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ResourcesCorporate and Tax AdvisoryThailand Corporate LawUS-Thai Amity Treaty Company Certification Issues?

US-Thai Amity Treaty Company Certification Issues?

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, it is possible for American citizens and American Companies to own their business interest here in Thailand out right pursuant to the terms of the Treaty which stipulate that national treatment can be and should be granted to Americans doing business here in the Kingdom. Now there are exceptions to this ability, there are restrictions inherent in the Treaty itself, that is not really the thrust of this video. 

I thought of making this video after reading a recent comment on our channel, quoting directly: "Is it possible for a non-US citizen to use a US LLC in order to get Amity Certification for a Thai Company?" Yeah, short answer to that is probably not. They do significant analysis on the underlying ownership structure associated with Amity Certification. Essentially they pierce through the veil if you will. So yes, while the US LLC is viewed as exactly what it is, it is a US Corporation, it is a US Corporation owned by a foreign national. So again it would result in them saying, and I have had experience dealing with this, in them saying 'hey that's not an American Company by our definition under the Treaty, it's therefore not going to be eligible for certification under the Treaty’. One thing I see a lot in Thailand is, and I think they think lawyers sort of, this is what we are there to do, is just sort of get around the laws. That's not really what we do. It's essentially figuring out ways to use the laws to facilitate what function somebody wants to perform here.

At the end of the day, the Amity Treaty is reserved for Americans here in Thailand; it is a bilateral relationship it is it just is what it is. Americans have that benefit under the Treaty of national treatment and trying to obfuscate what it means to be an American and things through sort of corporate structures, it is just not going to be an effective strategy.