Feature Articles : |
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Thailand
Legal News Updates:
New
Safety Laws for Large, Public Buildings
25 March 2004 |
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New
safety regulations would change the way large buildings
and high-rises attain liability insurance and pass fire
and safety standards. The new law, an amendment to the
Building Control Act, would force high-rise and other
large building owners to purchase third-party liability
insurance and hire a neutral outside auditor to perform
fire and safety inspections. The inspections would be
required every five years on buildings meeting any of
the following qualifications: height greater than 23
meters; capacity greater than 500 persons; area greater
than 10,000 square meters; hotels with more than 80
rooms; buildings involved in service, such as hospitals;
condominiums with area greater than 2,000 square meters;
factories with area greater than 5,000 square meters;
billboards with height greater than 15 meters; and theaters
listed in theater control regulations. The law, if passed,
will become enforceable this year. |
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BoI May Ease Restrictions
for Hiring Foreign IT Specialists
20
March 2004 |
Despite
recent efforts to attract more foreign IT experts Thai
corporations are continuing to experience a shortage
of qualified IT employees. In order to remedy this,
the Board of Investment, in cooperation with the Information
and Communications Ministry, is considering measures
that would make it easier for corporations to procure
foreign IT employees. The BoI hopes to establish guidelines
for screening foreign IT experts so that positions in
great demand can be filled the most expeditiously. The
aim of the initiative is to stimulate the Thai IT sector
which is seen as lagging behind those of other Asian
nations. The BoI is also planning on luring foreign
investors, especially Western multinational corporations,
to expand their outsourcing operations in Thailand through
incentive packages. The BoI recognizes that current
incentive packages by Taiwan, Malaysia, and Singapore
are much more attractive to foreign investors, and it
hopes to increase Thailand's competitiveness with these
and other nations. |
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US
International Trade Commission Rules Against Thai Shrimp Exporters
18 March 2004 |
The
US International Trade Commission ruled in late February
2004 that Thai shrimp exporters may be subject to punitive
tariffs for selling shrimp in the US at below market
prices. The Commission ruled that low priced shrimp
from Thailand and five other countries were hurting
US shrimpers. Four Thai shrimp exporters were named,
not the entire industry, so the Thai government will
not be involved in the challenge to the ruling. On June
8 the commission's preliminary findings will be made
public, outlining the exact punitive measures against
Thai shrimp exporters. Any measures the US wishes to
impose will be enforceable for shipments made after
March 5, 2004. |
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Money
Laundering Offenses Expanded
13 March 2004 |
Seven
new criminal offenses may be included under the anti-money
laundering law if the Council of State and the parliament
approve of the draft amendment already supported by
the cabinet. The new offenses are gambling, illegal
trading in war weapons, Thailand intellectual property rights
violations, human trafficking, exploitation of natural
resources and the environment, illegal currency trading,
and price collusion in bidding for state projects. These
seven offenses would be in addition to the existing
anti-laundering offenses that include, drugs, terrorism,
prostitution, corruption, fraud, extortion, customs
duty evasion, racketeering by organized crime, and malfeasance.
The amendment, if ratified, would also expand the definition
of the term "assets instrumental in money laundering"
to include equipment, machinery, or any other device
used to procure illegal revenue. Also, assets seized
in criminal money laundering operations would be appraised
and no less than half of the value of those assets would
be directed into an anti-money laundering fund. |
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Central Bank Aims to
Facilitate Debt Write-offs
11 March 2004 |
With
the economy growing at a steady rate, authorities at
the Bank of Thailand are promoting firm action against
delinquent borrowers and expedited restructuring of
debts by Thai financial institutions. Although the percentage
of total loans considered bad loans had declined to
12.7%, officials at the Corporate Debt Restructuring
Advisory Group are hoping to push this number down further.
One major initiative is a plan for more strict provisioning
requirements on banks to pressure them to take preventative
action against restructured loans so they do not go
into default again. Mediation services by the Bank of
Thailand have been proposed to expedite restructuring
of loans tied up in the courts. Also, a legal amendment
may be created to allow Asset Management Corp, a state
owned organization, to purchase debt ridden assets in
an effort to facilitate restructuring their debt.. In
the mean time, the central bank has encouraged local
banks and financial institutions to determine, by July
2004, if their current restructured loans were eligible
for re-classification from non-performing loan status. |
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Thai-Australian
Free Trade Agreement on Track for January 2005 Implementation
8 March 2004 |
Negotiations
continue towards a comprehensive free trade agreement
between Thailand and Australia. What would be Thailand's
first comprehensive trade agreement and Australia's
second with an Asian nation (after Singapore), the Thai-Australia
FTA would eliminate all trade barriers between the two
countries by 2020. If ratified, Australia would immediately
eliminate 83.2 percent of its tariffs and Thailand would
remove 49.4 percent of theirs. A joint study of the
long-term results of such an agreement estimated that
Thailand's GDP would be increased nearly 1 trillion
dollars and Australia's boosted 260 million over the
20 year implementation period. A finalized version of
the agreement is currently being negotiated as both
sides have industries that may be injured by the liberalization
of trade. However, it is expected that there will be
safeguard mechanisms that each government may employ
in the event that one of their domestic industries is
genuinely threatened. In addition to a reduction of
tariffs, the agreement outlines a framework for agreement
on trade in services and investment, quarantine procedures,
e-commerce, and food and agricultural standards. |
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Idle
Land Tax Rates Scheduled to Increase
5 March 2004 |
Beginning
in 2005, new Thai land taxes will apply to landowners who
leave their land idle. Unused land will be taxed at
twice the rate as land in use. Land that has been idle
for more than five years will be subject to even greater
tax rates. In particular, the new law has adjusted tax
rates for land with or without structures as well as
land housing condominiums. Specific rates will be set
by local administrative organizations that are also
responsible for collecting the taxes. The government
claims that the new rates, capped at 0.1% of the land
valuation price, will promote the use of land as well
as boost revenues of the local agencies, an expected
fourfold increase from the previous rates established
in 1965. |
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US
Companies Form Alliance to Represent Business Interests in
FTA Negotiations
3 March 2004 |
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Over
100 U.S. businesses, including General Electric, Time
Warner, and Unocal, have banded together to represent
American business interests in the upcoming US-Thailand
Free Trade Agreement negotiations. The group, the US-Thailand
Free Trade Agreement Business Coaltiion, was first publicized
in Washington DC by US Trade Representative Robert Zoellick
and Thai Commerce Minister Watana Munagsook. The American
business coalition believes the agreement will be beneficial
to both countries. In addition, a spokesman for the
group argues, a successfully implemented agreement could
be a model for FTA negotiations with other Southeast
Asian nations including the Philippines, Indonesia,
and Malaysia. The Thai Commerce Minister acknowledged
there were certain industries from both nations that
wished to be left out of the agreement, but urged the
US to resist pressure from those industries that wish
to be excluded. |
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US-Thailand
Free Trade Agreement Talks Scheduled for June
1 March 2004 |
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Following
reports to the US Congress outlining the goals of a
bilateral FTA, the Bush administration has sent word
to Bangkok that it would like to begin discussions on
June 21. While various interest groups within Thailand
express their concerns about the ramifications of an
FTA, Thai governmental officials state that the June
meetings will simply discuss what subjects will be discussed
in further meetings and what schedule they will follow.
U.S. government Trade Representative Robert Zoellick
argued before Congress that an FTA agreement would benefit
US agricultural and services sectors as well as help
enforcement of intellectual property rights in Thailand.
In Thailand, where concerns of the actual benefits and
costs are being expressed by a variety of groups, industries
have legitimate concerns for the particulars of the
agreement. Many claim that if the US-Thai FTA is modeled
on the US-Singapore FTA it will in fact be injurious
to many businesses. Legislators are also voicing their
concerns early as ratification of agreements such as
FTAs do not need to be endorsed by a legislative authority. |
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Report
on U.S.-Thai Free Trade Agreement focuses on Intellectual
Property
18 February 2004 |
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A
report commissioned by American Chamber of Commerce
in Bangkok has determined that intellectual property
issues are central to upcoming FTA negotiations between
Thailand and the US. The Thailand Development Research
Institute (TDRI), who is conducting the research, has
determined that the high standards of intellectual property
rights in the US, the political clout of US pharmaceutical
and entertainment businesses, and US technological capabilities
are issues Thailand should give particular attention
to. The group believes that while the model for the
FTA is expected to be the US-Singapore FTA, as a developing
country Thailand should make special considerations
to prevent potential monopolies, allow for the production
of generic pharmaceuticals for Thailand's poor, and
not inhibit inventiveness through excessively long copyright
lengths. Ultimately the research concludes that Thailand
should postpone the enforcement of the intellectual
property aspect of a Free Trade Agreement for up to
a decade, so that Thailand could ease into the requirements
that would be necessary. Furthermore, as a developing
country, Thailand is recommended to reject the 1991
International Convention for the Protection of New Varieties
of Plants (UPOV) as Thailand's standards of plant novelty
are not yet achievable. In addition to intellectual
property, TDRI cites investment and access to the services
sector as the other top priorities. |
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Fossil
Protection Law Planned
15 February 2004 |
The
Natural Resources and Environment Ministry is drafting
a bill that would protect sites where fossils are discovered.
As there are currently no laws protecting fossil discoveries
or the areas in which they are found, Thai paleontologists
have recommended that a law should be created to protect
the fossils and facilitate their study. Many fossils,
including those from dinosaurs, have been discovered
in the Kingdom, but the discovery of a 7-9 million year
old fossilized jawbone, determined to be from a primate
similar to man, has pushed the issue to the forefront.
The fossil was discovered in a sand mining area of Nakhon
Ratchasima, prompting scientists to realize the need
for laws to protect potentially important discovery
sites. |
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Land
Reform Act Evaluation Underway
7 February 2004 |
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The
1975 Land Reform Act, which provided reform land to
farmers, with the understanding that they not sell the
land, is now under review. The Agricultural Land Reform
Office (ALRO) has been considering whether it should
grant those landowners the right to sell their land
if they wish. Academics and activists are lobbying against
this amendment, claiming that it investors would snatch
up the land. However, the ALRO has intimated that farmers
could only sell land that had been occupied and used
for farming for a period of 5 years, and that purchasers
of the land must continue using the land for farming.
The ALRO is also investigating whether reform land should
be rented or sold to farmers, rather than given for
free, and whether land reform zones should be free from
industrial operations. |
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Unocal
Not Liable for Actions of Subsidiaries in Burma
21 January 2004 |
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A
Los Angeles Superior Court Judge has ruled that Unocal
Corp. is not liable for claims that it established shell
companies that allegedly were responsible for the slavery,
rape, and murder of Burmese villagers. The Court ruled
that Unocal acted in good faith when it established
its subsidiaries to construct an oil pipeline in northeastern
Burma. Specifically, the judge ruled on Unocal's intent
to establish legitimate subsidiaries and whether those
subsidiaries were sufficiently independent. The judge
based her decision on evidence that established subsidiaries
as common and legitimate organizations within the oil
and gas industries, and the fact that it was not uncommon
for parent companies to be involved in some of their
subsidiaries' business activities. The court will now
decide whether the plaintiffs may legally pursue a claim
against the subsidiaries themselves. Unocal praised
the court's decision, while lawyers for the villagers
vowed to continue their fight against the subsidiaries. |
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