THAILAND
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INTERNATIONAL MONETARY FUND
safety and soundness concerns for banks. In the areas where the BoT recommends and the MOF
approves (licensing, revoking a license, and approving non-Thai shareholders and directors), there
have been no instances where the MOF has not followed the BoT’s recommendations.
26. The current mix of roles in SFI supervision and regulation between the MOF and the
BoT increases BoT’s reputational risk as a result of potential political interference that could
spill over to its role as the regulator and supervisor of banks. There
are eight SFIs in Thailand,
each with a different mandate assigned by its founding law. Four SFIs are deposit-taking
institutions
and comply with the definition of a commercial bank in accordance with FIBA. The SFIs are regulated
and supervised by the BoT with extensive involvement of the State Enterprise Policy Office (SEPO) as
owner and the FPO as policy maker. The MoF has delegated large parts
of supervision to the BoT
but not the corresponding powers to take corrective action against problems in SFIs or to set
legally
binding SFI regulations without ministerial approval. This incomplete transfer of responsibilities
exposes the BoT to reputational risk that could affect its role as regulator and a supervisor of banks.
27. FIBA provides a framework for the BoT to set minimum enforceable prudential
standards for banks and banking groups as well as guidance to clarify good practices. The BoT
issues banking notifications that are subordinate legislation of FIBA and considered as law. The BoT
guidance is not considered as law since the BoT issues it without referring to a statutory provision.
Guidance is usually released to apply industry best practice in areas such as risk management. Thai
banks have not challenged the non-binding nature of the BoT’s guidance and have complied with all
orders and recommendations imposed by the BoT examiners based on this guidance. To better
explain its policy positions and further strengthen its standing in the international supervisory
community, the BoT should publish more comprehensive response papers to public consultations
on important notifications instead of, or in
addition to, attaching brief questions and answers to the
notifications.
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