S/C/N/860  
 
19 February 2016  
(16-1043)  Page: 1/8  
Council for Trade in Services  Original: English  
 
NOTIFICATION OF THAILAND'S PREFEREN TIAL TREATMENT TO SERVICES AND  
SERVICE SUPPLIERS OF LE AST DEVELOPED COUNTRIES 
 
The following notification from the delegation of Thailand, dated 17 February 2016, is being 
circulated to the Members of the Council for Trade in Services.  
 
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Thailand intends to make available to services and services suppliers of least-developed country 
Members in accordance with the decision by Mini sters at the WTO’s Eighth Ministerial Conference 
on Preferential Treatment to Services and Se rvice Suppliers of Least-Developed Countries 
(WT/L/847), and the decision by Ministers at the WTO’s Ninth Ministerial Conference on 
Operationalization of the Waiver Concerning Pr eferential Treatment to Services and Services 
Suppliers of Least-Developed Countries (WT/L/918). 
 
The preferential treatment is made in sectors an d modes of supply in response to a request by 
least-developed country Members which is subject to relevant laws and regulations of Thailand. This preference will remain in effect until the end of the waiver period.  
 
 
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- 2 - THAILAND – SCHEDULE OF  SPECIFIC COMMITMENTS 
 
Modes of supply:  1) Cross-bord er supply    2) Consumption abroad  3) Commer cial presence 4) Presen ce of natural persons  
Sector or Sub-sector Limitations on Market  Access Limitations on National Treatment Additional 
Commitments 
I. HORIZONTAL COMMITMENTS  
ALL SECTORS INCLUDED IN 
THIS SCHEDULE 3) Only a limited liability company incorporated and 
registered in Thailand pursuant to Thai laws and regulations is permitted.  
 
Other than additionally indicated  or otherwise 
specified  in the specific commitments, the limited liability company in sectors or sub-sectors in this schedule shall meet the following conditions:  
a.  foreign equity participation must not exceed 
49 per cent of the registered capital;  
b.  the number of foreign shareholders must be 
less than half of the total number of shareholders; and 
c.  the power to name a majority of its 
directors or otherwise to legally direct its 
actions must be exercised by Thai national. 
 3)  Unbound  
 4) Other than additionally indicated  or otherwise 
specified  in the specific commitments, temporary movement of natural persons of least-developed country Member is unbound except in the following categories:  4)  Unbound 
 
 a.  Business Visitor: 
A natural person seeking to enter or stay in the 
territory of Thailand temporarily, whose remuneration and financial support for the duration of the visit is derive d from outside Thailand; 
  
  
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- 3 - Modes of supply:  1) Cross-bord er supply    2) Consumption abroad  3) Commer cial presence 4) Presen ce of natural persons  
Sector or Sub-sector Limitations on Market  Access Limitations on National Treatment Additional 
Commitments 
 (i)  as a representative of a goods 
seller/service supplier, for the purpose of negotiating the sale of goods or supply of services or entering into agreements to sell goods or supply services for that goods seller/service supplier, where such negotiations do not involve direct sale of goods or supply of services to the general public; 
(ii) as an employee of a juridical person of 
least-developed countr y Member only for 
the purpose of establishing an investment or setting up a commercial presence in 
the territory of Thailand;  
 
 (iii) for the purpose of participating in  
business negotiations  or meetings; or 
(iv)  for the purpose of establishing an 
investment or setting up a commercial presence in the territory of Thailand.  
  
 
 Duration of stay: 
Entry and temporary stay for a period not exceeding 
ninety (90) days shall be granted, when applied for, to a business visitor;  
 
  
b.  Intra-corporate Transferee: 
A natural person who is an employee of a juridical 
person established in the territory of least-developed country Member, who is tr ansferred temporarily for 
the supply of a service through commercial presence (either through a represen tative office, branch, 
subsidiary or affiliate) in the territory of Thailand,  and who has been an empl oyee of that juridical 
person for a period not less than one (1) year immediately preceding the date of his/her 
application for admission, and who is: 
  
  
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- 4 - Modes of supply:  1) Cross-bord er supply    2) Consumption abroad  3) Commer cial presence 4) Presen ce of natural persons  
Sector or Sub-sector Limitations on Market  Access Limitations on National Treatment Additional 
Commitments 
 (i) an executive:  
a natural person within the organisation who primarily directs the management of the organisation and exercises wide latitude in decision making and receives 
only general supervision or direction from higher level executives, the board of directors, or stockholders of the business; an executive would not directly perform tasks related to the actual provision of the service or services of the organisation;
 
   
 (ii) a manager:  
a natural person within the organisation who primarily directs the organisation/department/subdivision and exercises supervisory and control 
functions over other supervisory, 
managerial or professional staff; does not include a first-line supervisor unless employees supervised are professionals; does not include an employee who primarily perform tasks necessary for the provision of the service; or   
 
 (iii) a specialist: 
 a natural person within the organisation 
who possesses knowledge at an advanced level of expertise essential to the establishment/provision of the service and/or possesses pr oprietary knowledge 
of the organisation’s service, research equipment, techniques or management; may include, but is not limited to, members of a licensed profession. 
    
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- 5 - Modes of supply:  1) Cross-bord er supply    2) Consumption abroad  3) Commer cial presence 4) Presen ce of natural persons  
Sector or Sub-sector Limitations on Market  Access Limitations on National Treatment Additional 
Commitments 
 Duration of stay: 
1. Entry and temporary stay for an initial period 
not exceeding one (1) year shall be granted, when applied for, to an intra-corporate transferee.  
2. Such temporary stay may be extended for a 
further three (3) terms of not more than one (1) year each.   
 
 4) Presence of natu ral persons of least-
developed country Member  shall not include any 
type or category of foreign natural persons 
prohibited or not allowed by the Working of Alien Act 
B.E. 2551 (2008), the Immigration Act B.E. 2522 (1979) or by other relevant laws and regulations.  Presence of natural persons of least-developed country Member shall meet the criteria and requirements stipulated by the Working of Alien Act 
B.E. 2551 (2008), the Immigration Act B.E. 2522 (1979) or by other relevant laws and regulations.   
 
 3), 4) A natural person of least-developed country 
Member or a limited liability company shall obtain a license or permission in any sector or subsector 
where it is required by a specific law or regulation.  A natural person of least- developed country Member 
or a limited liability company who receives other special privileges or incentives from Thai authorities to supply services may not claim benefits under this 
Schedule.   3), 4) The Land Code of Thailand B.E. 2497 (1954) 
and any relevant laws and regulations shall apply to 
acquisition and usage of land of a natural person of least-developed country Member or a limited liability company.   
  
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- 6 -  
Modes of supply:  1) Cross-bord er supply    2) Consumption abroad  3) Commer cial presence 4) Presen ce of natural persons  
Sector or Subsector 
 Limitations on Market Access Limitations on National Treatment 
II. SECTOR SPECIFIC COMMITMENTS  
1. Camping and camp site services 
 (CPC 64195)   1) Unbound 
2) None 3) As indicated in the horizontal  - Services must be operated only:  (i) in the private area solely owned by a Thai  
  national; and  
 (ii) outside the area of national parks and protected 
  areas as specified by relevant laws and   
  regulations.  
4) As indicated in the horizontal section  1)  Unbound 
2)  None 3)  Unbound 
       
4)  Unbound 
2. Theme parks and amusement parks 
 (CPC 96194) 
 1) Unbound 
2) None 3) As indicated in the horizontal section  - Services must be operated only in the private  
  area solely owned by a Thai national. 
4) As indicated in the horizontal section  1)  Unbound 
2)  None 3)  Unbound  
 
4)  Unbound 
3. Foreign language tuition services 
 (CPC 92900) 1) Unbound 
2) None 3) As indicated in the horizontal section  
 - At least half of its director(s), and if applicable its 
  managing director, must be Thai national. 
 - The criteria and requirement stipulated in the  
  Private School Act B.E. 2550 (2007) and its  
  amendments shall be met.  
4) Unbound  
 1)  Unbound 
2)  None 3)  Unbound 
      4)  Unbound  
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- 7 - Modes of supply:  1) Cross-bord er supply    2) Consumption abroad  3) Commer cial presence 4) Presen ce of natural persons  
Sector or Subsector 
 Limitations on Market Access Limitations on National Treatment 
4. Holiday center and holiday home services 
 (CPC 64192)  
 1) Unbound 
2) None 3) As indicated in the horizontal section   - Services must be operated only:   (i) in the private area solely owned by a Thai 
  national; and  
 (ii) outside the area of national parks and  
  protected areas as specified by relevant    laws and regulations.  
4) As indicated in the horizontal section   1)  Unbound 
2)  None 3)  Unbound 
       
4)  Unbound 
5. Maritime agency services  (as defined below - 3.2)   1) Unbound  
2) None 3) As indicated in the horizontal section 4) As indicated in the horizontal section   1)  Unbound  
2)  None 3)  Unbound 4)  Unbound 
6. Maritime cargo handling  (as defined below - 3.1)  
 1) Unbound 
2) None 
3) As indicated in the horizontal section  
 Supplying of services in an area under jurisdiction of 
 the Port Authority of Thailand is subject to certain  conditions set up by the Ministerial Regulations  issued under the Port Authority of Thailand Act B.E.  2494 (1951).  
4) As indicated in the horizontal section   1)  Unbound 
2)  None 
3)  Unbound 
     
4)  Unbound  
 
 
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- 8 - 
 
  NOTE TO THE MARITIME TRANSPORT SCHEDULE 
 
1. Where road, rail, inland waterways and related auxiliary services are not otherwise fully 
covered in this schedule, a multimodal transport operator shall have the ability to rent or lease 
trucks, railway carriages or barges, and rela ted equipment, for the purpose of inland 
forwarding of cargoes, or have access to and us e 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 
the conveyance of its merchandise on a timely basis, including priority over other merchandise which enter the port at a later date. 
 
3. Definitions: 
 
3.1 "Maritime cargo handling services" means any  activity exercised by a  stevedore 
company, including a terminal operator, but not including the direct activities of a docker when 
this workforce is organised independently of the stevedore company or terminal operator. The activities include the organisation and supervision of: 
 
a. the loading/discharging of cargo to/from a ship; 
 
b. the lashing/unlashing of cargo; 
 
c. the reception/delivery and safekeeping of cargoes before shipment or after 
discharge. 
 
3.2 "Maritime agency services" means any activity  consisting of representing as an agent, 
business interests of one or more shipping lines, for the following purposes: 
 
a. marketing and sales of maritime transport and related services, from quotation to 
invoicing, and issuing of bill of lading of the shipping lines; procurement and resale 
of the necessary related services, preparation of documentation, and provision of 
business information;  
b. acting on behalf of the shipping lines organizing the call of a ship or taking over 
cargoes when required. 
  
 
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