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The Amity Treaty, BOI, and the EEC

Transcript of the above video:

As the title of this video suggests, we are discussing the BOI, the EEC and The Amity Treaty. For those who are unaware what any of these things are, the Board of Investment is the BOI, the EEC is the Eastern Economic Corridor and the US-Thai Treaty of Amity is a bilateral treaty between the Kingdom of Thailand and the United States of America which under the provisions of said treaty Americans can do business in Thailand with so-called national treatment notwithstanding the provisions of the Foreign Business Act. Under the provisions of the Treaty, an American certified company, so a company that is certified as being primarily American owned and operated can be granted the ability to operate in Thailand in much the same way as a Thai Company can.

Meanwhile, sort of the purpose of this video is I think there is a little bit of misunderstanding, there are a lot of misnomers out there which the legal business or sort of the legal profession, the law if you will there are always gray areas, there are always misunderstandings. That oftentimes gets compounded by the language barrier and the fact that quite honestly I think my opinion, people's attention spans are a little bit lower than they once were and they get a lot of their information from the internet and they are just kind of skimming and they are not really delving into the deep sort of the meat and potatoes of what they are looking at, what they are researching.

I think there is a big misnomer out there that the EEC, BOI and Amity are all sort of mutually exclusive; you have to pick one of the other. In theory there could be benefits for somebody in all three, although I wouldn't necessarily see EEC and BOI interacting all that smoothly, depending on circumstances, but they could. I mean again it would it would depend on the circumstances. I mean if you set up a Company, an operation in the Eastern Economic Corridor, you gain some benefits through that and then maybe want to see some more benefits through the BOI okay. Then on top of that, I mean a Company, Thai Companies can seek certain concessions under the BOI, so if a Thai Company can do it again under national treatment, an Amity Treaty Company should be able to request the same thing. 

So again now in most situations, circumstances are going to kind of dictate one road or the other, or the other in this case, one of the three, but they are not mutually exclusive. You could in theory have an Amity Company in the EEC, there is nothing precluding that; you could in theory have an Amity Company and request BOI benefits and be granted them. I mean again there is nothing precluding that. So this is kind of a just a video just to kind of I don't know, just lay some of this misnomer to rest that these things are always mutually exclusive. No, not necessarily depending on circumstances.