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Thailand Lawyer Blog: |
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Thailand
Legal News Updates:
BOI
to Approve Applications Topping Bt510 bn in Investment
16 December 2004 |
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From
January to November this year, over 1,100 projects with
a combined investment value of Bt507 billion have been
approved by the Board of Investment (BOI). These projects
have generated more than 200,000 jobs to date. By year-end,
the BOI is expected to approve applications of more
than bt510 billion in total investment. Accounting for
most of the investment is the service and infrastructure
sectors (Bt133.3 bn), followed by the sector with chemical
products, paper and plastics, and petrochemical products
(Bt111 billion). The third-largest sector is in electronics
and electrical appliances (Bt80 billion). Japan is the
main investing country with 308 approved projects worth
Bt94.3 billion, followed by the United States with 33
approved projects worth Bt34 billion. In 2005, the investment
promotion agency will focus on cost-oriented investment
projects such as those planning to import energy-saving
equipment, and attracting investment from Asia, Europe
and United States. |
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Deal
Struck for US-Based Company in Burmese Human Rights Abuse Case
15 December 2004 |
A
US-based energy conglomerate has agreed in principle
to an out-of-court settlement in a human rights abuse
case. The company has been sued by 14 Burmese villagers
for allegedly condoning rights abuse during the construction
of a US$1.2 billion (Bt 49.2 billion), 62-kilometre
long pipeline that carries natural gas from Burma to
Thailand. Under the settlement, the company will help
to fund improvements in living conditions, education,
health and human rights for villages along the pipeline.
The tentative agreement was reached under the Alien
Tort Claims Act, a contentious law that permits foreigners
to sue companies alleged to be indirectly responsible
for overseas rights violations in US courts. |
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SEC's New Regulation - Listed Firms' Overall Financial
Statement to Include All Units They Control
15 December 2004 |
A
new regulation by the Securities and Exchange Commission
(SEC) is stipulating that all listed companies include
subsidiaries in which they hold a "controlling
stake" in their consolidated financial statements,
even if the stake is less than 50 per cent. The objective
of this new regulation is to prevent listed companies
from evading the need to consolidate their subsidiaries'
financial statements, thus making the group's overall
financial statement more plausible. The current regulation
does not require firms owning 49 per cent or less of
their subsidiaries to include their subsidiaries' financial
statement in the group's consolidated statement. The
SEC plans to implement the new rule as soon as possible
to make it applicable to listed firms for their 2005
financial statements. If any listed company does not
adhere to the new measure, its financial statement will
not receive endorsement from the SEC. If the listed
company fails to redo the financial statement within
a timeframe stipulated by the Stock Exchange of Thailand,
the company will be subject to fines. |
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Plans
to Ease Tax Burdens on Small Businesses and Earners in the Pipeline
12 December 2004 |
The
government has announced that tax cuts on personal income
and small businesses are in the pipeline, some of which
may be implemented ahead of the general election due
in February 2005. Sources from the Revenue Department
has disclosed that the first Bt100,000 of net income
will not be taxable, thus exempting all six million
taxpayers from the five per cent tax. Currently, net
annual income up to Bt80,000 is exempted from tax, income
between Bt80,001 and Bt100,000 is taxed at five per
cent, between Bt100,001 and Bt500,000 at 10 per cent,
between Bt500,001 and Bt1,000,000 at 20 per cent, between
Bt1,000,001 and Bt4,000,000 at 30 per cent, and amount
exceeding Bt4,000,000 at 37 per cent. There are also
plans to grant tax reduction on profits for businesses
with registered capital of below Bt5 million. The measure
will levy a 10-per-cent tax on profits less than Bt1
million, down from 20 per cent based on the current
law. Profits above Bt1 million and not exceeding Bt3
million will stay at the 25-per-cent tax rate, and the
tax on profits more than Bt3 million will also remain.
Sources from the Finance Department said that there
are proposals to exclude small shops and other small
businesses with an annual turnover of less than Bt1.8
million from the value-added tax system. |
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Financial
Sector Goes Forward with New Deposit Insurance Agency
1 December 2004 |
A
new deposit insurance agency has been approved by the
cabinet, pursuant to a draft law. The agency, to be
set up with an initial capital of one billion baht,
will offer insurance coverage on bank deposits in the
event of a bank collapse and is intended to replace
the blanket guarantee extended by the central bank's
Financial Institutions Development Fund since the 1997
crisis. The agency may have the right to demand confidential
information from financial institutions in cooperation
with the Bank of Thailand and other financial regulatory
agencies. It may also supervise the liquidation of license-revoked
institutions. For budgetary purposes, the agency will
not have the classification of a state agency or state
enterprise. As members of the planned organization,
financial institutions such as commercial banks, finance
companies and credit fonciers will be provided with
insurance coverage. For the first year after the act
takes effect, coverage will commence at 50 million baht.
This is planned to be reduced to one million baht by
the fourth year. Participating members are planned to
be subjected to insurance premiums paid to the agency
of up to one per cent of deposits per annum. |
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Pact
Signed to Abolish Tariffs in 11 sectors by 2007
1 December 2004 |
Six
Asean countries - Brunei, Malaysia, Indonesia, Philippines,
Singapore and Thailand - have signed a pact to abolish
tariffs in 11 major sectors by 2007. This would be three
years ahead of the scheduled plan. The move will bring
the countries closer to becoming a European-style single
market amidst increasing competition from China and
India. The pact will see the lifting of tariffs in areas
that include cars, electronics, air travel and wood-based
products. Tariffs would also be dropped in sectors such
as fisheries, healthcare, rubber-based products, tourism,
e-commerce and textiles and apparels. These 11 sectors
make up more than half of all intra-Asean trade. The
other four member countries - Cambodia, Myanmar, Laos
and Vietnam - will have to abolish the tariffs in the
autos, textiles and electronics sectors by 2012. |
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State
Agencies and BOI Extend Helping Hand to Firms in Troubled South
1 December 2004 |
State
agencies and the Board of Investment (BOI) have come
together to offer incentives to firms affected in the
violence-stricken South. The BOI will be extending investment
incentives - including tax and import tariff reductions
- to manufacturing plants in economic zones for eight
more years. In addition, plants applying for privileges
through 2007 would enjoy the same privileges on the
new projects. State agencies would provide other benefits
to all eligible companies in the region. The Finance
Ministry is contemplating waiving value-added taxes
and excise taxes for all businesses in the South. Insurance
companies that provide life and asset coverage for investors
will benefit from the incentives by the Insurance Department.
The Small and Medium Enterprise Development Bank will
render financing assistance. Infrastructure leading
into the Halal Industrial Estate would be constructed
by the Industrial Estate Authority. The Provincial Electricity
Authority will also grant a power tariff cut of 20 per
cent. |
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Pirate
Disc Premises Raided by Police
1 December 2004 |
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Over
a million pirated CDs, VCDs and DVDs have been seized
by the police in a nationwide bid to eradicate illegal
disc production and distribution. The commission set
up to prosecute intellectual property offenders had
disclosed that there are at least 50 disc factories
in the country, and while some are legally authorized
to produce specific disc quotas, they broke the law
when unauthorized copies and pirated materials are manufactured.
The commission added that owners of such illegal activities
would be prosecuted under the anti-money laundering
law. Under current law, the police is prohibited from
arresting any illegal manufacturers unless formal complaints
from aggrieved parties have been filed. In the future,
however, the intellectual property law would sanction
the police to make arrests without prior complaints.
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Environment
Protection Bill Sought
15 November 2004 |
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The
House is asking for a quick passage of the Community
Forest Bill in order for it to become law during this
parliamentary session. The bill drafted has been before
the House for a year since passing the upper house.
Its objective is to encourage people in each community
to participate in the protection of their forests and
natural resources, as well as to promote community rights
to administer and manage these resources. |
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Thai
Herb Patent by Japanese Firms Could Impede Local Research
13 November 2004 |
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Thai
bio-diversity advocates are calling the cosmetic applications
patent of the indigenous Thai herb, kwao kreu, by two
Japanese companies an act of "biopiracy".
They are claiming that the Japanese companies have violated
the UN Convention on Bio-diversity and two Thai laws
on bio-diversity protection and traditional medicine.
The patent, registered in the US in 2002, encompasses
about 20 procedures for kwao kreu extraction and production.
The advocates are saying that the patent could seriously
hinder local research on the herb found in the North
of the country. At present, patents for kwao kreu products
have been issued in the US, Japan and South Korea. Thai
advocates are aware that some patents could have originated
from Thai research but were registered by foreign companies.
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Measures
to Prevent Fraud and Malpractice
12 November 2004 |
Instructions
have been issued by the Bank of Thailand, asking financial
institutions to clarify their procedures for loan write-offs
to avert potential fraud and malpractice. In a notification
dated in November, the central bank has asked financial
institutions to allow bank examiners to have access
to the criteria set for loan write-offs. The write-offs
would also have to be approved by bank directors, senior
executives, shareholders and related parties. Financial
institutions would be required to write off the entire
amount of the outstanding loans. In cases where the
borrowers are unable to service the debt following the
judicial process and no personal guarantee or collateral
was pledged against the debt, the central bank would
allow a partial write-off. |
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