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ResourcesCorporate and Tax AdvisoryThailand Corporate LawAmity Treaty Certification: Are There Limits?

Amity Treaty Certification: Are There Limits?

Transcript of the above video:

As the title of this video suggests, we are discussing the US-Thai Treaty of Amity. For those who are unaware, the US-Thai Treaty of Amity provides certain benefits to American citizens doing business here in Thailand specifically, and a big one is it allows Americans who are doing business here in Thailand to own their companies 100%; it can be a 100% American owned Company and because of the terms of the Treaty, that Company can be granted what is called National Treatment wherein said Company once certified will be treated for purposes of Thai Law when operating and doing business here in Thailand as if it were a Thai Company which is a major benefit. This would happen notwithstanding the provisions of the Foreign Business Act. 

A question that comes up a lot is "Well are there any limits to the US-Thai Treaty of Amity? Is there anything I can't do?" And yeah, there are. They are specifically mentioned in the Treaty, that are specific points mentioned in the Treaty. There have been some other things that over time have been interpreted to fall under those categories; big notable categories with respect to things one cannot do in Thailand under the Treaty, most notably things like agriculture, certain professions, practice of professions cannot occur under the Treaty directly; certain media, like big media, big communication, mass communication here in Thailand, yeah not likely possible under the US-Thai Treaty of Amity. Then you have got other things like Land Holding, not possible, also businesses having to do with the buying and selling of land. Then you have got things like construction that may fall under the Treaty again depending on circumstances and other things have kind of been interpreted in. These are kind of the major things.

If you are thinking of doing this in Thailand you may not be able to enjoy the benefits of the Treaty but presently yeah there are a number of businesses here in Thailand, a number of Americans doing business here in Thailand that are operating under the provisions of the Treaty and it is very beneficial if you are doing business in Thailand with a certified Treaty of Amity Company.