- Emergency Decree on Public Administration in Emergency Situation B.E. 2548 (2005), as amended
- Internal Security Act B.E. 2551(2008), as amended
2. Sector: Manufacturing
Subsector: Playing cards
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Senior Management and Board of Directors
Description of Measure
No natural person or juridical person is allowed to produce or import playing cards, except receiving approval from the Director General of Excise Department.
Source of Measure
- Playing Cards Act B.E. 2486 (1943), as amended, and its subsidiary legislation
- Excise Act B.E. 2560 (2017), as amended, and its subsidiary legislation
3. Sector: Manufacturing
Subsector: Manufacturing of notes and minting
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Senior Management and Board of Directors
Description of Measure
Only the Bank of Thailand has the right and authority to print, manage, and issue the notes of the Government of Thailand under the law governing the Bank of Thailand.
Only the Ministry of Finance has the right and authority to mint and put coins into circulation.
No person shall make, issue, use, or put into circulation any material or token for money except by authorisation from the Minister of Finance.
Source of Measure
Currency Act B.E. 2501 (1958), as amended
4. Sector: Manufacturing
Subsector: Manufacturing of lottery
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Senior Management and Board of Directors
Description of Measure
Only the Government Lottery Office is authorised to produce, manage, and distribute the lottery in Thailand.
Source of Measure
The Government Lottery Office Act B.E. 2517 (1974), as amended
5. Sector: Manufacturing
Subsector: Manufacturing of tobacco products
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment
Description of Measure
Only the Tobacco Authority of Thailand is allowed to produce tobacco products.
Source of Measure
Tobacco Authority of Thailand Act B.E. 2561 (2018), as amended
LIST B. EXPLANATORY NOTES
1. This Schedule is made pursuant to Chapter 9 (Investment) only. Any commitment of Thailand made pursuant to Chapter 9 (Trade in Services) is found in Thailand's Schedule in Annex 8A (Schedule of Specific Commitments).
2. For the purposes of liberalisation, Chapter 9 (Investment) shall apply to investment, subject to Article 9.9 (Reservations and Non-Conforming Measures), in the following non-service sectors:
(I) manufacturing;
(ii) agriculture;
(iii) fishery;
(iv) forestry; and
(v) mining and quarrying.
3. List B sets out, pursuant to Article 9.9 (Reservations and Non-Conforming Measures), Thailand's measures that do not conform to the obligations under:
(a) Article 9.3 (National Treatment);
(b) Article 9.4 (Most-Favoured-Nation Treatment);
(c) Article 9.7 (Performance Requirements); or
(d) Article 9.8 (Senior Management and Board of Directors).
4. List A and List B, pursuant to Article XX.9 (Reservations and Non- Conforming Measures) follow the negative list with two-list approach as follows:
(a) List A sets out commitments in relation to existing non-conforming measures. Paragraph 1 of Article 9.9 (Reservations and Non-Conforming Measures) applies to this List only; and
(b) List B sets out policy flexibility in relation to measures in sectors, subsectors, and activities.
5. Each entry in List B sets out the following elements, where applicable:
(a) Sector refers to the sector or sectors for which an entry is made;
(b) Subsector refers to the specific industries, products, and activities for which the entry is made;
(c) Industry Classification refers to the activity covered by the entry, according to the International Standard Industrial Classification (ISIC) Revision 4.
As necessary and appropriate, Thailand may specify the exact coverage of the entry if the entry does not exactly conform to the classification system;
(d) Level of Government specifies the level of government (e.g., Central or Regional) maintaining the measure for which the entry is made;
(e) Type of Obligation refers to the obligations of Article 9.3 (National Treatment), Article 9.4 (Most-Favoured-Nation Treatment), Article 9.7 (Performance Requirements) or Article 9.8 (Senior Management and Board of Directors), as the case may be, which does not apply to the listed measure;
(f) Description of Measure describes measures that do not conform to Article 9.3 (National Treatment), Article 9.4 (Most-Favoured-Nation Treatment), Article 9.7 (Performance Requirements), or Article 9.8 (Senior Management and Board of Directors) for which the entry is made; and
(g) Source of Measure is identified for transparency purposes only, for existing measures that apply to the sector, subsector, or activity covered by the entry.
6. In the interpretation of any entry, all elements of the entry shall be considered. The Description of Measure element shall prevail over all other elements.
7, These Explanatory Notes form an integral part of List B.
1. Sector: Agriculture
Subsector -
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Performance Requirements. Senior Management and Board of Directors
Description of Measure
Thailand reserves the right to adopt or maintain any measure with respect to an investor or investment in any activity related to agriculture.
Source of Measure
2. Sector: Fisheries
Subsector -
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Performance Requirements. Senior Management and Board of Directors
Description of Measure
Thailand reserves the right to adopt or maintain any measure with respect to an investor or investment in any activity related to fisheries.
Source of Measure
3. Sector: Forestry
Subsector -
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Performance Requirements. Senior Management and Board of Directors
Description of Measure
Thailand reserves the right to adopt or maintain any measure with respect to an investor or investment in any activity related to forest plantation and the forest industry.
Source of Measure
- Foreign Business Act B.E. 2542 (1999), as amended, and its subsidiary legislation
- Natural Reserved Forest Act B.E. 2507 (1964), as amended
- Commercial Forest Plantation Act B.E. 2535 (1992), as amended
4. Sector: Mining and Quarrying
Subsector -
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Performance Requirements. Senior Management and Board of Directors
Description of Measure
Thailand reserves the right to adopt or maintain any measure with respect to an investor or investment in any activity related to mining and quarrying.
Source of Measure
5. Sector: Energy
Subsector -
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Performance Requirements. Senior Management and Board of Directors
Description of Measure
Thailand reserves the right to adopt or maintain any measure with respect to an investor or investment in any activity related to energy.
Source of Measure
6. Sector: Manufacturing
Subsector -
Industry Classification -
Level of Government: All levels
Type of Obligation: National Treatment. Performance Requirements. Senior Management and Board of Directors
Description of Measure
Thailand reserves the right to adopt or maintain any measure with respect to an investor or investment in all manufacturing sectors, except for subsectors below, a foreigner (1) is allowed to obtain up to 100 per cent of registered capital:
Processing and preserving of meat (ISIC 1010);
Processing and preserving of fish, crustaceans and molluscs (ISIC 1020);
Processing and preserving of fruit and vegetables (ISIC 1030);
Manufacture of dairy products (ISIC 1050);
Manufacture of starches and starch products (ISIC 1062);
Manufacture of macaroni (ISIC 1074);
Preparation and spinning of textile fibres, except any activity relating to production, weaving or printing of Thai silk (ISIC 1311);
Finishing of textiles, except any activity relating to production, weaving or printing of Thai silk CSIC 1313);
Manufacture of luggage, handbags and the like, saddlery and harness (ISIC 1512);
Manufacture of rubber tyres and tubes (ISIC 2211);
Manufacture of other rubber products (ISIC 2219);
Manufacture of plastics products (ISIC 2220);
Manufacture of electronic components and boards (ISIC 2610);
Manufacture of peripheral equipment (ISIC 2620);
Manufacture of television monitors and displays, tadio receivers, video cassette recorders and duplicating equipment (ISIC 2640);
Manufacture of watches and clocks (ISIC 2652);
Manufacture of electric motors, generators, transformers and electricity distribution and control apparatus (ISIC 2710);
Manufacture of other electronic and electric wires and cables (ISIC 2732);
Manufacture of electric lighting equipment (ISIC 2740);
Manufacture of domestic appliances (ISIC 2750);
Manufacture of office machinery and equipment (except computers and peripheral equipment) (ISIC 2817);