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Can I Employ a Non-American in a Thai Amity Treaty Company?
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 United States and Thailand have a bilateral Treaty between those two nations which grants what's called National Treatment to the citizenry of each respective nation to do business in the other nation as a national, it provides national treatment. What does this mean? As a practical matter what it means is notwithstanding the provisions of the Foreign Business Act here in the Kingdom of Thailand, it is possible for an American Company owned 100% by Americans to do business in Thailand just like a Thai Company could under certain circumstances. As we have discussed, there are still restrictions under the Treaty but an Amity Treaty Company can operate as if it were a Thai Company for purposes of doing business in Thailand.
So the thing to take away from this video is 1) if you have Amity Certification, you are an American doing business and Thailand, you don't really need to worry about the 49/51% shareholding issue that other nationalities need to deal with when doing business here in Thailand.
Now the thrust of this video is can I hire a Non-American to work in my Company? So what are we talking about here? Well we are presuming that everybody knows yeah of course you can hire Thais to work in a company here in Thailand but what if somebody decides to hire a Non-American to work for that company? This is where you get kind of nuanced. The US-Treaty of Amity allows for the shareholders and the controlling Directors of a Company to be American or Thai but they can't be really anything, they can't be anything else and still adhere to the provisions of the Treaty and maintain their Treaty Certification. So if for example a Company with Amity Treaty Certification gets bought out by a Non-American entity then that Certification under the Treaty could extinguish. What about for someone working for an Amity Treaty Company? Well fortunately here, national treatment operates in that Amity Treaty Company’s favour. Namely a Thai Company can employ, as long as they comport with all Work Permit and Business Visa regulations, a Thai company can employ third country nationals from anywhere. Americans, British wherever, so long as they adhere to Thai Immigration and Employment Law.
So yeah, an Amity Treaty Company which will be granted national treatment can operate in the same way as a Thai Company would yes they can hire as employees, nationals from other countries that aren't Thailand or the United States.