Transcript of the above video: 

As the title of this video suggests, we are discussing deportation from Thailand for issues associated with nominee structures as well as working illegally. I've discussed in other videos, I made an ALERT video regarding the fact that yeah, Thailand is bringing online a new deportation scheme if you will, a new framework for having people deported from Thailand. This is major news as this has always been dealt with in an ad hoc manner. Let me just jump in. 

I thought of making this video after reading a recent article from Khaosod English, that is khaosodenglish.com, the article is titled: Cabinet approves Thailand's first deportation regulations, identifying six grounds for removal. Now I've done a couple of videos about this. One was an ALERT because yeah, this is major news. Again, this has been done in the past in an ad hoc manner, but they are now codifying regulations specific to the issue of deportation, and named in here are two things that I thought were warranted under the subheading: They apply to foreign nationals who: and I quote: "work in  Thailand in violation of laws governing foreign employment; conduct business in Thailand in violation of the Foreign Business Act" and then, and this to my mind is as if not more important than the other two, "act as principle, instigator, or supporter of any of the above offenses". 

So, again, "working in Thailand in violation of laws governing foreign employment". I have talked about this at length, and I have talked about at the beginning of the year, I said look, I think this new Parliament coming in is going to take a heavy hard line with regard to Immigration and they are. This pertains to restricted occupations, this pertains to working in Thailand illegally, just without a Work Permit. But on top of that, one can be working in Thailand even with a Work Permit if what they are engaging in is in and of itself restricted.  There was a recent sort of recitation if you will back in 2020 when the Department of Employment posted information regarding these, and I mean the list and the explanation on what is restricted was exhaustive - I will put link a link in the description below to the Department of Employment's website where you can see that stuff - but again clearly, Thai Immigration is taking illegal work seriously and now they are going to have the legal framework for Immigration to summarily deport people if they are found in violation of work authorization rules, specifically again, this seems to be aim at restricted occupations. Meanwhile, "conduct business in Thailand in violation of the Foreign Business Act."  So in the past, you would find foreigners who could essentially hide behind the corporate structure or they could say, "well I'm just working for the company" in whatever my capacity be it a director, whatever job title could be approved, and then they go on to do whatever they want. Again if the corporation is deemed to be in violation of the Foreign Business Act, especially in light of the crackdown on nominees, this is especially ominous for folks who have been effectively not working inside effectively the margins, the parameters of what is legal in Thailand. So again, if you're using a corporation to do what you otherwise can't - the person - this can lead you into problems with deportation as well. And then on top of it, and this actually kind of reminds me a little bit of the RICO Act back home, number 6, "act as a principal, instigator or supporter of any of the above offenses." Now that can be interpreted very, very broadly so it remains to be seen exactly how this will apply. I have to imagine for example the 20 odd cases down in the islands right now where people remain detained in conjunction with the scrutiny to ascertain whether or not these are nominee corporations etc. If there are convictions in those cases, we could see those folks summarily deported after they have served whatever time they need to serve with regard to any penalties here in Thailand, with regard to criminal penalties etc., they can be subject to summary deportation, as could others moving forward. 

What do I think this means? What I think it means is that in the past where folks would sort of shrug off issues associated with work authorization, especially where they have a Work Permit and then engage in restricted occupations but kind of do it in a colour of law way, that practice looks to me like it is coming to an end. Frankly, what I think we are probably going to see more and more after this is promulgated and all of this shakes out, I think we are likely to see a number of more deportations moving forward here in the Kingdom of Thailand.