Transcript of the above video: 

As the title of this video suggests, we are discussing, well we are discussing the Amity Treaty and the Board of Investment in light of recent reports regarding the crackdown on Thai corporate nominee structures. Let me jump in. I thought of making this video after reading a recent article from the Thai Examiner, that is thaiexaminer.com, the article is titled: Foreign nominee firms still the target of an escalating crackdown and blamed for poor economic growth. Quoting directly under the sub-headline: Ministry insists lawful foreign investment remains welcome despite widening investigations into nominees. Quoting directly: "International legal advisors however draw an important distinction. They note the government continues encouraging overseas investment through established legal mechanisms. Investors remain eligible (correction) for Board of Investment incentives. Foreign Business Licenses and sectors permitting full foreign ownership. Officials have also suggested that some restrictions could eventually be reviewed while enforcement remains focused on unlawful nominee arrangements." 

Also not mentioned in there is what is called the US-Thai Treaty of Amity. For those of you unaware, it is possible for an American citizen or American Business to do business in Thailand with what is called national treatment i.e. that one can set up a business entity as an individual and own their Thai corporate entity 100% notwithstanding the provisions of the Foreign Business Act, because again the provisions of the Amity Treaty allow "national treatment" i.e. to be treated as if the company were a Thai wholly owned company. This is a heavy benefit for Americans. 

Again, the Board of Investment concessions are open to folks of any nationality. It is possible to get a Foreign Business Certificate from the Board of Investment if one's business activity is deemed something that the BOI wishes to promote. Meanwhile, it is also possible to obtain a Foreign Business License under the auspices of the Foreign Business Act, again if one meets relevant criteria, and one is approved, which can only occur at the discretion of the Ministry of Commerce. So, there is all of that, and then on top of that, there are certain businesses which do not need any type of special licenses. There are a few limited businesses that may be owned by foreigners out right; again, it depends on the underlying facts in a given case.

Long story short is, notwithstanding this crackdown on nominees in Thailand, there are options for foreign nationals to do business transparently and in such a way where they maintain full control over their business activities here in the Kingdom of Thailand.