Giving or Receiving Gifts Policy” is an important compliance principle in government departments as reflected in several important laws. On 13 January 2023, the Prime Minister’s Office passed Regulation BE 2565 (2022) on Giving or Accepting Gifts of Public Officials (“Providing or Receiving Gift Policy Provisions“), effective January 14, 2023. This rule updates and enhances policies regarding the giving or receiving of gifts to government departments. , applies to all government employees, including but not limited to employees.
What are gifts?
Any valuable property or benefit, whether tangible or intangible, is considered a gift. This includes physical gifts as well as discounts, special training, entertainment, meals, travel, accommodations, digital assets, advance payments, etc. (This list is not exhaustive. (note that there is no
main principle
The provision or acceptance of the Gifts Policy Statement establishes strict policy principles with which Government Officials must adhere. Some key principles are:
| • | Civil servants and their family members are prohibited from giving gifts to their superiors or their family members, except in accordance with social customs and within prescribed limits. |
| • | Supervisors and Government Officials must not accept gifts from other Government Officials and their family members or allow their own family members to do so. |
| • | Supervisors and government officials should not accept gifts from anyone involved in the performance of their official duties or to their own family members unless: ii) the receipt of a gift that is a legitimate property or benefit obtained under law; or BE 2561 (2018) if offered. |
Violation by business
Any government employee who violates the provision or acceptance of the Gifts Policy Regulations will be subject to disciplinary action or be deemed to be in violation of the Government Employee Code of Ethics. Although it stipulates the obligations of civil servants, please refer to it as a guideline for compliance management of business operators.
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