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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:

Legal Assistance for Burmese Laborers
20 December 2005

A legal counseling clinic has been set up in Mae Sot to provide aid for exploited Burmese laborers working in the region. There are currently more than 60,000 Burmese workers in Mae Sot, with the majority of them working in labor-intensive industries. Many of these foreign laborers suffered from severe exploitation including being underpaid, uncompensated for overtime work and working in harsh, sub-standard conditions.

New Internet Payment System Approved by Central Bank
20 December 2005

The Bank of Thailand (BOT) has given its approval for the new national Interbank Transaction-Management Exchange (ITMX) established by the Thai Bankers’ Association. A BOT senior advisor said that the ITMX will provide businesses, individuals as well as banks with the use of electronic payment services on the Internet. The national ITMX would enable electronic payment transactions and allow businesses to be conducted while following the legal framework and policies of the central bank. In addition, it would act as a switching centre for payment transactions for B2B and B2C businesses. The BOT said that the ITMX should be able to provide electronic payment services to businesses, banks, the financial sector and customers in 2007.

Electronic and Electrical Industry to Get BOI Promotional Privileges
9 December 2005

The electronic and electrical industry received a boost from the Board of Investment (BOI) in December when the agency announced that it would increase promotional privileges for investment projects in the industry. Investors in hard disk drives and parts, integrated circuits, and other electronic and electrical products in investment Zone 1 would receive a corporate income tax holiday of up to five years, instead of three years previously. Zone 2 projects for investments outside industrial estates, will receive a six-year tax waiver, compared with three years previously. The BOI added that investors involved in the agency’s Skill, Technology and Innovation (STI) program would be given an additional tax waiver of between one and three years, depending on their total investment. Other privileges offered by BOI include exemptions on machinery import taxes and qualification for new promotions for expansion projects worth at least 15 billion baht for existing projects.

Thailand and Singapore – US$30 Billion Trade and Investment Increase
22 November 2005

Governments from Thailand and Singapore have agreed to increase trade and investment through special incentive packages worth US$30 billion by 2010. The agreements were announced at the end of a two-day meeting of the Singapore and Thailand Enhanced Economic Relationship (Steer) held in Bangkok. Twelve Memorandums of Understanding were also signed at the meeting. Both governments believe that the two-fold increase in trade and investment should kick-start the creation of the Asean single market. This bilateral single-market plan would pave the way for Southeast Asian countries to eventually come together and form the Asean Economic Community (AEC). Senior officials have been asked to form a task force to explore joint ventures between Singaporean and Thai companies for investing in third countries in areas including the Pearl River delta in China and the Greater Mekong sub-region. The two countries also plan to jointly promote tourism to attract one million Chinese tourists, within a period of three years, to visit Thailand, Singapore and other Asean destinations

Tobacco Act Amendment Sought
15 November 2005

The Public Health Ministry has proposed a bill to prohibit the display of cigarettes in retail shops. The Cabinet will consider the proposed amendment of Article 21 of the Tobacco Act concerning cigarette displays. The amended Act is considered to be in line with the Ministry’s guidelines. The guidelines disapprove the display of cigarettes by retail shops in visible areas to attract attention, and the placement of products in specific locations requested by the tobacco manufacturer.

New AMLO Ruling for Gold and Gem Traders
11 November 2005

The Anti-Money Laundering Office (AMLO) has announced that a new reporting rule on gold and gem deals will be put into effect as a Finance Ministry regulation next year. The new ruling would require gold and gem traders nationwide to disclose any business transactions which are more than Bt1 million with non-regular customers.  More than 6,000 gold shops and 1,000 gem traders will need to comply with the new ruling. However, this new ruling will not be required for transactions with regular clients as prior records would have been made available with the traders. Come next year, traders would have to submit information on the business transactions and identities of their new clients to AMLO through fax, post or its website. The AMLO is also pushing for another ruling which will compel pawnshops, insurance companies and stock traders to report any business dealings that seem improper. Violators of this ruling would face a maximum penalty of Bt300,000 for each failure to submit a report.

Emergency Decree Extended for Troubled South
19 October 2005

Insistence from the Prime Minister over the situation in the South has resulted in the Cabinet extending the controversial emergency decree which is due to expire on 20 October. This decree also allows the government to declare a state of emergency renewable every three months. Since the state of emergency was declared, lawmakers and civic leaders have voiced their objections over the granting of absolute powers to security officials. These powers include imposing curfews, forbidding public gatherings, keeping suspects in custody without charge for 30 days, confiscating property, and wiretapping telephones. A clause in the legislation which grants immunity to officials against civil, criminal, and disciplinary action for acts carried out under the decree’s provisions has also riled them.

Financial Liberalization Ruffles Industry
17 October 2005

The proposal by the Commerce Ministry to liberalize the Alien Business Law has unsettled the opposition as well as the public. The amendments, due to be deliberated by the Cabinet, were omitted in the Cabinet’s agenda at the last hour. The proposed move allows non-residents to do business in 20 areas of financial services without obtaining a license or any regulatory approval. These services include banking and insurance, securities sales and marketing, as well as investment banking and financial services. Currently, a special approval from the authorities is required for non-residents to work in the financial-services sector. With the removal of such special approvals, the opposition cautioned that Thai professionals in financial services risk losing the industry to the non-residents who would be able to operate the businesses entirely on their own.

BOI: Bt40 Billion Incentives Granted
16 October 2005
Investment promotion incentives worth more than Bt40 billion has been granted by the Board of Investment (BOI) for 15 projects. The biggest beneficiary is Bangchak Petroleum Plc, receiving incentives worth Bt10 billion for its new cracking unit and cooking-gas plant project. The BOI will also set up a sub-committee to work on making the incentives more appealing to foreign investors.
New Bill to Widen BOT’s Management
8 October 2005
Drafts of the new Bank of Thailand (BOT) bill and the Currency bill are being deliberated by the Finance Ministry. If final approval is obtained from the Parliament, the new bill will widen the authority of the central bank in managing international reserves, thereby enabling the bank to invest in a broader variety of foreign financial instruments. Commenting on the proposed BOT bill, the governor of the BOT said that the purpose of the bill is to make the central bank’s reserve management more efficient and up-to-date with the new financial products currently available in the global market. He added that this extended authority would also be in line with other banks’ reserve-management policies.
Fifth Round US-Thailand FTA - Key Issues Omitted
1 October 2005
The fifth round of free trade talks between the United States and Thailand has concluded in Hawaii and both governments have pledged to draw the negotiations to a close by next year. During this round of talks, however, only some technical issues were sorted out. Crucial issues including investment liberalization and satellite services were not touched on by the Thai negotiating team, thus leaving the discussions in the hands of the government. Technical barriers to trade were agreed upon, and negotiators have consented to setting up a workshop to assist Thai exporters on issues regarding restrictions on Thai exports to the US. On intellectual property rights issues, Thailand seeks cooperation and support from the US for small and medium-sized Thai companies in getting intellectual property protection in the US. Both parties also agreed, in principle, that internet service providers (ISP) should play an important part in copyright protection but details on how to proceed will only be discussed at a later date. 
 
 
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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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