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Business Objectives and US-Thai Amity Treaty Certification

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, American citizens can accord themselves certain benefits when doing business in Thailand under the provisions of the US-Thai Treaty of Amity. Most notably, if a Company in Thailand is deemed to be an American Company per the protocols set forth in Certification under the US-Thai Treaty of Amity  then that company can receive what is called National Treatment i.e. that Company is treated as if it were a Thai Company notwithstanding the provisions of the Foreign Business Act in Thailand. 

Let me be clear what we are talking about here. Under the Foreign Business Act, most types of business must be 51% Thai owned in order to operate legally in Thailand but if it is an Amity Company and receives National treatment, perhaps that same type of business might not need to have 51% Thai ownership but could in fact be 100% American owned and still operate in Thailand notwithstanding the aforementioned restrictions. 

So the reason for the video is we are talking about Business Objectives. There is a major part of the Amity Treaty, a lot of people think the Amity Treaty is a catch-all; you can do whatever you want so long as you get Amity Certified. No, there are certain Business Objectives which are not covered under the Amity Treaty, they are laid out in the terms of the Treaty and then there are some sort of interpretational ones which over time people have said yeah that looks substantially similar to that type of activity and therefore will not be accorded Amity protection. For this reason, it is very crucial to gain some insight and guidance from a legal professional regarding whether or not one’s prospective business activity does in fact comport with the terms of the Treaty and will thereby allow for protection under the Treaty so one can do business under the Treaty notwithstanding the terms of the Foreign Business Act.