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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Thailand Legal News Updates:

Supreme Court Rejects Petition to Block FTA
31 March 2007

The Supreme Court rejected a petition filed by non-governmental organizations to block the Thailand-Japan free trade agreement that is in the final stages of negotiation.  To the disappointment of the non-governmental organizations, the Supreme Court ruled that it did not have the authority to block the agreement.

Alcohol Control Bill Accepted by Cabinet
31 March 07

After a 3 hour debate the Alcohol Control Bill passed the first reading in yesterday's National Legislative Assembly meeting according to media sources.  The bill provides for a ban on all alcohol advertising, an increase in the age at which people are permitted to buy alcohol and the designation of alcohol free zones.

Commerce Ministry Proposes Changes to NLA Draft FBA
21 March 2007
According to media sources the Commerce Ministry is proposing changes to the draft FBA prepared by members of the National Legislative Assembly.  The secretary to the Commerce Minister is reported to have called the "good faith" provisions of the draft bill, in which the operation of foreign companies in restricted industries would be considered on a case by case basis by a special committee, impractical.
Government may Consider New Version of FBA Amendments  
14 March 2007
The government may be asked to consider a new version of the Foreign Business Act drafted by a National Legislative Assembly member and signed by more than 50 legislative members.  The new version is intended to ameliorate some of the more restrictive requirements of the newly proposed FBA which has already been approved by the Parliament and is currently before the Council of State.  While the act reportedly also contains the controversial provision defining a company as foreign if more than half of voting rights are held by foreign nationals, the draft amendments differ from the Ministry of Commerce version in their handling of existing companies. The Ministry of Commerce amendments would require Thai companies that become foreign companies operating in restricted Lists One and Two under the new legislation to restructure shareholding within a stipulated amount of time, while foreign companies falling into restricted List Three would be grandfathered in under the old legislation.  The newly introduced amendments call for the establishment of a screening committee that would evaluate issues such as voting rights and nominee structures on a case to case basis with firms operating on a "good faith" basis waived from the FBA.

Cabinet Passes Alcohol Control Bill
14 March 2007

On 13 March 2007 the cabinet approved a draft Alcohol Control Bill which would impose a total ban on the advertising of alcohol and raise the minimum of age for purchase of alcoholic beverages to 20.  The bill awaits consideration by the National Legislative Assembly.

Insurers Disapprove of Life Insurance Act Amendments
8 March 2007

Insurers warned yesterday that life insurance premiums would rise after the Life Insurance Act is amended.  According to media sources life insurers are in opposition to the act as they believe insurers are already sufficiently protected under the legal reserve system.  The amended act would require insurers to contribute between .25% and .5% of premiums to a government fund that would be used to compensate consumers in the event that an insurer becomes insolvent.

Minimum Education and Decentralization Debated by CDC
7 March 2007

Media sources reported that a provision providing for a 12 year government sponsored education, as well as decentralization of the government, were two issues debated by the Constitution Drafting Committee (CDC) in yesterday's meeting.  The education provision will reportedly be written into the new constitution, whereas, local election of provincial governors will not be included due to fear of political autonomy in the Deep South.  The charter drafters aim to have the first draft completed by 19 April.

Anti-Alcohol Legislation Supported by Local Health Organizations
3 March 3007

Media sources report that a public health organization has begun campaigning to collect signatures from members of the public in support of anti-alcohol legislation.   The organization supports the passage of a bill which will raise the minimum age for buying alcohol from 18 to 20 and impose a total ban on alcohol advertising.  The bill is said to be heavily imposed by interest groups from the alcohol industry who are lobbying hard for the passage of a watered down version of the bill.

Bank of Thailand Further Relaxes Reserve Requirement
2 March 2007
Non-resident investments in debt instruments and unit trusts covered by hedging contracts of at least three months will be exempt from the 18 December 2006 reserve rule according to a 1 March 2007 Bank of Thailand announcement. The Central Bank will require investors to first buy financial products as an underlying transaction for conversion into baht.  Funds will be required to be held in special custodian bank accounts opened before 30 March and designated for non-resident deposit baht accounts for debt securities and unit trusts.  The Central Bank will also relax a rule prohibiting non-residents from selling bonds before three months.

Entire Charter to be Voted On
26 February 2007

According to government sources, a panel of the Constitution Drafting Assembly has decided that the public will vote on the constitution in its entirety instead of only 10 articles as originally suggested by some members of the Constitution Drafting Committee (CDC).  The referendum ballot is to have two boxes "accept" or "reject".

Draft Law Would Enable BOT to Issue Fewer Bonds
21 February 2007

A new law authorizing the Bank of Thailand (BOT) to take deposits from commercial banks should if enacted lead to the issuance of fewer bonds reported one government source.  The Bank of Thailand has allegedly faced criticism for issuing too many bonds to absorb the liquidity in the baht after measures last year weakened the baht.  If the draft act is implemented the Bank of Thailand could take deposits from commercial banks with interest payments giving the BOT another tool to handle liquidity. Commercial banks would receive interest similar to the returns obtained from holding BOT bonds.

Female Drafter to Advocate for Gender Equality
19 February 2007

According to media sources, a female drafter of the Constitution Drafting Assembly is worried that the new constitution will not promote gender equality.  The drafter, one of only three females on the Constitution Drafting Committee, supports the addition of a clause requiring any law contrary to the principle of gender equality to be revised or discarded. She also advocates for the use of non-discriminatory language, wherein a single title, equivalent to the current usage of the English word "Miss", would be used to describe females regardless of their marital status.

Thai NGOs Concerned Over Japan-Thailand FTA
17 February 2007

According to media sources, the Office of the National Human Rights Commission of Thailand held a press conference yesterday to oppose the decision to accelerate the signing of a Free Trade Agreement between Thailand and Japan.  Representatives from non-profit organizations are worried the FTA will have negative consequences on Thailand.  In its current state, the FTA would allow Japan to control micro-organism patents and may allow toxic wastes to be dumped in Thailand.

TRDI Report Calls for Better Environment for Investment
16 February 2007

According to media sources, the Thailand Development Research Institute (TDRI) released a report "The Role of Multinational Companies in Thailand" yesterday.  The study focuses on multinationals operating in the liberal services as well as five different industries.  The study found that limitations on foreign shareholders have resulted in unfair voting-rights structures in some service industries.  The study is reported to suggest a reduction in the list of services included in Restricted List Three of the Foreign Business Act in order to attract more foreign investors. 

Proposed Bill Would Limit Alcohol Sales
15 February 2007

Members of the National Legislative Assembly introduced an alcohol control bill to the assembly according to government sources.  The bill would prohibit the sale and consumption of alcohol in specified places, ban the promotion of liquor through giveaways and contests, and give alcoholics more access to government support during rehabilitation.  The Public Health Ministry has drafted a similar bill which is currently being scrutinized by the Council of State.

Proposed Amendment to Rape Laws Angers Activists
14 February 2007
Media Sources have reported that activists, academics and domestic violence victims are strongly opposed to a proposed amendment to the Criminal Code that would not criminalize rape between a husband and wife.  The proposed amendment states "an individual who rapes another person who is not his/her husband or wife has committed a crime".  The activists believe that the new wording implies acceptance of rapes between husband and wife.
New Law to Increase Power of AEC in Grafting Probes
6 February 2007
New legislation is being drafted to give the Assets Examination Committee (AEC) more power in demanding the cooperation of state agencies in the investigation of corrupt politicians.  Media sources quote a government official as stating that some state agencies have failed to co-operate with the Council for Democratic Reform established AEC.  Some relative state agencies are allegedly slow in providing necessary information or filing petitions against corrupt politicians.  The new legislation will introduce punishments for officials refusing to co-operate with the AEC.
FTA Adjustment Fund Proposed
6 February 2007

The Ministry of Commerce has suggested setting aside 200 million baht for businesses who can prove they have been adversely affected by Thailand's Free Trade Agreements.  A Ministry Official reported that monies from the fund would be used to conduct research to improve the productivity and competitiveness of Thailand's industries, rather than be given directly to affected industries which could be a violation of World Trade Organization rules.

Forum Participants Call for State Welfare in New Charter
5 February 2007
Non-governmental organizations recently convened at a Bangkok church to participate in a forum focused on state welfare provisions in the new charter. According to media sources the forum participants would like to see the inclusion of 11 principle measures in the new charter including improved medial treatment, welfare for the disabled, protection of laborers, infrastructure and public transport.  The participants suggested the public welfare measures could be paid for with progressive tax rates on land developers, stock investors and businesses affecting the environment.
Thai Investors Association Pushes for Class Action Law
5 February 2007
A representative from the Thai Investors Association has called on the government to accelerate the passage of a new class-action law according to media sources.  The law would enable cases to be taken on behalf of an entire group of investors helping to defray legal expenses born by any one investor.
Board of Investments Incentives to Promote Research and Development
2 February 2007
The Board of Investments (BOI) approved tax incentives for small and medium enterprise businesses that invest in research and development for three years.  All projects must join with an academic institution or university and 51% of shareholders must be Thai nationals in order to be eligible for a 70% exemption on the project's income tax.  Four types of biotechnology businesses will pay zero tax for four years.
Small Businesses Urge Speedy Passage of Retail Law
26 January 2007
According to media sources, three hundred small retailers rallied at the Government House urging the government to speed the passage of the Retail Act.  Foreign Investors have threatened to withdraw from Thailand if the retail business law imposes stringent restrictions on multinational retailers.

Surrogacy Bill Draft Criticized by Experts
15 January 2007

A panel of doctors, legal experts and feminists raised questions about a surrogacy bill draft at a recent forum according to media sources in attendance at the conference.  The draft includes a provision that would define a couple requesting another woman to carry their baby as the legal parents of the baby.  Payments to a surrogate mother or broker would be illegal and any surrogacy agreements would not have legal standing in court.  Experts criticized the bill for not protecting the rights of the surrogate baby or mother.

Amendments to Foreign Business Act Passed by Cabinet
9 January 2007

On 9 January 2007 the cabinet passed amendments to the Foreign Business Act of 1999 introduced by the Ministry of Commerce.  If the amendments become law several provisions of the Foreign Business Act would be repealed or modified.  The definition of "foreign" business entities would be modified to include entities where half or more of the voting rights are held by foreign nationals.  Thai business entities that would become foreign business entities operating in the restricted List One or the restricted List Two categories, under the amended definition, would be required to file for a certificate of authorization and would be allowed to continue to operate as a foreign company in restricted List One or restricted List Two for two years.  Thai business entities that would become a foreign business entity operating in List Three would be allowed to carry out their business indefinitely provided they were issued a Certificate of Authorization.  Persons or business entities in violation of certain provisions of the Foreign Business Act (including the provision prohibiting the use of nominee shareholders) would be required to alert the Ministry of Commerce and would have one year to restructure their company to be in accordance with the law.  Fines levied for violation of certain provisions of the Foreign Business Act would be increased or modified.  List Three of industries restricted to foreigners would also be slightly modified. 

Prime Minister Hosts Forum to Listen to Laborers' Complaints
8 January 2007

Prime Minister Surayud Chulanot is scheduled to host a meeting with 800 blue-collar workers to discuss working and environmental conditions according to government sources. The main topics under consideration include revising the minimum wage in accordance with the real cost of living and the establishment of a new governmental organization to oversee occupational safety.

 
     
 
 
 
 
 
 
 
 
 
 
 
     

Chaninat & Leeds offered support in translating editing and providing materials for this site. Chaninat & Leeds is a full-service Thailand Lawyer firm based in Bangkok, Thailand. The firm provides qualified Thailand divorce attorneys for Thai and foreign clients.

 

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