New
Witness Protection Law
16 December 2003 |
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The
new witness protection law came into effect in late
December 2003. The law is intended to provide fair
and appropriate treatment to witnesses and pay them
for expenses incurred during the3 court hearing process.
The law is intended to assist the prosecution of powerful
and influential persons, but the details of payment
under the Act are still being completed. Under the
Act, witnesses in cases involving money laundering,
drugs, corruption and organized crime are eligible
for special protection. The Act also provides for
compensation to the witness's family in the event
the witness is killed or injured. Protection may also
be available to the witness's family and close associates.
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Lawyers
Oppose New Scheduling System
14 December
2003 |
New
Rules introduced by the judiciary mandate the scheduling
of trials on consecutive days. This change was made
in hope that the scheduling of trials would be made
more speedy and effective. In the past, trials were
typically scheduled one day at a time and protracted
to span several months or years with multiple one-day
appearances.
The
Law Society of Thailand, which is the organization
representing the lawyers of Thailand believes that
the changes introduced to the scheduling system violate
certain fundamental human rights and also violates
the Constitution. The Law Society has filed a petition
to the president of the Supreme Court objecting to
the change in the scheduling procedure.
At
the center of the controversy is that under the new
procedure the authority for scheduling trials is vested
in an administrative office charged with the task
of designating court scheduling. Under the former
system the scheduling of trial dates was with the
judges. The Law Society believes that the power should
be returned to the judges. It is also unclear whether
the new system will actually speed up trials. Some
believe that the new system will only speed up certain
cases but not all cases.
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Update
on Biodiversity Law
3 December 2003 |
Thailand
became a signatory to the United Nation's Convention
on Biodiversity in 1992. As a result of the Convention,
equal access to environmental resources was allowed
and Thailand then introduced the Law on the Protection
and Prevention of Thai Intelligence and Traditional
Medicine in 1999. Although Thailand Plant Protection
Law is currently in effect, there has been no list
describing the particular plants that are to be protected
by the Law. The Law states that plants listed in the
protection list would be required to be cultured and
maintained in nurseries if they were near extinction
and that any export of said plants would require official
permission.
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Hire
Purchase Law Looming
2 December 2003 |
The
Commerce Ministry is currently preparing draft legislation
to provide more protection to purchasers involved
in hire-purchase sales. The legislation will cover
areas such as interest rates, installment payments,
maximum amounts and terms of payment. The reason for
he new law is increased use of hire-purchase contracts
anticipated and the absence of clearly applicable
legislation in the current Civil and Commercial Code.
The legislation is intended to cover transactions
that involve the purchase of products by installment
purchase where ownership is transferred after a certain
number of payments.
Under
the Acts sellers may be held liable for criminal or
civil penalties for violation of the Act.
The
list of products to be covered includes: motorcycles,
automobiles, agricultural machinery, electrical appliances,
furniture, mobile phones, kitchenware and computers.
It is forecasted that the hire purchase market will
amount to 40 billion baht this year alone.
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Guarantee
for Creditors Lifted
5 November 2003 |
Since
the economic crisis of 1997, a unit of the Bank of
Thailand, the Financial Institutions Development Fund
had provided a blanket guarantee on the deposits in
local banks and finance companies. The objective of
the 1997 guarantee arrangement was to provide consumer
confidence in Thailand's financial system. In reponse
to the apparent recovery of the Thailand financial
system, the government has prosposed the lifting of
the guarantee. The lifting of the guarantee would
also include the removal of the surcharges charged
to each bank by the government for the protection
provided.
A
government spokesman has stated that the Cabinet has
approved the central bank's proposal to revoke the
guarantee and lift the surcharge assessed on the local
banks.
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Funds
May Be Drawn from Provident Funds
27 May 2003 |
Under
revised provisions of Provident Fund law, employees
may take up to 50% of the total savings of Provident
Funds in the event of an emergency. Employers, however,
would be charged with administering the provisions
of the Act. The earlier version of the Act did not
allow employees to withdraw funds prior to their retirement.
The Securities and Exchange Commission is the organization
charged with reviewing the law. Under the revisions,
an employee would also be able to transfer savings
form his old company to his new company.
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New
Hire-Purchase Law
2 December 2003 |
Due
to the demand created by the increasing use of hire-purchase
arrangements, the Commerce Ministry is drafting regulations
concerning the following areas of relevance to the
administration of hire-purchase agreements: interest
rates, terms of payment and maximum amounts. The newly
proposed law is expected to cover the purchase of
products on installment plans.
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Thailand
and India Sign Historic Trade Agreement
24 October 2003 |
In
October, Thai and Indian officials signed a free trade
agreement that is designed to eliminate trade barriers
between the two countries by 2010. While the trade
agreement is one aspect of a larger agreement that
hopes to boost cooperation between the nations on
a variety of fronts, it is expected to have immediate
economic effects. Currently, trade between the two
countries stands at approximately 1.2 billion U.S.
dollars per year, but is predicted to double by next
year. Thailand hopes that increased access to India's
enormous population will boost exports to that country
while Indian companies will be more free to invest
in Thai software and technology sectors, among others.
As
for particular tariff reductions, the agreement calls
for a 50% reduction for selected products beginning
in March 2004, 75% by 2005, and ultimately eradicated
by 2006. 84 products are included in this "early
harvest" phase of the trade agreement, including
a variety of Thai fruits. Other products will be phased
into the agreement as the two sides agree that their
respective sectors are ready for open competition.
80% of products and services are scheduled to be included
in the next five years and the rest by 2010. |
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Commerce
Ministry defends Thai Piracy Crackdown
24 October 2003 |
Following
a May 2003 report by the European Commission that
criticized music, video, and software piracy in Thailand,
the Commerce Ministry issued a statement refuting
those claims. The report, based on information gathered
in 2001, placed the level of sound recording piracy
at 45-50% of market value. resulting in an overall
loss of 500 - 600 million U.S. dollars annually. The
report urged Thailand to take remedial action, including
increased criminal punishments and simplified intellectual
property rights enforcement procedures. The Commerce
Ministry countered that the information that the report
was based on was out-of-date, inaccurate, and unsubstantiated.
In addition, the Ministry explained that they had
begun a 3 month, intensified crack-down at the time
of the reports release and had received only little
assistance from European music and video distributors.
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Credit
Information Bureau Act Increases Individual Privacy
12 November 2003 |
A
new draft, amending the 2001 data protection and privacy
law, would give individuals increased privacy in regards
to their financial records. Under the new law, individuals
would need to give permission to the Bureau prior
to any examination of their personal credit history.
In addition, the new law would extend this protection
to both electronically and manually collected or processed
personal data, defined as "any fact in connection
with a person (individual or legal entity), capable
of identifying such person, either directly or indirectly."
In order to secure these benefits individuals must
take proactive measures such as clearly outlining
their privacy policies and making the policies available
for interested parties. The law will help protect
these new rights with the establishment of the Commission
on Data Protection/Privacy. The impetus behind the
new law is the rapid development of computers for
storing and accessing personal data, and the increasing
ability for some to legally or otherwise obtain such
data. |
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Deposit
Guarantee Rescinded
30 November 2003 |
In
November 2003 the Thai government rescinded a bank
deposit and liability guarantee enacted during the
1997 financial crisis. The Financial Institutions
Development Fund (FIDF) was created in 1997 as a subsidiary
of the Bank of Thailand to protect both individual
creditors and smaller financial institutions. The
original intent of the protective measure was to maintain
public confidence in the financial system during a
period of instability. Because of the continuing expansion
of the Thai economy and stability of the financial
sector the guarantee on deposits was deemed to be
no longer necessary. While a blanket guarantee has
now been annulled, depositor guarantees will still
exist to provide limited protection to individual
creditors. Local financial institutions will, however,
no longer be required to pay surcharges to the FIDF
to maintain the blanket guarantee. Payment of these
surcharges was considered problematic disruptions
of money markets at the time banks were required to
submit the fees. Waiving the surcharges is expected
to facilitate development of the capital market but
otherwise not affect investor or creditor confidence. |
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Import/Export
Inspections Reduced
28 November 2003 |
Companies
operating within industrial estates will now have
to face fewer inspections on goods imported to or
exported from Thailand. The Customs Department and
the Industrial Estate Authority of Thailand signed
an agreement on the reductions in November of this
past year. The reductions are intended to boost the
country's competitiveness in foreign markets by facilitating
trade. The purpose of the inspections is to prevent
goods designated for import or export from being sold
internally. A bar code system will be implemented
in an attempt to prevent an increase in this type
of fraud; selling goods in Thailand without having
to pay appropriate tariffs on these items.
In
a related development, two additional X-ray machines
are scheduled to be installed at Laem Chabang Port.
The new machines are part of a heightened inspection
requirement for goods exported to the United States.
While Thai exporters have complained about the costs
of the new security measures, the United States is
requiring Thailand to increase examination of outgoing
containers or risk potential delays or even prevention
of acceptance at ports of entry in the United States.
Thai
exporters of food products and pharmaceuticals will
be particularly affected by new US regulations. The
US Bioterrorism Act, which became effective on December
12, 2003 requires businesses that export food and
pharmaceutical goods to the United States to register
with the US Food and Drug Administration (FDA). Shipments
of these goods will be carefully and tracked and monitored,
and Thai exporters are encouraged by the Thai Department
of Foreign Trade to strictly comply with the new regulations.
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Migrant
Workers Encouraged to Register in Bangkok
5 December 2003 |
In
an effort to facilitate payment of welfare benefits
and increase participation in voting, migrant farm
workers have been asked to register with the Labor
Ministry in Bangkok. Although the migrant farm workers
may have family and a residence in the countryside,
they should be considered residents of Bangkok and
the Labor Ministry wishes them to register themselves
with their Bangkok residences. Government subsidies
are allocated according to the registered population
and workers residing in Bangkok should register there
so that funds can be distributed appropriately. Additionally,
if individuals are working and residing in Bangkok,
they should also vote in Bangkok. |
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