WT/TPR/M/400/Add. 2 
31 May 2021 
(21-4486) Page: 1/9 
Trade Policy Review Body  
24 and 26 November 2020  Original: English/anglais/inglés  
 
 
  
TRADE POLICY REVIEW  
THAILAND  
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Harald Aspelund (Iceland)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  Thailand .1 
 
Organe d 'examen des politiques commerciales  
24 et 26 novembre  2020  
EXAMEN DES POLITIQUES COMMERCIALES  
THAÏLANDE 
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président : S.E.  M. Harald Aspelund (Islande)  
Le présent document contient les questions écrites communiquées à l 'avance par les 
Membres de l 'OMC, leurs questions additionnelles, et les réponses  fournies par  la Thaïlande .1 
 
Órgano de Examen de las Políticas Comerciales  
24 y 26 de noviembre  de 2020  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
TAILANDIA  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Harald Aspelund (Islandia)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adicionales de los Miembros de la OMC,  así como las respues tas facilitadas por  
Tailandia .1 
 
  
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/ 400/Add. 2 
 
- 2 - 
 
 Contents  
INDONESIA  ................................ ................................ ................................ .....................  3 
COLOMBIA  ................................ ................................ ................................ ......................  4 
 
  WT/TPR/M/ 400/Add. 2 
 
- 3 - 
 
 INDONESIA  
Question 1:  
 
Could you please clarify how the Government defines and proves/confirms the country of origin of 
goods in the application of most-favoured -nation basis?  
 
Answer:  
 
1. In order to submit an application for a Non -preferential Certificate of Origin (Non -preferential 
C/O) via electronic system, exporters are required to register with the Department of Foreign 
Trade (DFT).  
2. The products n eed to comply with rules of origin or conditions imposed by the importing 
countries.  
3. Post-verification is possible on the basis of request submitted by the importing countries or 
sampling.  
  WT/TPR/M/ 400/Add. 2 
 
- 4 - 
 
 COLOMBIA  
QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/400 ) 
 
Question 1:  
 
Given that the services industry represents more than 50% of total employment, in addition to the 
tax measures taken, what are the specific measures that Thailand is prepared to take to encourage 
the services industry and reverse the effect  of job losses in the short, medium and long term?  
 
Answer:  
 
Short -term measures  
 
• Liquidity boosting for labor in affected industry, including services  
Cash support of THB  5,000 for 3 months starting Apr il to Jun e 2020 for labor, temporary 
workers, freelance not registered under Social Security System (SSS). Individuals under 
SSS will received 50% of previous salary (but not exceeding the maximum salary of 
THB 15,000  per month) if the employer temporary halt employ ment.  
 
• Financial measures for SMEs in services industry  
Small and medium -sized businesses (SMEs) are eligible to receive up to THB  3 million 
(USD 91,803) in loans with an interest rate set at 3%. This rate is available for the 
first two years of the loan. The loan period can be no longer than five years. Businesses 
that are eligible for the soft loan include tour and travel agencies, spas, transport 
businesses, hotels, motels, restaurants.  
 
• We Travel Together and Moral Support Promotion  
Two stimulus p ackages worth THB  22.4 billion to boost domestic tourism. Under the We 
Travel Together promotion worth THB  20 billion, the government will subsidize 40% of 
domestic airfares for up to 1,000  baht per seat and 40% of hotel room rates for up to 
3,000  baht per  night. Additionally, the Moral Support promotion, worth THB  2.4 billion, 
will help fund holidays for 1.2  million health officials and volunteers. The funding for the 
two packages comes from the 1.9  trillion -baht economic stimulus package intended to 
cushion the impacts on Thailand 's economy and the Thai people from the COVID -19 
pandemic.  
 
Long -term measures  
 
• Upskilling, reskilling, and learning  
Provide upskilling and reskilling hands -on and trainings to workers in the affected 
manufacturing and service sec tors to help them stay relevant in the changi ng business 
models and economic structures. Promote access to the digital technologies required for 
those trainings and for professional skill development. Promote life -long learning for 
workers so that they are flexible and ready to adapt with changes. This is all to produce a 
sustainable supply of quality manpower.  
 
• Creative and quality tourism  
Adopt a new development approach for the entire tourism sector with a focus on quality 
rather than quantity. Implem ent investment stimuli and use tourism models that allow 
convenient monitoring and evaluation. Engage secondary cities and potential local areas 
in the tourism industry to distribute income to grassroots communities.  
 
Question 2:  
 
When does Thailand anticipate that the transition to a negative list approach to the scheduling of 
ASEAN Agreement on Trade in Services (ATISA) liberalization commitments under AFAS will be 
perfected? Does Thailand consider it feasible for such a transition to also take place under other 
trade agreements? Is that a trade policy guideline?  
 WT/TPR/M/ 400/Add. 2 
 
- 5 - 
 
 Answer:  
 
Under the ATISA, ASEAN Member States have different timelines for transitioning to the negative 
list approach based on their statuses. Thailand has 7 years to develop and to amend our negative 
list as necessary. The transitioning p rocess under the ATISA will be completed within 15 years. The 
transition to the negative list approach only concerns the change of schedule 's formatting without 
any amendments to the level of comm itments. The main objective is to facilitate foreign investors, 
as well as to create a more business friendly environment. As for the approach to the scheduling 
under other trade agreements, it will be up to the parties of each agreement to decide.  
 
Questi on 3:  
 
What are the criteria applied by the Ministry of Commerce to eliminate approval requirements and/or 
participation of foreign capital in the sectors that belong to any of the three categories in which 
foreign investment is restricted? When a requirem ent is removed, is it done temporarily or 
permanently?  
 
Question 4:  
 
What criteria does the Department of Business Development use to remove service sectors from the 
lists of the Foreign Companies Act? Are there any similar restrictions for goods sectors? Are measures 
also being taken to facilitate foreign investment in goods?  
 
Answer for Q3 – Q4: 
 
1. Businesses Revision Criteria; to consider the national safety or security or having impacts 
on arts, culture, traditions, customs, or natural resources and the environment and also 
consider competitive readiness of Thai nationals.  
 
2. The Ministry of Commerce by Foreign Business Commission reviews categories of businesses 
in the Lists annexed to the Act annually. Since 2013, the Ministry of Commerce has issued 
4 Ministerial Regulations Prescribing Service Business Not Subject to Application for Foreign 
Business Permission covering 40 business categories such as securities business under the 
law on securities and securities exchange, insurance business under the l aw on insurance, 
financial institution business, and representa tive office/regional office.  
 
Question 5:  
 
What are the free trade agreements signed by Thailand that do not contain Investment chapters but 
are being revised to include investment provisions? What prompted Thailand to carry out this review 
and consider the desirability of having investment provisions in these trade agreements?  
 
Answer:  
 
The free trade agreement (FTA) between Thailand and Chile is the only FTA signed by Thailand that  
does not contain an investment chapter. However, it is already indicated in the Article 16.4 (Future 
Work Program) of the Thailand -Chile FTA that unless otherwise agree, no later than two years after 
the entry into force of the Agreement, Thailand and Chi le shall initiate negotiations on investment. 
Up to today, both sides have yet to start this process.  
 
Question 6:  
 
How part of this "circular economy " policy is there any measure to encourage sustainable or 
responsible foreign investment? If there are, wh at do these measures consist of?  
 WT/TPR/M/ 400/Add. 2 
 
- 6 - 
 
 Answer:  
 
Measures to encourage sustainable or responsible foreign investment to promote circular economy 
policy are as follows : 
 
1. Thailand Board of Investment (BOI) has set several basic investment incentives for groups 
of business activities and technology related to circular economy. The incentives are 
exemption of corporate income tax (CIT) for a maximum of 3 -10 years;  
 
- For Technology and innovation development includes targeted core technology 
development such as development of biotechnology, nanotechnology, advanced 
materials technology, and digital technology.  
- For manufacture of fuel from agricultural products, including agricultural scrap or 
garbage or waste, production of electricity or electricity and steam fr om garbage or 
refuse derived fuel, recycling and reuse of unwanted materials, waste treatment or 
disposal.  
- For manufacture of products from agricultural by -products or agricultural waste, plastic 
products from recycled plastics, and recycled fibers.  
 
2. The Stock Exchange of Thailand (SET) has published Thailand Sustainability Investment 
Index or "SET THSI Index " to attract foreign investors to invest in sustainable listed 
companies with outstanding business conduct in terms of Environmental, Social and 
Governance or ESG in Thailand. Business operations related to circular economy is one of 
the criteria for ESG evaluation and report (in the process of development). For example, the 
performance of carbon dioxide emissions, energy consumption, of businesses , etc. 
 
Question 7:  
 
What actions have been included in the wait concerning genetic resources, traditional knowledge 
and traditional cultural expressions? Is there a legal mechanism for the protection of these assets 
through intellectual property?  
 
Answer:  
 
Genetic resources, traditional knowledge, and traditional cultural expressions are protected by 
specific laws in Thailand. In relation to IP, the on -going draft amendment of the Patent Act covers 
the provisions for addressing the formality of patent appli cations related to genetic resources and 
traditional knowledge.  
 
Question 8:  
 
Does the amendment to the Patents Law contemplate the flexibilities on compulsory licen ces and 
parallel imports contemplated by TRIPS? How are these themes being applied?  
 
Answer:  
 
The parallel imports and compulsory licen ces are in the current Patent Act. The draft amendment of 
Patent Act includes the provisions regarding TRIPS flexibilities in relation to the compulsory licen ce 
in line with the Protocol Amending TRIPS Agreement.  
 
Question 9:  
 
Could Thailand please provide more detailed information on how the subcommittee on combating 
intellectual property infringements works? What results have been obtained since the 
implementation of this subcommittee?  
 
Answer:  
 
The National Committee on Intellectual Property Policy established the Sub -Committee on 
Intellectual Property Right Enforcement. The Sub -Committee appointed three working groups: 
(1) Working Group on Suppression of Intellectual Prop erty Violation ; (2) Working Group on 
Suppression of Intellectual Property Violation on the Internet and (3) Working Group on Destruction WT/TPR/M/ 400/Add. 2 
 
- 7 - 
 
 of IPR Infringing Goods. The three working groups, chaired by the Director of the 3rd Operational 
Cooperation Center un der the Internal Security Operations Command (ISOC), meet regularly to 
assess t he current IPR infringement situation so as to optimize IPR enforcement operations and 
strengthen tactics being used nationwide. One example of the work results is the adoption of the 
strengthened site -blocking mechanism under the Computer Crime Act.  
 
Question 10:  
 
Could Thailand provide more detailed information on specific tools that have been incorporated into 
the Cybercrime Act to more effectively combat infringements of intellectual property online? What 
results have been obtained?  
 
Answer:  
 
Section 20(3) of the Computer Crime Act (No.2) B.E. 2560 (2017) provides a mechanism to block 
IPR-infringing sites. Since the Act entered into force in 2017, the cour ts have issued orders to block 
or disable access to over 1,500 IPR -infringing URLs.  
 
Question 11:  
 
Within the framework of this development around the digital economy, have you developed alliances, 
jobs or signed agreements with other countries on the mat ter?  
 
Answer:  
 
Ministry of Digital Economy and Society of Thailand has signed bilateral agreements with Australia, 
Japan, China, Republic of Korea and Finland in the context of digital economy cooperation.  
 
Question 12:  
 
Can Thailand report which initiatives and list the regulatory improvement resulting from the 
implementation of the "Thailand 4.0 " policy?  
 
Answer:  
 
Key Initiatives from the implementation of the Thailand 4.0 are:  
 
• The Eastern Economic Corridor (EEC) Development.  The EEC is an area -based 
development initiati ve, aiming to revitalize the well -known Eastern Seaboard where, for 
30 years, numerous business developers have experienced a rewarding investment 
journey and exceptional achievements. The EEC project initially  focused on the 3 Eastern 
provinces, namely Raying, Chonburi and Chachoengsao. The EEC Development plan 
envisages a significant transformation of both physical and social development, play a 
significant role of a regulatory sand box uplifting the country 's competitiveness.  
• Digital Park Thailand  is a new economic cluster, strategically located on Eastern 
Economic Corridor (EEC), aiming to be the destination for digital global players and digital 
biz innovators to  Invest -Work -Learn -Play together in the park  where digital lifestyle 
meet up with digital business. Surrounded with regional logistic hub, strength of numerous 
world -class digital production, and well known academic institutes, foster thriving digital 
innovation ecosystem.  
• List of Regulatory improveme nt and new regulatory resulting from the implementation 
4.0 policy . 
New Regulation  
 
- Development of Digitality for Economy and Society Act B.E.2560 (2017)  
- Office of Electronic Transaction Development Agency Act B.E. 2562 (2019)  
- The Digital Council of Thaila nd Act B.E. 2562 (2019)  WT/TPR/M/ 400/Add. 2 
 
- 8 - 
 
 - Digital Government Administration and Services Act B.E. 2562  
- Cybersecurity Act B.E. 2562 (2019)  
- Personal Data Protection Act B.E. 2562 (2019)  
Amendment Regulation  
 
- Computer -related Crime Act B.E. 2560 (2017)  
- Electronic Transaction Act B.E  2562 (2019)  
Question 13:  
 
What specific achievements has Thailand had with the implementation of the "Thailand 4.0 " policy 
and what are the aspects to intervene in the short and medium term?  
 
Answer:  
 
Towards the realization of the Thai land 4.0 policy, Thailand has established a long -term strategy 
that is in line with the 20 -year National Strategy and the Sustainable Development Goals (SDGs) 
with measures that encourage further adoption of creativity, innovation, and digital technologies  as 
follows.  
 
To mobilize the MSMEs towards Thailand 4.0, a wide range of policies are implemented, such as 
providing enterprises with education and consultation on approaches to improve their production 
systems by using technology and innovation to increa se productivity and manufacturing efficiency 
and fostering cooperation among local entrepreneurs and community in mitigating the 
environmental impacts of industries. Additionally, enhancing financial access for the SMEs in 
targeted sectors is also crucial for strengthening their capacity and increasing the likelihood of 
business expansion. Thus, the USD 571.42 million Pracharath SME Development Fund, under the 
Ministry of Finance 's Working Capital Fund Act of 2015, was launched to support businesses in 
technology -related and clean industries.  
 
Moreover, development of Eastern Economic Corridor or EEC is also part of the Thailand 4.0 policy. 
The EEC is an area -based development initiative with a clear regulatory and governance structure, 
located on the 3 East ern provinces, namely Rayong, Chonburi, and Chachoengsao. The EEC 
Development Plan aims at advancing physical and digital infrastructure, creating smart cities and 
financial hubs, and most importantly promoting investment in technology - and innovation -driven 
industries and human capital with future -ready skills. The Eastern Special Development Zone Act 
B.E. 2561 (2018) is specifically designed to attract foreign investment in S -curve and New S -curve 
industries as well as the Bio -Circular -Green (BCG) Economy  projects.  
 
Responding to the need to develop a healthy digital ecosystem and rising demand for highly skilled 
workers, particularly with the arrival of new S -curve industries in line with the government 's Thailand 
4.0 policy, the Ministry of Labour of Thailand has partnered with several technology firms to enhance 
Thai workforce nationwide increasing their potential to reach more employment opportunities and 
building sustainable economy through greater digital skills and knowledge. For instance, in 2021 , 
Microsoft, tog ether with the Department of Skill Development, aims to supply an additional 
200 in-depth learning modules in English from Microsoft Learn to enhance Thai workforce 's skills 
and knowledge. Furthermore, Ministry of Labour has also establishe d a collaborative platform with 
Huawei to develop a well -trained workforce to the labor market and boost the growing digital 
economy. Both parties also target to train and certify 120 ICT trainers and 3,000  skilled workers 
through ICT courses during 2020 -2022. 
 
Question 14:  
 
Are there Red Carpet or investment attraction strategies in Thailand for the telecommunications 
sector? If yes, what are they?  
 WT/TPR/M/ 400/Add. 2 
 
- 9 - 
 
 Answer:  
 
To facilitate the growth in Thailand 's digital industry, the Thailand Board of Investment currently 
offers tax and non -tax incentives for projects on digital services related to advanced technology with 
the capability of connecting internet network on telecommunication sector under the activity of 
international high -speed marine communication c ircuits. However, investo r must obtain a services 
provider licen ce for international high -speed marine communication circuits from the Office of the 
National Broadcasting and Telecommunications Commissions (NBTC) before applying for the 
promotion.  
 
Question s 15: 
 
Within the framework of the new laws and regulations, have standards been contemplated, analy sed 
and/or approved that include technologies of the 4th Industrial Revolution or emerging technologies? 
What are they?  
 
Answer:  
 
It is under the co nsideration of the Digital Council of Thailand. However, at present, there is no law 
or regulation related to the 4th Industrial Revolution technologies or emerging technologies.  
 
__________