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ResourcesCorporate and Tax AdvisoryThailand Corporate LawDo Americans Need Work Permits on Amity Companies?

Do Americans Need Work Permits on Amity Companies?

Transcript of the above video:

As the title of this video suggests, we are discussing Amity Treaty Companies and Work Permits. I have had this question a lot in the past and now. There seems to be a lot of misconception about Amity Treaty Companies. For those who are unaware, American citizens under the provisions of the US-Thai Treaty of Amity are able to own and operate their businesses in Thailand. They can be 100% American owned if they are certified under the provisions of the Treaty and they are granted what is called National Treatment pursuant to that agreement. 

The reason for the video is a lot of people think well if I have an Amity Company, I don't need a Work Permit. Not true. The Company is granted National Treatment so the company is treated just as if it were a Thai Company but Thai companies who employ foreign Nationals, Americans or otherwise, still must obtain a Work Permit in order for that foreign national to work in that Company. So notwithstanding the fact that the Amity Treaty does grant the benefit to a foreign national of being able to own their company, but let me be clear to an American citizen to own their company in Thailand 100% American owned with National Treatment, it does not change the labour rules and the Immigration requirements associated with Business Visas and Work Permits. 

So even though one has a Company in Thailand that is certified under the Treaty of Amity it is still generally going to be required that that Company, unless there is some really special set of circumstances really unrelated to the Treaty, it is going to be required that that company if they are employing foreign nationals, Americans or otherwise, that those foreign nationals in Thailand have a Work Permit in order to work for that Company.