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.

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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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.

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First-Baht Import Duty Collection under the Quick Big Win Initiative: Towards a Fair and Sustainable E-Commerce Market

On 25 December 2024, the Ministry of Finance issued a temporary measure exempting import duties on consignments valued at no more than THB 1,500 per item purchased through foreign-operated e-commerce platforms, subject to the declaration of the “LVG” code on the commercial invoice. This exemption remained in effect from 1 January 2025 to 31 December 2025.

Subsequently, in accordance with the government’s Quick Big Win policy, the Customs Department implemented the collection of import duties on all online purchases from the first baht, effective 1 January 2026. This measure applies to both domestic and international e-commerce platforms. The authorities continue to coordinate with platform operators to ensure compliance and prevent the distribution of unlicensed or substandard goods.

Quick Big Win Policy of the Customs Department

The Quick Big Win policy of the Customs Department comprises three principal pillars:

• Trade Enabler – Enhancing trade facilitation by revising customs regulations and procedures that constitute barriers to import and export operations, improving logistics efficiency, and permitting Inland Container Depots (ICDs) to conduct customs clearance for export goods directly.
• Social Protector – Safeguarding society against unlawful products through the execution of Memoranda of Understanding (MOUs) with online platforms to regulate and prevent the distribution of illegal goods.
• Revenue Collector – Ensuring equitable revenue collection with a target exceeding THB 600 billion, encompassing import duties, value-added tax (VAT), excise tax, and interior-related taxes.

New Measures: Collection from the First Baht

On 5 November 2025, the Director-General of the Customs Department announced that import duties would be collected on all goods purchased through online platforms from the first baht. This measure took effect on 1 January 2026, in alignment with the government’s Quick Big Win policy.

The measure applies to transactions conducted via major domestic e-commerce platforms, such as Shopee and Lazada, as well as international platforms, including TikTok, eBay, Amazon, and Alibaba. The Customs Department continues to coordinate closely with these platforms to ensure full compliance with applicable laws and to prevent the importation and distribution of unlicensed or substandard products that fail to meet national safety and quality standards.

Stakeholders Affected by the New Measure

1. Domestic Businesses – Local sellers benefit from a fairer competitive environment, as foreign sellers lose the cost advantage previously derived from import duty exemptions. While competition may intensify, pricing dynamics become more balanced.
2. Consumers – Imported goods may incur slightly higher costs; however, consumers benefit from enhanced product safety, improved quality assurance, and greater transparency, resulting from stricter controls on unauthorised or substandard items.
3. E-Commerce Platforms – Both domestic and international platforms (including Shopee, Lazada, TikTok, and Amazon) must ensure compliance with customs regulations, accurately report transactions, and prevent the sale of non-compliant products.

Conclusion

The transition from the low-value import duty exemption to a comprehensive duty collection framework strengthens fair competition by reducing the cost advantages previously enjoyed by overseas sellers. While certain imported goods may experience modest price increases, consumers benefit from improved safety standards, quality assurance, and pricing transparency. Concurrently, domestic businesses gain access to a more equitable competitive environment.

This measure also supports government revenue collection through duties, VAT, and excise taxes, aligning with Thailand’s Quick Big Win policy objectives. By balancing trade facilitation, consumer protection, and fiscal sustainability, the initiative fosters a more equitable and sustainable import and e-commerce market.

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Customs Duty: Duty Exemption Procedures under the Amended AANZFTA

The Second Protocol to Amend the ASEAN–Australia–New Zealand Free Trade Area (AANZFTA) modernizes the original agreement to align with contemporary trade practices. This amended agreement entered into force for Thailand and eight other Parties—Australia, New Zealand, Singapore, Brunei Darussalam, Malaysia, Lao People’s Democratic Republic, and the Socialist Republic of Viet Nam—on October 1, 2025, and for the Republic of the Union of Myanmar on October 12, 2025.

To fulfill Thailand’s obligations under the amended AANZFTA, the Customs Department of Thailand issued Notification No. 149/2568, titled “Criteria and Customs Procedures for Exemption and Reduction of Customs Duties under the ASEAN–Australia–New Zealand Free Trade Area (No. 3)” (“Notification”). This Notification aims to enhance trade facilitation, promote transparency, and ensure adherence to international trade commitments.

Criteria for Duty Exemption or Reduction:                                                        

To qualify for customs duty exemptions or reductions under the amended AANZFTA, goods must satisfy the following conditions:

1. Origin Requirement: Goods must originate from an ASEAN member country (limited to participating Parties), Australia, or New Zealand, as defined by the AANZFTA Rules of Origin.
2. Proof of Origin: Importers must provide either:
3. A Certificate of Origin (Form AANZ) issued by a competent authority; or
4. An Origin Declaration issued by an approved exporter.
5. Low-Value Imports: Goods with an FOB or CIF value not exceeding USD 200 per shipment are eligible for duty benefits without requiring a Certificate of Origin (Form AANZ) or an Origin Declaration.

Benefits of the Notification:

The Notification offers several advantages for businesses trading with AANZFTA member countries, including:

1. Cost Reduction and Competitiveness: Tariff reductions lower import costs, enabling businesses to offer competitive pricing and improve profitability.
2. Efficient Customs Processes: Standardized documentation and clear procedures expedite customs clearance and reduce border delays.
3. Support for Small and Medium Enterprises (SMEs): Simplified requirements for low-value imports (FOB/CIF ≤ USD 200) allow SMEs to access preferential rates without formal documentation.
4. Improved Trade Compliance: Uniform procedures facilitate adherence to international trade regulations, enhancing compliance and transparency.

Examples of Eligible Goods:

Goods qualifying for full or partial duty exemptions under the amended AANZFTA include:

•  Electronic Equipment: Blenders, washing machines, and air conditioners.

•  Food and Beverage Products: Eggs and truffles.

•  Other Goods: Golf balls, tables, and fountain pens.

Conclusion:

The Notification provides comprehensive guidance on the criteria and procedures for customs duty exemptions under the amended AANZFTA. Eligible goods meeting origin requirements and supported by appropriate documentation benefit from full or partial duty exemptions, reducing costs, streamlining customs processes, and supporting SMEs. By establishing transparent and standardized procedures, the Notification strengthens Thailand’s commitment to facilitating international trade while ensuring compliance with AANZFTA obligations.

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Thailand Streamlines Origin Certification Procedures for Exporters Under New DFT Notification

Pursuant to the mandate of the Ministry of Commerce, the Department of Foreign Trade (DFT) has been designated as the sole authority responsible for issuing Certificates of Origin (C/O) for goods exported from Thailand. The DFT recently issued the Notification on the Registration of Authorized Exporters for Self-Certification of Rules of Origin under International Trade Agreements or International Trade Practices B.E. 2568 (2025) (the “Notification”), which took effect on 1 October 2025.

This Notification establishes the criteria, procedures, and conditions for exporters to register and obtain authorization to perform self-certification of origin, enabling them to issue their own origin declarations to claim preferential tariff treatment or other benefits under international trade agreements.

Purpose of the Notification

The Notification enables exporters to certify the origin of their goods under regional trade agreements more efficiently, without relying exclusively on government-issued certificates of origin. The initiative is designed to:

• Facilitate international trade;
• Reduce administrative burdens; and
• Expand exporters’ access to preferential tariff treatment under applicable trade frameworks.

A Streamlined Digital Process

Under this Notification, registration is conducted through an enhanced digital system, which:

• Improves operational efficiency and transparency;
• Supports digital compliance monitoring by the DFT; and
• Enables faster access to preferential customs benefits, significantly reducing processing times.

This development provides qualified exporters with greater procedural efficiency, expedited access to tariff preferences, and reinforces Thailand’s commitment to regulatory harmonization in response to increasing global scrutiny of origin compliance.

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Logistics: Transforming Bangkok’s West Port into a SMART PORT

The Port Authority of Thailand (PAT) is revolutionizing Bangkok’s West Port in Khlong Toei by developing it into a SMART PORT. This initiative integrates advanced technologies and semi-automated systems to boost operational efficiency, minimize energy use, and prioritize environmental sustainability, aligning with global trade demands where over 90% of commerce relies on maritime transport.

Advanced Infrastructure for Enhanced Efficiency

The West Port transformation includes the deployment of two types of semi-automated equipment:

• Automated Rail Mounted Gantry Cranes (ARMG) for streamlined container handling.
• Automated Ship-to-Shore Cranes (STS) to facilitate efficient cargo transfer.

The project encompasses a 634-meter-long berth with a quay area of approximately 29,100 square meters (18.19 rai). The hinterland will expand to 176,023 square meters (110 rai), optimizing container handling capacity. These upgrades aim to modernize services to international standards, increase container throughput, and enhance customer satisfaction, with Phase 1 operations slated for 2030.

Commitment to Sustainability and Community Engagement

PAT is dedicated to balancing economic growth with environmental stewardship. A comprehensive Environmental and Health Impact Assessment (EHIA) has been conducted, focusing on four key areas:

1. Physical Environment: Analysis of topography, soil, geology, climate, air quality, noise, vibration, and water resources.
2. Biological Environment: Evaluation of terrestrial and aquatic biodiversity.
3. Environmental Management: Assessment of land use, transportation, water and wastewater management, flood control, electricity consumption, and waste management.
4. Quality of Life: Consideration of socio-economic impacts, public health, occupational safety, tourism, visual aesthetics, and cultural heritage.

To ensure transparency, PAT hosted a stakeholder forum, gathering input from government agencies, environmental organizations, NGOs, academics, local residents, and community leaders. This collaborative approach addresses public concerns and integrates community feedback to foster sustainable development and build trust.

Long-Term Vision: A Smart Community

The master plan for Khlong Toei Port, spanning 2,353 rai, has been under review since 2019. It envisions a mixed-use “Smart Community” with high-rise residential units, modern amenities, and a transport hub. This holistic development aims to integrate the port’s advancements with the needs of surrounding communities, creating a sustainable and interconnected urban ecosystem.

Key Takeaways

Long-Term Impact: The initiative supports Thailand’s economic growth while fostering a modern, sustainable “Smart Community” by 2030.

SMART PORT Transformation: Bangkok’s West Port is being upgraded with semi-automated cranes and advanced technologies to enhance efficiency and align with global trade standards.

Sustainability Focus: The project prioritizes environmental protection through comprehensive EHIA studies and sustainable practices.

Community-Centric Approach: Stakeholder engagement ensures transparency and incorporates public feedback for balanced development.

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New Labeling Requirements for Vehicles – Ensuring Transparency and Informed Choices for Consumers

Introduction

In a significant step toward enhancing consumer safeguards, the Office of the Consumer Protection Board (OCPB), Thailand’s primary authority on consumer rights, has designated a range of vehicles as “controlled labeling products.” This regulatory update, effective from 2023, mandates comprehensive and standardized labeling to promote transparency, mitigate transaction disputes, and empower consumers with essential information. The initiative underscores OCPB’s commitment to fostering fair market practices, particularly in the rapidly evolving automotive sector, including electric vehicles.

Background and Purpose

The decision follows an extensive review process initiated in 2023, encompassing detailed analyses of benefits, drawbacks, and impacts on both consumers and businesses. Public consultations with stakeholders ensured a balanced approach. As articulated by OCPB, the primary objectives are to protect consumer rights, standardize buying and selling processes, and cultivate market transparency. Vehicles involved in complex sales—such as automobiles, electric cars, motorcycles, electric motorcycles, and electric bicycles—often lead to misunderstandings if critical details are omitted. By enforcing clear labeling, OCPB aims to equip buyers with the tools for informed decisions, thereby reducing risks and bolstering confidence in the industry. This aligns with broader goals of equitable economic growth and sustainable consumption practices.

Key Labeling Requirements

Under the new guidelines, manufacturers and sellers must affix labels that clearly and comprehensively disclose vital product details. The required elements include:

•  Model Designation: The specific model name or identifier of the vehicle.

•  Manufacturing Date: Month and year of production.

•  Warranty Conditions: Detailed terms, including duration and coverage scope.

•  Battery Type (for electric models): Specifications of the battery, such as chemistry and capacity, to address safety and performance concerns.

These labels must be prominently displayed, using legible fonts and formats that ensure accessibility. Non-compliance may result in penalties, emphasizing the obligation for businesses to adhere strictly to the regulations. While the announcement focuses on vehicles, OCPB’s broader controlled labeling framework—applicable to various goods—typically requires additional universal elements, such as the product type, brand or trademark, manufacturer’s address, usage instructions (in fonts no smaller than 2 millimeters), warnings (in fonts no smaller than 5 millimeters where applicable), and production or expiration dates. For vehicles, these are integrated to provide a holistic view, preventing hazards and ensuring product integrity.

Implications for Businesses and Consumers

For manufacturers and retailers, this mandates proactive label design and production, potentially involving specialized printing services to meet precision standards. Compliant labeling not only avoids legal repercussions but also enhances brand reputation by signaling reliability. Consumers, in turn, benefit from reduced information asymmetry, enabling comparisons across models and averting post-purchase regrets.

Conclusion

The OCPB’s vehicle labeling mandate represents a forward-thinking regulatory evolution, harmonizing consumer protection with industry innovation. By prioritizing clarity and completeness in disclosures, it paves the way for trustworthy transactions and sustainable mobility solutions. Businesses are advised to consult OCPB guidelines promptly, while consumers should leverage available resources to exercise their rights vigilantly. This framework not only safeguards individual interests but also contributes to Thailand’s vision of a transparent  consumer-centric economy.

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