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Institutional Cooperation Between the DIP and Thai FDA: A New Framework for Health Product Innovation

On 8 September 2025, the Department of Intellectual Property (“DIP”) and the Thai Food and Drug Administration (“Thai FDA”) entered into a Memorandum of Understanding (“MOU”) to enhance cooperation on patent capacity building and regulatory governance for health products. Recognizing patents as a fundamental legal mechanism for protecting innovations from unauthorized imitation, this initiative aims to strengthen Thailand’s health product industry, promote exports, and enhance global competitiveness.

Key Areas of Cooperation

Under the MOU, the two authorities will collaborate to integrate intellectual property protection with regulatory oversight across the product lifecycle:

  • DIP: The DIP will provide access to comprehensive, accurate, and up-to-date patent and intellectual property information to support innovation planning, research and development (“R&D”), and strategic decision-making.
  • Thai FDA: The Thai FDA will promote regulatory compliance and health product registration knowledge, particularly in relation to medicines and other regulated health products, and support coordination with patent-related processes where relevant.
  • Joint Initiatives: Both authorities will engage in technical and academic cooperation, including expedited registration of patents, petty patents, and trademarks relating to medicines and health products through the DIP’s Fast Track services.

Implementation Plan for 2026

To ensure practical and measurable outcomes, the MOU establishes concrete implementation measures for 2026, including:

  • The exchange of information relating to health product registration and patent applications to improve efficiency and policy coordination;
  • Joint training programs on patent information searches, covering both theoretical and practical aspects, to strengthen integrated operational capacity; and
  • The deployment of patent expiration and near-expiration alert systems to ensure that rights holders receive advance notification, enabling timely patent renewal and continued product protection.

The initial phase of implementation will focus on pharmaceutical products as a pilot area, with the scope potentially expanding to other health products regulated by the Thai FDA in subsequent phases.

Key Benefits for Businesses

The integration of data and workflows between the DIP and the Thai FDA is expected to generate tangible benefits for businesses operating in Thailand’s health product sector, including:

  • Faster and more efficient access to regulatory and intellectual property-related public services;
  • Improved alignment between patent strategies and regulatory approval pathways; and
  • Enhanced support for R&D, intellectual property protection, and commercialization of health products in both domestic and international markets.

Conclusion

The MOU between the DIP and the Thai FDA represents a significant advancement toward closer integration of intellectual property protection and regulatory governance for health products in Thailand. By strengthening institutional coordination, streamlining information exchange, and aligning patent management with regulatory processes, the framework establishes concrete implementation measures for 2026 While the initial phase provides a clear implementation roadmap, the cooperation plans for subsequent phases have not yet been announced. Accordingly, further developments and any expansion of the scope of cooperation will need to be closely monitored

Author: Panisa Suwanmatajarn, Managing Partner.

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Thai Cabinet Approves Draft Regulation Adding PAT to List of Government Agencies Eligible for Administrative Legal Execution

The Thai Cabinet has approved the draft Ministerial Regulation Prescribing Government Agencies Authorized to Request Administrative Enforcement B.E. .…, as proposed by the Ministry of Transport. A key amendment under this draft regulation is the inclusion of the Port Authority of Thailand (PAT) among the government agencies authorized to submit requests for administrative execution to legal execution officers.

This amendment is expected to strengthen PAT’s authority to enforce administrative fines and execute payment-related administrative orders in accordance with applicable laws. It is also anticipated to enhance regulatory efficiency at major ports nationwide, thereby supporting port operations and improving service standards.

Background

As PAT is established as a state enterprise, it does not fall within the scope of the Administrative Procedure Act B.E. 2539 (1996) and has therefore been unable to directly request administrative execution by legal execution officers.

Consequently, when individuals or companies fail to comply with payment obligations arising from PAT’s orders, PAT has had limited means to enforce compliance. This limitation has resulted in delays and inefficiencies in executing payment orders, with numerous cases remaining unresolved due to the lack of direct enforcement authority.

PAT’s New Administrative Execution Authority

Designating PAT as an eligible government agency under this draft regulation will enable it to apply standard administrative execution procedures and significantly improve its ability to collect outstanding debts and enforce payment-related administrative orders in a manner comparable to other government agencies.

Once the regulation enters into force, PAT will be entitled to directly request the court to appoint legal execution officers to seize or sell assets of individuals or businesses that fail to comply with administrative orders requiring payment, including through public auction procedures.

Key Impact on the Private Sector and Business Operators

  1. Stricter compliance with PAT orders: Businesses must promptly comply with PAT’s fees, fines, and administrative orders to avoid enforcement by court-appointed execution officers.
  2. Expedited dispute handling: Businesses and investors will need to respond more promptly to administrative notices, as delays may lead to administrative execution proceedings.
  3. Clearer enforcement procedures: Enforcement actions such as asset seizure and auction will follow uniform, transparent procedures, enabling businesses to better anticipate outcomes.
  4. Enhanced internal compliance requirements: Companies may need to strengthen internal controls to ensure timely payments and avoid additional costs or enforcement measures.
  5. Reduced reliance on civil litigation: Enforcement will primarily proceed through administrative execution rather than civil court proceedings, while the right to challenge orders before administrative courts remains preserved.

Conclusion

This draft regulation represents a significant development in empowering PAT to function more effectively as a regulatory authority. By enabling PAT to request legal execution of payment-related administrative orders, the government aims to enhance enforcement efficiency and ensure stronger compliance. This change is expected to materially affect how private businesses interact with PAT, making enforcement processes clearer, more expeditious, and more predictable.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s Social Security Reform: From Draft to Implementation of the New Wage Base

Further to our previous article, “Thailand’s Social Security Reform” (https://thelegal.co.th/2024/12/16/thailand-social-security-reform/), which explained the draft Ministerial Regulation on the revision of the wage base for social security contributions, the Thai Cabinet has now approved the draft regulation prescribing the minimum and maximum wage rates to be used as the contribution base.

This development represents a significant milestone, as the regulation has progressed beyond the proposal stage and received formal endorsement, accompanied by clear implementation timelines.

Background and Key Changes

The approved regulation repeals Ministerial Regulation No. 7 B.E. 2538 (1995), which had maintained a fixed wage base of 1,650–15,000 baht per month for nearly three decades. This framework no longer accurately reflected prevailing wage levels, contemporary economic conditions, or inflationary trends.

The new regulation modernizes the system through a gradual increase in the maximum wage base while preserving the existing minimum threshold, thereby providing stakeholders with adequate time to adjust to the changes.

Phased Implementation of the New Wage Base

Phase 1: 1 January B.E. 2569 (2026) – 31 December B.E. 2571 (2028)

  • Minimum: 1,650 baht/month
  • Maximum: 17,500 baht/month

Phase 2: 1 January B.E. 2572 (2029) – 31 December B.E. 2574 (2031)

  • Minimum: 1,650 baht/month
  • Maximum: 20,000 baht/month

Phase 3: From 1 January B.E. 2575 (2032) onwards

  • Minimum: 1,650 baht/month
  • Maximum: 23,000 baht/month

Practical Implications

As discussed in our previous article, the revised wage base will result in higher contribution ceilings and, correspondingly, enhanced social security benefits particularly for employees whose earnings exceed the former cap. Concurrently, the phased implementation approach enables employers to manage increased contribution obligations in a predictable and manageable manner.

From a systemic perspective, this adjustment strengthens the long-term fiscal sustainability of the Social Security Fund and better positions it to address demographic shifts, including Thailand’s aging population.

Conclusion

With Cabinet approval now secured, the reform of Thailand’s social security wage base has transitioned from conceptual framework to actionable implementation. While the substantive elements of the reform remain consistent with the earlier draft, the confirmation of effective dates provides legal certainty for employers, employees, and policymakers alike.

This milestone represents a significant step forward in aligning Thailand’s social security system with current economic realities and international best practices.

Related Article: https://thelegal.co.th/2024/12/16/thailand-social-security-reform/

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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DBD Proposes New Digital Measures to Streamline Business Registration in Thailand

The Department of Business Development (“DBD”), under the Ministry of Commerce, has continued to advance its efforts to support entrepreneurs through the “DBD Biz Regist System,” an online platform designed to simplify the process of registering partnerships and companies in Thailand. However, currently, the DBD Biz Regist system is available in the Thai language only.

The DBD has introduced the Draft Central Partnership and Company Registration Office Regulation on the Registration of Partnerships and Companies via the Digital Business Registration System (DBD Biz Regist) (No. ..) B.E. …. (the “Draft Regulation“), which is now open for public hearing. The Draft Regulation aims to revise the criteria and procedures for business registration to better reflect current technological capabilities and user needs.

Key Highlights of the Draft Regulation

1. Electronic Signatures

The Draft Regulation introduces an additional method for electronic signing using the digital identification and authentication system available through Krung Thai Bank Public Company Limited (“Krung Thai”) via the Pao Tang application.

2. Digital Membership Registration

Entrepreneurs will be able to register for a username and password to access the DBD Biz Regist system using Krung Thai’s digital identity verification service through the Pao Tang application.

3. Simplified Login Process

The Draft Regulation introduces an option for users to verify their identity and log in directly to the DBD Biz Regist platform via the Pao Tang application.

The Draft Regulation is open for public hearing until 25 November 2025. After ending of the public hearing period, the DBD will submit the feedback and comments received to the DBD committee for further consideration. If the Draft Regulation is approved by the Director-General of the DBD, it will formally enter into force and be published on the DBD’s official website, which is expected to take effect next year (2026). Once implemented, these updates are expected to streamline the registration process, enhance security, and improve accessibility, ultimately fostering a more supportive environment for business operations in Thailand.

Author: Panisa Suwanmatajarn, Managing Partner.

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