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Foreigners Doing Business in Thailand: Amity, BOI, and EEC?
Transcript of the above video:
As the title of this video suggests, we are discussing, well we are discussing foreigners who are looking to do business in Thailand, and we are specifically discussing issues associated with The Amity Treaty. For those who are unaware, that's the US-Thai Treaty of Amity. It is a bilateral treaty between the Kingdom of Thailand and the United States of America. That Treaty stipulates that Americans can own their companies 100% in Thailand and can do business with what's called "national treatment" i.e. that such companies are treated as if they are Thai, so that means that they can be 100% owned by Americans.
So the first place to start is going to nationality. Does somebody have American nationality? If so, the Amity Treaty may be an option. If not or under other circumstances, there's also the BOI or the Board of Investment. The Board of Investment provides certain concessions to foreigners or domestic enterprises looking to do certain types of business that are considered, some would call it like the "flavour of the month"; that's not really how I look at it. It's more the sort of prevailing thought at the time as to what is important to the Thai economy. So Big Tech for example and AI and things of this nature are especially interesting if you will to BOI.
That said, there are all kinds of things under BOI that one might be able to get granted certain concessions for including Foreign Business Certification, so much like the Amity Treaty a foreigner can own their underlying company. There may even be concessions regarding usage of real estate in Thailand - effective ownership if you will - notwithstanding the provisions against such things under Thai Law. Meanwhile, there may be other benefits to be garnered from the BOI most notably certain Work Permit and tax concessions may also be available there. And that also brings us to the EEC, that is the Eastern Economic Corridor, which was created about 5 years ago to promote business in Chonburi, Chachoengsao and Rayong primarily, specifically, and creating sort of a, I guess you would call it sort of a tech sector kind of Silicone Valley sort of, I guess I wouldn't say jurisdiction, I guess it is sort of a jurisdiction because the EEC only pertains to those three provinces, but basically EEC is an even newer way of gaining certain types of business concessions.
Now figuring out which one of these might be best for whatever operation one is looking to set up in Thailand is going to greatly depend on the underlying facts in a given case. That being said, a lot of this can be overwhelming and failure to adhere and comply with relevant Thai Law could get someone into serious trouble with the Foreign Business Act. Those who feel a bit overwhelmed by these matters, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.
