D. Key Findings and Follow-up for BAHTNET
General Organization (Principle 1–3)
9. The BoT has a well-founded, clear, transparent, and enforceable legal and regulatory
framework governing the operations of BAHTNET and its participants' rights and obligations.
The BoT Act (B.E. 2485, C.E. 1942), the Payment Systems Act (B.E. 2560, C.E. 2017), and the relevant
regulations articulate the legal basis for BAHTNET to participants and the public in a clear and
understandable way. The rules and regulations are enforceable and in accordance with the relevant
acts. The Payment System Act, effective since April 16, 2018, provides an explicit basis for settlement
finality (section 9), collateral protection (section 10), and default management (section 8). The BoT
Regulation for Electronic Financial Services covers BAHTNET services, ILF, and SRS. The BoT has
articulated its legal basis by placing the relevant acts and regulations on its payment systems
webpage. The FSAP team suggested to get a legal opinion to verify the enforceability of the netting
arrangements in judicial and administrative insolvency proceedings and avoid the unwinding of net
positions of retail payment systems. The BoT legal services provided a legal opinion stating that
multilateral netting is covered in case of SIPS.
10. The BoT has an explicit commitment towards payment systems stability, as stated in
section 7 of the BoT Act. The BAHTNET Services Regulation (B.E. 2549, C.E. 2006), article 2,
mentions that BAHTNET reduces risks by settling transactions with finality and irrevocability through
Real Time Gross Settlement system. BAHTNET has a sound, comprehensive, well documented, and
tested framework for the management of risks. Risk management decisions related to BAHTNET are
taken by or reported to the PSC, the ultimate decision-making body. The ERMD provides guidelines
for the BAHTNET risk management framework, and the internal Audit department audits the
operation of BAHTNET. A consultative committee of participants in BAHTNET, the BAHTNET
Advisory Group, has been established. The committee meets at least twice a year to discuss various
issues relating to risk management, business procedures, standardization of IT systems, and fees.
When the BoT changes its major policies with respect to payment and settlement systems, it must
notify the relevant institutions in advance and collect their opinions. The revised policy changes are
placed on the website of the BoT and are also notified to the participants. The changes are also
reflected in the oversight report placed on the website of the BoT.
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