Exemptions from the Foreign Business Licence Requirement

• Certain financial institutions and related businesses (e.g., those providing Islamic financial services, cash management services, or carrying out sale and purchase of debts arising under loan transactions).
• An asset management business under relevant laws.
• A representative office and regional office of a foreign entity operating an international trade business under regulations relating to the establishment of a visa and work permit centre.
• A service business which contracts with a government entity or state enterprise (as defined under the law on government budget procedures).

Amendments to the Direct Sales and Direct Marketing Act

• Requirement that the direct sales business operators must be a partnership with a minimum registered capital of THB 500,000, or a public / private limited company with a minimum registered and paid-up capital of THB 1,000,000. An individual is no longer allowed to apply for the direct sales business registration.
• Requirement for direct sales business operators to be jointly liable with independent distributors towards consumers for any defects to products or services sold, or any damages incurred as a result of the independent distributors' non-compliance with the Act.
• Requirement for direct sales and direct marketing business operators to provide a guarantee (e.g., in a form of cash, bank guarantee, or government bond) to the Consumer Protection Board at the amount to be prescribed by the Direct Sales and Direct Marketing Commission.
• Requirement for direct sales and direct marketing business operators to prepare a sale and purchase document for products or services, to be distributed to consumers together with the products or services. The documents must be in Thai language, easy to read and understand, and contain certain information not previously required (i.e., name of the buyer and the seller, date of purchase and delivery, and the consumers’ right to terminate the contract).

Introduction of the Thai Court’s Electronic Filing System

Updates on the Revenue Code

Amendments to the Customs Act

• The penalty for alleged duty evasion has reduced from four times the duty paid value of the goods to a range of between half the deficit duty to four times the deficit duty, which we expect to have an impact on the decisions made by alleged offenders to either settle the case at Customs level or defend allegations in court proceedings, although they would need to take into account the possible imprisonment of individuals concerned.
• Substantially reduced rewards payable to informants and officials with a maximum amount per case.
• Post-audit will be limited to a five-year period following importation, which is also in line with the document retention period.
• The Board of Appeal must now rule on appeals within 180 days from the date on which the submission of relevant documents is complete.
• Strict liability language in Section 115 quarter in respect of a person responsible for the operations of an alleged offender who is a juristic person will be replaced with language consistent with recent amendments to the Act Amending the Law on the Criminal Liability of Representatives of Juristic Persons B.E. 2560 (2017).