Source of Measure: The Government Lottery Office Act B.E. 2517 (1974), as amended
4. Sector : Agriculture
Subsector : Onion seed propagation
Industry Classification : -
Level of Government : All levels
Obligation Concerned : National Treatment
Description : Foreign equity participation must not exceed 49 per cent of registered capital of a business in onion seed propagation.
Source of Measure : Foreign Business Act B.E. 2542 (1999), as amended, and its subsidiary legislations
5. Sector: Fishery
Subsector: Culture of tuna in deep sea cage and indigenous breeding of spiny lobsters
Industry Classification: -
Level of Government: All levels
Obligation Concerned: National Treatment
Description: Foreign equity participation must not exceed 51 per cent of registered capital of a business in the culturing of tuna in deep sea cage and indigenous breeding of spiny lobsters: Panulirus versicolor, P. homarus, P. ornatus, P. longipes, P. penicilatus, and P. polyphagus.
Source of Measure: Foreign Business Act B.E. 2542 (1999), as amended, and its subsidiary legislations
6. Sector : Mining and Quarrying
Subsector : Marble mining
Industry Classification : -
Level of Government : All levels
Obligation Concerned : National Treatment
Description : Foreign equity participation must not exceed 49 per cent of registered capital of a business in marble mining and is subject to government concession.
Source of Measure : Foreign Business Act B.E. 2542 (1999), as amended, and its subsidiary legislations
7. Sector: Oil and gas related extraction
Subsector: -
Industry Classification: -
Level of Government: All levels
Obligation Concerned: National Treatment
Description: Foreign equity participation must not exceed 49 per cent of registered capital of a business in oil and gas related extraction and is subject to government concession.
Source of Measure: Foreign Business Act B.E. 2542 (1999), as amended, and its subsidiary legislations
8. Sector : Manufacturing
Subsector : Manufacturing of tobacco products
Industry Classification : -
Level of Government : All levels
Obligation Concerned : National Treatment
Description : Only the Tobacco Authority of Thailand is allowed to produce tobacco products.
Source of Measure : Tobacco Authority of Thailand Act B.E. 2567 (2018), as amended
9. Sector : Fishery
Subsector: -
Industry Classification : ISIC 0500
Level of Government : All levels
Obligation Concerned : National Treatment
Description : A foreigner (1) or fishing vessel with foreign flag is not allowed to apply for a fishing licence or to fish within Thailandâs territorial waters, contiguous zone, and Exclusive Economic Zone.
Source of Measure :
- Emergency Decree on Fisheries B.E. 2558 (2015)
- Act Governing the Right to Fish within Thai Waters B.E. 2482 (1939)
- Thai Vessels Act B.E. 2481 (1938)
10. Sector: Agriculture
Subsector: Cattle farming
Industry Classification: -
Level of Government: All levels
Obligation Concerned: National Treatment
Description: Foreign equity participation must not exceed 49 per cent of registered capital of a business in cattle farming.
Source of Measure:
Foreign Business Act B.E. 2542 (1999), as amended, and its subsidiary legislations
LIST B. EXPLANATORY NOTES
1. This List B sets out, pursuant to 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), the specific sectors, subsectors, or activities for which Thailand may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 3 (National Treatment) of Chapter 11 (Investment);
(b) Article 4 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment);
(c) Article 5 (Senior Management and Board of Directors) of Chapter 11 (Investment); or
(d) Article 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment).
2. Each entry in this List B sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector, where referenced, refers to the specific subsector for which the entry is made;
(c) Industry Classification, where referenced, refers to the activity covered by the entry according to the International Standard Industrial Classification (ISIC) Revision 3, the Central Product Classification (CPC), or as expressly otherwise described in that entry;
ISIC Rev. 3 means the International Standard Industrial Classification of All Economic Activities as set out in the Statistical Papers, Series M, No.4, ISIC Rev. 3, Statistical Office of the United Nations, New York, 1989; and
CPC means the Provisional Central Product Classification as set out in the Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991.
(d) Level of Government indicates the level of government maintaining the listed measures;
(e) Obligation Concerned specifies the obligations referred to in Paragraph 1 that, pursuant to Article 13 (Reservations and Non- Conforming Measures) of Chapter 11 (Investment), do not apply to the sectors, subsectors, or activities listed in the entry;
(f) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(g) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. In accordance with Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors and activities identified in the Description element of that entry.
4. For greater certainty, where Thailand has more than one entry in this List B that could apply to a measure, each entry is to be read independently, and is without prejudice to the application of any other entry to the measure.
5. For greater certainty, the Description element of each of the entries in this List B is to be interpreted in accordance with the relevant cited sources of the non- conforming measures. For greater certainty, to the extent of any conflict between the Description element and other elements in an entry, the Description element shall prevail.
6. The Schedules of other Parties shall not be used to interpret Thailandâs commitments or obligations under Chapter 11 (Investment).
7. These Explanatory Notes form an integral part of this List B.
1. Sector: All sectors
Subsector: -
Industry Classification: -
Level of Government: All levels
Obligation Concerned: National Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description:
In the case where the Head of the National Council for Peace and Order is of opinion that it is necessary for the benefit of reform in any field and to strengthen public unity and harmony, or for the prevention, disruption, or suppression of any act which undermines public peace and order or national security, the Monarchy, national economy or administration of State affairs, whether that act emerges inside or outside Thailand, the Head of the National Council for Peace and Order shall have the powers to make any order to disrupt or suppress regardless of the legislative, executive, or judicial force of that order. In this case, that order, act or any performance in accordance with that order is deemed to be legal, constitutional and conclusive, and it shall be reported to the National Legislative Assembly and the Prime Minister without delay.
In the event of the occurrence of an emergency situation and the Prime Minister considers that it is appropriate to use the force of administrative officials or police officers, civil officials or military officers to jointly provide assistance, prevent, remedy, suppress, withhold the emergency situation, rehabilitate or provide assistance to the people, the Prime Minister, upon the approval of the Council of Ministers, is empowered to declare an emergency situation applicable to the whole country or in some area or locality as necessary for the situation.
Existing Measures
- Constitution of the Kingdom of Thailand B.E. 2560 (2017)
- Martial Law B.E. 2457 (1914), as amended
- 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 : Agricultural
Subsector: -
Industry Classification : -
Level of Government : All levels
Obligation Concerned : National Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description :
Thailand reserves the right to adopt or maintain any measure with respect to an investor or investment in any activity related to agriculture except:
- onion seed propagation
- Foreign equity participation must not exceed 49 per cent of registered capital as specified in Entry 4 of List A; and
- cattle farming - Foreign equity participation must not exceed 49 per cent of registered capital as specified in Entry 10 of List A
Existing Measures: -
3. Sector: Fishery
Subsector: -
Industry Classification: -
Level of Government: All levels
Obligation Concerned: National Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description:
Thailand reserves the right to adopt or maintain any measure with respect to an investor or investment in any activity related to fishery except:
- culture of tuna in deep sea cage: Foreign equity participation must not exceed 51 per cent of registered capital as specified in Entry 5 of List A; and
- indigenous breeding of spiny lobsters: Panulirus versicolor, P. homarus, P. ornatus, P.longipes, P. penicilatus, and P. polyphagus: Foreign equity participation must not exceed 51 per cent of registered capital as specified in Entry 5 of List A.
Existing Measures: -
4. Sector : Forestry
Subsector: -
Industry Classification : -
Level of Government : All levels
Obligation Concerned : National Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description : 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.
Existing Measures :
- Foreign Business Act B.E. 2542 (1999), as amended, and its subsidiary legislations
- Natural Reserved Forest Act B.E. 2507 (1964), as amended
- Commercial Forest Plantation Act B.E. 2535 (1992), as amended
5. Sector: Mining and Quarrying, and Energy
Subsector: -
Industry Classification: -
Level of Government: All levels
Obligation Concerned: National Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description:
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, and energy. except:
- marble mining: Foreign equity participation must not exceed 49 per cent of registered capital as specified in Entry 6 of List A; and
- oil and gas related extraction: Foreign equity participation must not exceed 49 per cent of registered capital as specified in Entry 7 of List A.
Existing Measures: -
6. Sector : Manufacturing
Subsector: -
Industry Classification : -
Level of Government : All levels
Obligation Concerned : National Treatment. Senior Management and Board of Directors. Prohibition of Performance Requirements
Description : 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 (2) is allowed to obtain up to 100 per cent of registered capital:
- Manufacture of motor vehicle (ISIC 3410);