Chapter 4
Machinery, Raw and Essential Materials
*Section 38. The Board shall have the power to order the
Department of Customs to release to the applicant who has confirmed
the acceptance of promotion under section 21 or to the promoted person,
as the case may be, all machinery, raw or essential materials ordered or
imported into the Kingdom and entitled to exemption or reduction of
import duties under this Act by treating a bank guarantee issued by a
commercial bank in the Kingdom as a cash deposit against the payment
of import duties and/or business taxes.
*Section 39. In the case where the promoted person is unable to
comply with the conditions relating to the import of machinery, or to the
exemption or reduction of import duties on machinery prescribed in the
promotion certificate and the Board is of the opinion that there are
suitable grounds to amend the conditions, the Board shall have the
power to make amendments thereto, if such machinery has been
imported under the due process of law on customs, the Board may make
the amendments retroactive to the date of its import, regardless of
whether the import is made before or after the date of enforcement of this
Act.
9Section 40. Within the period prescribed by the Board, which
shall not be less than five and not more than fifteen years, the promoted
person is prohibited to:
(1) use the machinery on which he has been granted the
exemption or reduction of import duties is granted for any
purpose other than that of the promoted activities of the
promoted person, or to allow any person to use such
machinery;
(2) move the factory or place of operation to any locality other than
that prescribed in the promotion certificate.
Such prohibition shall not apply to the case where permission is
granted by the Board under section 41.
Section 41. The Board shall have the power to permit a promoted
person to mortgage, sell, transfer, lease, use for other purposes, or to
allow other persons to use the machinery on which the exemption or
reduction of taxes or duties is granted under section 28 or section 29, or
to move the factory or place of operation to other locality.
The permission may be made in writing or by amending the
promotion certificate; and the conditions and details of such permission
may be stipulated therein.
The law on customs tariff shall not apply to the promoted person
receiving permission from the Board under the Act unless the Board shall
otherwise specify. In such a case, the law on customs tariff shall apply
only in so far as it is not contrary thereto or inconsistent therewith.
Section 42. In the case where a promoted person has mortgaged
machinery on which the exemption or reduction of taxes and duties is
granted and the mortgagee who is not a promoted person forecloses the
mortgage before the expiration of the period prescribed by the Board
under section 40, the law on customs tariff shall apply to the mortgagee
as if he were the importer who ceases to be entitled to exemption or
reduction of taxes and duties on the machinery from the date of transfer.
Chapter 5
Guarantees and Protection
Section 43. The State shall not nationalize the activity of the
promoted person.
Section 44. The State shall not undertake a new activity in
competition with the promoted person.
Section 45. The State shall not monopolize the sale of products or
commodities of the same kind as, or similar to those produced or
assembled by the promoted person.
Section 46. The State shall not impose the price control on the
products or commodities of the promoted activity except when it is
necessary for the economic and social development and for the security
of the country but in no case shall the controlled prices be lower than
those which the Board deems appropriate.
Section 47. The promoted person shall be granted permission to
export products or commodities of the promoted activity at all times
except when it is necessary for the economic and social development and
for the security of the country.
10Section 48. The State shall not allow any government agency,
government organisation or state enterprise to import into the Kingdom,
with import duties exempted any kind as those being produced or
assembled by the promoted person, which are comparable in quality
therewith and are available in sufficient quantity to be acquire for its use.
The provision of paragraph one shall not apply to munitions under
the law on control of military munitions for use in the service of the
Ministry of Defence
Section 49. In the case where it is necessary to protect the
activity of the promoted person the Board shall have the power to impose
special fees for the import into the Kingdom of products or commodities
of the same kind as, similar to, or substitutable with those produced or
assembled by the promoted person at the rates the Board considers
appropriate but not exceeding fifty percent of the prices of such imported
products or commodities, inclusive of overseas insurance and freight
charges.
The imposition of special fees under paragraph one shall be
announced in the Government Gazette and shall be effective each period
not more than one year from the day following the date its publication in
the Government Gazette.
The Board shall have the power to make by publishing in the
Government Gazette an amending or cancellation of the announcement
made under this section at any time it deems appropriate.
In the case where there is a question whether or not the product or
commodities imported into the Kingdom are subject to the special fees in
accordance with the announcement of the Board, the Board shall have
the power to decide it and the decision of the Board shall be final.
The collection of special fees for the import under this section shall
be the power and duty of the Customs Department and law on customs
shall apply mutatis mutandis as if the special fees for the import were the
import duties under the law on customs tariff.
In the case where the Board decides that such products or
commodities are not subject to the special fees and person has paid the special fees therefore, the Department of Customs shall refund the fees to
such person.
Section 50. In the case where the Board is of the opinion that the
imposition of special fees under section 49 is inadequate for the
protection of the activity of the promoted person, the Ministry of
Commerce shall ban the import into the Kingdom of products or
commodities of the same kind as, similar to, or substitutable with those
produced or assembled by the promoted person in accordance with the
law on the control of export and import into the Kingdom of certain
goods.
Section 51. In the case where the promoted person encounters
any problem or obstacle in the course of carrying out the promoted
activity and lodges his complaints to secure the assistance of the Board,
the Chairman shall have the power to render any appropriate assistance
or to order the related government agencies, government organisations,
or state enterprises to proceed with the assistance without delay.
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(Source: BOI : The Board of Investment of Thailand)
7 Amended by Amendment Act (No. 2) B.E. 2534 (A.D. 1991) |
