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Progress in Thai–U.S. Trade Negotiations

On 12 December 2025, Thailand’s Minister of Commerce announced that the United States had conveyed a positive signal regarding the advancement of bilateral trade discussions. Washington indicated its intention to request the United States Trade Representative (USTR) to commence technical-level negotiations on tariffs and trade matters with Thailand.

This announcement follows intensified high-level engagement between both governments. In recent discussions, the U.S. President identified trade as a principal priority, committing to accelerate negotiations and reaffirm previous undertakings. The Department of Trade Negotiations within Thailand’s Ministry of Commerce has confirmed that technical-level discussions between Thailand and the United States are currently underway, with the 19% tariff rate on Thai goods remaining in effect. However, the resumption of technical-level dialogue indicates that future adjustments may be possible, underscoring the importance for businesses to remain vigilant and prepared.

Furthermore, the Thai Minister of Commerce reported that during her meeting with the U.S.–ASEAN Business Council (USABC), American companies and USABC members consistently advocated for both governments to expedite trade negotiations to unlock additional commercial and investment opportunities. Accelerated progress would benefit U.S. companies operating in Thailand, Thai exporters, and American consumers by facilitating access to high-quality products at competitive prices. This is particularly significant for sectors where the United States maintains import dependency, including Thai jasmine rice and other agricultural commodities, as well as broader manufacturing and supply-chain operations connected to Thailand.

The development has been characterized as an encouraging indication that the U.S. administration shares Thailand’s commitment to strengthening economic relations through a stable and predictable trade and taxation framework, notwithstanding broader geopolitical considerations. According to the Minister, such a framework would support sustainable growth in bilateral trade and investment while providing enhanced certainty for cross-border business planning.

Implications for Investment Structuring and Risk Management

The renewed trade engagement between Thailand and the United States necessitates a reassessment of existing investment structures and contractual arrangements. Export-oriented enterprises and operations integrated into U.S.-linked supply chains should evaluate corporate structures, transfer pricing mechanisms, and long-term commercial agreements to ensure continued operational efficiency under both the current tariff regime and potential future modifications. Strategic legal and tax planning can assist investors in mitigating compliance and cost-related risks while maintaining flexibility to capitalize on more favorable trade conditions as negotiations advance.

Conclusion

These developments represent a favorable outlook for investors and businesses with exposure to Thai–U.S. trade relations. Renewed momentum in bilateral negotiations reinforces confidence in Thailand as a strategic trade and investment destination while emphasizing the critical importance of proactive legal and regulatory planning. Investors, importers, exporters, and multinational corporations are advised to monitor these negotiations closely, as forthcoming developments regarding tariffs, trade regulations, and approval processes may directly impact investment structures, operational costs, and market access opportunities.

Author: Panisa Suwanmatajarn, Managing Partner.

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Burden of Proof in Credit Card Fraud: A Landmark Thai Supreme Court Ruling

The Thai Supreme Court has reaffirmed a critical principle in credit card fraud cases: the burden of proof rests with the issuing bank, not the cardholder. This represents a departure from the general rule that the party asserting a claim bears the burden of proof. In doing so, the Court has clarified the allocation of risk between consumers and financial institutions in disputes involving unauthorized credit card transactions. Supreme Court Judgment No. 2624/2568 establishes an important precedent on liability for unauthorized credit card transactions and significantly strengthens consumer protection under Thai law.

Case Summary

This case arose from a claim filed by the issuing bank alleging that the cardholder failed to make payment on multiple outstanding debts arising from credit card transactions recorded under the cardholder’s account.

The cardholder consistently maintained that the credit card had not been used for the transactions recorded on the dates specified by the issuing bank. The cardholder further asserted that the credit card information had been unlawfully obtained and misused by a third party, as evidenced by a clear discrepancy between the signature appearing on the transaction records and the cardholder’s actual signature. The matter was subsequently reported to the inquiry officer.

man in gray sweater holding black smartphone

In the court of first instance, the cardholder was ordered to pay the outstanding debt. On appeal, although both parties sought review of the judgment, the Court of Appeal upheld the cardholder’s liability and increased the amount payable, declining to consider the defense of unauthorized use on the grounds that it had not been properly raised before the Court of First Instance.

The Supreme Court reversed the lower courts’ rulings, holding that the burden of proof properly rested with the issuing bank, given its superior control over credit card security measures and specialized expertise in transaction authorization systems. As the issuing bank failed to discharge this burden, the claim was dismissed and the cardholder was found not liable. The Court further noted that both the issuing bank and the merchant bore partial responsibility for failing to conduct adequate verification and to implement appropriate preventive measures.

The Burden of Proof Issue

Once credit card fraud is alleged, the key issue is whether the credit card system issued by the bank was sufficiently secure against copying or counterfeiting, and consequently, which party bears the burden of proof.

The Supreme Court held that matters relating to credit card security concern manufacturing, design, and operational processes that fall within the issuing bank’s specific knowledge and control. Accordingly, pursuant to Section 29 of the Consumer Case Procedure Act B.E. 2551 (2008), the burden of proof rests with the issuing bank.

In this case, the issuing bank failed to adduce technical or expert evidence demonstrating the adequacy of its credit card security system. Moreover, evidence showed that other cardholders had lodged similar complaints involving counterfeit cards. As a result, the issuing bank failed to discharge its burden of proof.

Key Impact on the Consumer Protection Sector

1. Shift of the Burden of Proof

The burden of proof is shifted from the cardholder to the issuing bank, as the issuing bank possesses specialized knowledge and expertise in credit card systems and transaction security. Accordingly, cardholders are not required to prove technical matters beyond their reasonable capacity.

2. Enhancement of Bank Security Standards

Following this judgment, issuing banks are required to substantiate claims regarding system security with concrete technical evidence, rather than relying solely on general assertions or internal standards.

3. Promotion of Consumer Confidence

The judgment reinforces consumer protection based on principles of fairness, enhances public confidence in digital financial systems, and supports broader economic activity.

4. Precedent Value

This judgment establishes an important precedent affirming that issuing banks are responsible for implementing effective fraud prevention measures and ensuring the security of credit card systems. Future disputes involving credit card fraud may rely on this judgment in assessing bank liability.

Conclusion

Thai Supreme Court Judgment No. 2624/2568 marks a significant advancement in consumer protection law by placing the evidentiary burden on issuing banks in cases involving electronic payment fraud. The judgment reinforces fairness in the assessment of contractual obligations, strengthens protection for cardholders, and places increased pressure on financial institutions to enhance their security, authentication, and fraud monitoring systems.

Author: Panisa Suwanmatajarn, Managing Partner.

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DBD Intensifies Crackdown on Illegal Businesses: Public Urged to Avoid Nominee Arrangements and Mule Accounts

As of December 2025, the Department of Business Development (DBD)’s Division for the Prevention and Suppression of Illegal Businesses continues to ramp up its efforts to combat unlawful practices, particularly the use of nominee shareholders and juristic person mule accounts. Following the Division’s establishment in October 2025 and the subsequent rollout of stricter measures, the public and business operators are strongly advised to strictly comply with Thai laws to avoid severe legal consequences.

The DBD has emphasized that certain high-risk groups must exercise extra caution when involved in company registrations or shareholding. Registering a company or holding shares in circumstances that raise red flags—such as links to suspicious networks or lack of genuine business intent—can lead to suspicions of acting as a nominee or facilitating mule accounts, both of which are serious violations.

Furthermore, the Department is closely monitoring cases where companies appear to lack real operational substance, such as those without proper financial trails, active business activities, or verifiable capital sources. Foreign nationals or entities attempting to control Thai companies through hidden ownership structures are particularly at risk of investigation.

In cases where discrepancies arise—such as mismatches between reported shareholders and actual control, or unusual transaction patterns—companies and individuals involved may be required to clarify their positions promptly. Failure to demonstrate legitimate business operations could result in legal action, including fines, company dissolution, or criminal charges.

The DBD reiterates that nominee arrangements, where Thai nationals hold shares on behalf of foreigners to bypass foreign ownership restrictions, undermine economic fairness and national security. Similarly, registering juristic persons primarily to open bank accounts for fraudulent purposes erodes public trust and facilitates crime.

To protect yourself and ensure compliance:

  • If you are a shareholder or director, actively participate in the company’s operations and maintain proper records.
  • Avoid agreeing to hold shares or register companies on behalf of others without a full understanding and genuine involvement.
  • Businesses should regularly review their structures for transparency and report any suspicious approaches immediately.

The Division is committed to fostering a transparent and equitable business environment. Violations not only harm the economy but also carry heavy penalties. Citizens are encouraged to correct any irregular arrangements voluntarily and seek guidance from the DBD to align with the law.

For our earlier article on the establishment of the Division, refer to https://thelegal.co.th/2025/10/14/department-of-business-development-establishes-division-to-combat-illegal-business-practices/ : Department of Business Development Establishes Division to Combat Illegal Business Practices.

Related Article: https://thelegal.co.th/2025/10/14/department-of-business-development-establishes-division-to-combat-illegal-business-practices/

Author: Panisa Suwanmatajarn, Managing Partner.

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Quick Big Win Program: Strengthening Thai SMEs Through Integrated Financial and Tax Measures

The Cabinet has approved a comprehensive policy package under the “Quick Big Win” Program designed to strengthen small and medium-sized enterprises (SMEs), which form a cornerstone of Thailand’s national economy. With an allocated budget of THB 21.75 billion, the program delivers immediate and measurable economic outcomes through enhanced access to financing, reduced financial burdens, and improved SME competitiveness.

The program is implemented in coordination with relevant government agencies and state-owned financial institutions to ensure efficient and timely execution of all measures.

Policy Rationale

The policy framework provides Thai SMEs with essential support to facilitate economic recovery and sustain their vital role in driving production, employment, and investment. The program addresses critical economic challenges, including:

  • Escalating operational costs
  • Intensified competition from foreign businesses
  • Ongoing liquidity constraints affecting SME operations

Key Program Components

I. Financial Measures: Strengthening SME Liquidity

  1. SMEs Quick Big Win Credit Guarantee Program

Implemented by the Thai Credit Guarantee Corporation (TCG) with a budget of THB 10.5 billion, this program enables SMEs to access timely financing from financial institutions at competitive interest rates. The program minimizes additional fees beyond standard guarantee charges, thereby reducing both direct and indirect burdens for SMEs and participating financial institutions.

The program comprises three distinct components:

Credit Guarantee Program for General SMEs (SMEs Go Big)
Provides credit guarantees to general SME operators, facilitating access to adequate financing from financial institutions to support business operations and enhance lender confidence.

Credit Guarantee Program for Micro SMEs (SMEs Smart Win)
Offers tailored credit guarantees for micro-SMEs, enabling small-scale entrepreneurs to obtain formal funding with reduced barriers and improved financial inclusion.

Credit Guarantee Program for Contractors and Procurement-Related SMEs (SMEs Quick LG)
Supports SMEs engaged in construction, procurement, or contracting activities with government agencies, state-owned enterprises, and private sector entities through credit guarantees for Letter of Guarantee (LG)-based financing.

  1. Additional Financial Support Programs

Low-Interest Business Revival Loans by Government Savings Bank (GSB)
This initiative supports the revitalization of Thai businesses under the “Reinvent Thailand” framework, with eligibility criteria and loan conditions established in consultation with the Thai Bankers’ Association, the Thai Chamber of Commerce, and the Federation of Thai Industries.

Sustainable Thai Credit Program (Phase 3) and SME Thai Chaiyo Loan by Bank for Agriculture and Agricultural Cooperatives (BAAC)
These programs provide targeted financial support to SMEs while promoting sustainable business practices.

Export Market Expansion Support by EXIM Bank
This program assists Thai SMEs in expanding into international markets without requiring government budget compensation.

II. Tax Measures: Promoting Fair Competition

1.    Revenue Department Initiatives

      e-Tax Project

Promotes SME adoption of electronic tax systems through support from larger corporate partners. The Revenue Department provides   

tax incentives, expedited VAT refunds, and compliance certification for eligible SMEs.

Fast Track Tax Refunds

Streamlines and accelerates corporate income tax refunds for low-risk taxpayers through a centralized Fast Track system utilizing   

PromptPay transfers.

2.   Customs Department Initiative

De Minimis Value (DMV) Adjustment
Effective 1 January 2026, import duties will be imposed on all goods purchased through online platforms from the first baht. This measure ensures a level playing field and enhances the competitiveness of domestic businesses.

III. Additional Support Measures

PromptBiz for Government Procurement
Connects government procurement and payment data with financial institutions, enabling SME contractors to access secure and expedited financing through verified contract and payment information.

SME Incentives in Public Procurement
Certified SMEs with annual revenue up to THB 500 million and e-Tax compliance receive additional scoring advantages in government contract evaluations, promoting equitable access to procurement opportunities and encouraging tax compliance.

Thai E-Commerce Platform Development
To reduce reliance on foreign platforms with high transaction fees, the government plans to establish a domestic e-commerce platform. This initiative will empower SMEs and local entrepreneurs, including agricultural producers, to conduct digital trade efficiently and contribute to national economic growth.

Program Benefits

The Quick Big Win Program delivers three primary benefits:

  • Enhanced Liquidity for SMEs Across Key Segments – Improved access to working capital and operational funding
  • Improved Competitiveness and Operational Efficiency – Reduced costs and streamlined administrative processes
  • Expanded Opportunities and Access to Funding – Broader participation in government procurement and export markets

Current Program Status

Following the dissolution of Parliament, the Quick Big Win Program remains fully operational. As the program received Cabinet approval on 2 December 2025, its implementation continues under the authority of the relevant government agencies and state-owned financial institutions in accordance with Cabinet resolutions.

Conclusion

The Quick Big Win Program represents a comprehensive governmental approach to strengthening Thai SMEs amid persistent economic challenges. By integrating credit guarantees, low-interest financing, tax facilitation, and fair-trade measures, the program directly addresses liquidity constraints while building long-term competitive capacity. Coordinated implementation among government agencies and state financial institutions ensures effective and timely delivery of support. These integrated measures expand access to funding, promote fair competition, and encourage digital transformation and sustainable business practices. The program reinforces the critical role of SMEs in sustaining production, employment, and investment, thereby contributing to Thailand’s economic recovery and long-term sustainable growth.

Author: Panisa Suwanmatajarn, Managing Partner.

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Reforming Thailand’s License Renewal System: Fee-Based Extensions and Broader License Coverage

Maintaining valid licenses is essential for uninterrupted business operations. However, the longstanding requirement to submit renewal applications each cycle has created procedural delays and unnecessary administrative burdens. To modernize and streamline the system, Thailand introduced the Royal Decree Requiring Licensees to Pay Renewal Fees Instead of Submitting Applications for License Renewal B.E. 2564 (2021) (the “Decree”), issued under the Licensing Facilitation Act B.E. 2558 (2015).

The Decree allows designated licenses to be renewed automatically upon payment of the prescribed fee—eliminating the need for repeated applications and marking a significant step toward reducing compliance complexity and improving regulatory efficiency.

Current Scope of the Decree

Under the existing framework, 11 categories of licenses qualify for renewal by fee payment, including:

  • Cosmetic notifications for the sale, import for sale, and manufacture of cosmetic products
  • Licenses for the operation of health establishments
  • Licenses for product standards inspection services

Expansion of Licensing Oversight

To further broaden the scope of eligible licenses and strengthen regulatory governance, on 25 September 2025, the Thai Cabinet approved the Draft Royal Decree Requiring Licensees to Pay Renewal Fees Instead of Submitting Applications for License Renewal (No. ..) B.E. .… (“Draft Royal Decree”).

The Draft Royal Decree expands the list of licenses subject to automatic renewal and authorizes regulatory officials to conduct operational inspections. These inspections are limited to monitoring purposes and do not impose additional substantive conditions on license renewal, which continues to be completed through fee payment alone.

Expanded License Categories

The Draft Royal Decree adds 23 additional license categories, significantly broadening regulatory coverage across various industries. Notable examples include:

  • Petty patent licenses – Licenses related to the registration and protection of inventions
  • Trademark registration – Licenses for registering trademarks and managing associated rights
  • Food production licenses – Licenses for manufacturing food products within the country
  • Food import licenses – Licenses for importing or bringing food products into Thailand

Multiple Fee Payment Channels

Regulatory authorities must provide accessible payment methods to facilitate compliance, including:

  • Service counters
  • Banks
  • Electronic payment platforms

These channels support faster renewals and promote broader adoption of the streamlined mechanism.

Expected Benefits

The Draft Royal Decree is expected to:

  • Expand the categories of licenses eligible for simplified renewal
  • Reduce administrative burdens and processing times
  • Ensure uninterrupted business operations
  • Improve efficiency in government revenue collection
  • Promote domestic and foreign investment by supporting continuous business activity
  • Enhance certainty and predictability for license-dependent businesses

Conclusion

The Draft Royal Decree represents a significant evolution in Thailand’s licensing framework. By expanding the range of license types and strengthening regulatory oversight while preserving a simplified renewal mechanism, the measure strikes an effective balance between rigorous governance and practical convenience. This reform ultimately contributes to a more transparent, predictable, and business-friendly regulatory environment.

Author: Panisa Suwanmatajarn, Managing Partner.

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Replacing Consular Legalization with Apostille: Thailand’s Step Toward Global Document Simplification

Introduction:

In a move aimed at streamlining international document authentication and enhancing Thailand’s integration into global legal frameworks, the Ministry of Foreign Affairs (MFA) has proposed the ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, commonly known as the Apostille Convention. This proposal, part of ongoing efforts to modernize consular services, reflects Thailand’s commitment to facilitating cross-border transactions, trade, and mobility. As of December 2025, Thailand remains a non-party to the convention, but preparations for accession are well underway, building on initiatives launched in recent years. This article explores the nature of the Apostille Convention, the MFA’s plans, the potential benefits for Thailand, and related considerations.

What is the Apostille Convention?

The Apostille Convention, formally titled the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, is an international treaty administered by the Hague Conference on Private International Law (HCCH). Its primary purpose is to simplify the process of authenticating public documents for use abroad, eliminating the need for complex and time-consuming chains of certifications through diplomatic or consular channels.

Under the convention, a single “apostille” certificate issued by a designated competent authority in the document’s country of origin suffices to verify its authenticity for use in any other contracting state. This apostille certifies the signature, the capacity of the signer, and the seal or stamp on the document, but not its content. Eligible documents include court orders, administrative records (such as birth, marriage, or death certificates), notarial acts, and official endorsements on private documents. However, the convention excludes documents issued by diplomatic agents, those related to commercial or customs operations, and certain administrative papers.

The process works as follows: A competent authority—often a ministry of foreign affairs, justice department, or regional office—affixes the apostille, which must conform to a standardized format with ten numbered fields in French (the convention’s working language). This includes details like the issuing country, signer’s name, date, and the authority’s signature and seal. Once apostilled, the document requires no further legalization in the destination country, though translations may still be needed separately. As of 2025, the convention has 128 contracting states, including major economies like the United States, China, India, and most European nations, making it one of the most widely adopted private international law instruments.

The Ministry of Foreign Affairs’ Plan:

Thailand joined the HCCH as a member state on 3 March 2021, marking a significant step toward greater involvement in international legal cooperation. Since then, the MFA has actively pursued accession to several HCCH conventions, including the Apostille Convention. The ministry’s proposal for ratification involves formal accession procedures, which Thailand officially initiated by 2024. This includes internal preparations such as developing a new legalization system to align with apostille standards, which is expected to reduce the current multi-step consular legalization process.

The MFA’s Department of Consular Affairs and Department of Treaties and Legal Affairs have been at the forefront of these efforts. Recent activities include hosting side events and workshops to discuss the convention’s developments and Thailand’s readiness, emphasizing collaboration with the public and private sectors to upgrade services. While no exact timeline for ratification has been publicly announced as of late 2025, progress indicates that Thailand is on track to become a party in the near future, potentially within the next year or two. This proposal aligns with broader goals of digitalizing consular services and reducing bureaucratic hurdles for Thai citizens and foreign entities dealing with Thai documents.

Currently, documents from or for use in Thailand require full consular legalization, involving authentication by the MFA and then by the embassy or consulate of the destination country—a process that can take weeks or months. Ratification would replace this with a simpler apostille system for transactions with other member states.

Benefits of Joining the Apostille Convention:

Accession to the Apostille Convention would bring substantial advantages to Thailand, particularly in an era of increasing globalization and economic interconnectivity. Key benefits include:

  • Efficiency and Cost Savings: The current legalization process is cumbersome and expensive, often requiring multiple visits to government offices and fees at each stage. An apostille system would streamline this into a single certification, reducing processing time from weeks to days and lowering costs for individuals and businesses. This is especially beneficial for frequent international dealings, such as exporting goods, studying abroad, or marrying internationally.
  • Facilitation of Trade and Investment: As a major exporter and hub for foreign investment in Southeast Asia, Thailand stands to gain from easier document recognition. Businesses could more readily authenticate contracts, patents, and corporate documents, boosting trade with the convention’s 128 member states. This aligns with Thailand’s economic strategies, including the Eastern Economic Corridor and free trade agreements.
  • Enhanced Mobility for Citizens: Thai nationals working, studying, or residing abroad would face fewer obstacles in presenting documents like educational certificates, birth records, or powers of attorney. Similarly, foreigners in Thailand—such as expatriates, tourists, or investors—would benefit from simplified authentication of their home-country documents.
  • Alignment with Regional and Global Standards: Several ASEAN neighbors, including Indonesia, Malaysia (in preparation), and the Philippines, are parties or planning to join. Accession would position Thailand as a more attractive destination for international cooperation, potentially increasing tourism, education exchanges, and legal services.
  • Digital Advancements: The convention encourages electronic apostilles (e-Apostilles), which Thailand could adopt to further modernize its systems, reducing paper-based processes and enhancing security through digital registries.

Overall, joining would cut down on the “sophisticated legalization process,” as noted by the MFA, and promote Thailand’s image as a forward-thinking nation in international law.

Challenges and Next Steps:

Despite the clear advantages, challenges remain. Thailand lacks a formal notary public system, which could complicate designating competent authorities for issuing apostilles. Additionally, legislative amendments and training for officials will be necessary to ensure smooth implementation. The MFA must also coordinate with other ministries, such as Justice and Interior, to establish apostille-issuing bodies.

Next steps include completing internal reviews, securing Cabinet and parliamentary approval for ratification, and depositing the instrument of accession with the HCCH. Once ratified, the convention would enter into force for Thailand after a standard objection period, typically six months. The MFA continues to engage in international dialogues, such as those at the Asian-African Legal Consultative Organization (AALCO), to learn from other acceding states.

Conclusion:

The Ministry of Foreign Affairs’ proposal to ratify the Apostille Convention represents a strategic advancement for Thailand’s international legal framework. By simplifying document authentication, this move would not only reduce administrative burdens but also foster economic growth, citizen mobility, and global partnerships. As preparations progress, stakeholders anticipate that accession will soon transform how Thailand interacts with the world, aligning it more closely with international best practices.

Author: Panisa Suwanmatajarn, Managing Partner.

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Proposed Relaxations to Foreign Exchange Regulations

Current Framework and Underlying Issues:

Thailand’s foreign exchange regulations, administered by the Bank of Thailand (BOT) under the authority of the Ministry of Finance (MOF), are designed to centralize foreign currency flows, channel them toward public benefit, and maintain the stability of the Thai baht. These rules govern transactions involving the purchase, sale, exchange, or transfer of foreign currencies, which must be conducted through licensed authorized entities, such as commercial banks. Key provisions include the mandatory repatriation of foreign-sourced income exceeding USD 1 million (or equivalent) within 360 days of receipt—encompassing proceeds from exports, services, loans, and investments—and the requirement for investors to notify the BOT prior to outbound transfers for foreign securities investments. Upon notification, the BOT issues an Intention Acknowledgment Certificate, which must be submitted to banks as proof of compliance.

Despite these measures supporting macroeconomic stability, they have introduced structural challenges in an era of expanding international trade and investment. The continuous growth in cross-border commerce has heightened the demand for efficient foreign currency management among businesses and individuals, including handling overseas revenues, diversifying portfolios through foreign securities, and mitigating exchange rate risks. However, the current thresholds and procedural mandates impose administrative burdens, elevate cross-border transfer costs, and constrain liquidity. For instance, the rigid repatriation rule compels entities to return funds promptly, even when retaining them abroad could optimize future payments or consolidate inflows, thereby increasing operational inefficiencies and opportunity costs. Similarly, the pre-notification process for investments adds layers of documentation and coordination among investors, banks, and the BOT, hindering timely access to global markets. These constraints, rooted in pre-existing foreign exchange ecosystem limitations, have been progressively addressed since 2020 through phased reforms, yet residual rigidities persist amid volatile global conditions.

Proposed Amendments and Their Rationale:

To address these issues and advance the BOT’s Foreign Exchange Ecosystem Development Plan—initiated in 2020 to foster balanced capital flows, enhance transaction flexibility, and reduce private sector costs—the MOF and BOT are currently conducting a public consultation on targeted relaxations. This initiative aligns with broader efforts to modernize Thailand’s financial framework, promoting resilience against currency fluctuations while upholding oversight. The proposals, detailed in a draft ministerial regulation, encompass two principal amendments, effective upon gazette publication following stakeholder input.

1.  Elevation of the Foreign Income Repatriation Threshold: Under the existing regime, any person or entity that earns USD 1 million or more in foreign income must repatriate it to Thailand—via sale to an authorized bank or deposit in a foreign currency account—within 360 days. The proposed change raises this threshold to USD 10 million or equivalent, exempting smaller inflows from mandatory return. This relaxation directly alleviates liquidity pressures by permitting the retention of funds abroad for strategic uses, such as offsetting future overseas obligations or aggregating receipts for a single, cost-efficient repatriation. By minimizing frequent transfers, it curtails associated fees and administrative efforts, thereby streamlining cash flow management without compromising the centralization of substantial inflows for macroeconomic monitoring.

2.  Streamlining Documentation for Outbound Foreign Securities Investments: Presently, investors intending to transfer funds abroad for securities must submit a prior notification to the BOT, including relevant details via designated systems, to obtain the Intention Acknowledgment Certificate for presentation to commercial banks. This step, while ensuring regulatory adherence, generates redundant paperwork and delays. The amendment eliminates this BOT notification and certificate issuance, substituting it with a simplified acknowledgment form—attesting to the investor’s awareness of applicable guidelines and commitment to compliance—submitted directly to the commercial bank. Applicable to non-retail outbound investments (excluding those via Thai intermediaries such as securities firms or personal funds), this reform expedites processing, reduces inter-institutional coordination, and empowers banks to handle verifications autonomously. Collectively, these measures enhance operational agility, lower compliance costs, and facilitate portfolio diversification, supporting Thailand’s integration into global capital markets.

Anticipated Benefits and Stakeholder Impacts:

The proposed relaxations are projected to yield predominantly positive economic outcomes, bolstering efficiency across the financial ecosystem while mitigating risks to baht stability through retained thresholds and reporting safeguards. No new licensing systems, committees, criminal penalties, or discretionary powers for officials are introduced, preserving a principles-based approach.

•  Businesses and Individuals: Enhanced flexibility in managing overseas earnings will enable more effective financial planning, such as retaining funds for international expenditures or risk hedging, thereby reducing transfer expenses and improving overall liquidity. This is particularly advantageous for exporters and service providers navigating volatile trade environments.

•  Thai Investors: Simplified outbound investment procedures will accelerate access to foreign securities, promoting risk diversification and yield optimization without the encumbrance of multi-step approvals, ultimately fostering greater participation in international markets.

•  Commercial Banks: Relief from BOT-mediated notifications and certificate handling will streamline transaction facilitation, diminish internal workflows, and improve client service, allowing banks to focus on core advisory and execution roles.

Broader societal benefits include reinforced economic resilience, as these changes align with ongoing BOT initiatives to counter baht appreciation pressures and structural market imbalances. Environmental or social impacts are negligible, with primary effects confined to financial operations.

Conclusion:

These proposed amendments by the MOF and BOT represent a measured evolution in Thailand’s foreign exchange regime, directly tackling administrative hurdles to unlock greater efficiency in cross-border finance. By elevating repatriation thresholds and rationalizing investment documentation, the reforms will empower stakeholders to navigate global opportunities with reduced friction, while safeguarding systemic stability. As Thailand’s economy deepens its international ties, such targeted enhancements underscore a commitment to adaptive, stakeholder-informed policymaking.

Author: Panisa Suwanmatajarn, Managing Partner.

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EEC: Consolidated Draft Notification on Private and Public-Private Investment

The Eastern Economic Corridor Office (EECO) has released for public hearing a comprehensive Draft Notification of the Eastern Economic Corridor Policy Committee titled “Criteria, Procedures and Conditions for Joint Investment with the Private Sector or for Allowing the Private Sector to be the Investor B.E. .…” (“Notification”).

Upon final promulgation, this single new Notification will repeal and replace all seven earlier versions issued between 2017 and 2020, thereby establishing a modern, unified and fully consolidated regulatory framework for every public-private partnership (PPP) and pure private-investment project in the Eastern Economic Corridor (EEC).

Current Challenges the Draft Seeks to Resolve:

The existing regime has suffered from:

  • Regulatory fragmentation caused by seven separate notifications and amendments over eight years, creating legal uncertainty and compliance complexity.
  • Excessive and unpredictable approval timelines due to overlapping reviews by multiple ministries and agencies.
  •  Inconsistent application of transparency rules, risk-allocation principles, and anti-corruption safeguards across projects.
  • Ambiguous or outdated provisions on non-competitive selection, contract amendments, post-contract supervision and arrangements after concession expiry.
  • Insufficient mandatory integration of private-sector consultation results and continuing public disclosure obligations.

How the New Draft Will Help:

The consolidated Notification introduces a clearer, faster, and more robust system:

1.  One single rulebook aligned with the Public-Private Partnership Act B.E. 2562 (2019) and international best practice.

2.  Strict timelines: 15 days for most completeness checks and agency comments; 30 days for Attorney-General review of contracts and amendments.

3.  Mandatory independent committees appointed by the EEC Policy Committee:

  • Selection Committee during procurement.
  • Supervisory Committee throughout the operational phase.

4.  Enhanced transparency and anti-corruption measures:

  • Compulsory private-sector hearing before finalizing feasibility studies and tender documents.
  • Publication of contract summaries and selection methodology within 30 days of signing.
  • Six-monthly public progress reports.
  • Automatic reporting to the National Anti-Corruption Commission (NACC) and State Audit Office.

5.  Explicit value-for-money and risk-allocation requirements in every feasibility study.

6.  Tiered contract-amendment procedure (minor → material → affecting Cabinet-approved principles) with corresponding approval levels.

7.  Obligation, at least five years before expiry, to prepare and obtain approval for a post-concession strategy (re-tender, state takeover, or extension).

8.  Competitive bidding as the unequivocal default; any non-bidding method requires detailed justification and prior Policy Committee approval.

Core Requirements and Procedural Stages:

1.  Project Proposal and Approval

  • Preliminary outline submitted to the EEC Policy Committee.
  • Full feasibility study (technical, financial, economic, legal, environmental, and risk analysis) prepared by qualified Thai/international consultants.
  • Circulation for 15-day comments from relevant ministries and agencies.
  • Final “Project Principles” submitted for Policy Committee approval (and Cabinet where budget or borrowing is required).

2.  Private Investor Selection

  • Invitation-to-tender documents, TOR, and draft contract prepared and approved by the Selection Committee.
  • Competitive bidding mandatory unless exceptional non-bidding approval is granted.
  • Winning investor must incorporate a new Thai-registered project company as the contracting entity.

3.  Supervision and Monitoring

  • Supervisory Committee appointed upon contract signature; meets quarterly and reports to EECO every three months with full information-request powers.

4.  Transparency, Consultation and Reporting

  • Mandatory private-sector hearing and incorporation of results into studies and tender documents.
  • Ongoing public disclosure throughout the project lifecycle.

Who Will Benefit:

  • Private investors and financial institutions: greater legal certainty, shorter and more predictable timelines, clearer amendment rules.
  • Sponsoring government agencies: single consolidated procedure, reduced duplication, stronger governance tools.
  • The general public and civil society: systematic consultation rights and continuous access to project information.
  • The EEC region overall: accelerated delivery of high-quality infrastructure and industrial projects with lower execution and reputational risk.

Preparations Required:

Government agencies planning EEC projects should now:

  • Reformat existing project pipelines to the new documentation standards and timelines.
  • Allocate budget for qualified Thai and international consultants (feasibility, financial modelling, tender documentation).
  • Build internal capacity for mandatory private-sector hearings and ongoing disclosure obligations.
  • Train staff on Selection Committee and Supervisory Committee procedures.

Private investors and consortiums should:

  • Monitor the final text after the public hearing process.
  • Prepare bidding and financing structures for the mandatory new Thai project-company requirement.
  • Strengthen compliance systems for integrity pacts and enhanced beneficial-ownership disclosure.

The draft is currently open for public hearing. Following the incorporation of stakeholder comments and publication in the Government Gazette, it will become the exclusive governing regulation for all future EEC investment projects, delivering a markedly more transparent, efficient, and investor-friendly environment for Thailand’s flagship economic corridor.

Author: Panisa Suwanmatajarn, Managing Partner.

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U.S. Expands Tariff Exemptions on Key Agricultural Products: Implications for Global Trade

On 14 November 2025, the U.S. government issued an executive order entitled “Modifying the Scope of the Reciprocal Tariff with Respect to Certain Agricultural Products” (the “Executive Order“), which updates and expands the exemptions previously provided under the reciprocal tariff regime established on 2 April 2025.

The issuance of this Executive Order follows mounting political pressure arising from nationwide increases in consumer prices for supermarket goods. Over the past year, distributors have raised prices on beef, coffee, chocolate, and other common food products, primarily attributable to existing tariff measures.

On 17 November 2025, a White House spokesperson reiterated the U.S. government’s commitment to its tariff policy, emphasizing that it has generated trillions of dollars in investment and employment within the United States and facilitated unprecedented trade agreements that have benefited U.S. workers, industries, and farmers.

Exempted Products

The Executive Order introduces new exemptions covering a wide range of agricultural products—particularly items that the United States either cannot produce domestically or cannot produce in sufficient quantities. These include bananas, coffee, tomatoes, avocados, coconuts, oranges, pineapples, black tea, green tea, and spices such as cinnamon and nutmeg.

Although the tariff relief is intended to ease pressures on retail food prices, experts caution that global supply constraints may continue to drive costs upward. Coffee and beef remain particularly vulnerable given tight global supply conditions and the cumulative impact of the existing tariff framework.

Analysis of Key Exempted Products

Beef: The exemption for beef follows months of sharp price increases, partly driven by prior tariff policies. A severe supply squeeze—exacerbated by high tariffs on major suppliers and historically low U.S. cattle inventories—has pushed supermarket beef prices up by 12–18%.

Coffee: Coffee has emerged as one of the most visible examples of the unintended effects of tariff policy. The 50% tariff on Brazilian coffee, one of the United States’ top three suppliers, has significantly raised costs throughout the supply chain. As the U.S. does not cultivate its own coffee beans, businesses have had limited options to mitigate these cost increases.

Cocoa: Cocoa prices have faced similar upward pressure. While futures prices have softened slightly, they remain more than double pre-pandemic levels (approximately USD 5,300 per metric ton), driven by tariff measures and poor harvests in Côte d’Ivoire and Ghana.

Stakeholders Affected by the Modified Reciprocal Tariffs

The Executive Order modifying the scope of reciprocal tariffs on key agricultural products affects multiple stakeholders across the global supply chain. The primary groups include:

1. Importers, Distributors, and Retailers

  • U.S. businesses importing and distributing beef, coffee, cocoa, and other exempted products will experience changes in cost structures due to revised tariffs.
  • Retailers will benefit from reduced costs, potentially moderating consumer prices; however, global supply constraints may continue to impact pricing.

2. Foreign Exporters and Producers

  • Exporters, including Thai agricultural and food companies, will gain new market opportunities under the revised exemptions.
  • Producers in key exporting countries (e.g., Brazil for coffee, Côte d’Ivoire and Ghana for cocoa) will need to adjust production, harvesting, and logistics to meet changing U.S. demand.

3. Investors and Policy Makers

  • Investors in agricultural commodities and related industries may adjust their strategies in response to tariff changes and market signals.
  • Trade regulators and government agencies will oversee compliance with the modified tariff framework to ensure proper implementation and facilitate smooth trade flows.

Conclusion

The Executive Order modifying reciprocal tariffs on key agricultural products represents a significant development for international trade and market dynamics. By expanding exemptions for products such as beef, coffee, cocoa, and various fruits and spices, the policy aims to alleviate retail food price pressures while responding to political and economic concerns domestically. Although the relief provides opportunities for exporters—particularly within Thailand’s agricultural and food sectors—global supply constraints and market volatility will continue to impact prices. Stakeholders across the supply chain, including importers, distributors, exporters, producers, investors, and policy makers, must monitor regulatory updates closely, adjust strategies accordingly, and ensure compliance to capitalize on emerging opportunities under the revised tariff framework.

Author: Panisa Suwanmatajarn, Managing Partner.

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Quick Big Win Policy: Enhancing SME Growth, Competitiveness, and Economic Development

On 14 November 2025, the Ministry of Finance announced a comprehensive support package for small and medium-sized enterprises (SMEs) (the “Package“) under the government’s “Quick Big Win” policy. The Package is scheduled for consideration by the Economic Policy Committee.

1. Financial Measures: Strengthening SME Liquidity

The Ministry of Finance will provide low-interest loans (soft loans) to facilitate SME access to funding and enhance existing credit guarantee programmes.

Additionally, a new credit guarantee facility funded by the Financial Institutions Development Fund (FIDF) will be launched with more flexible terms to improve SME loan accessibility. The Bank of Thailand (BOT) is finalizing operational details to ensure seamless implementation.

2. Tax Measures: Promoting Fair Competition

Two tax-related initiatives have been prepared to support SME competitiveness:

  • Customs Measures – Import duties will be imposed on all goods purchased through online platforms from the first baht, effective 1 January 2026. This measure aims to ensure a level playing field and enhance the competitiveness of local businesses.
  • Revenue Measures – The tax authority will expedite tax refund processes to return liquidity to SMEs more efficiently.

3. Demand-Side Measures: Increasing Public Procurement from Thai SMEs

Government agencies will be encouraged to increase procurement of products from Thai SMEs. Government purchase orders will be recorded in a digital system, enabling SMEs to use verified orders as supporting documentation for bank loan applications and thereby improve their access to financing.

Key Benefits for Thai Citizens

1. Strengthened SMEs and Enhanced Employment Opportunities

Improved access to loans and credit guarantees enables SME growth, creating additional employment opportunities and increasing household incomes.

2. Fairer Market Competition

Customs measures on low-value imports protect local businesses, providing Thai SMEs with enhanced competitive opportunities and enabling them to offer diverse product ranges.

3. Support for Local Products and Economic Growth

Government procurement of Thai SME products increases sales opportunities and financial stability, stimulating broader economic development.

Conclusion

The Quick Big Win Policy provides a strategic framework for strengthening Thailand’s SMEs through financial support, equitable tax measures, and increased government procurement. By improving access to credit, promoting fair competition, and supporting domestic sales, the Package enhances SME growth, employment generation, and economic stability. The initiative represents a comprehensive approach to empowering SMEs as a key driver of Thailand’s sustainable economic development.

Author: Panisa Suwanmatajarn, Managing Partner.

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