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  • Ambiguous or outdated provisions on non-competitive selection, contract amendments, post-contract supervision and arrangements after concession expiry.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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Thailand Targets 2026 as Investment-Driven Growth Year with Fast-Track Initiatives to Unlock 300 Billion Baht in Private Projects

The government has signaled a decisive shift toward investment-led economic growth for 2026, moving away from short-term consumption stimulus toward structural upgrades in human capital, industrial capabilities, and large-scale private-sector projects. After a series of fiscal measures helped the economy avoid a sharp slowdown in the final quarter of 2025, authorities now believe sustainable recovery must be anchored in accelerated private investment rather than continued household spending support.

Comprehensive Package:

It is expected that the Cabinet will pass the resolution to adopt a comprehensive package centered on three flagship programs designed to remove bottlenecks and catalyze new capital expenditure:

1.  The “Thailand Fast Pass” initiative, which will immediately unlock over 60 ready-to-proceed large-scale projects totaling more than 300 billion baht in committed investment for 2026. These projects, awaiting approval for investment promotion privileges, have been delayed by regulatory hurdles. The majority fall within high-growth sectors, including data centers, clean energy facilities, electric vehicles (EV), and printed circuit boards (PCB). Fast-track approvals will cover factory construction permits, water allocation, electricity connections, and other critical licenses, with Cabinet resolutions used to override remaining obstacles. The mechanism will later be institutionalized under ongoing regulatory reform efforts to prevent future delays.

2.  A 10 billion baht competitiveness enhancement fund for small and medium-sized enterprises (SMEs), providing subsidized upgrades of machinery, automation adoption, and cost-reduction measures to transition factories toward Industry 4.0 standards.

3.  An ambitious reskilling and upskilling program targeting 100,000 workers to meet demand in new S-curve industries, with a focus on advanced manufacturing, artificial intelligence, clean energy, and digital infrastructure.

In parallel, separate debt resolution frameworks for farmers and SMEs are being finalized, incorporating debt restructuring, interest relief, supply-chain financing, tax incentives for prompt payment, and mandatory transformation plans to prevent recurrence of non-performing loans. These measures are scheduled for Economic Cabinet review in the following weeks.

The strategy reflects recognition that Thailand can no longer rely on legacy advantages and must rapidly position itself as a regional hub for clean energy manufacturing, data center development, EV supply chains, and advanced electronics to remain competitive in a shifting global investment landscape.

Key Takeaways for Investment Opportunities:

•  2026 marks a clear policy pivot to private investment; expect significantly faster project execution in promoted sectors.

•  Data centers, renewable energy (especially floating solar and direct power purchase agreement), EV ecosystem, and PCB/electronics manufacturing face imminent regulatory clearance, creating a narrow window for early-mover positioning.

•  SME transformation subsidies and workforce upskilling will improve local supplier quality and capacity, indirectly supporting foreign investors reliant on Thai supply chains.

•  Debt relief programs combined with mandatory modernization requirements will strengthen the balance sheets of domestic partners in agriculture and manufacturing segments.

•  Overall easing of the regulatory environment, starting with the 300 billion baht fast track batch, signals broader structural improvement in Thailand’s ease of doing business ranking for large projects.

Author: Panisa Suwanmatajarn, Managing Partner.

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U.S.-Thailand Reciprocal Trade Framework: Opening New Digital Frontiers for U.S. Investment in Thailand and Thai Expansion into the American Market

Introduction:

Announced on October 26, 2025, the U.S.-Thailand Framework for a Reciprocal Trade Agreement marks a pivotal step toward deeper economic collaboration, with a clear emphasis on digital trade, services, and investment. Building on historic agreements—namely the 1966 Treaty of Amity and Economic Relations and the 2002 Trade and Investment Framework Agreement—this initiative removes longstanding obstacles, creating a more open and equitable environment. It empowers American companies to invest confidently in Thailand’s fast-growing digital ecosystem while providing Thai digital firms with meaningful access to the world’s largest consumer market, driving innovation and shared prosperity in an increasingly connected region.

Core Digital Provisions of the Framework:

The agreement introduces balanced, forward-looking commitments to modernize cross-border digital commerce. Thailand pledges to:

•  Refrain from imposing digital services taxes or measures that discriminate against U.S. digital offerings

•  Guarantee seamless cross-border data flows for legitimate business purposes

•  Advocate for a permanent WTO ban on customs duties for electronic transmissions

•  Eliminate film screen quotas

•  Reduce foreign ownership caps in telecommunications

•  Abolish mandatory in-country processing for retail payments using Thai-issued debit cards

These reforms, combined with efforts to curb distortions from state-owned enterprises and bolster supply chain security, establish a fair and predictable digital playing field for both nations.

Strategic Advantages for U.S. Digital Investment in Thailand:

American firms stand to gain significant leverage in Thailand’s digital economy, which now connects over 70 million users and serves as a vital node in ASEAN’s digital transformation. Eased telecom ownership rules enable U.S. companies to acquire stakes in local carriers, fund 5G rollouts, and co-develop next-generation infrastructure. Fintech innovators can now integrate payment systems, digital wallets, and blockchain services directly into Thailand’s banking ecosystem, accelerating financial inclusion.

A standout benefit is the assurance of unrestricted cross-border data movement. This allows U.S. enterprises to establish or partner with data centers in Thailand—positioning them as low-cost, low-latency hubs for regional operations. Cloud giants and enterprise IT providers can bypass forced localization mandates, streamline compliance, and serve Southeast Asian customers more efficiently.

Content platforms, e-commerce operators, and cloud service providers also benefit from non-discriminatory treatment and robust data protections, enabling localized offerings and scalable market presence. Emerging fields such as cybersecurity and AI gain from bilateral national security cooperation, opening doors to joint R&D and trusted technology partnerships. U.S. firms are advised to conduct thorough regulatory reviews, join trade working groups, and set up regional headquarters to fully exploit these openings.

Pathways for Thai Digital Companies into the U.S. Market:

The principle of reciprocity creates tangible inroads for Thai digital businesses in the United States. With guaranteed data mobility and non-discriminatory policies, Thai fintech and e-commerce players can deliver mobile payments, cross-border marketplaces, and SaaS solutions directly to American users and enterprises. Thai telecom providers can form U.S. subsidiaries or strategic alliances, bringing proven models of affordable, high-coverage connectivity to underserved communities or innovation ecosystems.

Streaming services and digital content creators from Thailand can distribute media globally without electronic transmission duties, thanks to WTO alignment. Digital health stands out as a high-potential sector. Drawing on Thailand’s advanced telemedicine networks, wearable health tech, AI diagnostics, and cost-effective remote care systems—honed under its universal healthcare model and near-total mobile penetration—Thai firms are uniquely equipped to tackle U.S. pain points in rural access, chronic care, and healthcare affordability.

The agreement’s data flow provisions enable secure integration of Thai platforms with U.S. electronic health records, supporting cross-border consultations and real-time monitoring. Thai AI startups can collaborate with American hospitals, insurers, and pharma companies to co-create FDA-cleared diagnostic tools. Thailand’s leadership in medical tourism data and health analytics further positions its firms to deliver backend optimization services to U.S. providers.

Success hinges on proactive compliance—especially HIPAA adherence and FDA clearance for software-based medical devices—along with strategic partnerships with U.S. health systems and venture investors. Participation in American accelerators and joint health-tech initiatives will accelerate validation and funding. Strengthened IP protections under the framework provide critical safeguards for Thai innovations in this regulated space.

Thai ventures in AI, cybersecurity, and digital health can also attract U.S. capital and form enduring alliances, supported by enhanced intellectual property rules and resilient supply chain collaboration. To thrive, Thai companies must align with U.S. standards, engage in bilateral forums, and secure relevant certifications to earn trust in a competitive landscape.

Conclusion:

The U.S.-Thailand Reciprocal Trade Framework lays a solid foundation for mutual digital advancement—enabling U.S. firms to deploy strategic data centers and expand operations in Thailand, while empowering Thai enterprises, especially in digital health, to scale into the American market. This balanced partnership fuels innovation, sharpens global competitiveness, and reinforces digital leadership across the Indo-Pacific. Businesses on both sides should closely track the agreement’s finalization and engage government and industry stakeholders to seize these high-impact opportunities.

Author: Panisa Suwanmatajarn, Managing Partner.

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U.S.-Thailand Framework for Reciprocal Trade Agreement: Enhancing Bilateral Economic Ties

Introduction:

On October 26, 2025, the United States and the Kingdom of Thailand announced a Framework for an Agreement on Reciprocal Trade, aimed at bolstering their longstanding economic partnership. This framework builds upon historical accords, including the Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America, established on May 29, 1966, and the Trade and Investment Framework Agreement between the United States of America and the Kingdom of Thailand, established on October 23, 2002. The agreement seeks to grant unprecedented market access for exporters from both nations, promoting mutual growth amid the challenges of global trade. Negotiations are expected to conclude in the coming weeks, paving the way for signature and implementation following domestic procedures.

Key Provisions of the Framework:

The framework outlines several key commitments aimed at reducing trade barriers and promoting fair practices. Thailand has pledged to eliminate tariffs on approximately 99 percent of U.S. goods, encompassing a broad spectrum of industrial, food, and agricultural products. In reciprocity, the United States will retain a 19 percent tariff on originating Thai goods, as established under Executive Order 14257 (amended), while designating select products from Annex III of Executive Order 14346 for zero percent tariffs.

Beyond tariffs, the agreement addresses non-tariff barriers impacting U.S. exports to Thailand. Notable commitments include:

  1. Acceptance of U.S.-manufactured vehicles compliant with federal safety and emissions standards
  2. Recognition of U.S. FDA certifications for medical devices and pharmaceuticals
  3. Issuance of import permits for U.S. ethanol as fuel
  4. Revisions to customs laws to eliminate reward systems for breaches
  5. Adoption of good regulatory practices

Additional provisions focus on labor rights, environmental standards, intellectual property protection, digital trade, services, and investment. Thailand will amend laws to safeguard workers’ freedom of association and collective bargaining, enhance enforcement against forced and child labor, and strengthen environmental protections, including combating illegal fishing and wildlife trade. Intellectual property commitments target issues such as trademark counterfeiting, copyright piracy, and patent backlogs.

In the digital and services sectors, Thailand agrees to:

  1. Avoid discriminatory digital services taxes
  2. Ensure cross-border data flows
  3. Support a permanent WTO moratorium on electronic transmission duties
  4. Refrain from film screen quotas
  5. Relax foreign ownership limits in telecommunications
  6. Eliminate in-country processing requirements for domestic debit card transactions

The framework also tackles distortions from state-owned enterprises and emphasizes economic and national security cooperation, including supply chain resilience, export controls, investment security, and measures against duty evasion.

Complementing these terms are forthcoming commercial deals valued at over 26.8 billion USD annually, including:

  1. 2.6 billion USD in U.S. agricultural exports (feed corn, soybean meal and DDGS)
  2. 5.4 billion USD in energy products (LNG, crude oil and ethane)
  3. 18.8 billion USD in aviation (procurement of 80 U.S. aircraft)

Expanded Opportunities for American Businesses Entering the Thai Market:

This framework transforms Thailand—Southeast Asia’s second-largest economy and a strategic gateway to ASEAN—into a high-priority destination for U.S. market expansion. Below are key sectors and actionable opportunities:

1. Automotive & Mobility

  1. Opportunity: Full acceptance of U.S. FMVSS and EPA standards removes years of regulatory friction.
  2. Action: U.S. automakers and Tier-1 suppliers can now export vehicles, EVs, and parts without costly re-certification. Establish assembly or distribution hubs in Thailand’s Eastern Economic Corridor (EEC) to serve ASEAN demand.
  3. Target: Electric pickup trucks, autonomous components, and aftermarket parts.

2. Healthcare & Life Sciences

  1. Opportunity: FDA pre-market authorizations are now accepted as sufficient for Thai registration.
  2. Action: Launch medical devices, biologics, and generics within months instead of years. Partner with Thai hospitals for clinical validation and co-develop digital health solutions using Thailand’s universal health data infrastructure.
  3. Target: Telemedicine platforms, wearable diagnostics, and oncology drugs.

3. Digital Infrastructure & Cloud Services

  1. Opportunity: Guaranteed cross-border data flows and no forced localization.
  2. Action: Build or lease hyperscale data centers in Bangkok or Chonburi to serve ASEAN latency-sensitive workloads. Offer sovereign cloud solutions compliant with Thai PDPA and U.S. CMMC standards.
  3. Target: AI training, financial services back-office, and e-commerce logistics.

4. Clean Energy & Biofuels

  1. Opportunity: First-time import permits for U.S. ethanol; growing demand for low-carbon fuels.
  2. Action: Develop blending terminals and co-invest in biorefineries. Supply SAF (sustainable aviation fuel) under the 18.8 billion USD aviation deal.
  3. Target: E15/E20 blends, renewable diesel, and carbon capture partnerships.

5. Aerospace & Defense (Civil)

  1. Opportunity: 18.8 billion USD in confirmed aircraft orders; follow-on MRO demand.
  2. Action: Establish MRO facilities in U-Tapao or Don Mueang. Offer pilot training, simulation, and digital twin services to Thai carriers.
  3. Target: Boeing 737/787 maintenance, engine overhauls, and avionics upgrades.

6. Fintech & Digital Payments

  1. Opportunity: Removal of in-country processing mandates for Thai-issued cards.
  2. Action: Deploy U.S. payment gateways for cross-border e-commerce. Launch embedded finance for Thai SMEs via API integrations.
  3. Target: Real-time payments, BNPL, and blockchain remittances.

7. Agriculture & Food Tech

  1. Opportunity: 99% tariff elimination + 2.6 billion USD annual purchase commitments.
  2. Action: Scale precision fermentation, vertical farming, and plant-based proteins for Thai urban markets. Use Thailand as a processing hub for re-export to China and India.
  3. Target: Alternative proteins, functional foods, and smart irrigation systems.

8. Telecommunications & 5G

  1. Opportunity: Eased foreign ownership caps (up to 100% in select licenses).
  2. Action: Acquire stakes in Thai telcos or form a JV for private 5G networks in smart cities and industrial parks.
  3. Target: Industry 4.0, IoT for logistics, and edge computing.

Strategic Recommendations for U.S. Companies:

  1. Conduct Annex III Mapping: Identify which HS codes qualify for 0% U.S. reciprocal tariffs to bundle Thai exports with U.S. value-add.
  2. Leverage the EEC Incentive Package: Combine trade benefits with Thailand’s BOI tax holidays (up to 13 years) and land ownership rights.
  3. Engage Early in Rule-Making: Participate in U.S.-Thailand working groups shaping good regulatory practices and digital governance standards.
  4. Build Local Partnerships: Use the Treaty of Amity to establish 100% U.S.-owned subsidiaries—a privilege not extended to most foreign investors.
  5. Monitor Final Text: Prepare compliance roadmaps for labor, IP, and environmental clauses to avoid future disputes.

Conclusion:

The U.S.-Thailand Framework for Reciprocal Trade represents a once-in-a-generation realignment of bilateral commerce. For American businesses, it dismantles decades-old barriers and positions Thailand as a low-risk, high-growth launchpad into ASEAN’s 670 million consumers. From Detroit automakers to Silicon Valley cloud giants, the opportunities are immediate and concrete. Companies that move swiftly—aligning products with Thai regulatory acceptance, securing BOI incentives, and locking in supply contracts—will define the next era of U.S. commercial leadership in Southeast Asia.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand Establishes Strategic Trade Negotiation Committee to Strengthen Trade Relations with the United States

Background and Strategic Context

As Thailand’s largest export market, the United States plays a pivotal role in the Thai economy, making U.S. tariff policies a matter of critical national importance. Following recent negotiations, the United States has agreed to maintain reciprocal tariffs at 19 percent on originating goods from Thailand, a significant reduction from the initially proposed 36 percent rate. The Thai government continues to pursue favorable tariff treatment to safeguard its export sectors, agricultural industries, manufacturing base, employment levels, and overall economic stability.

Establishment of the Strategic Trade Negotiation Committee

To enhance bilateral trade discussions with the United States and strengthen Thailand’s strategic trade and economic policy framework, the Thai government has established the Strategic Trade Negotiation Committee (“Committee“). The Cabinet has appointed the Deputy Prime Minister and Minister of Finance as Chairman of the Committee for Trade Negotiations with the United States, with a mandate to coordinate inter-ministerial efforts and advance policy-level coordination.

According to government statements, the Prime Minister has directed the Cabinet to establish the Committee, comprising ministers from six key ministries:

  1. Ministry of Commerce
  2. Ministry of Foreign Affairs
  3. Ministry of Agriculture and Cooperatives
  4. Ministry of Industry
  5. Ministry of Digital Economy and Society
  6. Ministry of Public Health

The Prime Minister has set an ambitious deadline of four months for the Committee to conclude negotiations, underscoring the urgency of these discussions for Thailand’s economic interests.

Key Negotiation Priorities

Tariff Optimization

Under the agreed framework, the United States will identify specific products from a designated list to receive a zero percent reciprocal tariff rate, presenting strategic opportunities for Thailand to optimize benefits for priority sectors while maintaining balanced trade relations.

Non-Tariff Barriers and Market Access

Thailand has committed to addressing barriers to U.S. exports, including accepting U.S. manufactured vehicles that comply with U.S. federal motor vehicle safety and emissions standards, accepting U.S. Food and Drug Administration certificates for medical devices and pharmaceuticals, issuing import permits for U.S. ethanol for fuel, and amending customs laws to remove certain customs penalty reward systems.

Regulatory Alignment and Standards

Many issues raised by the United States—including regulatory reform, law enforcement, and product standards—align with areas that Thailand aims to improve independently, creating opportunities for mutual benefit and long-term trade facilitation.

Commercial Commitments

The negotiations have resulted in forthcoming commercial agreements between U.S. and Thai companies across multiple sectors, including purchases of agricultural products valued at approximately 2.6 billion USD annually, energy products valued at approximately 5.4 billion USD annually, and the procurement of 80 U.S. aircraft totaling 18.8 billion USD.

Broader Trade Strategy

The establishment of the Committee reflects Thailand’s proactive approach to advancing its comprehensive trade and investment strategy. Beyond the U.S. negotiations, the Thai government is simultaneously pursuing a Free Trade Agreement with the European Union, demonstrating its commitment to diversifying and strengthening international trade relationships.

Conclusion and Outlook

The formation of the Strategic Trade Negotiation Committee represents a significant institutional response to evolving global trade dynamics. In the coming weeks, the United States and Thailand will negotiate and finalize the Agreement on Reciprocal Trade, prepare the Agreement for signature, and undertake domestic formalities in advance of the Agreement entering into force.

Businesses and stakeholders are strongly encouraged to monitor these developments closely, as the outcomes may have substantial implications for:

  1. Export sector competitiveness and market access
  2. Supply chain optimization and sourcing strategies
  3. Regulatory compliance requirements
  4. Long-term investment planning
  5. Thailand’s broader economic policy direction

The government’s coordinated, multi-agency approach—coupled with clear timelines and measurable commitments—positions Thailand to navigate the complex landscape of international trade negotiations effectively while protecting national economic interests.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand and the United States Advance Agreement on Reciprocal Trade

Thailand is accelerating efforts to finalize a reciprocal trade agreement with the United States by year-end. The Minister of Commerce confirmed in her first policy statement to the Parliament that the Agreement represents a key component of her “Quick Big Win” strategy, designed to expand international market access while safeguarding Thai producers and consumers. This trade agenda forms part of a broader initiative to stabilize domestic prices and enhance competitiveness for small and medium enterprises (SMEs).

Progress Toward the Thai–U.S. Trade Agreement

Following the joint statement released on 31 July 2025, both countries have been working intensively to finalize the Agreement on Reciprocal Trade (Agreement). The Agreement will encompass trade in goods, services, and investment, with the dual objective of expanding U.S. market access for Thai exports while preserving domestic safeguards, particularly in the agricultural and local manufacturing sectors.

Enhanced Origin Rules and Digital Verification

The Department of Foreign Trade (DFT) has been designated as the sole authority for issuing Certificates of Origin (C/O) for exports to the United States, ensuring full compliance with stricter U.S. rules of origin. To prevent fraud and strengthen oversight, the DFT has implemented AI-based verification systems that enhance transparency and traceability in export documentation. Under this enhanced framework:

  • AI verification tools automatically analyze shipment data and flag irregularities
  • Strict anti-forgery protocols are enforced
  • The high-risk product watch list has been expanded to 65 categories

These initiatives have delivered measurable results—C/O forgery cases declined sharply from 168 in 2023 to just 5 in 2024, with zero cases reported thus far in 2025.

The verification of product origin has emerged as a significant concern for U.S. authorities, who suspect transshipment of Chinese goods through Southeast Asia. Goods that fail to meet local-content requirements could face tariffs as high as 40%, compared to the current 19% rate on Thai exports, underscoring the critical importance of accurate origin certification.

Strengthened Trade-Remedy Protection

Thailand currently enforces 31 anti-dumping (AD) measures, while facing 73 AD measures imposed by other countries. For anti-circumvention (AC) measures, Thailand has implemented 6 cases and has been subject to 4 such cases by other countries.

To expedite relief for affected businesses, the Ministry of Commerce (MOC) has announced improvements to streamline the investigation process under these trade remedy mechanisms:

  • Complaint review period reduced from 4 months to 1 month
  • Investigation period shortened from 12 months to 9 months
  • AI-driven data analysis was introduced to improve accuracy and reduce processing time to 3 months

Strategic Readiness for Thai Exporters Under the New Trade Framework

Once the Agreement is finalized, Thai exporters will gain enhanced access to the U.S. market and lower tariff barriers. However, compliance obligations will become more rigorous. Exporters are advised to:

  • Review supply chain transparency and origin documentation to ensure compliance with relevant regulations and standards
  • Ensure consistency with the DFT’s certification framework
  • Implement internal audit systems to maintain long-term compliance

Conclusion

The forthcoming Agreement represents an important milestone in strengthening Thailand’s global trade position and promoting sustainable economic growth. By aligning with U.S. trade standards, Thailand will gain expanded access to international markets while building greater trust and transparency in its export system. The deployment of AI-based verification and expedited trade-remedy processes demonstrates the government’s commitment to efficiency and accountability. Concurrently, Thai exporters must meet more stringent compliance requirements and strengthen their internal controls. Overall, the Agreement achieves a balanced approach between creating new business opportunities and maintaining responsible regulation, enabling Thailand to compete globally with enhanced confidence and credibility.

Author: Panisa Suwanmatajarn, Managing Partner.

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U.S. Trade Policy Update: New Tariffs on Pharmaceuticals, Heavy Trucks, Furniture, and Home Goods

Following the U.S. government’s implementation of tariffs on imported foreign goods, on September 25, 2025, the U.S. government announced a new rate of import tariffs for particular products aimed at protecting domestic industries and strengthening national security. The new tariff rates for such particular products took effect on October 1, 2025.

Products and New Tariff Rates

  • Branded or patented pharmaceutical products: Import tariff rate of 100%
  • Heavy trucks: Import tariff rate of 25%
  • Upholstered furniture: Import tariff rate of 30%
  • Kitchen cabinets, bathroom vanities, and related products: Import tariff rate of 50%

Pharmaceutical Manufacturing

A 100% import tariff has been imposed on branded and patented pharmaceutical products. However, business entities that commit to building or expanding manufacturing facilities in the United States will qualify for exemptions, designed to enhance supply security and promote domestic production.

Generic drugs, which account for nearly 90% of prescriptions in the United States, are 100% excluded from these applied tariffs. These lower-cost alternatives, manufactured primarily in India and China, contain the same active ingredients as brand-name products but only enter the market once exclusivity periods expire.

Nevertheless, health policy experts warn that higher costs for branded or patented medicines could cascade throughout the healthcare system, potentially increasing expenses for patients and insurers, straining hospital budgets, and leading patients to ration or skip treatments—particularly in therapeutic areas where few generic alternatives exist.

Furniture and Home Goods

The newly announced import tariffs also apply to furniture and home-related products, a sector heavily dependent on imports. In 2022, imported furniture accounted for 60% of U.S. sales, including 86% of wood furniture and 42% of upholstered items. Analysts expect the new duties to drive up retail prices, disrupt supply chains, and contribute to inflationary pressures, potentially resulting in higher consumer costs and shortages in specific product categories.

man and woman in furniture shop

Heavy Trucks

The import tariffs extend to heavy trucks, placing additional pressure on foreign manufacturers competing in the U.S. market. While truck prices have risen more slowly than overall inflation in recent periods, analysts caution that the new measures could reverse this trend, increasing costs for buyers and straining supply chains. The U.S. government has positioned the truck tariffs as a strategic move to strengthen domestic production and protect national security.

Objective of the New Tariffs

The U.S. government has introduced these tariffs with the aim of strengthening domestic production capabilities and reducing dependence on foreign suppliers in sectors it considers essential to economic and national security. The measure concerning pharmaceuticals, in particular, is designed to incentivize companies to expand their manufacturing operations within the United States.

Current Status of the New Tariffs

The U.S. government has announced the new import tariffs via public statements on social media, which indicate that the new tariffs took effect on October 1, 2025. However, there is no official guidance on how these tariffs will align with existing multilateral or bilateral trade agreements, such as the United States-Mexico-Canada Agreement (USMCA) or World Trade Organization (WTO) commitments. Importers should closely monitor announcements from U.S. Customs and Border Protection (CBP) and the Office of the United States Trade Representative (USTR) for detailed compliance instructions.

Recommended Steps to Prepare for the New Tariffs

Importers and other stakeholders should consider the following actions to prepare for the newly announced tariffs:

  1. Verify HTSUS Classifications: Ensure that all covered goods are correctly classified under the Harmonized Tariff Schedule of the United States (HTSUS).
  2. Monitor Official Notices: Track upcoming Federal Register publications to confirm the scope, coverage, and enforcement details of the tariffs.
  3. Evaluate Alternatives: Explore alternative sourcing options or domestic production partnerships where feasible to mitigate potential impacts.
  4. Assess Financial Impact: Analyze potential cost increases and budgetary implications of the new tariffs on business operations, including cash flow and pricing strategies.
  5. Engage Legal and Trade Advisors: Consult with trade compliance experts or legal counsel to ensure a full understanding of regulatory requirements, documentation obligations, and possible exemptions.

Conclusion

The new U.S. import tariffs are designed to support domestic production, strengthen the economy, and enhance national security. While they encourage local industries and reduce reliance on imports, they may also lead to higher prices for consumers. Careful planning and ongoing monitoring are essential to balance the benefits for producers with the potential impact on consumers.

For Thai exporters, staying up to date on these changes is important, as U.S. trade policy shifts can affect supply chains, pricing, and competitiveness in the U.S. market.

Author: Panisa Suwanmatajarn, Managing Partner.

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Tariff Negotiations Between Thailand and the United States: Progress and Persistent Challenges

Thailand and the United States have successfully initiated the first technical round of tariff negotiations, representing a significant milestone in bilateral trade relations. These comprehensive discussions involve multiple Thai government agencies and focus on the detailed examination of specific provisions, language clarification, and the resolution of mutual concerns through technical dialogue rather than broad policy statements.

Key Negotiation Areas

The negotiations have entered the technical discussion phase, marking the inaugural round focused on the detailed examination of individual trade issues. During these technical-level negotiations, the United States has demonstrated a relatively flexible stance, making concerted efforts to understand Thailand’s obstacles, concerns, and challenges across various sectors while seeking collaborative solutions and adaptive approaches with their Thai counterparts.

Non-Negotiable Provisions and Regional Value Content (RVC) Requirements

While the United States has shown flexibility in clarifying certain provisions, several non-negotiable elements remain unresolved:

Core Requirements

  • Rules of Origin (ROO): Strict criteria designed to prevent transshipment and ensure products genuinely originate from within the designated trade region
  • Compliance Standards and Protocols: Binding requirements for monitoring and verifying exporters’ adherence to agreed-upon rules and regulations
  • RVC Thresholds: A minimum percentage of a product’s value that must be sourced from within the trade agreement region to qualify for preferential tariff treatment

Ongoing Challenges

The RVC requirement presents a particular challenge, as the United States has yet to finalize this standard but intends to establish it as a uniform rule applicable across all trading partners. The combination of these non-negotiable obligations and the unresolved RVC framework creates substantial legal uncertainty, where even minor amendments could trigger significant compliance commitments for Thai exporters.

Impact Assessment

Reduced Export Vulnerability

A significant development in the negotiations is the substantial reduction in Thai export vulnerability under the proposed U.S. tariff regime. The percentage of at-risk Thai exports has decreased from 36% to 19%, representing meaningful progress in protecting Thailand’s export interests.

Economic Considerations

Despite this improvement, the economic burden on Thai businesses remains considerable. Exporters continue to face additional compliance costs that adversely affect pricing competitiveness and consumer demand in the U.S. market, potentially undermining long-term market penetration strategies and sustainable growth objectives.

Analysis and Strategic Outlook

The current negotiation phase demonstrates both tangible progress and enduring challenges. The narrowing scope of at-risk exports indicates improved trade conditions and successful diplomatic engagement. However, the persistence of unresolved issues and the undefined RVC framework continue to generate uncertainty in the legal and economic environment governing Thai-U.S. trade relations.

Strategic Implications

For Thailand to achieve optimal negotiation outcomes, several critical factors must be addressed:

  1. Legal Precision: Accurate interpretation of complex trade provisions and comprehensive understanding of their practical implementation requirements
  2. Inter-Agency Coordination: Effective collaboration and communication among relevant government ministries and regulatory agencies
  3. Strategic Flexibility: Demonstrated ability to navigate non-negotiable positions while securing favorable terms in areas with greater negotiation latitude

Future Trajectory and Considerations

The trajectory of these negotiations will directly determine Thailand’s tariff exposure levels and establish the foundational framework for long-term trade relationship stability with the United States. Successful outcomes will require sustained diplomatic engagement, specialized technical expertise, and strategic coordination across all relevant stakeholders and government entities.

Conclusion

The ongoing Thailand-U.S. tariff negotiations represent a complex balance between measurable progress and persistent structural challenges. While the reduction in export vulnerability signals positive momentum and diplomatic success, the resolution of fundamental issues remains essential for achieving comprehensive trade agreement objectives.

The ultimate outcome of these negotiations will significantly influence bilateral economic relations and establish Thailand’s strategic position within the broader Asia-Pacific trade architecture. Continued focus on technical precision, diplomatic engagement, and strategic coordination will be critical determinants of success in these vital trade discussions.

Author: Panisa Suwanmatajarn, Managing Partner.

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