RESTRICTEDWORLD TRADE
ORGANIZATIONTN/S/O/THA
15 September 2003
(03-4814)
Council for Trade in Services
Special SessionOriginal:  English
THAILAND
Conditional Initial Offer
The following initial conditional offer has been received from the delegation of Thailand on
29 August 2003 with the request that it be circulated to Members of the Council for Trade in Services.
_______________
Pursuant to paragraph 15 of the Ministerial Declaration of 14 November 2001, Thailand
submits herewith its initial offer in the framework of the ongoing services negotiations under theGeneral Agreement on Trade in Services (GATS) and in the context of the Doha Development
Agenda (DDA).
This initial offer is conditional upon the outcome of the negotiations stipulated by the GATS
particularly on Article X (Emergency Safeguard Measures) as well as upon other WTO Membersmaking substantive offers in sectors where Thailand has interests as indicated through requests
submitted and bilateral discussion.   It is also conditional upon the balanced outcomes of the DDA
negotiations.
Thailand reserves its right to modify, extend, reduce, withdraw in whole or in part any of this
offer at any time prior to the conclusion of the current services negotiations.  Thailand further reserves
the right to make technical amendments to this offer and make corrections to rectify any errors,
omissions, or inaccuracies in this offer as well as to clarify and interpret the terms and conditions of
this offer.
The classification of service sectors in this initial offer is based on the 1991 Provisional
Central Product Classification (CPC) of the United Nations Statistical Office, unless otherwise
specified.  The ordering is based on the Services Sectoral Classification list contained in document
MTN.GNS/W/120 dated 10 July 1991.
The editorial conventions used in this initial offer follow the guidelines established by the
WTO Secretariat in JOB(02)/88, i.e.,:
• BOLD  – New text
• STRIKE OUT
 – Deleted text
• ITALICS  – Where any new or deleted text constitutes merely a technical refinement that does
not alter the scope or substance of an existing commitment
In addition:
{  } – information annotated solely for the purposes of explanations and does not form part of
the proposed commitmentTN/S/O/THA
Page 3THAILAND – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED
IN THIS SCHEDULE
3) Unless otherwise specified at the sector-
specific level , commercial presence in
sectors or subsectors in this schedule ispermitted only through a limited liabilitycompany which is registered in Thailand and
which meets the following conditions:
(a) Foreign equity participation must not
exceed 49 per cent of the registeredcapital;and
(b) The number of foreign shareholders
must be less than half of the totalnumber of shareholders of thecompany concerned.3) Unless otherwise specified, national treatment
for this mode of delivery is unbound
3) Unless otherwise speci fied at the sector-
specific level, for commercial entity
incorporated pursuant to Thailand’s laws
and regulations with foreign equityparticipation not exceeding 49 percent of
the registered capital : None
Others : Unbound, including subsidies 
4) Unless otherwise specified at the sector-
specific level , temporary movement of
natural persons is unbound except in the
following categories.4) Unbound, except as provided in the MA
column
Contractual Service Suppliers : Unbound
                                                          
Note: The scope and classification of sub-sectors contained in this schedule, unless otherwise specified, corresponds to the exp lanatory notes for services listed in the 1991 Central Product Classification (CPC)
of the United Nations Statistical Office, while  the ordering is based on the Services Sectoral Classification List set out in d ocument MTN.GNS/W/120 dated 10 July 1991.TN/S/O/THA
Page 4Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
I. Business Visitor :
(a) A natural person who stays in Thailand for
not more than 90 days  for the purpose of
participating in business meetings orcontacts, entering into  contract to sell or
purchase services, visiting of business
establishments or other similar activities;
 and
entering with a purpose to establish a
commercial presence in Thailand.  Suchtemporary entry will be permitted for aninitial period of not more than 90 days andmay be extended for a further period of
not more than one year.
II. Intra-corporate Transferee :
(b) A corporate transferee of the managerial or
executive level or a specialist, provided thatsuch person has been employed by thecompany concerned outside Thailand for a
period of not less than one year immediately
preceding the date of his or her applicationfor admission and has satisfied the criteria formanagement needs
1 stipulated by the
Department of Employment.  Temporary
entry  The temporary stay  is limited to a one
year period and may be extended for a furthertwo
 three  terms of not more than one year
each.
                                                          
1 In considering managerial needs, the following facts shall be taken into consideration by the relevant authority, namely:  (1)  size of fully paid-up capital;  (2) employment creation;  (3) extent of foreign
investment;  (4) export promotion;  (5) transfer of technology;  (6) special needs of the management.TN/S/O/THA
Page 5Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Manager is defined as :
A person within an organization who primarily
directs the organization, or a department orsub-division of the organization, supervises andcontrols the work of other supervisory,
professional or managerial employees, has the
authority to hire and fire or recommend hiring,firing, or other personnel actions (such aspromotion or leave authorization), and exercisesdiscretionary authority over day-to-dayoperations.  Does no t include first-line
supervisors, unless the employees supervised
are professionals, nor do es it include employees
who primarily perform tasks necessary for theprovision of the service.
Executive is defined as :
A person within an organization who primarily
directs the management of the organization,
establishes the goals and policies of theorganization, exercises wide  latitude in decision-
making, and receives only  general supervision
or direction from higher-level executives, theboard of directors, or stockholders of thebusiness.  An executive would not directlyperform tasks related to the actual provision of
a service or services of the organization.
Specialist is defined as :
A person within an organization who possesses
knowledge at an advanced level of continuedexpertise and who possesses proprietary
knowledge of the organization’s services,
research equipment, techniques, ormanagement.TN/S/O/THA
Page 6Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
III. Contractual Service Supplier :
Access is subject to the following conditions and
those in sector-specific commitments, whereapplicable :
- A contractual service supplier is defined as
a natural person who is engaged in thesupply of a contracted service on atemporary basis as an employee of ajuridical person who has no commercialpresence in Thailand.
- The juridical person ha s obtained a service
contract for a peri od not exceeding three
months from a juridical personincorporated in Thailand.
- The service contract sh all comply with the
laws, regulations and requirements of
Thailand.
- The natural person seeking access has met
the requirements prescribed for“Specialist” above a nd been offering such
service as an employ ee of the juridical
person supplying the s ervice for at least the
year immediately preced ing the date of his
or her application for admission.
- The natural person must possess the
necessary academic qualifications andprofessional experience as specified for the
sector or activity concerned, and satisfies
the criteria for management needsstipulated by the Department ofEmployment (as appeared in footnote 1)
- The temporary entry shall be for a period
of not more than three months or the
duration of the contract, whichever is less.
- The contract has to be obtained in the
following sub-sectors without conferringentitlement to practice as a licensedprofessional in Thailand:TN/S/O/THA
Page 7Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
- Consultancy services related to the
installation of computer hardware
(CPC 84100)
- Software implementation services
(CPC 84210+84220+84230+84240+84250)
- Data processing s ervices (excluding
those provided over publictelecommunications network)(CPC 84310+84320+84330+ 84390)
- Data base services (excluding those
provided over public
telecommunications network)
(CPC 84400)
- Other computer services : Software
training services for staff of clients(part of CPC 84900)
- General Management Consulting
Services (CPC 86501)
- Engineering Services (CPC 86721
to 86727 + 86729)  (except civilengineer)
- Hotel Lodging Services (CPC
64110)
- Restaurant Services (CPC 64210)
3),4) Regarding a  Aquisition and usage of land:
according to the Land Code of Thailand,foreign nationals or domestic companieswhich are deemed foreigners are not allowed
to purchase or own land in Thailand.
However, they may lease land and ownbuildings.  Foreigners are also allowed toown part of condominium units under thelaws and regulations governing theownership of condominiums.3), 4)Acquisition and usage of land:
Unbound, except as provided in the MAcolumnTN/S/O/THA
Page 8Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
II. SECTOR SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
(a) Legal services
(CPC 86111+86119+86120+86130+86190)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) Unbound1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) Unbound
(b) Accounting, auditing and
bookkeeping services(CPC 86211 to 86213
+86219+86220)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) Unbound1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) Unbound
(d) Architectural services
(CPC 86711 to
86714+867191) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) Unbound1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) Unbound
(e) Engineering services
(CPC 86721 to 86727
+86729)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(g) Urban planning and
landscape architecturalservices(CPC 86741 to 86742)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) Unbound1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) UnboundTN/S/O/THA
Page 9Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
B. Computer and Related
Services
(a) Consultancy services
related to the installationof computer hardware(CPC 84100)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may
subject to numerical ceilings and specificqualification requirements set by Ministryof Information and CommunicationsTechnology (hereinafter  “ICT Ministry”),
otherwise as indicated in the horizontal
section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(b) Software implementation
services (excluding
programming and systems
maintenance services)
(CPC 84210+84220+84230+ 84240+84250 )1) Unbound
2) None3)
 None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may
subject to numerical ceilings and specificqualification requirements set by ICT
Ministry, otherwise as indicated in the
horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(c) Data processing services
(excluding those providedover public
telecommunications
network)(CPC 84310+84320+84330+84390)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may
subject to numerical ceilings and specificqualification requirements set by ICTMinistry, otherwise as indicated in the
horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 10Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(d) Data base services
(excluding those providedover publictelecommunicationsnetwork)(CPC 84400)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may
subject to numerical ceilings and specific
qualification requirements set by ICTMinistry, otherwise as indicated in thehorizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(e) Other computer
services: software
training services for staff
of clients (part of CPC84900)1) Unbound
2) None
3) None
4) Entry of contractual service suppliers may
subject to numerical ceilings and specificqualification requirements set by ICTMinistry, otherwise as indicated in thehorizontal section1) Unbound
2) None
3) None
4) Unbound, except as provided in the
horizontal section
E. Rental/Leasing Services
without Operators
(d) Rental and leasing
services concerning
agricultural machinery,
construction machinery,office machinery, othermachinery and equipmentwithout operator(CPC 83106-83109)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 11Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(d) Leasing services
concerning agricultural
machinery, construction
machinery, office
machinery, other
machinery and equipment
without operator
(CPC 83106-83109)1)      Unbound
2)      None
3)      None other than that indicated in the
horizontal section
4)      As indicated in the horizontal section1)     Unbound
2)      None
3)      No limitations as long as foreign equity
participation does not exceed 49 per cent
4)      None
F. Other Business Services
(a) Advertising services
(CPC 87110+87120
+87190)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
(b) Market research and
public opinion polling
services(CPC 86401 to 86402)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(c) General management
consulting services(CPC 86501)1) None
2) None3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for legal and auditing
consultants1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 12Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(e) Technical testing and
analysis services(CPC 86761+86769)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(f) Services incidental to
agriculture;
Consultancy services onagricultural extension:
- soil preparation
- seed production- plant protection- harvesting- grading- packing
-s t o r a g i n g1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) Unbound
As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None.  Unbound, except as provided in the
horizontal section
Soil analysis laboratory 1) None
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) None
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) Unbound , except as provided in the horizontal
section
Soil survey and land use
Planning1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 13Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Cover crop seed
multiplication1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(f) Services incidental to
forestry:
Forestry consultantservices1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(g) Services incidental to
fishing:
International trading,exporting productsservices (broker)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
Quality analysis services 1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 14Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Canning process analysis
services1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal sections1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
Technical services
- Consulting- Research on marketing- Quality control1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(h) Services incidental to
mining at oil and gasfields1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(m) Related scientific and
technical consulting
services (CPC 8675)
-  Oil and gas exploration
(part of CPC 8675)1) Unbound
2) None
3) None
4) (a) As indicated in th e horizontal section
(b)Unbound for civil engineer1) Unbound
2) None
3) None
4) Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 15Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(n) Maintenance and repair
services of officemachinery and equipmentincluding computers(CPC 84500)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may
subject to numerical ceilings and specific
qualification requirements set by ICTMinistry, otherwise as indicated in thehorizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(q) Packaging services
(CPC 87600)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) Unbound1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) Unbound
(r) Publishing and printing
services excluding
publishing newspaper
(CPC 88442)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) Unbound1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) Unbound
(t) Other
Translation andinterpretation services(CPC 87905)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 16Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
2. COMMUNICATION SERVICES
C. Telecommunications Services
Commitments undertaken in this offer are subject to the following general conditions:
- Each service to be supplied in Thailand requires a specific governmental licence.
- Licences are granted only to service suppliers duly constitute d according to the Thai legislatio n, which requires head office and management located in the Thai
territory.
- Due to scarce resources, the number of licences may be limited.- The services in the Schedule of Specific Commitments shall be on facilities basis.
- The service provider shall be a Thai registered company with  foreign equity participation no t exceeding 20 per cent of the reg istered capital and the number of foreign
shareholders must not exceed 20 per cent of the total number of shareholders of the company.
- The Communications Authority of Thailand has exclusive right to link with Intelsat and Inmarsat.- Conditional upon passage and coming into force of all necessary new communication acts, commencing from the year of 2006, comm itments on public
telecommunication services will be introduced, and carried out in accordance with the implementing regulations to be issued by virtue of those acts.TN/S/O/THA
Page 17Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Public local, domestic
long distance andinternational services:
(a) Voice telephone services
(b) Telex services
(c) Telegraph services
(d) Facsimile services1),2) None, other than traffic shall be routed
through a gateway in Thailand operated by a
supplier duly licensed; the provision of
concerned services shall be agreed by thesupplier duly licensed of both ends.
3) Conditional upon passage and coming into
force of all necessary new communicationacts, commencing from the year of 2006,
Thailand will introduce the market access
elements as contained in those acts into therelevant parts of its Schedule of SpecificCommitments relating to the supply of publictelecommunication services.
4) Unbound as indicated in the horizontal
section1),2) None
3) Conditional upon passage and coming into
force of all necessary new communicationacts, commencing from the year of 2006,
Thailand will introduce the national treatment
elements as contained in those acts into therelevant parts of its Schedule of SpecificCommitments relating to the supply of publictelecommunication services.
4) Unbound as indicated in the horizontal sectionConditional upon passage
and coming into force ofall necessary newcommunication acts,commencing from the yearof 2006, Thailand will
introduce into its Schedule
of Specific Commitmentson publictelecommunicationservices its treatment onthe subjects relating to
competitive safeguards,
interconnection, universalservice, public availabilityof licensing criteria,separation of regulatoryand operational functions,
and the allocation and use
of scarce resources.
(j) Data base access services
(part of CPC 7523)1) 1.1 Service providers must use public
telecommunication network undernational telecommunication authorities;
1.2 Radio application service is subject to
frequency availability.1) NoneTN/S/O/THA
Page 18Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
2) None
3) (a) Shall be a Thai registered company with
foreign equity participation notexceeding 40 per cent of the registeredcapital and the number of foreignshareholders must not exceed 40 per
cent of the total number of shareholders
of the company
(b) Such company shall be permitted under
the built-transferred-operated concept
(c) Must use public telecommunication
network under national
telecommunication authorities
4) As indicated in the horizontal section2) None
3) No limitations as long as foreign equity
participation does not exceed 40 per cent
4) None
 Unbound, except as provided in the
horizontal section
(n) On-line information
and/or data processingservices
(part of CPC 843)1) 1.1 Services providers must use
telecommunication network undernational telecommunication authorities;
1.2 Radio application service is subject to
frequency availability1) None
2) None
3) (a) Shall be a Thai registered company with
foreign equity partic ipation not exceeding
40 per cent of the registered capital and
the number of foreign shareholders mustnot exceed 40 per cent of the total numberof shareholders of the company
(b) Such company shall be permitted under
the built-transferred-operated concept
(c) Must use public telecommunication
network under nationaltelecommunication authorities2) None
3) No limitations as long as foreign equity
participation does not exceed 40 per cent
4) As indicated in the horizontal section 4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 19Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(o) Other
Telecommunications
equipment sales services(part of CPC 75420)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent.
None
4) None  Unbound, except as provided in the
horizontal section
Telecommunicationsconsulting services(CPC 75440)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
Videotext(part of CPC 75299)1) 1.1 Service providers must use public
telecommunication network under
national telecommunication authorities;
1.2 Radio application service is subject to
frequency availability
2) None1) None
2) None
3) (a) Shall be a Thai registered company with
foreign equity participation not
exceeding 40 per cent of the registeredcapital and the number of foreignshareholders must not exceed 40 percent of the total number of shareholdersof the company3) No limitations as long as foreign equity
participation does not exceed 40 per cent
(b) Such company shall be permitted under
the built-transferred-operated conceptby national telecommunicationauthorities
2
                                                          
2 This condition will be applied f or at least 10 years.TN/S/O/THA
Page 20Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(c) Must use public telecommunication
network under nationaltelecommunication authorities
(d) Selection of service providers shall be
based on open tender
4) As indicated in the horizontal section 4) None
 Unbound, except as provided in the
horizontal section
Teleconference
(part of CPC 75292)1) 1.1 Service providers must use public
telecommunication network undernational telecommunication authorities;
1.2 Radio application service is subject to
frequency availability
2) None1) None
2) None
3) (a) Shall be a Thai registered company with
foreign equity partic ipation not exceeding
40 per cent of the registered capital andthe number of foreign shareholders mustnot exceed 40 per cent of the total number
of shareholders of the company3) No limitations as long as foreign equity
participation does not exceed 40 per cent
(b) Such company shall be permitted under
the built-transferred-operated concept bynational telecommunication authorities
2
(c) Must use public telecommunication
network under national
telecommunication authorities
(d) Selection of service providers shall be
based on open tender
4) As indicated in the horizontal section 4) None  Unbound, except as provided in the
horizontal section
                                                          
2 This condition will be applied for at least 10 years.TN/S/O/THA
Page 21Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Domestic leased circuits
(part of CPC 75299)1) 1.1 Service providers must use public
telecommunication network undernational telecommunication authorities;
1.2 Radio application service is subject to
frequency availability
2) None
3) (a) Shall be a Thai registered company with
foreign equity participation notexceeding 40 per cent of the registeredcapital and the number of foreignshareholders must not exceed 40 percent of the total number of shareholders
of the company1) None
2) None
3) No limitations as long as foreign equity
participation does not exceed 40 per cent
(b) Such company shall be permitted under
the built-transferred-operated conceptby national telecommunicationauthorities
2
(c) Must use public telecommunication
network under national
telecommunication authorities
(d) Selection of service providers shall be
based on open tender
4) As indicated in the horizontal section4) None  Unbound, except as provided in the
horizontal section
D. Audiovisual Services
(a) Film/video production and
distribution servicesexcluding promotion oradvertising services (CPC
96112+96113)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
                                                          
2 This condition will be applied for at least 10 years.TN/S/O/THA
Page 22Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(c) Radio/television services
only for production ofradio/TV programmes(CPC 96131+96132)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
3. CONSTRUCTION AND
RELATEDENGINEERINGSERVICES
A. Construction Work for
Buildings
(CPC 51210+51220+51230+51240+51250+51260 +51270+51280+51290)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
B. Construction Work for
Civil Engineering(CPC 51310+51320+51330+51340+51350+51360+51371+51372
+51390)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
C. Installation Work
(CPC 51610+51620+51630+51641+51642+51643+51644+51649
+51650+51660+51691+
51699)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 23Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
4. DISTRIBUTION
SERVICES
A. Commission Agents'
Services(CPC 62111 to 62118)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) Unbound1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) Unbound
5. EDUCATIONAL
SERVICES
A + B. International and
National School
Education Services(excluding adult andother educationservices) (CPC9219+9221 +9222)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) Unbound  Foreign natural persons may
enter Thailand to supply education
services provided that:
(1) the natural persons are invited or
employed by education institutionsduly established and registered inThailand;
(2) the natural persons possess
qualification and experiences set bysuch institutions as well as meetingother criteria that may be set byMinistry of Education, whereapplicable
The initial temporary stay shall be six
months or the duration of employmentperiod, whichever is shorter, withpossibility of extension.
Others : As indicated in the horizontal
section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) UnboundTN/S/O/THA
Page 24Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
B. Technical and Vocational
Education Services (CPC9223+9224)1) None
2) None3) None other than that indicated in the
horizontal section
4) Unbound  Foreign natural persons may
enter Thailand to supply education
services provided that:
(1) the natural pers ons are invited or
employed by education institutionsduly established and registered inThailand;
(2) the natural persons possess
qualification and experiences set bysuch institutions as well as meetingother criteria that may be set byMinistry of Education, whereapplicable
The initial temporary stay shall be six
months or the duration of employmentperiod, whichever is shorter, withpossibility of extension.
Others :  As indicated in the horizontal
section1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) UnboundTN/S/O/THA
Page 25Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
C. Higher education services
(CPC 92300)1) Unbound
2) None3) Unbound4) Foreign natural p ersons may  enter
Thailand to supply education servicesprovided that:
(1) the natural persons are invited or
employed by education institutionsduly established and registered inThailand;
(2) the natural persons possess
qualification and experiences set by
such institutions as well as meetingother criteria that may be set byMinistry of Education whereapplicable
The initial temporary stay shall be six
months or the duration of employmentperiod, whichever is shorter, withpossibility of extension.
Others : As indicated in the horizontal
section1) Unbound
2) None3) Unbound4) UnboundTN/S/O/THA
Page 26Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
D. Professional and/or Short
Courses EducationServices (CPC 92400)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) Unbound  Foreign natural persons may
enter Thailand to supply education
services provided that:
(1) the natural persons are invited or
employed by education institutionsduly established and registered inThailand;
(2) the natural persons possess
qualification and experiences set bysuch institutions as well as meetingother criteria that may be set byMinistry of Education, whereapplicable
The initial temporary stay shall be six
months or the duration of employmentperiod, whichever is shorter, withpossibility of extension.
Others : As indicated in the horizontal
section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) UnboundTN/S/O/THA
Page 27Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
E. Other education services
(CPC 92900)
Foreign language tuition
services  (part of CPC92900)1) Unbound
2) None3) None4) Foreign natural persons may enter
Thailand to supply education servicesprovided that:
(1) the natural persons are invited or
employed by education institutions dulyestablished and regis tered in Thailand;
(2) the natural persons possess
qualification and experiences set by
such institutions as well as meeting
other criteria that may be set byMinistry of Education, whereapplicable
The initial temporary stay shall be six
months or the duration of employment
period, whichever is shorter, withpossibility of extension.
Others : As indicated in the horizontal
section1) Unbound
2) None3) None4) Unbound
6. ENVIRONMENTAL
SERVICES
A. Environmental
Consultancy on Sewage
System, Refuse Disposal,
Hazardous WasteManagement, AirPollution and NoiseManagement, Sanitationand Other Environmental
Management Services
(CPC 9401)1) None
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) None
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 28Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Environmental Protection
and EnvironmentalAbatement Services(CPC 9401)1) None
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
Sewage Services(including industrial wastewater treatment system)(CPC 9401)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
B. Refuse Disposal Services
(including hazardouswaste management andincinerator)(CPC 9402)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
C. Sanitation and Similar
Services(CPC 9403)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
D. Other
Cleaning services ofexhaust gases (includingindustrial emissionabatement) (CPC 9404)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 29Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Noise abatement services
(CPC 9405)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
Nature and landscapeprotection services(CPC 9406)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
Other environmentalprotection services(CPC 9409)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
7. FINANCIAL SERVICES
- With regard to the scope of operation and types of financial services that can be provided, each type of financial institution  will be permitted to operate the sector
or sub-sector of banking and other financial services only to the extent that their respective governing legislation permit the m to do so.
- All commitments in this sector are subject to horizontal commitments in Thailand’s GATS schedule of specific commitments.
A. Insurance including
Reinsurance and
retrocession
(a) Life insurance services
(CPC 81211)1) None
2) None
3) (a) Foreign equity participation limited to
25 per cent of registered share capital.1) None
2) Life insurance premium is tax deductible up to
a certain amount for holders of policies issuedby local companies.
3) None other than that indicated in the MA
columnTN/S/O/THA
Page 30Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(b) New establishment is subject to licence
approved by the Minister with theconsent of the Cabinet.
4) Only senior managerial personnel, specialists
and technical assistants with the approval ofthe Insurance Commissioner.4) None
 Unbound, except as provided in the
horizontal section
(b) Non-life insurance services
(CPC 8129)1) Unbound except for international marine,
aviation and transit and all classes ofreinsurance.
2) None3) (a) Foreign equity participation limited to 25
per cent of registered share capital.
(b) New establishment is subject to license
approved by the Minister with the consentof the Cabinet.
4) Only senior managerial personnel, specialists
and technical assistants with the approval ofthe Insurance Commissioner.1) Unbound
2) None
3) None other than that indicated in the MA
column
4) None
 Unbound, except as provided in the
horizontal section
(d) Services auxiliary to
insurance (excludingpension funding services)
Insurance broking and
agency services (CPC81401) (Brokers shall notinduce, advise or do anyacts so as to cause anyperson to enter into
insurance contracts with
insurers abroad, except forreinsurance contracts)1 Unbound
2) Unbound3) Foreign equity participation not to exceed 25
per cent.
4) (a) Only senior managerial personnel,
specialists and technical assistants withthe approval of the InsuranceCommissioner.
(b) Unbound for individual broker and
agent.1) Unbound
2) Unbound3) No limitations as long as foreign equity
participation does not exceed 25 per cent .
None other than that indicated in the MAcolumn
4) None 
Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 31Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Insurance consultancy
services excluding pensionconsulting services (CPC81402)1) None
2) None3) None other than that indicated in the
horizontal section.
4) Only senior managerial personnel, specialists
and technical assistants with the approval of
the Insurance Commissioner.1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent.
None
4) None  Unbound, except as provided in the
horizontal section
Average and loss
adjustment services (CPC81403)1) None
2) None3) None other than that indicated in the
horizontal section.
4) Only senior managerial personnel, specialists
and technical assistants with the approval of
the Insurance Commissioner.1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent.
None
4) None  Unbound, except as provided in the
horizontal section
Actuarial Services(CPC 81404)1) None
2) None3) None other than that indicated in the
horizontal section.
4) Only senior managerial personnel, specialists
and technical assistants with the approval ofthe Insurance Commissioner.1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent.
None
4) None  Unbound, except as provided in the
horizontal section
Services auxiliary tofinancial intermediationother than to insuranceand pension fundingservices
Credit card services(CPC 81133) (Mobilizingfunds from the public isprohibited, unless licensedunder a financial law)1) None
2) None3) (a) As indicated in B(3)(j) below.
(b) Financial institutions must obtain prior
approval from the Bank of Thailand.
4) As indicated in the horizontal section .1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent.
None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 32Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Financial consultancy
services (CPC 81332)1) Unbound
2) None3) None other than that indicated in the
horizontal section.
4) As indicated in the horizontal section .1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent.
None
4) None  Unbound, except as provided in the
horizontal section
B. Banking and Other
Financial Services
Acceptance of deposits
and other repayable funds
from the public
Lending of all types,
including consumer credit,mortgage credit, factoringand financing of
commercial transactions
Financial leasing1) None for financial advisory and financial
data processing.  Unbound for all other
services.
2) None for financial advisory and financial
data processing.  Unbound for all otherservices.
3) (a)  Representative office of banks: None.
(b) Foreign bank branches:
I. None for existing foreign bank branches
under present shareholding structure.
New establishment is subject to licence
approved by the Minister of Financewith the consent of the Cabinet.1) None
2) None
3) (a) Representative office of banks:  None
(b) Foreign bank branches:
None, except as indicated in the market
access column.
Payment and moneytransmission services
including credit, charge
and debit cards, travellerscheques and bankers drafts
Guarantees and
commitmentsII. ATM operations permitted under the
following conditions only:
(i) joining ATM pools operated by
Thai banks; or
(ii) operation within own premises or
sharing the facilities with othercommercial banks in Thailand.TN/S/O/THA
Page 33Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Trading for own account,
or for account ofcustomers in thefollowing:(a) money market
instruments
(b) foreign exchange
(c) exchange rate and
interest rateinstruments
(d) transferable securitiesIII. Existing foreign banks which already
had the first branch office in Thailandprior to July 1995 will each be permittedto open no more than two additionalbranches.
IV. None for participation in cheque
clearing and settlement system.
(c) Locally incorporated banksI. Market access limited to the acquisition
of shares of existing banks.(c) Locally incorporated banks
None, except as indicated in the market access
column
Participation in issues ofall kinds of securities,including underwritingand placement as agents(whether publicly or
privately) and provision of
services related to suchissuesII. (i) Maximum foreign equity
participation limited to 25 per centof paid-up registered capital.Combined shareholding of anindividual and his/her related
persons not to exceed 5 per cent of
bank's paid-up registered capital.TN/S/O/THA
Page 34Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Asset management as
follows:
- cash or portfolio
management
- collective investment
management
- custodian and
depository services
Advisory, intermediation
and other auxiliaryfinancial services
Provision and transfer of
financial information, andfinancial data processingand related software(ii) The Minister of Finance upon
recommendation of the Bank ofThailand may relax the above-mentioned limits on maximumforeign equity participation andcombined shareholding of an
individual and his/her related
persons, subject to the terms andconditions announced by theMinister of Finance, including thefollowing:
- the relaxation is deemed necessary
to improve the condition or
business of the commercial bank;
- such equity participation will be
authorized for a period of up to 10years, with foreign shareholderswho enter in this period being
grandfathered thereafter with
respect to the absolute amount oftheir equity holding.TN/S/O/THA
Page 35Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
III. At least three-fourths of the directors
must be of Thai nationality.  TheMinister of Finance uponrecommendation of the Bank ofThailand may allow more foreignnationals than specified above subject to
the same terms and conditions as stated
in II (ii) above.
(d) International Banking Facility3 New
establishment is subject to licenceapproved by the Minister of Finance.
(e) Finance companies and credit foncier
companies
I.  None for representative offices.II. Market access limited to the acquisition
of shares of existing companies.
III. (i) Maximum foreign equity
articipation limited to 25 per centof paid-up registered capital.
Combined shareholding of an
individual and his/her relatedpersons not to exceed 10 per cent.(d) International banking facility
None, except as indicated in the marketaccess column
(e) Finance companies and credit foncier
companiesNone, except as indicated in the marketaccess column
                                                          
3 IBF units permitted to operate only the banking and investment ba nking business as specified in the Ministerial Order issued o n 16 September 1992, and Notification of the Bank of Thailand dated 14
December 1993.TN/S/O/THA
Page 36Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(ii) The Minister of Finance upon
recommendation of the Bank ofThailand may relax the above-mentioned limits on maximumforeign equity participation andcombined shareholding of an
individual and his/her related
persons, subject to the terms andconditions announced by theMinister of Finance, including thefollowing:
- the relaxation is deemed necessary to
improve the condition or business of thefinance company and credit fonciercompany.
- such equity participation will be
authorized for a period of up to 10years, with foreign shareholders who
enter in this period being grandfathered
thereafter with respect to the absoluteamount of their equity holding.
IV. At least three-fourths of the directors
must be of Thai nationality. The
Minister of Finance uponrecommendation of the Bank ofThailand may allow more foreignnationals than specified above subject tothe same terms and conditions as stated
in III(ii) above.
(f) Securities companies Securities
brokerage, securities dealing,investment advisory service andsecurities underwriting:(f) Securities companies
None, except as indicated in the marketaccess columnTN/S/O/THA
Page 37Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
I. None for representative offices.
II. Market access limited to share
acquisition of existing companies only.Unbound for new licences.
III. Maximum foreign equity participation
limited to 49 per cent of paid-upregistered capital.
IV. At least one-half of the directors of a
locally incorporated securities firm must
be Thai national.
(g) Asset management companies:
I. None for representative offices.(g) Asset management companies
None, except as indicated in the marketaccess column
II. Market access limited to share
acquisition of existing companies.
III. During the first five years after the
licence has been granted, maximumforeign equity participation is limited to
25 per cent of paid-up registered capital
and at least  three-fourths of thedirectors must be Thai national.
IV. After five years, maximum foreign
equity participation is limited to 49 per
cent of paid-up registered capital and at
least one-half of the directors must beThai national.TN/S/O/THA
Page 38Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(h) Financial leasing services
Can only be provided by leasingcompanies which are subject tomaximum foreign equity participation of49 per cent of paid-up registered capital,or by finance companies which are
subject to maximum foreign equity
participation of 25 per cent of paid-upregistered capital, except in (e) III (ii).(h) Financial leasing services
None
(i) Factoring services
Can only be provided by factoringcompanies which are subject to
maximum foreign equity participation of
49 per cent of paid-up registered capital,or by finance companies which aresubject to maximum foreign equityparticipation of 25 per cent of paid-upregistered capital, except in (e) III (ii).(i) Factoring services
None
(j) Credit, charge and debit cards
Credit, charge and debit cards can onlybe provided by companies which aresubject to maximum foreign equity
participation of 49 percent of paid-up
registered capital or locally incorporated
banks and foreign bank branches.
The conduct of businesses under h), i) and j)
will be subject to licensing and regulations to
be announced.(j) Credit, charge and debit cards
NoneTN/S/O/THA
Page 39Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
4) Limitations on the number of foreign
personnel per foreign bank office:
(a) two persons for banks operating as
representative office;
(b) six persons for each full-licensed
branch;
(c) four persons for each BIBF branch;
(d) two persons for each PIBF branch;(e) eight persons for banks operating as
full-licensed and BIBF branch;
For finance companies:
(a) two persons for a representative office;
(b) Maximum of four directors permitted
for finance companies;
For securities companies and asset and
management companies:  two persons for a
representative office.
9. TOURISM AND
TRAVEL RELATED
SERVICES
A. Hotel Lodging Services
(CPC 64110)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 40Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Restaurant Services
(CPC 64210)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
Catering Services(CPC 64230)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
B. Travel Agency and Tour
Operator Services
(CPC 74710)1) Unbound
2) None3) None other than
 In addition to  that indicated
in the horizontal section , and not less than
half of the board of directors of the company
must be Thai nationality
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 41Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
D. Other
Hotel management
services1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4)      None  Unbound, except as provided in the
Horizontal section
10. RECREATIONAL,
CULTURAL ANDSPORTING SERVICES
D. Sporting Services
(excluding other sporting
services specified in CPC96419) (CPC 96411 +96412 + 96413)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal sections1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
Recreation Park andBeach Services(CPC 96494)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 42Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
11. TRANSPORT SERVICES The following
services at the portprovided by thegovernment orgovernmententerprise are made
available, to
internationalmaritime
A. Maritime Transport
Servicestransport suppliers onreasonable and non-discriminatory termsand conditions:
(a) Passenger transportation
(CPC 7211 less cabotagetransport:  as definedbelow - 3.1)1) None
2) None3) (a) Unbound for establishment of juristic
person for the purpose of operating afleet under the national flag of Thailand1) None
2) None3) (a) Unbound1. Pilotage
4
2. Towing and tug
assistance
3. Provisioning,
fuelling andwatering
4. Garbage
collecting andballast wastedisposal
                                                          
4 A Thai captain of a Thai ship which sails regularly in certain compulsory pilotage area may be permitted to pilot the ship in t he area.TN/S/O/THA
Page 43Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(b) Other forms of commercial presence for
the supply of international maritimetransport services (as defined below -3.2) except branch office:  As indicatedin the horizontal section.
4) (a) Ships' crews:  Unbound
(b) Other personnel:  As indicated in the
horizontal section(b) None
4) (a) Unbound
(b) None
 Unbound, except as provided in the 
horizontal section5. Port captain's
service
6. Navigation aids7. Shore-based
operationalservices
essential to ship
operations,water andelectricalsupplies
8. Emergency
repair facilities
9. Anchorage,
berth andberthingservices
(b) Freight transportation
(CPC 7212 less cabotage
transport:  as definedbelow - 3.1)1) None other than:  Traffic between Thailand-
China and Thailand-Vietnam may not be
fully participated in by vessels of thirdcountries.
2) None1) None
2) None1) See Note to the
schedule
3) (a) Unbound for establishment of juristic
person for the purpose of operating afleet under the national flag of Thailand
(b) Other forms of commercial presence for
the supply of international maritimetransport services (as defined below -
3.2) except branch office:  As indicated
in the horizontal section3) (a) Unbound
(b) None other than:
(i) Shareholders of Thai maritime
transport companies with ownership
of Thai flag vessels may be grantedexemption or reduced rates ofincome tax leviable on dividendspaid by such companies(b) See Note to the
scheduleTN/S/O/THA
Page 44Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
4) (a) Ships' crews:  Unbound
(b) Other personnel :  As indicated in the
horizontal section(ii) Exporters or importers of goods
shipped from or to Thailand by Thaiflag vessels may be entitled tospecial deduction of not more than50 per cent of the freight values orother expenses paid in the ordinary
course of carriage of such goods
from their net income for the purposeof calculation of income tax
4) (a) Unbound
(b) None
 Unbound, except as provided in the
horizontal section
(e) International towing
(CPC 7214)1) None
2) None3) (a) Unbound for establishment of juristic
person for the purpose of operating afleet under the national flag of Thailand
(b) Other forms of commercial presence for
the supply of international towingservice (as defined below - 3.2) exceptbranch office:  As indicated in thehorizontal section1) None
2) None3) (a) Unbound
(b) None
4) (a) Ships' crews:  Unbound
(b) Other personnel:  As indicated in the
horizontal section4) (a) Unbound
(b) None  Unbound, except as provided in the
horizontal section
(f) Supporting Services for
maritime transport
(CPC 745)
Shore reception facilities
(collection of waste/oilywater from ships)1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 45Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
Port captain's services
attached to specificforeign vessels1) None
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) None
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
Marine surveys andclassification societies forthe purpose of providingaccurate documentationand certification of vessels1) None other than those under regulations
stipulated by the Harbour Department
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) None
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provide in the MA
column
Freight forwarding
services1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
C. Air Transport Services
(d) Aircraft repair and
maintenance services(CPC 8868)1) None
2) None3) Unbound4) As indicated in the horizontal section1) None
2) None3) Unbound4) None
 Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 46Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
(e) Supporting services for air
transport (CPC 746)
Selling and marketing of
air transport services1) Unbound
2) Unbound3) None other than:
3.1 that indicated in the horizontal section1) Unbound2) Unbound3) The value added tax in use comprises 3 rates,
namely 7 per cent, 0 per cent and exempted.VAT collection is based on a reciprocal basis.
3.2 1.Distribution through CRS is allowed
only for airlines offices and one
General Sales Agent office
3.3 2.Services providers must use Thai
public telecommunication networkunder national telecommunicationauthorities
4) As indicated in the horizontal section 4) Unbound
E. Rail Transport Services
(d) Maintenance and repair of
rail transport equipment(CPC 8868)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
(e) Supporting Services for
rail transport services
(CPC 743)
Passenger and freightcar cleaning services1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
Security services atrailway station1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 47Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
F. Road Transport Services
Other non-scheduled
passenger transportation
(b) Freight transportation only
for frozen or refrigeratedgoods, bulk liquids or
gases and containerized
freight(CPC 71231 to 71233)1) Unbound
2) None3) (a)
None other than  In addition  to  that
indicated in the horizontal section ,
(b)    N  not less than half of the board of
directors of the company must be  have Thai
nationality
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent None
4) None  Unbound, except as provided in the
horizontal section
(c) Rental services of
passenger cars withoperator(CPC 71222)1) Unbound
2) None3) (a)
None other than  In addition  to  that
indicated in the horizontal section ,
(b)    N  not less than half of the board of
directors of the company must be  have
Thai  nationality
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal section
(c) Rental services of buses
and coaches with operator
(CPC 71223)1) Unbound
2) None
3) (a) None other than  In addition  to  that
indicated in the horizontal section ,
(b)    N  not less than half of the board of
directors of the company must be  have
Thai nationality
4) As indicated in the horizontal section1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 48Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitat ions on  National Treatment Additional Commitments
H. Services Auxiliary to All
Modes of Transport
(b) Storage and warehousing
services (CPC 742)1) Unbound
2) None3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section1) Unbound
2) None3) No limitations as long as foreign equity
participation does not exceed 49 per cent  None
4) None  Unbound, except as provided in the
horizontal sectionTN/S/O/THA
Page 49
Reference Paper
NOTE TO THE SCHEDULE
1. Where road, rail, inland waterways and related auxiliary services are not otherwise fully
covered in this schedule, a multimodal transport operato r shall have the ability to rent or lease trucks,
railway carriages or barges, and related equipment, for the purpose of inland forwarding of cargoes, orhave access to and use of these forms of multimodal activities on reasonable and non-discriminatory
terms and conditions for the purpose of carrying out multimodal transport operations.
2. "Reasonable and non-discriminatory terms and conditions" means, for the purpose of
multimodal transport operations, the ability of multimodal transport operator to arrange for theconveyance of its merchandise on a timely basis, including priority over other merchandise which
enter the port at a later date.
3. Definitions:
3.1 "cabotage":  for the purpose of this schedule, means the transportation or towage of
passengers or goods, between a port or place located in Thai waters and another port or place located
in Thai waters.
3.2 "Other forms of commercial presence for the supply of international maritime transport
services":  for the purpose of this schedule, means the ability for international maritime transport
service suppliers of other members to undertake locally the following:
(a) Marketing and sales of maritime transport services through direct contact with customers,
from quotation to invoicing, these services being those operated or offered by the service
supplier itself;
(b)  The procurement, on their own account of any transport and related services, necessary for
the supply of the integrated service;
(c) The preparation of documentation concerning transport documents, customer documents, or
other document related to the origin and character of the goods transported;
(d) Setting up of any business arrangements (including participation in the stock of a company)
and the appointment of personnel recruited lo cally with any locally established shipping
agency:  As indicated in the horizontal section.
3.3 "Multimodal transport operator" means the person on whose behalf the bill of
lading/multimodal transport document, or any other document evidencing a contract of multimodal
carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contractof carriage.
3.4 "Freight forwarding services" means the activity consisting of organizing and monitoring
shipment operations on behalf of shippers, through the procurement of transport and related services,
preparation of documentation and provision of business information.
________________TN/S/O/THA
Page 50
THAILAND – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the measure
appliesIntended durationConditions creating  the need for
the exemption
Business services
- Auditing services Bilateral agreement based on
reciprocity treatmentCountries which allow Thai
nationals to practise auditing intheir territoriesIndefinite Reciprocal basis
- Publishing
newspapersThailand will grant permission
to a natural person of the
countries which have treaties
with ThailandCountries which have treaties with
the Thai GovernmentIndefinite Reciprocal basis
Computer reservation
system servicesOnly airlines/CRS partners
which are in Amadeus systemcan bring in and install their
own systems in ThailandCountries whose CRS operators are
in Amadeus system and intend tobring in and install the systems to
any travel agencies in ThailandIndefinite To ensure that local operators are
able to make complete access tothe Amadeus system within a
certain period of timeTN/S/O/THA
Page 51Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the measure
appliesIntended durationConditions creating  the need for
the exemption
Transport services
- Selling and
marketing ofmaritime transportservices
- Selling and
marketing of airtransport servicesThe value added tax in use
comprises three rates, namely7 per cent, zero per cent andexempted.  VAT collection is
based on a reciprocal basis.- Countries which have the same
zero rate VAT system as Thailand
- Countries which exempt Thai
persons from VAT or other taxes of
similar nature by virtue of thetreaties concluded or to beconcluded with Thailand
- Countries which exempt juristic
persons constituted in accordance
with Thai law from VAT or othertaxes of similar nature on the basisof reciprocity
- Countries which do not levy VAT
or other taxes of similar nature onjuristic persons constituted inaccordance with Thai law on thebasis of reciprocityIndefinite Reciprocal basisTN/S/O/THA
Page 52
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the measure
appliesIntended durationConditions creating  the need for
the exemption
International maritimetransport of cargoes1) Rights to carry all
products:  Treaty ofAmity and EconomicRelations between theKingdom of Thailandand the United States
of America
2) Cargo sharingThe United States of America 10 years Bilateral agreement
- Commercial Maritime
Navigation Agreementbetween the
Government of the
Kingdom of Thailandand the Government ofthe Socialist Republicof VietnamThe Socialist Republic of Vietnam 10 years Bilateral agreement
- Agreement of
Maritime Transportbetween theGovernment of theKingdom of Thailand
and the Government of
the People's Republicof ChinaThe People's Republic of China 10 years Bilateral agreementTN/S/O/THA
Page 53Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the measure
appliesIntended durationConditions creating  the need for
the exemption
International roadtransport services
- Passenger
transportation
- Freight transportation
- Rental of non-
commercial vehicleswith/without driverReciprocity treatment Countries that have the agreement
on international road transport withThailandIndefinite Reciprocal basis
Aircraft repair and
maintenance servicesThailand will grant permission
to airlines of those countries
which treat Thai carriers onreciprocal basis- Countries whose airline is
accepted as a designated
airline by Thailand underbilateral air servicesagreements
- Countries whose
regulations do not preventThai carriers fromperforming similaractivities in that countryIndefinite Reciprocal basis
Service sectors stipulated
in the relevant articles ofthe Treaty of Amity andEconomic Relationsespecially Articles 4 and10Only American citizens and
entities are granted nationaltreatment with respect tooperating business andproviding services in ThailandThe United States of America 10 years Bilateral agreement
__________