Strategic Response to U.S. Tariff Policies: Building a Win-Win Partnership at SelectUSA 2025

On May 11, 2025, at the SelectUSA Investment Summit in Washington, D.C., a high-level Thai delegation, including senior officials from the Ministry of Foreign Affairs, the Board of Investment, the Ministry of Commerce, and the Thai Chamber of Commerce, alongside executives from major Thai corporations such as PTTEP, Charoen Pokphand Foods (CPF), Indorama Ventures, SCG Packaging, Thai Summit, and Banpu, worked to bolster economic ties with the United States amid potential tariff increases under the incoming Trump administration. Thailand’s Ambassador to the U.S. facilitated high-level engagements to advance these goals.

As a leading ASEAN investor in the U.S., Thailand has already contributed over USD 17 billion in direct investments, creating more than 15,000 jobs. To maintain competitiveness, the delegation outlined a proactive strategy, committing an additional USD 2 billion to establish U.S.-based manufacturing hubs that serve global markets, thereby reducing tariff exposure and diversifying supply chains. Thailand is promoting joint manufacturing models, where production starts in Thailand and assembly occurs in the U.S., creating local jobs and aligning with American economic priorities.

The delegation emphasized collaboration in key sectors—clean energy, agriculture, biotechnology, healthcare, and artificial intelligence (AI)—where Thailand’s skilled workforce and abundant resources complement U.S. innovation, fostering resilient and sustainable value chains. To address trade imbalances, Thailand is increasing imports of U.S. goods in agriculture, energy, and digital sectors, aiming for a more equitable economic relationship. Engagements with U.S. federal and state officials, as well as local chambers of commerce, highlighted the importance of subnational partnerships to drive local economic growth and ensure long-term collaboration.

grayscale low angle photo of high rise buildings

Author: Panisa Suwanmatajarn, Managing Partner.

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AI: Possible Regulations

Thailand is shaping the future of artificial intelligence (AI) through a public consultation led by the Electronic Transactions Development Agency (ETDA) from May 10 to June 9, 2025. AI offers immense potential to boost economic growth, enhance industries, and improve quality of life, but it also raises concerns about data privacy, system security, fairness, and ethical impacts. Building on lessons from earlier drafts, such as the 2022 Royal Decree on Business Operations using AI Systems and the 2023 Act on AI Innovation Promotion, which faced criticism for broad frameworks and burdensome rules, ETDA’s new draft principles aim to balance innovation with responsibility. The consultation seeks public input on four key areas: AI risk management, industry promotion, user rights, and enforcement mechanisms.

1. AI Risk Management Principles:

To ensure safe AI development and use, the draft principles propose a risk-based approach:

  • Risk Level Assignment: Instead of fixed criteria for Prohibited-risk or High-risk AI, industry-specific regulators will collaborate to define these categories, tailoring rules to sector-specific risks.
  • Domestic Representatives for Foreign Providers: Foreign AI providers must appoint local legal representatives to ensure compliance with Thai regulations.
  • Incident Reporting: High-risk AI providers are required to report serious incidents to authorities, enabling a swift response to potential harms.
  • User Responsibilities: AI users must maintain human oversight, log activities, ensure high-quality input data to avoid bias, assess potential impacts, and cooperate with regulators.

These measures aim to address risks like misalignment with ethical AI governance and future high-impact concerns, as highlighted by global incident databases (e.g., OECD AI Incidents Monitor).

2. Promoting the AI Industry:

To foster innovation, the draft principles encourage AI development while addressing past criticisms of regulatory burdens:

  • Text and Data Mining (TDM): Inspired by the EU, Thailand proposes allowing TDM for research and development, enabling access to copyrighted data for AI training.
  • Regulatory Sandboxes: Controlled testing environments will support real-world AI trials, reuse of privacy data for public-interest projects, or penalty-free “safe harbor” zones for developers.
  • AI Governance Clinic (AIGC): Established in 2022, the AIGC provides technical and practical guidance to public and private sectors, streamlining compliance and innovation.

These initiatives aim to create a supportive ecosystem for AI startups and established players alike.

boston dynamics robot in a car factory

3. Rights of AI Users:

The draft principles prioritize user protections, ensuring individuals affected by high-risk AI have clear rights:

  • Right to be Informed: Individuals must be notified when AI impacts them, fostering transparency.
  • Right to Explanation: Users can request clear explanations of how AI systems function and influence decisions, particularly when affecting their lives or security.
  • Right to Oppose AI Decisions: Individuals can challenge AI-generated decisions and request human-led alternatives, safeguarding autonomy.

These rights, inspired by frameworks like the EU AI Act, empower users and build public trust in AI systems.

4. Enforcement and Penalties:

To ensure compliance, the draft principles outline enforcement and penalty mechanisms, with a focus on emerging risks:

  • Generative AI Misuse: Beyond existing laws like the Computer-Related-Offense Act, ETDA is exploring criminal penalties for misuse of generative AI, such as creating deepfakes or election-related misinformation (e.g., false audio, images, or videos).
  • Enforcement Measures: Administrative orders can halt the use or distribution of Prohibited-risk or misused High-risk AI. If violations persist, regulators may propose collaboration with the Ministry of Digital Economy and Society to restrict access via internet service providers, though this is under consultation.
  • Penalties: Penalties remain flexible, potentially including fines, disqualification from innovation support, or administrative measures, depending on whether governance is mandatory or voluntary. Specifics are still under review.

Conclusion:

ETDA’s public consultation advances Thailand’s efforts to foster an environment where AI innovation thrives while ensuring responsible use and protection for stakeholders. This consultation offers a vital opportunity for stakeholders to shape AI governance, enabling technological progress while upholding public trust and ethical standards.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s 2025 Special 301 Report on Intellectual Property Protection and Enforcement Released

The United States Trade Representative (USTR) has published its 2025 Special 301 Report, which assesses the adequacy and effectiveness of intellectual property rights (IPR) protection and enforcement among U.S. trading partners. This comprehensive annual evaluation covers more than 100 countries, examining various aspects including patent and copyright protections, trademark enforcement, anti-piracy measures, and counterfeit goods prevention.

Thailand maintains its position on the USTR’s Watch List (WL) in the 2025 report. Nevertheless, the USTR acknowledges Thailand’s sustained and systematic efforts to strengthen its IPR protection and enforcement framework. Several significant developments have been recognized:

  1. Proposed Amendments to the Patent Act (December 2024): These amendments aim to modernize and streamline patent registration processes, address patent backlogs, reduce processing time and costs, and align Thailand’s intellectual property framework with international standards, particularly the Hague Agreement Concerning the International Registration of Industrial Designs.
  2. Draft Copyright Act (April 2024): This proposed legislation facilitates Thailand’s accession to the WIPO Performance and Phonograms Treaty (WPPT) and aligns Thailand’s copyright law with international standards. The draft places particular emphasis on strengthening the rights of performers and phonogram producers in the digital environment.
  3. Enhanced Offline IP Enforcement: The Department of Intellectual Property (DIP), in collaboration with Thai police and customs authorities, has demonstrated significant improvement in seizing counterfeit and pirated goods. Strategic enforcement actions—including warehouse raids and lease terminations for tenants facing IP violation charges at major retail centers such as MBK Center—reflect Thailand’s commitment to combating infringement.
red dot lights on black surface

Despite these advancements, the USTR highlights ongoing concerns regarding online IP enforcement. Thailand is encouraged to reform its regulatory and enforcement framework to address digital piracy more effectively. The report notes that criminal proceedings against online infringers remain protracted, and when convictions are secured, penalties are often insufficiently stringent to serve as effective deterrents. Recommended improvements include streamlining enforcement procedures and strengthening penalties to correspond with the severity and scale of online violations.

Thailand’s continued placement on the USTR’s Watch List indicates both the progress made and the challenges that remain in strengthening its IP regime. While recent legislative reforms and offline enforcement initiatives demonstrate meaningful advancement, more robust measures, particularly in the digital domain, are essential. Implementing reforms that enable prompt and deterrent enforcement against online piracy will not only help meet USTR expectations but also promote innovation, creativity, and international confidence in Thailand’s intellectual property system.

Author: Panisa Suwanmatajarn, Managing Partner.

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The Ripple Effect EP.4: Thailand Responds to U.S. Trade Pressure with Tighter Measures on Origin Fraud

Thailand is facing mounting pressure from the United States regarding the implementation of reciprocal tariffs, particularly concerning “origin fraud” – the practice of transshipping goods from other countries through Southeast Asia to circumvent elevated U.S. import duties. In response, the Thai government has implemented more stringent inspection protocols and policy measures aimed at restoring the confidence of key trading partners, particularly the United States, with respect to high-risk commodities including steel, copper wire, and aluminum.

Enhanced International Cooperation

To strengthen cooperation and transparency, the Department of Foreign Trade (“DFT“) under the Ministry of Commerce convened a strategic meeting with U.S. Customs and Border Protection (“CBP“) to clarify tariff classifications of interest to U.S. authorities. During these discussions, Thailand requested that the U.S. provide more specific and detailed tariff codes, particularly for furniture products, to prevent overly broad enforcement that could inadvertently impact legitimate Thai exports.

Expanded Surveillance Measures

As a result of these discussions, the list of products under surveillance for potential origin fraud has been expanded from 49 to 65 product groups, encompassing 224 tariff lines. This comprehensive list remains subject to ongoing revision and will be submitted to the Thai Cabinet for approval before formal issuance by the DFT. Initially, 49 items were under surveillance, including solar panels, truck steel wheels, artificial stone slabs, and steel pipes. The surveillance list has recently been expanded to include additional steel and steel products, aluminum and aluminum products, automobiles and auto parts, solar panels, and medical equipment.

Domestic Regulatory Reforms

At the domestic level, the Ministry of Finance, the Ministry of Commerce, the Ministry of Interior, and other relevant authorities have convened to address violations by foreign businesses and the misuse of Thai Certificates of Origin (“C/Os“). A proposal has been advanced to consolidate full authority for issuing C/Os with the DFT, replacing the current shared responsibility with the Thai Chamber of Commerce, the Board of Trade of Thailand, and the Federation of Thai Industries. This measure aims to strengthen oversight and minimize fraudulent claims.

Phased Implementation Strategy

Thailand has initiated inspections of potentially fraudulent imports under the observation of U.S. officials. These inspections have thus far met expected standards, and the Thai government has outlined a structured three-phase action plan to address the issue comprehensively:

  • Short-term: Immediate inspection of imports; prohibition of goods lacking proper origin details or certification.
  • Medium-term: Implementation of stricter regulations for online platforms, mandatory registration in Thailand, and enforcement of the removal of non-compliant goods.
  • Long-term: Legal reforms to align with international norms and reassessment of restrictions on foreign business involvement.

Investment Policy Adjustments

To further prevent the misuse of Thai territory as a transshipment hub, the Board of Investment (“BOI“) has been tasked with recalibrating its incentive strategies. Future investment promotions will emphasize greater utilization of local content, particularly in the automotive and electric vehicle sectors, and encourage export diversification to reduce dependence on the U.S. market. The BOI continues to support domestic sourcing through its “Thai Content” program and business matching initiatives.

Conclusion

Thailand is implementing decisive measures to combat origin fraud, safeguard the integrity of its exports, and rebuild trust with the United States. Key initiatives include enhanced customs cooperation, centralized control over C/O issuance, more rigorous inspections, and strategic reforms to BOI investment policy. Sustained implementation and enforcement of these measures will be critical as Thailand navigates an increasingly complex global trade landscape.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s Eastern Economic Corridor: Regulatory Framework and Investment Opportunities

Recent Regulatory Developments

On March 21, 2025, the Eastern Economic Corridor (“EEC”) Office issued a formal notification detailing the criteria for granting operational permissions to entities seeking to establish a presence within Special Economic Zones (“SEZs”). This regulatory clarification represents a significant advancement in Thailand’s strategic initiative to establish itself as a premier regional hub for high-technology industries, innovation centers, and advanced manufacturing operations.

The EEC, a cornerstone initiative of Thailand’s national development strategy, encompasses the three eastern provinces of Chonburi, Rayong, and Chachoengsao. This economic development zone has been strategically designed to attract substantial foreign direct investment (FDI) and catalyze growth in next-generation industries, including biotechnology, robotics, aerospace engineering, and digital technologies.

Regulatory Framework and Application Process

The recently published notification provides comprehensive regulatory guidance and procedural transparency, enabling both domestic and international investors to navigate the requirements, qualifications, and processes necessary for securing operational approval within the designated zones. This structured framework is expected to enhance investor confidence and streamline the application process, aligning with Thailand’s broader objective of economic transformation and regional competitiveness.

The notification addresses several critical components, including precise definitions, eligibility criteria, required documentation, application procedures, processing timelines, and license issuance protocols. To qualify for consideration, applicants must be either:

  1. A natural person (individual) or a juristic person (legal entity) who is the developer of the Special Economic Zone or the applicant for the establishment of the Special Economic Zone; or
  2. A natural person or juristic person who holds ownership rights, leasehold interests, or subleasehold interests in land within the Special Economic Zone boundaries.

This targeted eligibility framework ensures that permissions are granted exclusively to entities with direct development responsibilities or established legal interests in the designated zones.

an aerial view of a large warehouse with trucks

Strategic Industry Focus

The EEC initiative strategically targets 10 key sectors, organized into two distinct industry clusters as follows:

First S-Curve Industries (59 designated industries) include smart electronics, next-generation automotive manufacturing, biotechnology applications, advanced agricultural technologies, food processing innovations and medical tourism services

New S-Curve Industries (35 designated industries) include robotics and automation, digital platforms and ecosystems, aviation and integrated logistics, biofuels and biochemical development and comprehensive healthcare solutions.

Comprehensive Investor Incentives

Tax Benefits

The EEC framework offers a significantly more comprehensive investment incentive package compared to the traditional Board of Investment (BOI) structure. While both programs provide corporate income tax exemptions and import duty relief, the EEC extends potential tax holidays for up to 15 years. Additionally, the EEC introduces a competitive flat 17% personal income tax rate for qualified foreign professionals, a distinct advantage not available under standard BOI schemes. Further tax benefits include import duty exemptions for research and development equipment and substantial deductions for qualifying investment expenditures, making the EEC particularly attractive for enterprises focused on technological innovation and development.

Non-Tax Incentives

Beyond fiscal benefits, the EEC provides streamlined business establishment processes through its dedicated One-Stop Service Center, expedited permitting procedures, enhanced flexibility in land utilization, including provisions for extended leasehold terms and foreign condominium ownership within EEC zones and specialized visa programs and work permit arrangements designed to attract international talent. These administrative enhancements are specifically designed to minimize regulatory complexities and facilitate efficient market entry for international businesses.

Investment Projections and Opportunities

Current projections indicate that combined government and private sector investment in the EEC will reach approximately THB 1.5 trillion over the next five-year period. Key sectors positioned to benefit from this substantial capital influx include construction, industrial estate development, infrastructure expansion, real estate development, and tourism services.

Beyond purely industrial applications, the EEC presents significant opportunities for residential and commercial real estate development, retail expansion, and urban service provision to accommodate an anticipated growth in skilled workforce populations. As emerging industries establish operations within the corridor, corresponding increases in demand for housing, educational facilities, healthcare services, and retail amenities are expected to materialize.

Conclusion

The EEC Office has established a comprehensive regulatory framework outlining the criteria for operational permissions within Special Economic Zones. Consistent with its commitment to sustainable economic advancement, Thailand is positioning itself as a regional leader in economic transformation by prioritizing innovation-driven industries and optimizing regulatory procedures.

For prospective investors, the EEC offers an integrated one-stop service platform, facilitating seamless access to investment opportunities throughout the region. Furthermore, the EEC provides an extensive range of both tax and non-tax incentives specifically designed to attract and support strategic investment, thereby reinforcing Thailand’s competitive position in the global marketplace.

Author: Panisa Suwanmatajarn, Managing Partner.

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The Ripple Effect EP.3: Strategic Trade Shifts – Thailand’s Solar Sector Under U.S. Scrutiny

The U.S. government’s recent tariff policy implementation represents a profound realignment within Southeast Asia’s solar supply chain. On April 21, 2025, the U.S. Department of Commerce announced final anti-dumping and countervailing duties on solar panels and components from Thailand and several neighboring countries. Subject to a 37% Reciprocal Tariff Tax, Thailand’s solar export industry, which depends heavily on the U.S. market, now confronts intensified trade pressures.

This policy shift has dramatically affected Thailand’s solar industry, currently ranked as the fourth-largest global exporter of solar panels. In 2023, according to Trade Policy and Strategy Office’s database, Thailand exported solar panels valued at over 159 billion baht, with more than 75% destined for the U.S. market. The U.S. policy recalibration has disrupted the industry’s structural foundation, creating substantial challenges for local manufacturers reliant on American buyers.

The policy change was precipitated by concerns from U.S. solar manufacturers who suspect Thailand could function as an indirect manufacturing hub for China, enabling Chinese products to circumvent U.S. tariffs. In recent years, production has increasingly migrated from China to Thailand, Malaysia, Vietnam, and Cambodia, where solar panels are frequently exported at prices below production costs, with many manufacturers benefiting from subsidies provided by China. This shift has significantly undermined U.S. solar manufacturers’ competitive position.

Based on these concerns, the U.S. initiated a comprehensive investigation in 2024, culminating in the imposition of final tariffs substantially higher than initially projected. Some Thai solar companies now face tariffs approaching 1,000%, effectively eliminating their price competitiveness. Meanwhile, countries exempt from these tariffs, including India, Laos, and South Korea, have capitalized on this opportunity to expand their market presence.

aerial photo of cargo ship near intermodal containers

Conclusion

While the current situation presents significant challenges, it simultaneously offers a critical opportunity for Thailand to strengthen its domestic clean energy industry, reduce export dependency, and enhance long-term energy security. With its abundant solar energy potential, Thailand is well-positioned to develop robust technological and manufacturing capabilities. By doing so, the country could establish itself as a regional leader in the energy sector in the coming years.

Although the U.S. anti-dumping and countervailing duty measures pose a substantial threat to Thailand’s solar panel industry, the final outcome remains undetermined. The U.S. International Trade Commission is scheduled to decide on June 2, 2025 whether these tariffs will be permanently implemented while negotiation on those tariff and non-tariff measures will also be under consideration.

Author: Panisa Suwanmatajarn, Managing Partner.

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Public-Private Partnership Act B.E. 2562 (2019): Proposed Amendments

The State Enterprise Policy Office (SEPO), responsible for evaluating the Public-Private Partnership Act, B.E. 2562 (2019), is conducting a public hearing to assess its effectiveness and gather stakeholder feedback for proposed amendments. This aligns with the Law Drafting and Evaluation Act B.E. 2562 (2019), and guidelines set by the Law Development Committee, endorsed by the Cabinet. The goal is to ensure the Act meets its objectives, aligns with international standards, reduces regulatory overlaps, promotes fairness, and boosts Thailand’s competitiveness.

Purpose of the Act:

The Act establishes a clear state policy for infrastructure and public service development through public-private partnerships (PPPs), aiming to:

  • Foster transparent, accountable partnerships.
  • Address delays and obstacles in PPP projects.
  • Leverage private sector expertise and innovation while transferring knowledge to the public sector.
  • Ensure fiscal discipline with streamlined, verifiable processes.

Key Measures of the Act:

The Act outlines measures to achieve its goals:

General Provisions

  • Projects align with national PPP plans, promote fiscal discipline, and prioritize public benefits (Section 6).
  • Covers state investments in infrastructure/services with private participation via concessions or permits (Sections 4, 7).
  • Projects under 5 billion baht follow simplified procedures (Section 9).
  • Mechanisms resolve delays or regulatory issues (Section 11).

PPP Plan Development

  • A national PPP plan aligns with infrastructure and social development master plans (Section 12).

PPP Policy Committee

  • Oversees policy, approves plans, and resolves issues (Section 20).
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Project Implementation

  • Proposals: Agencies submit detailed feasibility studies (Section 22).
  • Incentives: Include investment benefits and land leases up to 50 years (Section 23).
  • Private Sector Selection: Involves bidding, contract drafting, and Cabinet approval (Sections 36, 38, 41, 42).
  • Oversight: A supervisory committee monitors progress (Sections 43, 44).
  • Contract Amendments: Require justification and approvals (Sections 46–48).
  • Post-Contract: Agencies plan continuity five years before contract expiry (Section 49).

Public Interest Measures

  • Agencies may intervene in projects for public safety or national security, with compensation if private partners are not at fault (Section 50).

PPP Promotion Fund

  • Supports consultancy, training, and administration (Sections 51–59).

Miscellaneous

  • Contracts are submitted to ministries and SEPO, with project data publicly accessible online (Section 60).

Public Benefits:

The Act drives efficient infrastructure and public service development, enhancing quality of life, and national competitiveness, and leveraging private expertise under transparent partnerships.

Proposed Amendments

The amendments aim to significantly enhance the Act’s effectiveness by:

Promoting Innovation: Supporting new partnership models to incorporate advanced technologies and business approaches, fostering adaptability to future needs.

Streamlining Processes: Simplifying procedures to boost efficiency and flexibility, reducing bureaucratic delays.

Prioritizing Strategic Projects: Aligning PPPs with national development goals to maximize public impact.

Optimizing Risk Management: Establishing fairer risk-sharing frameworks between public and private sectors.

Enhancing Transparency: Introducing stricter guidelines for project approval, contract management, and performance monitoring to ensure accountability.

Author: Panisa Suwanmatajarn, Managing Partner.

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PDPA: Administrative Fine

The Personal Data Protection Act B.E. 2562 (2019) (PDPA) of Thailand, enforced from June 1, 2022, has reshaped the data protection landscape by mandating strict compliance standards for organizations. One of the key enforcement tools available under the PDPA is the imposition of administrative fines for non-compliance.

Following the issuance of the Royal Gazette Notification in April 2025, the procedures for administrative fines are now clearly outlined. Below is a comprehensive overview of the administrative fine system and process.

Scope of Administrative Fines:

Administrative fines apply to:

  • Data Controllers who fail to comply with lawful processing, security standards, or respect for data subject rights.
  • Data Processors who act beyond instructions or fail to maintain required security standards.
  • Representatives acting on behalf of overseas controllers or processors carrying out activities in Thailand.

Violations triggering fines include:

  • Unlawful data processing without valid consent or legal basis.
  • Inadequate responses to data subject rights.
  • Failure to report data breaches promptly.
  • Unauthorized data sharing or cross-border data transfers.
  • Absence of proper organizational security measures.

Authorities Empowered to Act:

The Personal Data Protection Committee (PDPC) and its designated investigating officers have the authority to:

  • Conduct investigations.
  • Summon witnesses and request evidence.
  • Recommend fines for PDPC approval.
  • Issue administrative orders enforceable under administrative law.
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PDPA Administrative Fine Process:

The administrative fine process is clearly structured into the following key stages:

1. Preliminary Investigation

An investigating officer gathers evidence, interviews involved parties, and assesses whether there are grounds for a violation. If sufficient evidence exists, the officer proceeds with the next step.

2. Notice of Allegations

The alleged violator receives a formal notification, detailing:

  • The alleged facts.
  • Applicable legal provisions breached.
  • The right to submit a defense or clarifications within a stipulated period.

3. Consideration and Decision

The competent authority reviews all evidence, defenses, and mitigating factors. The seriousness of the violation, damages, prior conduct, and cooperation are taken into account when determining the fine amount.

4. Issuance of Administrative Order

An administrative order is issued specifying:

  • The nature of the violation.
  • The amount of the fine imposed.
  • Payment instructions and deadlines.

Failure to comply may result in further legal enforcement actions.

5. Right to Appeal

The fined party may appeal the administrative order in accordance with the Administrative Procedure Act B.E. 2539 (1996).

Author: Panisa Suwanmatajarn, Managing Partner.

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The Ripple Effect EP.2: Thailand Caught in the Middle as U.S. Trade Talks Postponed

As the United States (U.S.) imposes a retaliatory import tariff of 37% on Thai goods, Thailand faces significant economic repercussions. In response, the Thai government has developed comprehensive short-term and long-term strategies, focusing on five key negotiation frameworks to present to the U.S.

Thailand-U.S. Economic Negotiations Postponed

The Thai government has been actively preparing for trade talks with the United States Trade Representative (USTR), initially scheduled for April 23, 2025. However, Thailand’s Prime Minister subsequently announced the postponement of these negotiations to an unspecified date, citing the need to monitor the evolving situation and reassess the proposed terms. In these forthcoming discussions, the Deputy Prime Minister and Minister of Finance will represent Thailand, aiming to achieve a mutually beneficial outcome for both nations.

Despite the 90-day delay proposed by the U.S., Thailand continues to face substantial uncertainty. As the U.S. represents Thailand’s largest export market, with annual exports valued at USD 54 billion, the importance of the American market to Thailand’s economy cannot be overstated. This underscores the urgency of successful negotiations aimed at reducing trade barriers.

The Office of SMEs Promotion (OSMEP) has warned that approximately 3,700 Thai small and medium enterprises (SMEs), representing an export value of around USD 7.634 billion annually, will likely be impacted by these trade tariffs. In response, the Export-Import Bank of Thailand has implemented five key support measures:

  1. Financial advisory services
  2. Debt restructuring and repayment extensions
  3. Liquidity support
  4. Interest rate reductions
  5. Strategic guidance for market diversification

Additionally, the bank provides mechanisms for non-payment risk protection and promotes Thai investment opportunities in the U.S.

close up of human hand

Economic Pressures: Thailand’s Balancing Action

China ranked as Thailand’s second-largest foreign investor last year with investments exceeding THB 170 billion, according to the Board of Investment (BOI) database. This economic reality places Thailand in a precarious position. While the U.S. remains a crucial export destination, China’s significant role as a major investor, particularly in the manufacturing sector, creates complex diplomatic challenges. Ongoing U.S. tariffs continue to burden Thai exports, while China’s assertive approach to protecting its interests further complicates Thailand’s strategic position.

Although, Thailand has maintained neutrality in the ongoing trade conflict, it continues to experience economic fallout from this global dispute. Any concessions made during negotiations with Washington that might undermine Beijing’s interests could trigger retaliatory actions, as China has previously indicated.

Looking Forward

Thailand now navigates an increasingly complex economic landscape amid continuing trade tensions between global powers. The postponement of U.S. trade negotiations, with no new date established, allows Thai officials to reassess their strategy while monitoring international developments.

The economic impact on thousands of Thai SMEs remains a significant concern for policymakers. Despite Thailand’s carefully maintained neutrality, the country remains vulnerable to broader consequences of this trade dispute. Moving forward, Thailand’s ability to balance these competing interests while protecting its economic sovereignty will be crucial to its long-term prosperity and regional standing.

Author: Panisa Suwanmatajarn, Managing Partner.

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The Ripple Effect: How Trump’s ‘America First’ Tariffs Impact Thai Trade

Under the “America First” and “Reciprocal Trade and Tariffs” framework announced on April 3, 2025, the United States has implemented a minimum import tariff of 10% on goods originating from all countries. Additionally, an escalating tariff system will be applied to nations that maintain a bilateral trade surplus with the United States and those are identified as engaging in unfair trade practices. These practices include, but are not limited to, import duties, non-tariff barriers, and various regulatory fees. The tariff rate imposed on such countries will be calculated as 50% of the effective tariff rate that the U.S. goods face when entering their markets.

Thailand is poised to experience significant economic consequences as the United States imposes a retaliatory import tariff of 37% on Thai goods, effective April 9, 2025. However, after the measure was in force for only a few hours, the president ordered a temporary halt and postponed the enforcement for a 90-day period. This substantial tariff, one of the highest in the region, is a direct result of Thailand’s considerable trade surplus with the U.S., which exceeds $40 billion out of more than $60 billion in exports, providing Thailand with a 70% trade advantage. Consequently, major Thai exports to the U.S., including mobile phones, electronics, vehicle tires, and semiconductors, are expected to encounter substantial challenges.

The measures have precipitated financial market instability, resulting in a decline in the valuations of risk assets across equity and currency markets in the affected emerging economies. Conversely, safe-haven assets such as gold have experienced increased demand and price appreciation. The Thai Baht has depreciated by 0.28%, while the yield on Thai government bonds has decreased by approximately 5 basis points, currently standing at 1.89% for the 10-year maturity. Furthermore, Thailand’s sovereign credit risk, as reflected by Credit Default Swaps, has exhibited a slight increase. Notably, the overall movement in Thai asset prices corresponds with broader market trends observed throughout the region.

In response, the Thai government has developed comprehensive short-term and long-term strategies, with a primary emphasis on proposing negotiation frameworks to the United States. These 5 frameworks aim to address trade imbalances through:

view of shipping containers
  1. Increase Imports of U.S. Goods: Focus on increasing the importation of essential goods from the U.S. that meet domestic needs in Thailand, including agricultural products such as corn, soybeans, and pork offal, as well as energy products like natural gas.
  2. Reduce or Eliminate Tariffs: Propose the reduction or elimination of import tariffs on over 100 goods from the U.S. In addition, review and lower tariffs on goods imported from the U.S. that are subject to high tariff rates, while also increasing import quotas where applicable.
  3. Eliminate Non-Tariff Barriers: Remove non-tariff barriers to facilitate smoother and more efficient trade between Thailand and the U.S., ensuring a more open trade environment.
  4. Address Misrepresentation of Thai-Origin Goods: Take measures to address issues regarding the misrepresentation of Thai-origin goods being exported to the U.S., ensuring compliance with U.S. origin labeling and trade regulations.
  5. Explore U.S. Investment Opportunities: Consider exploring investment opportunities in the U.S. market, particularly in sectors such as natural gas transport infrastructure in Alaska and agricultural product processing. This would promote bilateral investment and foster economic collaboration.

The overarching objective of these measures is to help narrow the bilateral trade surplus without curtailing Thailand’s exports to the United State.

The government’s primary goal is to strengthen Thailand’s capacity to import essential goods that support its production and export sectors, with relevant agencies assigned to oversee detailed implementation. Furthermore, to address non-tariff barriers, the Thai government will undertake initiatives to streamline regulations and reduce import duties on products identified by the United States as trade impediments.

Conclusion

The significant retaliatory tariff measures implemented by the United States under the “America First” and “Reciprocal Trade and Tariffs” policies, effective as of April 9, 2025 (Although, the president has currently ordered a temporary halt, the enforcement of the measures has been postponed for a 90-day period), are having a pronounced impact on Thailand. The introduction of a substantial 37 percent import tariff—driven by the U.S. response to Thailand’s trade surplus—presents major pricing challenges for a wide range of Thai exports to the U.S. market and contributes to heightened financial market volatility. In response, the Thai government has formulated a comprehensive strategy comprising both short-term and long-term countermeasures. These include active negotiations and structural adjustments to its trade framework, aimed at mitigating adverse effects and preserving economic stability. Continued monitoring of developments and policy updates is recommended to remain informed on Thailand’s evolving approach and the broader international trade landscape.

Author: Panisa Suwanmatajarn, Managing Partner.

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