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ResourcesThailand Criminal LawCriminal Jurisprudence ThailandThai Authorities Using Digital Tools Against Corporate Nominees

Thai Authorities Using Digital Tools Against Corporate Nominees

Transcript of the above video:

As the title of this video suggests, we are discussing nominees in the Kingdom.  This is a rather sensitive subject because Thais and Thai law are very sensitive.  The Authorities in Thailand are very sensitive to the nominee issue here in the Kingdom; we will get to that here in the moment.

The thing to take away from but this video is where once the tire system for lack of a better term was very analogue and paper-based, new technologies are allowing Thai Law to be more rigorously enforced and scrutiny to more accurately be placed on various foreigners doing business here in the Kingdom where once it was not possible. Where once the opacity and inefficiency of the system here in the Kingdom provided a cover for those who were doing things under for example “color of law”; just outright illegally, digital tools, much like biometrics in an Immigration sense, digital stores with respect to Corporate Law are having a substantial impact in scrutinizing foreigners doing business here in the Kingdom. 

A recent article from the Bangkok Post, bangkokpost.com. The article is titled: DSI to Hunt Foreign Business Act Loophole Violators.  Quoting directly: "The Department of Special Investigation, DSI, is working to devise a web-based program to analyse and track down offenders who fall afoul of the Foreign Business Act."  Quoting further:  "Acting as a nominee constitutes an economic crime that negatively affects Thai interest Deputy DSI Chief Korrawat Pannprapakorn said on Tuesday." 

So the thing to take away from this video and I urge those who are watching this video to check out that article, again, DSI to Hunt Foreign Business Act Loophole Violators; there is way more in the actual article itself. 

But the thing to take away from this video is Thai law enforcement, be it in an Immigration context which we talk about a lot on this channel but also in a Corporate law context, Revenue Department, just law enforcement generally here in the Kingdom, is becoming more sophisticated almost by the moment. So those that once were sort of tricky if you will or would cleverly work around the system that was designed to deal with certain behavior that the Thais were looking to curtail, those tricks are probably not going to work much more moving forward especially in light of the fact that these digital tools provide a great deal more scope and a great deal more depth of operation and analysis by the enforcement apparatus here in the Kingdom, for example in this case DSI, to be able to scrutinize individuals and entities who are doing things in the Kingdom of Thailand that are prescribed by Thai law. 

Now how this is going to operate moving forward I think it is fairly safe to say, moving forward we are going to see Thai Authorities are going to become even more sophisticated as time goes on and pulling these sort of for lack of a better term “shenanigans”, here in the Kingdom just simply won't be tolerated and in fact they might be put to rest, "nipped in the bud" if you will before they even become an issue as the system becomes more sophisticated as time goes on.