WT/TPR/M/400/Add.1  
25 March 2021  
(21-2442) Page: 1/320 
Trade Policy Review Body  
24 and 26 November 2020  Original: English/anglais/inglés  
French/français/francés  
Spanish/espagnol/español  
 
 
  
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  la 
Tailandia .1 
 
 
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/ 400/Add.1  
 
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 Contents  
AUSTRALIA  ................................ ................................ ................................ ......................  3 
BRAZIL  ................................ ................................ ................................ ...........................  16 
BRAZIL – 1ST ADDITIONAL QU ESTIONS  ................................ ................................ ........  18 
BRAZIL – 2ND ADDITIONAL QUESTIONS  ................................ ................................ ....... 21 
CANADA  ................................ ................................ ................................ .........................  28 
CHILE  ................................ ................................ ................................ .............................  45 
CHINA  ................................ ................................ ................................ ............................  56 
CHINA - FOLLOW -UP QUESTIONS  ................................ ................................ ..................  77 
COLOMBIA  ................................ ................................ ................................ .....................  81 
COLOMBIA – 1ST ADDITIONAL QUESTIONS  ................................ ................................ ... 93 
COLOMBIA – 2ND ADDITIONAL QUESTIONS  ................................ ................................ .. 96 
ECUADOR  ................................ ................................ ................................ .....................  100  
EUROPEAN UNION  ................................ ................................ ................................ ....... 106  
HONG KONG, CHINA  ................................ ................................ ................................ ..... 126  
INDIA  ................................ ................................ ................................ ..........................  130  
INDIA – ADDITIONAL QUESTIO NS ................................ ................................ ...............  147  
INDONESIA  ................................ ................................ ................................ ..................  153  
ISRAEL  ................................ ................................ ................................ .........................  158  
JAPAN  ................................ ................................ ................................ ..........................  161  
REPUBLIC OF KOREA  ................................ ................................ ................................ .... 167  
MALAYSIA  ................................ ................................ ................................ ....................  177  
MEXICO  ................................ ................................ ................................ ........................  185  
MYANMAR  ................................ ................................ ................................ ....................  193  
NEW ZEALAND  ................................ ................................ ................................ .............  196  
NORWAY  ................................ ................................ ................................ ......................  201  
PERU  ................................ ................................ ................................ ............................  203  
PHILIPPINES  ................................ ................................ ................................ ...............  206  
RUSSIAN FEDERATION  ................................ ................................ ................................ . 232  
SINGAPORE  ................................ ................................ ................................ ..................  247  
SWITZERLAND  ................................ ................................ ................................ .............  250  
CHINESE TAIPEI  ................................ ................................ ................................ ..........  263  
TURKEY  ................................ ................................ ................................ ........................  272  
TURKEY – ADDITIONAL QUESTIONS  ................................ ................................ ............  275  
UKRAINE  ................................ ................................ ................................ ......................  280  
UNITED KINGDOM  ................................ ................................ ................................ ........  294  
UNITED KINGDOM  – FOLLOW -UP QUESTIONS  ................................ .............................  303  
UNITED STATES  ................................ ................................ ................................ ...........  304  
 
  WT/TPR/M/ 400/Add.1  
 
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 AUSTRALIA  
QUESTIONS REGARDING THE REPORT  BY THE SECRETARIAT - WT/TPR/S/400  
SUMMARY  
Page 10, Paragraph 15  
The report states that, since 2015, Thailand has developed 743 new standards, of which 32 are 
mandatory. The share of national standards that are identical or similar to international standards 
is 37.4%.  
Question  1 
What measures is Thailand taking to increase awareness, recognition and alignment  with 
international standards?   
Answer  
The Thai Industrial Standards Institute (TISI), as the national standards body, is a full member of 
the International Organization for Standardization (ISO) and the International Electrotechnical 
Commission (IEC) in o rder to participate in the development of international standards and to ensure 
conformity and harmonization between Thai national standards and international standards. 
80 national mirror committees particip ate in ISO and IEC standard dev elopment and a nu mber of 
international standards have been adopted as national standards.  
Before regulating voluntary standard as a compulsory standard, public consultation will be held to 
welcome comments from stakeholders.  
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment Regime  
Page  45, Paragraph 2.44 
The report states that the authorities ' objective is to promote the role of Thailand as an international 
business hub. The number of licence applications approved annually during the period under review 
was: 404 in  2015; 352 in 2016; 270 in 2017; 272 in 2018; and 217 in 2019.  
Questions  2 and 3  
Can Thailand provide any data on the total number of total applications in those years?   
Is a breakdown available for applications by sector?   
Answer s 
Statistics of numbers of total application are not available. However, the numbers of licenses and 
certificates issued under the FBA are available at 
https://www.dbd.go.th/dbdweb_en/more _news.php?cid=254 . WT/TPR/M/ 400/Add.1  
 
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 3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.4.2  Import licensing  
Page 59, Paragraph 3.45  
Table 3.8 Products subject to other import requirements, 2020 lists measures for fresh oranges, 
shallots a nd swine offal requiring Importers must be registered with the Department of Foreign Trade 
(DFT) as importers of fresh oranges, and must report the import, possession, export, storage, 
disposal and balance of their products to the DFT every month;  
Question  4 
How do these measures protect public health and how are they administered?  
Answer  
The importers of fresh oranges, shallot and swine offal must be registered as importers of fresh 
orange, shallots or swine offal, report the importation and have t o declare Phytosanitary Certificate 
or Health Certificate for the importation in order to certify that the import products are safe and not 
harm people/public health.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.5  Anti-dumping, countervailing, and safeguard measures  
3.1.5.1  Anti-dumping and countervailing measures  
Page 61, Paragraph 3.47  
The report states that legislation has been amended to clarify issues related to anti -circumvention.  
Question  5 
Could Thailand please outline the factors that are used when assessing if behaviour is circumventing 
measures currently in place, and if they have changed as a result of the fore -mentioned legislative 
amendments? Additionally, what was the rationale for this leg islative clarification ? 
Answer  
The amendment has added a new chapter relating to Anti -Circumvention. To investigate the case, 
there are three  factors that need to be considered : 
1) There is a change in pattern of trade which stems from a practice, process or work for 
which there is insufficient due cause or economic justification other than the imposition 
of the duty.  
2) The remedial effects of the duty are being undermined in terms of the prices and/or 
quantities.  
3) There is evidence of dumping in relation to the normal values previously established or 
evidence of subsidy.  WT/TPR/M/ 400/Add.1  
 
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 Page 62, Paragraph 3.51  
The report discusses the challenges to the determinations of the Committee on Dumping and 
Subsidies for a variety of reasons.  
Question  6 
The last sentence in Paragraph 3.51 suggests that the decision to impose measures also takes into 
account public interest considerations, if this interpretation is correct, could Thailand please outline 
what these public interest considerations are, and how they are assessed?   
Answe r 
A determination to impose any measures shall include the considera tion on the interests of the 
domestic industry, consumer and public interests which differ in each case.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production a nd Trade  
3.3.3  Sanitary and phytosanitary requirements  
Page 85, Paragraph 3.152  
The report noted the relevant legislation for Thailand 's sanitary and phytosanitary regimes includes 
Plant Quarantine Import Regulations on the prevention of the invasion of plant pests and diseases 
from outside the country.  
Question  7 
Could Thailand provide a summary of how it investigates and reports to trading partners on 
detections of emergency plant pests?   
Answer  
The Department of Agriculture (DOA), as the Na tional Plant Protection Organization (NPPO) of 
Thailand, is responsible for the inspection of import plants and plant products come into and across 
plant quarantine stations. This action has been performed by qualified plant quarantine inspectors 
according  to the procedure. If a quarantine pest or any harmful organisms were intercepted, an 
appropriate measure will be selected to reduce pest risks such as destruction, treatment or return 
to its origin. Moreover, the notification of non -compliance, as complie d with ISPM13, including the 
measure that has been taken will be informed to the exporting countries.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.3  Sanitary and phytosanitary requirements  
Page 85, Paragraph 3.153  
The report notes the National Bureau of Agricultural Commodity and Food Standards (ACFS) under 
the Ministry of Agriculture and Cooperatives, is responsible for setting standards for agricultural 
systems, commodity and food items, and accredi ting certification bodies and inspection bodies of 
agricultural commodities and foods; food standard controls; and promoting compliance with 
standards on farms and in food establishments.  WT/TPR/M/ 400/Add.1  
 
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 Question  8 
With the travel restrictions in place due to the COVID -19 pandemic, could Thailand outline 
alternatives to in -country inspections and audits of overseas food manufacturing facilities required 
to assure imported food meets Thailand 's standards?   
Answer  
During COVID -19 pandemic, ACFS has set up remote assessment or virtual site assessment to certify 
certification bodies (CBs) under responsibility. By applied technology such as recording VDO, 
interviewing staff, and collecting document, the remote assessment can do traceability and ensure 
that complied w ith an original on -site assessment because the virtual site assessment is conducted 
base on IAF MD4 – IAF Mandatory Document for The Use of Information and Communication 
Technology for Auditing/Assessment Purposes.  
In case the importation of product under mandatory standard, the inspection is complying with the 
requirement clarified in the mandatory standard.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.3  Sanitary and phytosanitary requirements  
Page 86, Paragraph 3.154  
The report notes 'New SPS regulations are based on an analysis of the risks involved, and draft 
regulations are subject to a public hearing and are notified to the WTO Members for comment before 
being approved by the responsible authority. ' 
Question  9 
Could Thailand provide further assurance it will notify WTO members of draft regulations and make 
risk assessments available as part of consultations, before regulations are approved by the 
responsible authority.   
Answe r 
According to Article 7 "Transparency" regulated that members shall notify changes in their sanitary 
or phytosanitary measures and shall provide information on their sanitary or phytosanitary measures 
in accordance with the provisions of Annex B of the Agreement on the Application of Sanitary and 
Phytosanitary Measures, Thailand usually notifies WTO members of draft regulations and proceeds 
the procedure based on such provision.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.3  Sanitary and phytosanitary requirements  
Page 88, Paragraph 3.164  
Maximum residue limits (MRLs) for food and agricultural products are regulated by the FDA under 
the Ministry of Public Health 's notifications (No. 387 B.E. 2560 (2017) on Food Containing Pesticides 
Residues99, and No. 393 B.E 2561 (2018) on Food Containing Pesticide Residues (No. 2)100). These 
notifications are mandatory standards for both domestic and imported produce and produc ts. 
Additionally, standards (voluntary) for MRLs on crops and agricultural commodities were also 
established by the Ministry of Agriculture and Cooperatives (MOAC):  WT/TPR/M/ 400/Add.1  
 
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 • the Agricultural Standard on Pesticide Residues: Maximum Residue Limits (MRLs: TAS 
9002-2016); and  
• the Agricultural Standard on Pesticide Residues: Extraneous Maximum Residue Limits 
(EMRLs: TAS 9003 -2004).  
Question  10 
Could Thailand share its method of risk assessment underpinning reclassification of certain pesticides 
as type 4 hazardous subs tances resulting in zero tolerance for residue levels in food and agriculture 
products for human consumption, including imports?  
Answer  
The classification of agricultural hazardous substances to be hazardous substance type 4 is based 
on scientific evidenc es of health human risk by using and consuming the residue of hazardous 
substances as well as the negative effect on environment by using the hazardous substances. For 
the level of residues on food and agricultural product, Thailand based on national treat ment has 
equality procedure for both domestic producers and import products.  
The National Hazardous Committee considered all information proposed by members and experts to 
make appropriate decision based on Thailand 's context and philosophy that human health cannot be 
compromised.  
Examples of heal effects are as follows : 
1) Epidemiological study found that high prevalence of necrotising fasciitis among farmers 
in Nong Bua Lumphu, which is associated with the intensive u se of paraquat in 
sugarcane plantations in the area ; 
2) Increasing trend of incident reports of death from paraquat use ; 
3) There is no antidote (specific) to paraquat; paraquat has acute toxicity, etc.  
Therefore, Thailand enacted the Notification of the Ministr y of Industry on List of Hazardous 
Substances (No. 6) B.E. 2563 (2020), Chlorpyrifos, chlorphyrifos -methyl, paraquat, paraquat 
dichloride,  paraquat [bis (methyl sulfate)] or paraquat methosulfate are specified as hazardous 
substance type 4, hence, the prod uction, import, export or having in possession is prohibited since 
1 June 2020.  
In order to comply with the Notification of the Ministry of Industry, the Ministry of Public Health has 
proposed Notification of the Ministry of Public Health regarding Food Co ntaining Pesticide Residues 
(Pesticide Residues in Food) (No. 3).  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6  Competition policy and price regulation  
3.3.6.3  Enforcement  
Page 100, Paragraph 3.211  
The report discusses new administrative penalties and recent TCC findings.  
Among them, 34 claims were related to unfair trade practices, 3 to restrictive agreements, 7 to 
abuse of dominant position, and 1 was in the area of mergers. The TCC concluded 27  cases and 
found violation in one case.  WT/TPR/M/ 400/Add.1  
 
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 Question  11 
Australia notes the Government is working to raise public awareness of competition law. How are 
these efforts progressing, and what is the Government 's assessment of the public awareness of 
competition law curre ntly?  
Answer  
Thailand has developed competition law to promote transparency and fair competition and 
established Office of Trade Competition Commissions (OTCC) as the authorised authority to enforce 
the competition law. Moreover, the Trade Competition Commission has be en developing a 
programme to build the primary target (Business Operator) awareness on Trade Competition Act 
since the beginning of our organisation until now.  
In addition, the OTCC measures number of followers and feedbacks on several platforms, such as 
Facebook, OTCC website, and news websites, after every OTCC event are held or news related to 
our organisation are published. Number of our followers has been increased from time to time until 
now. However, the OTCC still has a limitation of resources, as our organisation is growing and the 
OTCC does not have enough workforce to develop and distribute knowledge on Trade Competition 
Act. Therefore, our long -term plan is to cooperate with major universities in all regions of Thailand 
who provide a course invo lving Trade Competition Act, to be one of OTCC main channel to reach 
public awareness and communicate to business operators or people who might be interested in the 
Trade Competition Act.  
Question  12 
Does Thailand view any particular sectors as a priority sectors?  
Answe r 
We seemingly have priority sectors. In details, we identified the priority products which may have 
anti-competitive conducts in their markets. Please see the list below : 
No. Product/ Service name  No. Product/ Service name  
1 Product – Seeds/Inputs (maize)  2 Service – Online Travel Agency (OTA)  
3 Service – Fresh fruit trading  4 Product – Ice production  
5 Product – Bottled tea (beverage)  6 Product – Feed mills  
7 Product – Functional drinks  8 Product – UHT milk  
9 Product – LED lights  10 Product – Diaper for adults  
11 Product – Sanitary ware  12 Service – e-Market places (e -Commerce)  
13 Service – Food delivery platforms  14 Product – Instant noodle  
15 Product – Seasoning powder (MSG)  16 Product – Chemical fertilizer  
17 Product – Motor bicycles  18 Service – Medical services (Hospital)  
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.3  Agricultural policies  
4.1.3.1  Legal, institutional, and policy framework  
Page 115, Paragraph 4.9  
The report outlines MOAC target to achieve balanced and sustainable management of agricultural 
resources and the environment, including water resource management, conservation and recovery 
of agricultural resources, agricultural area management, adaptation to climate change, and 
international cooperation.  WT/TPR/M/ 400/Add.1  
 
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 Question  13 
Could Thailand outline the principles of its water allocation policy, in particular for agricultural water 
use?   
Answer  
Royal Irrigation Department (RID) has the water management strategies and we have put them in 
order of priority for the following water usage activities:  
1) Water allocation for consumption  
2) Water allocation for preservation of ecology  
3) Water reserve for usage in the beginning of rainy season for consumption and 
preservation of ecology during May to June  
4) Water allocation for agriculture (through participatory irrigation management and 
knowledge sharing basis)  
5) Water allocation for industry . 
Question  14 
Could Thailand provide more information on what is considered balanced and sustainable land 
management?   
Answer  
According to the National Land Policy Committee Act B.E. 2562 (2019) under Section 10 stated that 
the National Land Policy Committee (NLPC) shall have responsibility and authority to administrate 
the national land and soil resource s management. The NLPC Secretariat under Office of Natural 
Resources and Environmental Policy and Planning (ONEP) has launched Policy and Plan for managing 
Nation 's Land and Soil Resources (B.E. 2560 -2579) (2017 -2036) which the main long -term national 
policy framework.  
The objective of the Policy and Plan is to assign the direction of national land and soil resources 
management to be united, integrated, and non -overlapping. Because lands and soil resources are 
basic factors of nation 's producti on in agriculture, industry, and services, for nation 's socio -economic 
development, therefore lands and soil resources shall be managed most efficiently for the utmost 
benefit, and to protect the rest for natural sustainability and balance.  
The Policy and  Plan covers important issues of land and land resource problem solving under the 
principle to balance between mutual benefit and community benefit through participatory process. 
The Policy and Plan consists of four main strategies as follows : 
Strategy 1: Nurture of natural balance, sustainable conservation, and development of lands 
and soil resources  
Strategy 2: Utilisation of lands and soil resources for maximum benefits  
Strategy 3: Fair and inclusive land allocation for disadvantaged people  
Strategy 4: M anagement of lands and soil resource . 
Question  15 
Can Thailand provide information on whether the management and reporting of emissions is to 
feature in their agriculture strategy to adapt to climate change?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Office of Natural Resources and Environmental Policy and Planning (ONEP), as Thailand 's national 
focal point for UNFCCC, is responsible for the preparation of emissions report, officially called national 
greenhous e gas (GHG) inventory, as part of the National Communication (NC) and Bienn ial Update 
Report (BUR) submitted to UNFCCC. The inventory has been utilised by policymakers to develop 
appropriate GHG emissions management or mitigation policy. In terms of adaptation to climate 
change, ONEP has developed a national ada ptation plan (NAP)  which addres s priority sectors 
impacted by climate change including agricultural and food security.  
Question  16 
Can Thailand provide more information how it plans to adapt to climate change as part of the MOAC 
target to achieve balanced and sustainable ma nagement of agricultural resources?  
Answer  
The current government has the idea of developing  the national economy by using an economic 
model called the "BCG Model", which consists of development of 3 economies: Bio Economy, Circular 
Economy and Green Econo my.  
Bio economy  is an economic development model that focuses on the use of Biological resources that 
are worthwhile while maintaining the environmental balance. Resources that are produced in the Bio 
economy system must be renewable, reduce dependence on  fossils fuel and reduce greenhouse gas 
emissions.  Circular economy  refers to an economy in which all resources in a production system can 
be restored and recycled. It focuses on maintaining product value while promotes reuse and 
generates the lowest amount of waste.  Also, the Circular economy pay more attention to the 
management of production and consumption waste by bringing raw materials that have been 
manufactured and consumed back into the new production process.  Green Economy  is an economic 
development model that focuses on achieving balanced development in three  areas: economic, social 
and environmental aspects, and emphasizes balanced use of resources. This economic development 
will eventually lead to sustainability and international competitiveness.  
In order to drive Thailand forward in a concrete way, all 3 econo mies must develop at the same 
time. The BCG model is consistent with the Sustainable Development Goals (SDGs) and the 
Sufficiency Economy Philosophy (SEP) principle, which is the driving force of the country. It is an 
economic development model that focuse s on balancing economic growth and sustainability of 
natural resources. By bringing knowledge and advancement of technology and innovation to enhance 
the internal strength of Thailand, namely biodiversity and abundant agricultural products, along with 
adjusting the production system to the cost -effective use of resources. The development of the BCG 
economy consists of combination of two main concepts (the biological economy and the circular 
economy) and make it in line with the concept of green economy.  The Ministry of Agriculture and 
Cooperatives has studied, researched and conveyed environmentally friendly methods to farmer to 
reduce the destruction of quality of environment and production resources. For example:  Preserve 
soil microorganisms and the fertil ity of farmland by not burning stubble in the rice fields; promote 
cutting fresh sugarcane instead of burning during harvesting by providing replacement machinery 
or setting higher purchasing price for non -incineration sugarcane; and Alternative Wetting an d 
Drying or AWD (Grow rice with less water).  
The BCG Model should be linked to the area -based approach in line with the provincial and regional 
agricultural development plans by using area -based biodiversity and the diversity of cultures as a 
driving force . Zoning by agri map will be used as a tool for finding potential areas to reduce 
unnecessary use of inputs, fertilizer, and water, to create a balanced and sustainable management 
of natural resources.  In addition, in the future, BCG should be driven digit ally, by using Big Data and 
AI platforms, to bridge and leverage the BCG 's value chain.  Science, technology and innovation will 
be used to support and upgrade Thai agriculture from traditional agriculture to precision agricultural 
system with the principle s of market driven production to increase the efficiency of resource 
utilization.  WT/TPR/M/ 400/Add.1  
 
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 Question  17 
Can Thailand provide more detail on the types of/or approach to innovation and technology to build 
the capacity of farmers and smart farming?  
Answer  
Ministry of A griculture and Cooperatives pay more attention on agricultural technology policy 4.0 to 
adapt to new technology and innovation. Therefore, Agri -tech and innovation Center (AIC) were 
established in 77 provinces nationwide in order to develop the competitive ness of the agricultural 
sector through the combination of local wisdom and technology.   
AIC was established with a purpose to develop competitiveness in the agricultural sector through 
technology and innovation, to support and promote agricultural technology Innovation Including 
agricultural machinery, to be a farmer incubator training center and supporting Smart Farmer 
including Young Smart Farmer in each province.  AIC pushing forward technology and innovation 
through research, develop ment, investment, processing and commercial management. AIC is also 
a center for farmer service that brings together knowledge on agricultural technology, innovation, 
local wisdom, and agricultural philosophers.  AIC is an integrated work of 6 parties, name ly the 
Ministry of Agriculture and Cooperatives, Ministry of Commerce, Ministry of Industry, Farmers, 
Academic, and Private sectors.  AIC has structure of 1 province, 1 center, managed by provincial 
authority and located at the chosen university. AIC will f ocus on management in collaborative farm, 
and attracting young smart farmers as a driving force to join in enhancing knowledge in e -commerce, 
story and packaging creation, including building a good network step into the age of Agriculture 4.0.  
By combining  the knowledge of local wisdom with technological innovation, research units at the 
university level, to create a new way of developing agriculture both in terms of farmers ' traditional 
knowledge, technology and innovation to help improve quality, increasi ng productivity, and reducing 
costs of production.  
The example of work of AIC:  
1) E-Commerce O2O (offline to online market):  focus on sending agricultural products 
from normal markets or local markets to markets outside the area through an online 
communication system and delivery service.   
2) Start Up/ UniconX : AIC connects Farm Service to drive Start up/Uniconx (new 
businesses).  
3) AIC Channel:  set up a communication channel in the province between the AIC Center 
and farmers to update information and tec hnology.  
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.3  Agricultural policies  
4.1.3.2  Border measures  
Page 117, Paragraph 4.18  
The reports notes a certificate from the Office of the Cane and Sugar Board under the Ministry of 
Industry is required to import cane or sugar.  
Question  18 
Could Thailand outline the process for obtaining a certificate from the Office of the Cane and Sugar 
Board to import sugar?   WT/TPR/M/ 400/Add.1  
 
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 Answer  
The importation of sugar products under the Thailand -Australia Free Trade Agreement (TAFTA) is in 
the process of revising the draft regulations, procedures, and conditions for sugar import.  
4 TRADE POLICIES BY SECTOR  
4.3 Energy  
4.3.1  Introduction  
Page s 128-129, Paragraph 4.60  
The report states that the PDP 2018 -2037 will focus allocating reliable capacities to meet the power 
demand up to 2037.  
Question  19 
Can Thailand provide its forecasts on power demand up to 2037? What percentage of the future 
energy mix will be met by gas?  
Answer  
In the year 2037, Thailand power demand forecast will be 367,458 GWh and the ratio of gas to 
overall  energy mix will be 53 %. 
4 TRADE POLICIES BY SECTOR  
4.3 Energy  
4.3.2  Hydrocarbons  
Page 130, Paragraph 4.65  
The report states that Thailand 's natural gas reserves have generally declined and, in 20 18, it held 
6.83 trillion cubic feet of proven natural gas reserves.  
Question  20 
How long will Thailand 's proven natural gas reserves last at current rates of production?   
Answer  
With reference to Annual Report 2018 of Department of Mineral Fuels, Ministry of Energy, the 
Kingdom of Thailand 's natural gas Proved Reserve was commercially estimated for 6.06 Trillion Cubic 
Feet (TCF) at the year -end of 2018. Under current circumstance, with this amount, it is seemingly 
projected to supply natural gas de mand of the nation for at least five years. Nevertheless, it is 
convinced that there is still more potential to be developed and the natural gas proved reserve can 
extend for longer through further development activities.  
Thus, to strengthen the capability  of long -term securing energy supply, one of the prime policies of 
the Royal Thai Government is still to promote and encourage investors to perform exploration and 
development in upstream business. In this regard, Thailand is now in the process of preparat ion to 
launch a new bidding round for the right to petroleum exploration and production in new areas to 
boost exploration activities for continuous development within the business.  WT/TPR/M/ 400/Add.1  
 
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 4 TRADE POLICIES BY SECTOR  
4.3 Energy  
4.3.2  Hydrocarbons  
Page 131, Paragrap h 4.70  
The report states that Thailand relies increasingly on natural gas imports, which take the form of 
LNG, primarily from Qatar, and pipeline gas from neighbouring offshore fields in Myanmar. In 2015, 
Thailand signed its first long -term contract with Qatar to secure gas supplies. Thailand has an 
extensive natural gas transmission infrastructure, and the national gas pipeline system connects 
onshore and offshore gas fields to gas separation plants, power plants, and industrial users. 
Consu mption of natural gas is primarily driven by electric -power generation, followed by the 
industrial sector, and natural gas processing plants.  
Question  21 
Will Thailand look to diversify its LNG suppliers in the future? What opportunities are there for 
Thailand to consider importing LNG from Australia?   
Answer  
The government does not regulate the LNG market. Therefore, the private sector can import LNG 
from global market.  
QUESTIONS R EGARDING THE REPORT BY THE GOVERNMENT  - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT  
3.1 National Policies towards Structural Reform   
Page 6, Paragraph 3.6  
The 10 targeted industries have been categorized into two groups as "First S -Curve Industries" - the 
upgrading of five existing industries, and "New S -Curve ind ustries" - the development of new high -
technology and innovative industries  
Question  22 
Are there incentives available for foreign investment in these industries?   
Answer  
Yes. Thailand Board of Investment 's investment promotion scheme is on non-discriminatory basis.  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT  
3.1 National Policies towards Structural Reform  
3.1.2  Trade and Business Facilitation  
3.1.2.1  Ease of Doing Business  
Page 8, Paragraph 3.16  
Department of Business Development (DBD) has undertaken several activities in order to put force 
greater ease of doing business for foreign investors as follows :  WT/TPR/M/ 400/Add.1  
 
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 (1) Launching the e -Registration System and currently working on a project to upgrade the system 
with the objective to develop its capacit y… 
Question  23 
We note Thailand has identified a number of efficiencies during COVID -19 that have made doing 
business easier – particularly on issues like e -documentation and e -commerce. What steps will 
Thailand take to retain these efficiencies, which incentivise trade and investment with Thailand, as 
we return to a business -as-usual setting?   
Answer  
We aim to maintain our service and business continuity by encouraging the use of the e -Registration 
system in order to reduce face -to-face services.  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT  
3.1 National Policies towards Structural Reform   
3.1.2  Trade and Business Facilitation  
3.1.2.3  Regulatory guillotine  
Page 8, Paragraph 3.21  
To enhance Thailand 's competitiveness and improve Thailand 's ease of doing business, since 2016 
the Government has initiated the project called "Regulatory Guillotine" by hiring Thailand 
Development Research Institute (TDRI) to review Thailand 's existing laws, rules, and regulations to 
ensure efficiency, as many laws have become redundant, obsolete, or incompatible with current 
situations. The first stage of the project is "Licensing Guillotine", focusing on streamlining the 
complex licensing and permits issuing processes and regulatory procedures to facil itate people and 
businesses.  
Question  24 
Can Thailand provide an update on this project, including any specific outcomes that relate to 
improving Thailand 's regulatory environment?  
Answer  
The Government has given approval to the revised National Reform Pl an wherein the “Regulatory 
Guillotine” project has been highlighted as one of the key reform areas to be achieved by the year 
2022, with the Strategic Transformation Office (STO) and Office of Public Sector Development 
Commission (OPDC) as the main steerin g agencies. At this stage, Thailand Development Research 
Institute (TDRI), which had been commissioned by the Government, has submitted findings to STO, 
identifying a total 1,094 licensing processes in several business sectors, including inter alia  SMEs, 
service providers, real estate, tourism, and international trade, which could be reviewed. These 
findings have been circulated to all agencies concerned. Agencies are expected to take action based 
on findings in this study. They may seek guidance and consul tation from STO and OPDC. One 
example of a specific outcome relating to Thailand 's regulatory environment is the facilitation of 
movement of foreign nationals residing in Thailand by streamlining declaration of stay requirements.  
Question  25 
Can Thailand provide an update on progress to meet its commitments under TAFTA in relation to 
maize and sugar imports?   WT/TPR/M/ 400/Add.1  
 
- 15 - 
 
 Answer  
The Ministry of Commerce issued the legal enactment on the importation of maize under TAFTA that 
will be effective on 1 January 2021. For sugar, the relevant agency is considering the draft regulation 
for the importation of sugar under TAFTA.   WT/TPR/M/ 400/Add.1  
 
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 BRAZIL  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT  - WT/TPR/ S/400  
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
Page 120 , Para graphs  4.29 and 4.32  
According to the Secretariat Report, the Bank for Agriculture and Agricultural Cooperatives has been 
providing input subsidies to farmers. This has been confirmed by Thailand in its response to 
questions posed by Brazil in the Comm ittee on Agriculture (CoA). In addition, Thailand has provided 
product -specific support to sugarcane since 2009, and some of the programmes that have already 
been notified are expected to expire in 2020. In light of the above, could Thailand provide the 
following information:  
Questions  
Could Thailand provide a complete list with the legislation enacting the "Input Support Scheme for 
Cane Growers " and the "Support to improve environment Cane Growers ", both mentioned by 
Thailand in its answers to the Q&A in t he CoA?  
Aside from the two abovementioned programmes, has Thailand enacted any other product -specific 
domestic support programmes directed at sugarcane or sugar producers since its last notification, 
which covered the 2014 -2016 period?  If so, could Thailan d provide a list of the legislation enacting 
those programmes?  
Answer  
Thailand confirms the answers that was submitted in the CoA meeting as follows:  
1) The Cabinet has approved the assistant measures for cane growers in two schemes:   
- Input Support Scheme for cane growers: The Cabinet approved 6.5 billion Baht 
budgetary outlay for the scheme. The support provides a payment of 85 Baht per ton 
for cane growers who sell their canes to domestic sugar factories (at a maximum of 
5,000 tonnes per household) . This scheme aims to help cane growers to access 
agricultural facilities such as fertilizers, seeds, pesticides and tools, as most cane 
growers in Thailand are low -income people whose crops were affected by droughts. 
Cane growers who have registered with the Office of Canes and Sugar Board and signed 
contract with sugar millers will receive these payments.  
- Support to improve environment: Cane growers in Thailand sometimes burn their sugar 
canes before cultivation for ease of harvesting. The sugar cane burn ing has caused 
pollution and hazardous dust of PM 2.5 in many provinces across Thailand. In order to 
reduce PM 2.5, the government approved 3.5 billion Baht budgetary outlay for the 
scheme. The support programme provides a payment of 92 Baht per ton for ca ne 
growers if they do not burn their canes. This scheme aims to reduce sugar cane burning 
before cultivation, which will help to improve environment and protect human health 
from PM 2.5 as a result. The Cabinet approval can find at  http://www.cabinet.soc.g o.th/ 
2) Since 19 November 2007, the Cabinet approved the government budget of 
450 Million  Baht to subsidize the Cane and Sugar Fund 's liabilities from the Bank for 
Agriculture and Agricultural Cooperatives ' loan. The payment started in 2009 and will 
be expired by the end of 2020  
3) The Ministry of Commerce is collecting information from the relevant authorities. Once 
we received all information, we will notify to the CoA.  WT/TPR/M/ 400/Add.1  
 
- 17 - 
 
 Question  
Does Thailand plan to noti fy any domestic support policies directed at sugarcane or sugar producers 
under article 6 of the AoA?  If so, could Thailand provide details on these policies (e.g. under which 
paragraph of Article 6 will the policy be notified)?  
Answer  
Thailand confirms the answers that was submitted in the CoA meeting as follows:  
1) The Cabinet has approved the assistant measures for cane growers in two schemes:   
- Input Support Scheme for cane growers: The Cabinet approved 6.5 billion Baht 
budgetary outlay for th e scheme. The support provides a payment of 85 Baht per ton 
for cane growers who sell their canes to domestic sugar factories (at a maximum of 
5,000 tonnes per household). This scheme aims to help cane growers to access 
agricultural facilities such as fert ilizers, seeds, pesticides and tools, as most cane 
growers in Thailand are low -income people whose crops were affected by droughts. 
Cane growers who have registered with the Office of Canes and Sugar Board and signed 
contract with sugar millers will receiv e these payments.  
- Support to improve environment: Cane growers in Thailand sometimes burn their sugar 
canes before cultivation for ease of harvesting. The sugar cane burning has caused 
pollution and hazardous dust of PM 2.5 in many provinces across Thailan d. In order to 
reduce PM 2.5, the government approved 3.5 billion Baht budgetary outlay for the 
scheme. The support programme provides a payment of 92 Baht per ton for cane 
growers if they do not burn their canes. This scheme aims to reduce sugar cane burn ing 
before cultivation, which will help to improve environment and protect human health 
from PM 2.5 as a result. The Cabinet approval can find at  http://www.cabinet.soc.go.th/  
2) Since 19 November 2007, the Cabinet approved the government budget of 
450 million Baht to subsidize the Cane and Sugar Fund 's liabilities from the Bank for 
Agriculture and Agricultural Cooperatives ' loan. The payment started in 2009 and will 
be expired by the end of 2020  
3) The Ministry of Commerce is collecting information from th e relevant authorities. Once 
we received all information, we will notify to the COA.  
 
  WT/TPR/M/ 400/Add.1  
 
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 BRAZIL – 1ST ADDITIONAL QUESTIONS  
QUESTIONS REGARDING THE REPORT  BY THE  SECRETARIAT  – WT/TPR/S/400  
2 TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES  
Page s 116-117, Paragraph 4.16 
Brazil notes that more than a quarter of Thailand 's tariffs are non -ad valorem .  
Question  
Is Thailand currently evaluating the possibility of replacing these tariffs by their ad valorem  
equivalent?  
Answer  
At present, The Royal Thai Government has no plan to replace non -ad valorem  tariffs by their 
ad valorem  equivalent.  
Question  
What was the average, the maximum and the minimum applied tariff for the tariff lines subjected 
to non -ad valorem  duties between 2017 and 2019?  
Answer 
The average, the maximum and the minimum applied tariff for the tariff lines subjected to 
non-ad valorem duties  between 2017 and 2019 are summarised in the table below:  
Unit name No. of tariff l ines Applied  tariff (Baht per unit) 
Average  Maximum  Minimum  
Kilogramme  737 12.20  0.001  100.00  
Litre 95 4.15 0.01 80.00  
Litre (of solid goods in kilogramme)  49 2.08 0.02 7.00 
Metre  1 0.50 0.50 0.50 
Gross  1 2.00 2.00 2.00 
Page s 119-120, Paragraphs 4.30-4.31 
The Secretariat 's ability to report on Thailand 's domestic support policies has been hampered by the 
lack of DS:1 notification. Members have also been curtailed on their capacity to evaluate Thailand 's 
compliance with its obligations as established in the AoA and its schedule of conce ssion by the same 
reason.  Considering that the current TPR provides an opportunity for a broader dialogue between 
Members, could Thailand provide answers for the following questions:  
Questions  
When will Thailand notify its Domestic Support outlays regardin g years 2017 -2019 to the CoA?  
How much has Thailand spent on its agricultural sector in the form of input subsidies from 
2017-2019?  
Answer s 
The Ministry of Commerce is collecting information from the relevant authorities. Once we received 
all information, we will notify to the C oA. 
Question  
Why there was no input subsidy granted during 2015?  WT/TPR/M/ 400/Add.1  
 
- 19 - 
 
 Answer  
Because 2015 was the transitional period to the new government . 
Question  
What are the eligibility criteria for input subsidies in the form of loans from the BAAC? Is it defined 
by which legislation?  
Answer  
The qualifications for BAAC loan applicants has been set in the Bank for Agriculture and Agricultural 
Cooperatives Regulations 44 (for farmers) and 45 (for individuals), which are under the Royal Thai 
Govern ment Act. The qualifications are shown as the following.  
For farmer : 
1) The applicant must be farmer.  
2) The applicant must be of legal age.  
3) The applicant must have Thai nationality.  
4) The applicant must have sufficient expertise or have received training in agric ulture.  
5) The applicant must have residence and occupation of his or her agriculture in the 
operating area of the branch for which he or she has applied for registration as a branch 
customer for at least one consecutive year.  
6) The applicant is the one who gen erates agricultural production for sale or has other 
income in a given year of value.  
7) The applicant has a good reputation, be honest, diligent and thrifty person.  
8) The applicant is not a maniac or has mental infirmity  
9) The applicant is not being a bankrupt or an insolvent person.  
10) The applicant has never been terminated as a loan customer before.  
For individual : 
1) The applicant must have Thai nationality.  
2) The applicant must be of legal age.  
3) The applicant must have sufficient expertise or have received training in industry, 
commerce or service profession.  
4) The applicant must have residence and occupation of his or her agriculture in the 
operating area of the branch for which he or she has applied for registration as a branch 
customer for at least  one consecutive year.  
5) The applicant is the one who has an occupational income in a given year of value.  
6) The applicant has a good reputation, be honest, diligent and thrifty person.  
7) The applicant is not a maniac or has mental infirmity  
8) The applicant is not  being a bankrupt or an insolvent person.  
9) The applicant has never been terminated as a loan customer before.  
Question  
What are the interest rates for loans from the BAAC for the acquisition of input subsidies? Is there 
a difference between commodities? Ho w do they relate to market interest rates?  
Answe r 
BAAC has used the floating rate which is based on the Bank of Thailand 's interest rate. In details, 
the Minimum  Retail Rate (MRR) has been set for farmers and individual customers ' standard loan 
interest, w hile the Minimum  Loan Rate (MLR) has been set for group or corporate customers ' 
standard loan interest. All customers will be determined the risk rate according to the type of 
borrower .  WT/TPR/M/ 400/Add.1  
 
- 20 - 
 
 Page s 118-119, Paragraph 4.22 
As recalled in the Secretariat 's report, in November 2019, Brazil raised a specific trade concern (STC) 
on the SPS Committee regarding Thailand 's approval procedures for imports of pork, because Brazil 
had not received the questionnaire that it needs to answer in order for T hailand 's authorities to 
initiate the risk analysis procedures. Since then, there has not been any update on the process, 
which began in 2016.  
Questions  
Has there been any consideration by the committee on market access of animals and animal products 
about  Brazil request to start exporting pork to Thailand?  
When will the Department of Livestock Development (DLD) send the questionnaires for the 
assessment of animal health and public health controls as well as Brazil 's veterinary services?  
How long does the p rocess described on G/SPS/N/THA/243 and G/SPS/N/THA/244 usually take?  
Answers  
The request to export pork to Thailand by Brazil is still in process of Market Access (MA) committee. 
The questionnaire will be distributed to Brazil after the MA process is done . The process of 
G/SPS/N/THA/243 and G/SPS/N/THA/244 is case by case basis. It depends on various factors such 
as time to spend for answering questionnaires and providing additional information when committee 
requests.  
  WT/TPR/M/ 400/Add.1  
 
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 BRAZIL – 2ND ADDITIONAL QUESTIONS  
QUESTIONS REGARDING THE REPORT  BY THE SECRETARIAT  – WT/TPR/S/400  
2 TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES  
Page 8 , Paragraph 3 
During 2020, the difficulties facing the Thai economy have been exacerbated by the adverse impact 
of the COVID -19 pandemic.  The contraction of global trade has severely affected Thai merchandise 
exports and disrupted global supply chains, including in the automobile sector, which is one of 
Thailand 's main industries.  
Question  
What were the main channels through which the COVID-19 pandemic shock impacted the Thai 
economy?   
Answer  
The Thai economic has been affected through two main channels: (1) the export of goods which 
effected by the slump in global demand and the supply chain disruption due to the pandemic, and 
(2) revenue from foreign tourists due to the international travel restriction measure.  
Question  
What were the main  Global/Regional Supply Chains (GSCs or RSCs) in which the Thai economy takes 
part disrupted by the COVID -19 pandemic shock?   
Answer  
The main COVID -19 disrupted Global/Regional Supply Chains (GSCs or RSCs) involving Thai 
economy are such as Aviation, Transportation, Tourism and Hospitality due to a steep decline in 
overall demand and changes in consumer behavio urs pattern.  
Question  
Is there any econometric simulation of the impact of the COVID -19 pandemic shock on the Thai 
economy in terms of  sectors/products and export/import of goods and services - for instance, using 
Computable General Equilibrium (CGE) models? If so, under which hypotheses have the simulations 
been run?   
Answer  
The key assumption to estimate the impact of pandemic on the T hai economy is the contraction of 
the export of goods and services. A magnitude of this negative shock is consequential assumption 
for the projection.  
Page 8 , Paragraph 5 
Thailand 's two -way trade in goods and services represented 110% of GDP in 2019, reflecting the 
country 's outward -orientation and integration into global value chains. Thailand 's international trade 
flows show the growing importance of China and ASEAN as its main regional markets and suppliers, 
although the United States, the European Union and Japan are still among its top trading partners.  
Question  
Has the Thai economy upgraded its relative position in terms of backward and forward linkages 
within GSCs or RSCs during the review period?   WT/TPR/M/ 400/Add.1  
 
- 22 - 
 
 Answer  
Thai economy has maintained position on "downstream " ends of the value chains as Thailand 's 
backward GVC participation rate is greater that its forward GVC participation rate. According to the 
2015 OECD 's Trade in Value Added (TiVA) database, Thailand 's backward participation rates were 
36% and 33.6% in 2010 and 2015 respectively, whereas the forward participation rate were 14.9% 
and 13.8% in 2010 and 2015 respectively.  
Thailand will focus on joining bilateral and multinational trade agreements to decrease trade barriers 
and strengthen cooperati on between countries, especially with ASEAN, in order to make ASEAN to 
be a center of global supply chains.  
Page 14 , Paragraph 1.7 
The COVID -19 outbreak, which hit Thailand in early 2020, has had an adverse impact on the 
economy due to a sharp decrease in external and domestic demand. The contraction of global trade 
has severely affected Thai merchandise exports and disrupted global supply chains, including the 
automobile sector, which is one of Thailand 's main industries.  
Question  
Do the Thai a uthorities envisage any change in its pattern of trade integration as a result of the 
adverse and potentially lasting impact of the COVID -19 pandemic on GSCs or RSCs?  
Answer  
COVID -19 pandemic highlighted the vulnerability of the current Global Supply Chai ns (GSCs), that 
is, relying on few production locations or countries. In the future, the GSCs thereby has a tendency 
to become more regionalized as countries try to diversify risks and increase resiliency of their regions 
(such as America and Asia) to futu re shocks. As a result, regional trade integration will become more 
important to spur connectivity, trade and production and develop strong, more resilient Regional 
Supply Chains (RSCs).  
Page 16 , Paragraph  1.12 
In 2019, the Thai economy entered a downturn,  with real GDP growing by 2.4%, the weakest pace 
in the past five years. This reflected both the prevailing global slowdown and international trade 
tensions, which affected Thai merchandise exports, especially electronic products.  
Question  
Through which s pecific sectors/products have the trade tensions between the US and China affected 
the Thai economy?  
Answer  
US-China trade tensions has affected Thai economy through sectors that highly linked to Chinese 
supply chains, especially computers and electronics. Trade tension coupled with changes in 
technology has caused Thai exports and subsequently domestic production of computers and 
electronics to contract by 7.2 % last year. However, its export has begun to show sign of recovery 
as it expanded sli ghtly by 1.1 % in the first nine months of this year.  
Page 24 , Paragraph 1.37 
During the first two months of 2020, largely as a result of the COVID -19 outbreak, the baht 
depreciated by about 5% against the US dollar, following a similar trend to other emerging economy 
currencies around the world, affected by heightened volatility in international financial markets. The 
baht also depreciated against regional currencies, as reflected in the decline in the NEER and the 
REER since the beginning of 2020.  WT/TPR/M/ 400/Add.1  
 
- 23 - 
 
 Question  
Does the BOT set any formal or informal rule to the baht 's real effective exchange rate (REER) value 
against other regional currencies - the ASEAN countries, more specifically?  
Answer  
Under managed -float exchange rate regime, BOT does not target a fi xed level of the exchange rate. 
The intervention framework is focused on curbing short -term volatility, while keeping the exchange 
rate aligned with economic fundamentals in the medium and long term.  
Question  
In setting monetary policy, does the BOT take into account the potential impact of its interest -rate 
decision on its regional peers - the ASEAN partners, more specifically?   
Answer  
The Monetary Policy Committee considers potential impacts of its interest -rate decision on the 
domestic and external  fronts. However, global factors have played a much larger part influencing 
exchange rate and capital flow movements for small open economies.   
Page 136 , Paragraph 4.96 
During the review period, Thailand was engaged in the implementation of the third phase  of the 
Financial Sector Master Plan (FSMP III), covering the years 2016 -20. The FSMP III promotes a more 
"competitive, inclusive, connected and sustainable" financial sector in Thailand. To this end, it 
focuses on the following strategic objectives: (i) t o promote electronic financial and payment 
services, and the efficiency of the financial system; (ii) to promote greater financial services access 
for individuals and businesses of all sizes; (iii) to enhance the capacity of the financial system to 
support  economic and financial integration under the ASEAN Economic Community and with other 
countries in the region; and (iv) to develop the financial infrastructure (including the legal 
infrastructure to enhance risk management, and to support financial innovat ion) so that the financial 
system remains robust, in compliance with international standards, and able to support the country 's 
economic growth.  
Question  
What are the regional financial institutions and services (both formal and informal) which best reflect 
the growing regional financial integration of Thailand into ASEAN?   
Answer  
ASEAN economies have become more interconnected through regional integration. The role of 
financial institutions, particularly banks from ASEAN countries, together with nece ssary financing, 
such as, credit, payments for imports and exports, will definitely serve as the backbone of regional 
economic growth. Intra -regional loans and cross -border payments have been growing, thereby, 
reflecting its relevance. Also, this is in lin e with the Financial Sector Master Plan (FSMP III), the role 
of ASEAN banks will become more important in terms of supporting cross -border trade and 
investment arising from regional economic integration. This results in a regional initiative to further 
liberalize the banking sector in the region through establishment of "Qualified ASEAN Banks" (QABs). 
More information can be found in the secretariat report Paragraph  4.112  
Thailand concluded QABs negotiations with Malaysia and inscribed market access commitm ents in 
the Eighth Package of Commitment on Financial Services (8th Package) of the ASEAN Framework 
Agreement on Services (AFAS). Apart from bilateral negotiations, Thai commercial banks also 
pursued business opportunities abroad by obtaining a license or through merger and acquisitions, 
particularly in ASEAN countries.  WT/TPR/M/ 400/Add.1  
 
- 24 - 
 
 Page s 155-156, Paragraph 4.202  
As with the aviation industry, the COVID -19 pandemic struck the tourism sector. From January to 
May 2020, 6.69 million international tourists arrived in Thaila nd (an almost 60% decrease from the 
same period last year); and tourism receipts were USD 11.1 billion, compared to USD 27.4 billion in 
the same period last year. The authorities noted that the subsectors having the most adverse impact 
were hotels, and rec reation activities industries.  
Question  
What were the main sectors directly and indirectly affected by international tourism restrictions in 
Thailand?  
Answer  
The main sectors that affect from the international tourism restrictions are definitely tourism -related 
sectors, for instance, the airline business, hotel and rest aurant sector, food and beverage busines ses 
(especially that rely heavily on foreign customers), service sector such as a traditional Thai massage 
business. As of September 2020, th e incomes from tourism in Thailand reduced 70.57% from last 
year at the total value of 0.65 trillion Baht, the hotel occupancy rate was at a low level at 27.93%. 
However, there are sectors that have indirect impacts of the international tourism restriction s, which 
are the sectors that involve with a reduction of both foreign and domestic consumptions, for instance, 
energy businesses, agricultural businesses as well as manufacturing industries. This could result in 
a surge in unemployment rate from redu cing production capacity of industries and might cause 
negative impacts to the Banking sectors through higher NPLs from busines ses. 
Question  
What are the alternative sources of income for those workers that are directly or indirectly affected 
by the internation al tourism restrictions shock?  
Answer  
The alternative incomes might come from new busines ses started during the C OVID -19 pandemic, 
for instance, trading goods via online channel. The others come from family supports, personal 
savings and also incomes from  investments. If a reduction in incomes become a long -term new 
normal, moving back to stay with family in rural areas or upcountry is a possible option, altering 
lifestyles towards the Philosophy of Sufficiency Economy.  
Question  
To what extent is the Thai banking sector dependent upon hospitality services revenues stemming 
from international tourism? Did they need any governmental support such as special credit lines?   
Answer  
The financial supports from the government is essenti al for Thailand 's service sectors especially 
SMEs during this C OVID -19 pandemic. At the moment, the government has been promoting the soft 
loan for SMEs campaign, which involves providing the financial supports for SMEs in tourism sector 
at the value of 10,000 million Baht with 2% of interest rate and 2 -year duration for the maximum 
of THB 20 million each.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
Page 4 , Paragraph 1.4 
During the review period, our international trade always accounts more than 100% of G DP. However, 
due to the global economic slowdown in recent years, plus the novel COVID -19 pandemic in 2020 
which is still ongoing, the future of global economy, including Thai economy, might be gloomier than 
the 2008 Financial.  WT/TPR/M/ 400/Add.1  
 
- 25 - 
 
 Question  
To what extent and by which specific factors is the prospect for the Thai economy gloomier now 
under C OVID -19 pandemic than after the Global Financial Crisis of 2007 -8? 
Answer  
1) The Global Financial Crisis affected the Thai economy through the external demand shock and 
hence the export of goods did decline sharply during that period, but the domestic sector particularly 
banking sector remained sound. However, this pandemic notably effects domestic sector due to the 
lockdown and social distancing measures together with the global demand slump, hence this crisis 
had affected the Thai economy sever ely than the GFC. The domestic demand contracted shar ply in 
the second quarter of 2020. Moreover, income from foreign  tourist which is one of the crucial source s 
of private revenue notably decreased due to the international travel restriction policy.  
2) The extent of economic impacts for Thai economy from the current COVID -19 economic crisis 
has the tendency to be worse and more prolonged than the impacts from the Global  Financial Crisis 
of 2007 -2008. The reason is that the current crisis derived from impacts on real sectors with the 
majority of labo ur while the 2007 -2008 Global Financial Crisis had originated from the US  financial 
sector.  
Page 5 , Paragraph 2.6 
Thailand 's major trading partners during 2015 -19 based on total trade value are China, Japan, and 
United States respectively. In 2019, in terms of export, United States was Thailand 's top major 
export destination, following by China and Japan with the export values of 31.3, 29.2, and 
USD 24.6 billion respectively. For imports, China was the largest import partner of Thailand, followed 
by Japan and United States with the import values of 50.3, 33.2, and USD 17.3 billion respectively. 
If counting all ASEAN member states together, ASEAN would become the most important trading 
partner of Thailand with values of export and import at USD 62.9 billion and USD 45.0 billion 
respectively.  
Question s 
In what sense is this role of regional integration into ASEAN an official growth strategy to 
counterbalance single players?  
How does this conform with the other RTAs in which the Thai economy takes part?  
Answer s 
Thailand attaches great importanc e to the regional integration as ASEAN is an important market for 
Thailand products and services. With the harmonized rule and various agreement in the region, the 
trade and investment environment is much improved. Furthermore, by being united as one, each  
ASEAN Member state can increase their bargaining power.  
Page 5 , Paragraph 2.9 
Thai enterprises also increasingly invest abroad. The statistics show that in 2019 31.0% of Thai 
investment flows went to ASEAN, mainly to Singapore (20.0% of total investment o utflows), followed 
by Japan (13.0% ); the European Union (11.7%) ; the United States (10.0% ); and Hong Kong , China 
(7.5%). Sectors that Thai enterprises focused on were manufacturing, wholesale and retail trade, 
and financial and insurance.  
Question  
Are these flows of FDI into and out of the Thai economy exclusively trade -related, in the sense of 
being an integral part of the global/regional supply chains (GSCs or RSCs)?   WT/TPR/M/ 400/Add.1  
 
- 26 - 
 
 Answer  
FDI inflows and outflows of Thailand were involved with direct investment tha t played a significant 
role in setting up both domestic and oversea production plants and led to the integration with global 
and regional supply chains, particularly in exporting sectors, such as agro -manufacturing, 
electronics, vehicles, and petroleum -related manufacturing. Due to the liberalization of outward 
investment, there were a gradual increase in FDI outflows to these sectors abroad as well. 
Nevertheless, it is undeniable that more than half of the inflows and outflows did not directly link to 
global supply chains or trade -related activities, but financial investment or other business -related 
transactions. These flows, for example, went to real estate, financial intermediary, and insurance.  
Page 23 , Paragraph 3.96 
Due to the COVID -19 outbreak, the G overnment has elevated the implementation of measures to 
the highest level by virtue of Section 5 of the Emergency Decree on Public Administration in 
Emergency Situations B.E. 2548 (2005) on 26 March B.E. 2563 (2020). Since March 2020, the 
Government has a pproved three phases of COVID -19 Relief Package to mitigate the economic 
impacts from the pandemic, focusing on economic stimulus package and healthcare spending.  
Question  
How has the C OVID -19 pandemic affected the workings of the GVCs or RVCs in which Th ailand takes 
part (ASEAN in particular)?  
Answer  
During the pandemic, there are some constraints to the Thai cross border trading situation, such as 
transportation restriction. Nevertheless, it is expected that the trade facility will resume shortly, and 
the regional trade integration rem ains in the same tendency.  
The spread of C OVID -19 in China and other countries led to the disruption of supply chains and 
limited flows of travel and trade. The lockdown and quarantine measures in Thailand and ASEAN 
member states brought immediate difficulty to connectivity among member states. Nevert heless, 
ASEAN member states agreed to keep their markets open to mitigate the impact of pandemic. Now, 
Thailand and ASEAN member states currently put efforts on trade facilitation and strengthening 
supply chain connectivity. Among the initiatives are the a doption of Ha Noi Plan of Action to ensure 
the smooth flow of essential goods, and trade facilitation through the full boarding of all ten member 
countries on the ASEAN Single Window Live Operation for the exchange of the e -ASEAN Trade in 
Goods Agreement ( ATIGA) Form D.  
Question  
In which way has the Thai economy been affected by the dislocations in GVCs or RVCs caused by 
the C OVID -19 pandemic in terms of its exports and imports of goods and services?  
Answer  
The slowdown in global demand and the disruption of supply chain and logistics due to the C OVID -19 
outbreak and related measures has caused Thai exports and imports in the firs t half of this year 
2020 to contract by 7.09% and 12.62%, respectively. The underperforming export products were 
vehicles and parts, electronic circuits, machinery and parts, and air conditioners. Imports of raw 
materials and intermediate products declined  correspondingly to the exports. Nevertheless, 
agricultural and agro -industrial products were still in high demand and their exports were able to 
maintain positive momentum amid the outbreak.  
Page 23 , Paragraph 3.98 
At present, Thailand has 13 regional and  bilateral free trade agreements (FTAs) successfully in effect. 
There are two FTAs which have entered into force during 2015 -19, namely Thailand -Chile FTA and 
ASEAN -Hong Kong, China FTA.  WT/TPR/M/ 400/Add.1  
 
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 Question  
How has GVCs or RVCs influenced Thailand 's participation in Regional Integration Agreements 
(RIAs)?  
Answer  
Thailand views that participating in RIAs will help Thailand to better integrate into global value 
chains. Thailand focuses on joining bilateral and multinational trade agreements to decrease trade 
barriers and strengthen cooperation between countries, especially with ASEAN, in order to make 
ASEAN to be a centr e of global supply chains.  
Question  
What are the main sectors/products in which Thailand 's participation in GVCs or RVCs materializes 
itself?   
Answer  
With Thailand 's strategic location, regional and bilateral trade agreements and policy to welcome 
trade and investment from all countries, Thailand has become a major production hub of various 
sectors. This was reflected by the high GVC participati on rate of manufacturing sectors such as 
electrical equipment (56.4%), computer, electric and optical products (50.86%), and motor vehicles 
(47.79%), according to 2015 OECD 's Trade in Value Added (TiVA) database.  
  WT/TPR/M/ 400/Add.1  
 
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 CANADA  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
2 TRADE AND INVESTMENT REGIMES : Trade Policy Formulation and Objectives  
Page 35 , Paragraph 2.12  
It is noted that Thailand 's Ministry of Commerce 's Action Plan for 2020 -2022 has an objective of 
"Enhancing Capacity Building and International Development Cooperation, " aimed at increasing 
Thailand 's capabilities and competitiveness in order to expand its presence in foreign markets, and 
at enhancing it s economic partnerships with key trading partners. As part of this Plan, one of the 
implementation guidelines includes the enhancement of international trade and economic 
cooperation through FTA negotiations, and promotion of technical cooperation with nei ghbouring 
countries, including Cambodia, Lao PDR, Myanmar and Vietnam.  
Question  1 
Would Thailand explain what type of technical cooperation it provides to neighbouring countries? 
How is this technical cooperation delivered? In what areas does Thailand provide technical 
cooperation?   
Answer  
Under the Ministry of Commerce 's Strategic Plan 2020 – 2022, one of our objectives is to build 
capacity and promote international development cooperation by means of i) expanding markets for 
Thai's products a nd business operations in foreign countries; ii) promoting border and cross -border 
trade; and iii) engaging in negotiations on international trade and development cooperation.  
Program for technical cooperation, which will be held by Ministry of Commerce, i s a part of enhancing 
academic and trade relationship between Thailand and neighbo uring countries.  We will host an 
international conference among Thailand, Cambodia, Lao PDR, Myanmar and Vietnam (CLMVT) as 
CLMVT Conference on Economics Trade Indices: CLMVT  - CETI with an aim to upgrade CLMVT 
international standard and quality on Economics Trade Indices.  
Page 35 , Paragraph 2.13  
It is noted that the Joint Public and Private Sector Consultative Committee, public hearings and 
online public -hearing platforms are the main channels for consultations with the public on trade 
policy issues.  
Question 2  
Would Thailand explain their consul tations process for trade policy issues, such as in regard to a 
specific trade agreement or a specific trade policy issue?   
Answer  
The Joint Public and Private Sector Consultative Committee (JPPSCC) comprises of government and 
private sector related to tra de in Thailand. The JPPSCC meets regularly to review trade concerns and 
issues from all sectors. The matters are then conveyed to relevant authorities for solution and policy 
formulation, if applicable.  
Question 3  
Other than the private sector, what other sectors or stakeholders are consulted on trade policy 
issues?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
NGOs, academics, and the general public are consulted on most trade policy issue as a part of the 
public hearing process.  
2 TRADE AND INVESTMENT  REGIMES : Trade Agreements and Arrangements: WTO  
Page 38, Paragraph 2.19  
The Secretariat Report notes that "Thailand has been an active user of the WTO 's dispute settlement 
mechanism. Overall, the country has been involved directly in 18 cases: 14 as a com plainant and 
4 as a respondent. It has also participated as a third party in 93 cases. During the period under 
review, Thailand was involved in two new dispute settlement cases: one as a complainant, and the 
other as a respondent. In addition, it kept enga ged in the new developments of a previous dispute 
brought by the Philippines against certain Thai customs and fiscal measures on cigarettes. In this 
case, in September 2019, Thailand appealed the second compliance panel report (Article 21.5 of the 
DSU), wh ich was circulated on 12 July 2019. " [footnotes omitted]  
Question 4  
With respect to the dispute concerning certain Thai customs and fiscal measures on cigarettes, and 
taking into account that the Appellate Body cannot hear the appeal filed by Thailand, is Thailand 
willing to consider entering into an appeal -arbitration agr eement under DSU Article 25 so as to 
enable a prompt resolution of that dispute?  
Answer  
Please refer to Thailand 's statement in recent DSB meetings.  
3 TRADE POLICIES AND PRACTICES BY MEASURE: Customs Valuation Procedures   
Page 50 , Paragraph 12  
It is noted that Thailand permits the reversal of the deductive method and the computed method, if 
such requests from importers are approved by customs officers.  
Question  5 
Article 4 of the Customs Valuation Agreement states that "at the request of the im porter, the order 
of application of Articles 5 and 6 shall be reversed." This represents a mandatory obligation on 
Customs to reverse the order of the methods if so requested by the importer. Could Thailand explain 
the process of obtaining such approval fo r the reversal of the deductive method and the computed 
method, and how its procedure is consistent with the obligation in Article 4?  
Answer  
Written request to reverse the methods must be submitted by an importer to Customs officer. In 
addition, importer must submit other documents and evidence for calculation. When all information 
is received, officer would consider if computed method can be processed, however, if not, 
consultation process will be conducted in order to proceed to fallback method.  
3 TRADE POLICIES AND PRACTICES BY MEASURE: Import Licensing  
Page 58 , Paragraph 3.44  
The Secretariat Report indicates that "the import of munitions is subject to a non -automatic licence, 
for maintaining national security, public order or public benefit rea sons; the same requirement 
applies to the importation of narcotic drugs, and psychotropic substances, to protect human health. " WT/TPR/M/ 400/Add.1  
 
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 Question  6 
What laws or regulations apply for the import of arms, strategic items and dual -use goods into 
Thailand? Could Thaila nd provide links to the relevant laws/regulations?   
Answer  
Department of Foreign Trade has announced The Control of Item in Relation to the Proliferation of 
Weapons of Mass Destruction Act B.E. 2562 (2019) (TCWMD Act) to regulate controlled activities 
and strategic items in order to prevent the proliferation of WMD. However, at present import of arms 
and strategic items are not yet regulated.  
The link to the relevant laws/regulations can be found at:  
English: https://bit.ly/3lmo2DI  
Thai: http://www.ratchakitcha.soc.go.th/DATA/PDF/2562/A/056/T_0085.PDF  
The law for the import of arms is "Arms Control Act B.E. 2530 (1987) " and for other laws and 
regulations which are  related also published on DID 's website ( http://www.dil.mod.go.th ) under 
article "laws and regulations ". 
3 TRADE POLICIES AND PRACTICES BY MEASURE : Anti -dumping and Countervailing 
Measures  
Page 61 , Paragraph  3.47 
Canada notes that Thailand 's legislation on anti -dumping and countervailing measures was modified 
over a year ago, in May 2019, but has not been notified to the WTO yet.  
Question  7 
Could Thailand indicate when the English translation of the new law will be notified to the WTO?   
Answer  
Still in the process and will be notified to the WTO when the translation into English is completed.  
3 TRADE POLICIES AND PRACTICES BY MEASURE: Customs Procedures and 
Requirements  
Page 63 , Paragraph 3.58  
It is noted that the Department of Foreign Trade issues certificates of origin for exports from 
Thailand.  
Question  8 
Could Thailand explain if the Department of Foreign Trade is going to issue certificates of origin for 
exports from Thailand to Canadian importer s, in the context of a Free Trade Agreement?   
Answer  
In the future, if Thailand has FTA with Canada, the Department of Foreign Trade will be the only 
authorized issuing authority of preferential certificates of origin in Thailand.  WT/TPR/M/ 400/Add.1  
 
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 3 TRADE POLICIES AND PRAC TICES BY MEASURE: Export Licensing  
Page 64 , Paragraph 3.66  
The Secretariat Report states that "the Minister of Commerce, with the approval of the Cabinet, may 
impose non -automatic or automatic export licensing requirements for various reasons " and the 
corresponding Table 3.10 lists the products subject to export licensing requirements. However, the 
table makes no reference to arms, strategic, or dual -use goods.  
Question  9 
In reviewing the WTO Secretariat report, there is no mention of export li censing requirements for 
arms, ammunition, military/strategic goods or dual -use items. Could Thailand provide details of its 
export licensing requirements for these types of goods and/or links to the relevant laws and 
regulations?   
Answer  
The main document s of the export licensing for arms, ammunition, military goods are:  
1) The copy of purchase order/sale contract/MOU or any related documents between seller 
and buyer  
2) End User Certificate (the destinations shall not be sanctioned by UN)  
3) Munitions Specifications/Safety Data Sheet . 
Mark: Any relevant documents if necessary . 
The other requirements, law, and regulations also published on DID 's website 
(http://www.did.mod.go.th ) under article "laws and regulations".  
Additionally, Thailand is in the process of drafting the subordinate legislation under The Control of 
Item in Relation to the Proliferation of Weapons of Mass Destruction Act B.E. 2562 (2019) 
(TCWMD  Act) along with other measures necessary fo r the export control on strategic items such as 
Control List and electronic support system (e -TCWMD).  
3 TRADE POLICIES AND PRACTICES BY MEASURE : Free zones under the Industrial 
Estate Authority of Thailand  
Page 68 , Paragraph 3.76 
The Secretariat Report men tions that Industrial Estate Authority of Thailand 's (I-EA-T) free zones 
are established to cater the specific needs of export -oriented companies. Companies established in 
I-EA-T free zones are eligible for several tax and non -tax incentives, but the report mentions that 
these incentives are not contingent  upon export performance requirements.  
Question  10 
Could Thailand provide clarifications on eligibility requirements that have to be met by companies 
to receive the various incentives in the I -EA-T free zones?   
Answer  
In order to receive the various incen tives in the I -EA-T free zones, companies are required to own a 
land in the I -EA-T free zones that established by Industrial Estate Authority of Thailand, which 
currently has a total of 14 I -EA-T free zones covered in different regions of Thailand as liste d below : WT/TPR/M/ 400/Add.1  
 
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 No. I-EA-T Free Zone  Industry Estate located  
1 Bangpu I -EA-T free zone  Bangpu Industrial estate  
2 Lat krabang I -EA-T free zone  Lat krabang Industrial estate  
3 North I -EA-T free zone  North Industrial estate  
4 Laem Chabang I -EA-T free zone  Laem Chabang Industrial estate  
5 South I -EA-T free zone  South Industrial estate (Songkhla)  
6 Sa kaeo I -EA-T free zone  Sa kaeo Industrial estate  
7 WHA Chonburi 1 I -EA-T free zone  WHA Chonburi 1 Industrial estate  
8 Ban wa I -EA-T free zone  Ban wa Industrial estate (Hi -tech) 
9 Bang pa -in I-EA-T free zone  Bang pa -in Industrial estate  
10 Gateway city I -EA-T free zone  Gateway city Industrial estate  
11 Anya thani I -EA-T free zone  Anya thani Industrial estate  
12 TFD I -EA-T free zone  TFD Industrial estate  
13 TFD I -EA-T free zone 2  TFD Industrial estate 2  
14 World I -EA-T free zone (Lamphun)  World Industrial estate (Lamphun)  
Note: TFD I -EA T free zone 2 and World I -EA-T free zone have been established in 2020.  
Question  11 
Also, could Thailand elaborate on the conditions that have to be met before a company can establish 
in a I -EA-T free zone?   
Answer  
In order to establish company in the I -EA-T free zone, companies are required to have certificate 
issued by Ministry of Commerce to apply for permission to be a business operator in the industrial 
estate and certificate of being an industrial operator or a commercial operator in the I -EA-T free 
zone, respectively.  
3 TRADE POLICIES AND PRACTICES BY MEASURE: Activity - and Merit -Based 
Incentives  
Page 77 , Paragraph 3.115  
The report mentions that the Office of the Board of Investment (BOI) grants merit -based incentives. 
One of these merit -based incentives relates to decentralization.  
Question  12 
Could Thailand explain what is "merit for dece ntralization ", i.e. what are the specific conditions that 
have to be met?  
Answer  
Thailand Board of Investment will grant additional incentives if the eligible investment project is 
located in 20 provinces with lowest per capita income, in industrial estate or industrial zone, in 
Special Economic Zones (SEZ) defined by the National Economic and Social Development Board and 
in promoted border provinces in southern Thailand.  
3 TRADE POLICIES AND PRACTICES BY MEASURE : Sanitary and phytosanitary  
requirements  
Page 85 , Paragraph 3.152  
The Secretariat Report notes that there have been no major changes to Thailand 's sanitary and 
phytosanitary regime since its last review.  
Question  13 
Does Thailand have any planned sanitary and phytosanitary regulatory initiatives that may impact 
Canadian exports of agriculture, forestry, or aquatic products?   WT/TPR/M/ 400/Add.1  
 
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 Answer  
According to Article 7 "Transparency" regulated that members shall notify changes in their sanitary 
or phytosanitary measures and s hall provide information on their sanitary or phytosanitary measures 
in accordance with the provisions of Annex B of the Agreement on the Application of Sanitary and 
WTO Phytosanitary Measures, Thailand usually notifies WTO members of draft regulations and  
proceeds the procedure based on such provision.  
Page 86 , Paragraph 3.154  
The Secretariat Report notes that according to the authorities, Thailand generally follows standards 
set by the OIE, Codex Alimentarius, and the IPPC, where they exist.  
Question  14 
In July 2012, the Codex Alimentarius Commission announced that it had adopted maximum residue 
levels (MRLs) for the amount of ractopamine allowed in tissues of pigs and cattle, a decision that 
was made after a rigorous process of scientific assessment to as certain the proposed levels have no 
impact on human health.  The assessment was carried out by the Codex Joint Experts Committee on 
Food Additives.  Since 2009, Thailand has continued to ban imports of Canadian pork because 
ractopamine is approved for use in  Canada.  Could Thailand advise whether it plans to adopt MRLs 
for ractopamine based on the Codex MRLs and, if not, could Thailand provide a scientific justification 
for not basing its import measure relating to the use of ractopamine on the relevant international 
standard as established by Codex?  
Answer  
Since Codex has adopted the MRLs for Ractopamine in pig tissue, there was not a consensus. The 
main concern of MRLs of Ractopamine is the safety for consumer health. Thailand is one of the 
countries that doesn 't allow the use of Ractopamine. Our research team from Mahidol University has 
studied the impact and risk assessment of Ractopamine on Thai consumer health. This study was 
published in Thai Journal of Toxicology Vol. 35 No. 2 (2020). T he summary of the study is as follows.  
"Ractopamine is a β -adrenoceptor agonist produced acute cardiac response. It has been approved 
to be used as feed additive for swine to promote carcass leanness in some countries. The 
ractopamine residues in offal are  greater than in other tissues. This study aimed to estimate acute 
risk of dietary exposure to ractopamine from the consumption of swine offal. The exposure was 
calculated from large amount of swine offal found in each recipe (large portion size) over a si ngle 
meal (eater only) combined with high residue ractopamine concentration in swine offal found in the 
recipe. Food consumption data as one person -day was interviewed from 649 people who consumed 
swine offal 4 times per month. Using residue data from Beij ing study in China (used 95/95 Tolerance 
limit in lung and median residue in other offals) for exposure estimation. The consumption of swine 
offal from the recipe provided the highest ractopamine exposure in each person of this population 
showed that the e xposures exceeded the acute reference dose (ARfD). The mean, median, 
95th percentile and 97.5th percentile exposures were 176, 145, 345 and 375% of ARfD, respectively. 
Thus, the use of ractopamine as feed additive in pork will provide the exposure raise th e significant 
health concern for acute health risk in Thai people who like to consume food dishes containing swine 
offal."  
3 TRADE POLICIES AND PRACTICES BY MEASURE : Government Procurement  
Page 91 , Paragraph 3.181  
The Secretariat Report indicates that whil e Thailand has included government procurement chapters 
in its RTAs with relevant trade partners, they are all limited to cooperation and information -sharing 
aspects. It is also noted that the Thai Government considers government procurement as a 
significa nt tool to promote social and economic development, and that certain policies have been 
introduced and maintained in this regard.  WT/TPR/M/ 400/Add.1  
 
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 Question  15 
Could Thailand please provide examples of these policies that aim to promote social and economic 
development through government procurement?  
Question  16 
Are such policies applicable only to Thai goods, services and suppliers?   
Answer for Q1 5-Q16 
Ministeri al Regulation Prescribing of supplies that State needs to Promote or Support and Prescribing 
of Procurement Procedures by the Selection method and Specific Method B.E. 2560 (2017) is used 
to promote social and economic development by encouraging Thai SMEs to participate in government 
procurement.  
Question  17 
Can Thailand please provide examples of projects or programs currently underway that actively 
facilitate or fulfil their commitments to cooperation and information exchange with respective RTA 
Parties?   
Answer  
There is no information exchange with RTA Parties presently because Thailand has not yet signed 
any RTA in terms of government procurement.  
Page 92 , Paragraph 3.182  
It is noted that, amongst the prominent new features of the Public Procurement and Supplies 
Administration Act B.E. 2560 (compared with the previous Regulations), the Act standardized the 
public procurement process across the country by extending the scope of application from 
government agencies to SOEs and public organiz ations, such as universities under the supervision 
of the State.  
Question  18 
Does Thailand anticipate further extending the scope of application to include some form of PPPs?   
Answer  
Thailand does not have plan to extend the scope of application of PPPs. For Thailand, all PPPs projects 
are not government procurement and they are under Public -Private Partnership Act B.E. 2562 
(2019).  
Page 93 , Table 3.23  
The Secretariat Report states that a condition under which the selection method can be used is if a  
general solicitation notification method has been used but no one has tendered a proposal, or the 
proposals have not been selected.  
Question  19 
Under which specific conditions can a procuring entity refuse to select any proposal submitted under 
the genera l solicitation notification method?   
Answer  
In the case where there is no tenderers tendering proposals, or the proposals tendered are not 
selected, the committee shall purpose to the head of State agency through the head officer to WT/TPR/M/ 400/Add.1  
 
- 35 - 
 
 consider dismissing such electronic price tender. However, if the h ead of State agency considers and 
sees that a new electronic price tender may not be effective, he or she may order to proceed for a 
new procurement by using the selection method.  
Page 95 , Paragraph 3.190  
The Secretariat Report indicates that Thailand 's electronic government procurement system 
(e-GP system), launched in April 2010, started with pilot projects covering a limited number of 
procurement entities and methods, and was gradually extended to other procurement entities with 
the aim of including all government procurement contracts. During the review period, the 
e-GP system concluded its Phase 3 projects and entered Phase 4 projects on 24 August 2017.  
Question  20 
Can Thailand please provide an update on the share of government procurement contracts n ow 
covered under the e -GP system?  
Answer  
From the e -GP system data, there are 2,748,413 government procurement projects carried out 
during October 2018 - September 2019. It can be categorized by procurement method as following:  
Procurement methods  Projects  Total value (million THB)  
e-bidding  86,776  588,125.15  
Specific method  2,480,436  421,399.16  
Selective method  14,708  111,441.31  
Question  21 
Has the Comptroller General 's Department set a target date by which they intend to have all projects 
covered under the e -GP system?  
Answer  
All public procurement now proceeds under e -GP system.  
Page 95 , Paragraph 3.192  
The Secretariat Report states that Thailand has implemented green public procurement policies since 
2005 to achieve sustainable procurement. The Report indicates that the Pollution Control 
Department, within the Ministry of Natural Resources and Environment, has developed plans to build 
awareness and support the implementation of green public procurement, and that procu ring entities 
are encouraged to give favourable consideration to products that are certified to be environmentally 
friendly.  
Question  22 
Could Thailand please elaborate on the plans developed by the Pollution Control Department, or any 
efforts now underway , to build awareness and support the implementation of green public 
procurement?  
Answer  
Thailand has implemented green public procurement policies since 2005 to achieve sustainable 
procurement. Pollution Control Department, within the Ministry of Natural Resources and 
Environment, has developed Green Procurement Promotion (GPP) Plans. The 1st GPP Plan (2008 -
2011) targeted only government organizations. The 2nd GPP Plan (2013 -2016) covered other 
organisations including local organizations, state enterprises , and universities. In the 3rd GPP Plan 
(2017 -2021), private companies registered in the stocks market have been the main target group 
as well as other organizations interested to join in this activity.  Additionally, there are totally 
36 green product cate gories which all organization could select to support green public procurement. WT/TPR/M/ 400/Add.1  
 
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 Moreover, all organizations that have been involved in green public procurement policy have to 
report to the Pollution Control Department every six months. Thus, the number of implementing 
agencies and expenditure on green products and services increase year by year.  
Additionally, the Comptroller general 's Department has drafted the Ministerial Regulation Prescribing 
of supplies that the State needs to Promote or Support (No.  2) B.E.… . Once this regulation gets 
approval from the Cabinet and Council of State of Thailand, it will be used to support the 
implementation of green public procurement.  
3 TRADE POLICIES AND PRACTICES BY MEASURE : Intellectual Property  
Page 105 , Table 3.28 
Per the Secretariat Report, Table 3.28 identifies applications for trademarks, industrial designs, 
patents, and patents granted  (emphasis added).  
Question  23 
Can Thailand provide information on the trademarks and industrial designs  granted during the  review 
period (emphasis added)?  
Answer  
The statistics on trademarks and industrial designs granted can be found at 
https://www.ipthailand.go.th/images/3534/2564/AR_DIP2 019_Fianl.pdf (pages 76 and 78).  
Page 109 , Paragraph 3.247  
Per the Secretariat Report, a higher standard of protection is available for wine, spirits, rice, silk, 
and others as may be designated by the Minister of Commerce, as outlined in Chapter 5 of Thailand 's 
Geographical Indication Protection Act  B.E. 2546 (2003) for the protection of specified goods.  
Question  24 
Could Thailand provide additional information on the criteria used by the Minister to designate certain 
goods for this higher standard of protection?   
Answer  
At present, the designated products are rice, silk , wines and spirits; the last two of which are the 
requirement under Article 23 of the TRIPS Agreement. With respect to rice and silk, they are 
important products to Thailand.  
Question  25 
Could Thailand provide a list of what designated products are curren tly designated by the Minister 
of Commerce as specified goods, and confirm whether this designation is available for products from 
third countries?  
Answer  
At present, the designated products are rice, silk, wines, and spirits. The level of protection afforded 
to these designated products is available for products from third countries as well.  
Question  
Could Thailand provide additional information on what level of protection applies to specific product 
categories under its legislation? How do es the level of protection differ as between the product 
categories covered by Thai legislation?   WT/TPR/M/ 400/Add.1  
 
- 37 - 
 
 Answer  
The level of protection afforded to specific goods is stipulated in Section 28 of the GI Protection Act 
B.E. 2546 (2003). Under Section 28, the use of a GI for the goods not originating in the geographical 
origin indicated in the application for registration is unlawful, even where the user has also indicated 
the true geographical origin of those goods or has used any expression or performed any act 
indicating the true geographical origin thereof. This includes the use of the expressions such as 
"kind", "type", "style" or any expression or thing similar thereto in association with the GI used for 
such goods.  
For other product categories, Section 27 stipu lates that the following acts deem unlawful; (1) the 
use of a GI for indicating or misleading others to believe that the goods which do not originate in 
the geographical origin specified in the application for registration are goods originating from such 
geographical origin or (2) the use of a GI in a manner which causes the public to be confused or 
misled as to the geographical origin of the goods and as to the quality, reputation or other 
characteristics of such goods, with a view to causing damage to oth er traders.  
Page 110 , Paragraph 3.256  
Per the Secretariat Report, in 2019, more than one third of civil cases (207 out of 582 cases) related 
to IP disputes. In contrast, virtually all the criminal cases related to IP offences such as those relating 
to coun terfeit goods (60 -70%), trademark counterfeiting, and violating the Copyright Act . While civil 
cases are settled or withdrawn in about 50% of the cases, criminal cases are almost universally 
decided for the plaintiff.  
Question  27 
Could Thailand provide in formation on the how many of the cases (civil and criminal) involve 
residents and how many involve non -residents?  
Answer  
The statistics of cases is not currently categorized on the basis of residents and non -residents.  
Page 111 , Paragraph 3.259  
Per the Secretariat Report, the number of items seized declined from over 10.8 million items in 2018 
to 1.6 million in 2019. All items seized by enforcement authorities were destroyed. In 
September  2019, the Department of Intellectual Property, in collaboration wi th the enforcement 
authorities, destroyed more than 10 million infringing goods.  
Question  28 
Could Thailand clarify whether items are seized following requests from IP rights holders, or whether 
determinations on items to be seized and destroyed are a res ult of independent inspections from 
Thailand 's enforcement authorities?   
Answer  
The statistics are not gathered on the basis of ex officio and IPR owners ' requests.   
Question  29 
Noting that 1.6 million items were seized in 2019, could Thailand provide additional information on 
where the additional roughly 8 million items were collected, and subsequently destroyed?   
Answer  
The destruction carried out in September 2019 was in relation to the items seized in 2018, which 
amounted to over 10 million items.  WT/TPR/M/ 400/Add.1  
 
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 4 TRADE POLICIES BY SECTOR : Agriculture  
Page 115 , Paragraph 4.10  
The Secretariat Report lists the agricultural policies the MOAC implemented in 2020.  Item 5 in the 
list includes "encouraging rain -making during drought seasons, […]"   
Question  30 
Could Thailand describe the process related to "rain-making " and how the MOAC provides support 
for this activity?  
Answer  
Please visit https://www.royalrain.go.th/royalrain/ShowDetail.aspx?D etailId=7031. The 
Department of Royal Rainmaking and Agricultural Aviation (DRAA) is an organisation under Ministry 
of Agriculture and Cooperatives, therefore, its budget is allocated from the MOAC 's budget. In fiscal 
year 2020, the budget allocation for D RAA was THB 2,038,091,100.  
Page 115 , Paragraph 4.12  
The Secretariat Report notes that "Thailand has been using a number of policy tools, both at the 
border and domestically, to facilitate the development of the agricultural sector (see below). 
However, these measures may not always give the desired results. According to a World Bank study, 
subsidies for rice production may have slowed the need to transform Thai agriculture. While Thailand 
is currently the world 's second largest exporter of rice,  its rice exports face higher production costs 
compared to competitors from neighbouring countries. This is compounded by volatile foreign 
exchange rates. The authorities disagree, and stated that Thailand has been developing new rice 
varieties according t o the needs of the world market by dividing rice products into five major groups, 
namely Thai Hom Mali Rice, Thai fragrant rice, white rice (hard and soft textures), glutinous rice, 
and niche market rice (such as organic rice, and high -nutrition rice). " 
Question  31 
In light of the findings in the World Bank study, could Thailand elaborate if the diversification into 
new rice varieties will reduce the level of subsidies provided to its rice farmers?  
Answer  
The agricultural domestic support will be used depe nding on the cultivate situation. When Thailand 
gives subsidies to our farmers, it will comply with the WTO rules.  
Question  32 
Would Thailand explain what support, if any, it is providing specifically for its chicken meat and eggs 
sector?  
Answer  
According  to the MOAC 5 -year Agricultural Plan (2018 -2022), the Department of Livestock 
Development (DLD) provides various technical and practical training programmes for Thai livestock 
farmers including poultry farmers. Not only small -farmers but also lar ge-farmers are covered under 
this plan. The purpose of training is to enhance Thai farmers ' capability to become smart farmers. 
One of the key programmes is Strengthening Poultry Farmer Project. Farmers, especially small -scale 
farmers (for household consum ption or local sale) will be trained for proper biosecurity measures, 
good farming management, and managing animal feed. Moreover, the DLD organises the training 
about Good Agricultural Practices (GAP) for farmers who would like to improve their farm 
manag ement and get a certification in order to promote their domestic sale and export.  WT/TPR/M/ 400/Add.1  
 
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 4 TRADE POLICIES BY SECTOR : Financial services; Banking  
Page 139 , Paragraph 4.109  
It is noted that foreign bank branches are eligible to apply for a subsidiary licence if their country of 
origin meets any of these conditions: it has a free trade agreement with Thailand; it offers reciprocal 
market access to Thai banks; or it has "signif icant business relations with Thailand ". 
Question  33 
Could Thailand clarify which countries have been eligible to apply for a subsidiary licence (e.g., trade 
agreement, reciprocal market access)?  
Question  34 
Could Thailand clarify what is considered a "significant business relations with Thailand " and how 
that assessment takes place?  
Answer for Q 33-Q34 
In applying for a banking license in Thailand, eligibility criteria may vary by liberalization objectives 
of each licensing period. So far, Thailand has liberalized its banking market for both unilateral and 
reciprocal track. Previously, Thailand has liberalized its banking sector unilaterally, which allow a 
foreign bank from any country to submit an application.  
Given specific liberalization objectives, the criteria for eligible candidates has been set for each round 
of application. Considering the licensing round in 2013, the new foreign banks ' subsidiaries were 
aimed at supporting cross -border trade and investment and promoting competition. To reflect t he 
liberalization objectives, the applicants had to demonstrate that their country of origin had significant 
business relations with Thailand, either by having an FTA with Thailand or being a significant 
international trade and investment partner.  
The sig nificant business relations were a part of the consideration whether the application should be 
accepted. Also, it would be one of the decisive factors when the number of applicants is greater than 
the number of licenses to be granted. The criteria indicati ng significant business relations primarily 
include, but not limited to, volume of trade with Thailand, direct investment in Thailand, ranking of 
trade volume and direct investment. The Financial Institutions Policy Committee (FIPC) was the body 
responsibl e for application review and finalized the shortlisted candidates, which were subsequently 
proposed to the Minister of Finance.  
Page 140 , Paragraph 4.110  
It is noted that Thailand Ministry of Commerce issued regulations to remove commercial banking, 
repres entative offices of foreign banks, and life and non -life insurance businesses from the list of 
restricted activities under the Foreign Business Act, both in 2016 and 2017.  
Question  35 
Could Thailand confirm if they applied this waiver to all financial services investments (e.g., banking; 
life and non -life insurance)?  
Question  36 
If not, could Thailand confirm which financial services sub -sectors are still subject to foreign business 
licensing requirements?  
Answer for Q35 -Q36 
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 four Ministerial WT/TPR/M/ 400/Add.1  
 
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 Regulati ons 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 law on insurance, fin ancial institution business, 
and representative office/regional office.  
4 TRADE POLICIES BY SECTOR : Financial Services; Insurance   
Page 142 , Paragraph 4.120  
It is noted that Thailand has implemented amendments in 2019 focused on new provisions on 
insurance business.  
Question  37 
Could Thailand clarify the nature of the new provisions governing electronic transactions in the 
insurance business, and if they appl y to cross -border transactions?  
Answer  
There is an Insurance Commission Notification on Insurance sale, issuing insurance contract and 
claim payment via Electronic which provide scope on conducting sale, issuing insurance contracts 
and claim payment throu gh electronic method and emphasize insurance company to have IT Security 
Standard in order to provide effective electronic insurance services. This notification is applicable for 
domestic insurers.  
Page 142 , Paragraph 4.122  
It is noted that Thailand authorities are holding discussions regarding the structure of the insurance 
market, including with regard to the participation of virtual players from other countries.  
Question  38 
Could Thailand clarify the meaning of "virtual p layers from other countries ", and what would be their 
potential role?   
Answer  
Virtual Insurer is the project which OIC study the feasibility of insurance company to change their 
operation process that can improve the insurance industry landscape by using the digital technology. 
This project is in the Insurance Development Plan No. 4 (2021 -2025).  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19: BCG Economy  
Page 9 , Paragraphs  3.23 and 3.24  
Paragraph 3.23 states that the Government has introduced the concept of "Circular economy" and 
has exerted much effort to restructure the industry 's production pattern from linear to a new 
circulating pattern that employs cost -effective, was te management and raw materials recycling 
concepts. Paragraph 3.24 mentions that the Ministry of Finance grants tax incentive for businesses 
that purchase bio -plastics packaging in order to promote the consumption of bio -plastics.  
Question  39 
Canada welco mes Thailand 's circular economy initiatives. Could Thailand provide details on other 
measures (in force and future) related to plastics use and waste?   WT/TPR/M/ 400/Add.1  
 
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 Answer  
Pollution Control Department has formulated Thailand 's Roadmap on Plastic Waste Management 
B.E. 2561-2573 (2018 -2030), approved by the Cabinet on 17 April 2019 as a framework and 
direction to prevent and solve plastic waste management problems in Thailand. This aims to 
encourage all sectors and stakeholders to take part in the integra ted plastic waste prevention and 
solution problems.  
The Roadmap consists of two goals. First is to reduce and eliminate the targeted plastics by using 
environmentally friendly renewable materials, which will proceed with category and type of 
unnecessary plastics and plastics that cause environmental impacts. Second is to recycle 100 % of 
the targeted plastic waste by 2070, emphasising on recycle and utilisation according to the circular 
economy concept.  
The Action Plan on Plastic Waste Management Phase 1, B.E. 2563 -2565 (2020 -2022) is drafted to 
be a framework and guideline for joint operations of all sectors in preventing and solving plastic 
waste problems. The implementation will introduce effective results in the first three  years 
(2020 -2022) which at least 50 % of the targeted plastics will be recycled into the circular economy 
system by 2022. Additionally, Pollution Control Department has continually implemented measures 
to manage plastic waste from food delivery services and to control import of plastic scraps and well 
as driven the plastic waste management together with various ag encies.  
Furthermore, the Royal Decree was issued for the Revenue Code in B.E. 2559 (2016) allowing 
125% corporate income tax exemption for companies or juristic person 's partnership spending on 
specified compostable plastic products which would be used in their business operations for the 
period of three accounting cycles from 1 January B.E. 2562 (2019) – 31 December B.E. 2564 (2021). 
In this connection, the government urges the uses of bio -based compostable plastics rather than 
the petroleum -based ones in order to emphasize the usages of local agricultural byproducts.  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19: Agriculture  
Page 11 , Paragraph 3.34  
Canada notes that the Government Report indicates that Thailand 's agriculture GDP is witnessing an 
increas e however, the values provided show the opposite. "During 2015 -19, the agricultural GDP 
increased from USD 19.73 billion in 2015 to USD 7.56 billion in 2019, with an average growth rate 
of 2.3% per year. " 
Question  40 
Could Thailand clarify the growth rate for agriculture within these years?   
Answer  
WTO has already  corrected the number to USD 27.56 billion.  
Pages 12 -13, Paragraphs 3.35 and 3.36  
It is noted that Thailand 's Ministry of Agriculture and Cooperatives (MOAC) 's 5-year operational plan 
aims at strengthening farmers and agricultural institutions as well as increasing farmers ' incomes.  
Question  41 
What policy tools does Thailand plan to utilize to support farmers as part of this plan? Does this 
include support for poultry farmers and chicken me at and eggs exports?  
Answer  
Please see Answer to Q32 . WT/TPR/M/ 400/Add.1  
 
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 3 ECONOMIC AND TRADE POLICY DEVELOPMENT , 2015 -19; Services; Financial 
Services  
Pages 15 -16, Paragraph 3.48  
It is noted that one of the main initiatives regarding regional connectivity includes further 
liberalization of banking sector on a reciprocal basis, through bilateral negotiations with ASEAN 
members.  
Question  42 
Would Thailand clarify if the liberalization of the banking sector, negotiated bilaterally with ASEAN 
Members, is part of the ongoing deregulation of commercial banking under the amendments of the 
Foreign Business Act (FBA), or is it a separate more targeted initiative?   
Answer  
The bilateral liberalization of the banking sector with ASEAN Members is a regional -level initiative in  
which its framework has been reviewed and agreed by the ASEAN Central Bank Governors on the 
principles, elements and implementation process, so it is not part of the ongoing deregulation of 
commercial banking under the amendments of the Foreign Business A ct (FBA).  
The liberalization of banking sector in ASEAN incorporates comprehensive principles and key 
elements in market access and operational flexibility that have been agreed at a multilateral stage. 
This includes negotiation framework, the characterist ics and admission process of the Qualified 
ASEAN Banks (QABs). The QABs negotiations are on the principles of progressive liberalization and 
reciprocal basis.  
The ongoing deregulation of commercial banking business under the amendments of the Foreign 
Busin ess Act (FBA) is a continuous effort to reduce regulatory compliance on the banking business. 
As a result of the deregulation, foreign banks in Thailand are not required to obtain a foreign business 
license from the Ministry of Commerce when performing cer tain commercial activities. Nevertheless, 
the license to operate regulated financial business from the Ministry of Finance is still required.  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT , 2015 -19: Intellectual Property  
Page 19 , Paragraphs 3.69 -3.84 
It is noted that Thailand 's 20-Year IP Roadmap has an aim to guide the development of the country 's 
IP system and to ensure that the IP system is aligned with the country 's shift towards "Thailand  4.0". 
Question  43 
Given the time rang e of this IP Roadmap, does Thailand intend to conduct periodic review to ensure 
that the roadmap is reflective of domestic and international IP developments (i.e. impact of the 
COVID -19 pandemic on the global IP system)?   
Answer  
From time to time, significant IP developments consistent with the IP Roadmap are reported to the 
National Committee on Intellectual Property Policy.  The committee can review the IP Roadmap as it 
deems fit.   
Question  44 
Regarding IP creation and IP protection, could Thailand  elaborate on the feedback of awareness and 
educational activities? Are seminars and workshops tailored to different publics? In addition to social 
media platforms for the younger generation, are there any other channels of communication for 
specific audie nces?  WT/TPR/M/ 400/Add.1  
 
- 43 - 
 
 Answer  
The seminars and workshops organized by the Department of Intellectual Property (DIP) include 
those which are suitable for the general public and those which are more tailored. Seminars and 
workshops for the wider public would generally focus  on the general knowledge about different 
aspects of IP. However, the DIP also organizes more focused seminars and workshops for targeted 
audience. For example, it organized a seminar on copyright law in the digital age for writers, 
translators, publishers, users of copyrigh t works and students. A seminar  on patent law and patent 
registration procedure was also organized for patent agents.   
In addition to social media platforms, the DIP uses other means to reach out different audience s. 
For example, the DIP provides mobile units to give IP consultation services and accept IP applications 
in both central and provincial areas. The DIP officials also visits provinces in all regions of the 
country, among others, to educate local communitie s and entrepreneurs about the importance of GI 
and to give advice on GI registrati on and quality control system.  The DIP also produces public 
relation materials such as infographic and press releases to disseminate IP knowledge.   
Question  45 
Regarding the IP commercialization aspect of the IP Roadmap, could Thailand provide some 
quantified information on the performance of the IP Mart platform and IP Fair event?   
Answer  
There is currently 1,156 items listed on the IP mart online platform. Since 2018, the we bsite has 
been visited more than 600,000 times.  
The IP Fair 2020 was organized on 15 -16 September 2020, attracting around 1,20 0 visitors. During 
the IP Fair 2020, there were seven seminars on various IP topics including the Madrid trademark 
registration sy stem and the green innovation. The re were also the exhibition of 31  IP works being 
successful for commercialization and the exhibition of various works winning the IP Champion 
Awards.   
Page 20 , Paragraph 3.74  
It is noted that Thailand is in the process of amending the Patent Act , including addressing the 
formality of applications for patents related to genetic resources and traditional knowledge.  
Question  46 
Could Thailand provide more details on the changes b eing made to this section of the Patent Act, 
and the policy goals to be achieved through these amendments?  
Answer  
In the draft amendment of the Patent Act, a patent application needs to disclose genetic resources 
and traditional knowledge (if any). The dis closure requirement for genetic resources and traditional 
knowledge in the said draft does not affect patentability. This is to avoid the misappropriation of 
genetic resources and traditional knowledge.   
4 FUTURE ECONOMIC AND TRADE POLICY DIRECTIONS  
Page s 28-29, Paragraphs 1 -4 
It is noted that Thailand is pursuing economic and trade measures to support post -COVID -19 
recovery, including supporting the continued operation of supply chains.  WT/TPR/M/ 400/Add.1  
 
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 Question  47 
Aside from WTO efforts , what trade polic y measures is Thailand pursuing or considering to support 
post-COVID -19 recovery and supply chain continuity?  
Answer  
Please see NESDC Economic Report - Thai Economic Performance in Q3 and Outlook for 2020 -2021, 
under section Economic Management for the Year 2021 (page 28), at 
https://www.nesdc.go.th/nesdb_en/ewt_dl_link.php?nid=4443&filename=Macroeconomic_Planning.  
 
  WT/TPR/M/ 400/Add.1  
 
- 45 - 
 
 CHILE 
QUESTIONS REGARDING THE REPORT  BY THE SECRETARIAT - WT/TPR/S/400  
RESUMEN  
Párrafo 14, página 11  
"Tailandia cuenta con multitud de programas de incentivos fiscales y no fiscales a la inversión, con 
una estructura bastante compleja, entre ellos, los incentivos otorgados por la Junta de Inversiones 
y los ofrecidos a las zonas económicas especiales, las pymes y a determinados sectores como la 
agricultura, la pesca y las energías renovables. Entre las principales medidas de apoyo introducidas 
durante el período objeto de examen figuran las siguientes: planes de incentivos para la promoción 
de actividades en el marco de la Ley del Corredor Económico Oriental (mayo de 2018); un programa 
de incentivos fiscales puesto en práctica por el Departamento de la Ren ta para promover Tailandia 
como centro internacional de negocios (octubre de 2018); y el conjunto de medidas "Tailandia Plus" 
dirigido a atraer empresas extranjeras para que se establezcan en el país y a acelerar las inversiones 
a gran escala (septiembre d e 2019). Puesto que no hay un presupuesto específico destinado a los 
incentivos para la promoción de las inversiones, no se dispone de información sobre los ingresos 
sacrificados como consecuencia de esas medidas ". 
Question  
El párrafo 14 indica que Tailand ia cuenta con multitud de programas de incentivos fiscales y no 
fiscales a la inversión, con una estructura bastante compleja, entre ellos, los incentivos otorgados 
por la Junta de Inversiones y los ofrecidos a las zonas económicas especiales, las pymes y a 
determinados sectores como la agricultura, la pesca y las energías renovables. Al respecto, Chile 
agradecería a Tailandia compartir mayores detalles respecto a las características de estos incentivos, 
si son tributarios o no, además del perfil de los inv ersionistas que favorecerían, y los criterios para 
diferenciar entre dichos inversionistas.  
[Paragraph 14 mentions that Thailand has numerous fiscal and non -fiscal incentive programs to 
promote investments. Chile would appreciate additional information abo ut these incentives. Whether 
or not they are tax related, as well as the investor profile they are targeting and how different 
investor types are being recognised. ] 
Answer  
Thailand 's Board of Investment provides both tax and non -tax incentives for promoted juristic 
persons.  An example of tax incentive is the exemption from payment of corporate income tax for a 
certain period. An example of non -tax incentives is permission to bring foreign skilled workers and 
experts into Thailand to work in promoted  projects. Non -tax incentives aim at facilitating investors ' 
operation in their promoted projects. Incentives provided to local and foreign investors are the same, 
based on eligible activities. For more details, please visit our website at www.boi.go.th . 
2 REGÍMENES DE COMERCIO E INVERSIÓN  
2.3 Acuerdos y arreglos comerciales  
2.3.3  Otros acuerdos y arreglos  
2.3.3.4  Otros acuerdos de cooperación  
Párrafo 2.39, páginas 48 -49 
"Tailandia participa en otros marcos de cooperaci ón subregionales, en particular los siguientes: la 
Iniciativa de Cooperación Técnica y Económica Multisectorial del Golfo de Bengala (BIMSTEC), 
destinada a mejorar y acelerar el crecimiento económico mediante la cooperación mutua entre sus 
miembros en dive rsas esferas; actualmente están negociando varios acuerdos constitutivos que, en 
última instancia, formarán parte de un acuerdo de libre comercio. La Estrategia de Cooperación 
Económica Ayeyawady -Chao Phraya -Mekong (ACMECS) es un marco de cooperación entre  Camboya, WT/TPR/M/ 400/Add.1  
 
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 Myanmar, la República Democrática Popular Lao, Viet Nam y Tailandia cuyo fin es promover un 
desarrollo equilibrado en la subregión. El Programa de Cooperación Económica en la Subregión del 
Gran Mekong (GMS -EC) tiene por objeto aumentar la prosper idad y la integración entre las 
economías participantes; su plan estratégico 2012 -2022 está basado en una estrategia triple: 
aumentar la conectividad mediante el desarrollo de la infraestructura física y corredores económicos 
transnacionales; mejorar la co mpetitividad mediante la facilitación del movimiento transfronterizo 
de personas y mercancías y la integración de los mercados, los procesos de producción y las cadenas 
de valor; y crear un mayor sentido de comunidad mediante programas que aborden preocupa ciones 
sociales y medioambientales comunes. El Diálogo para la Cooperación en Asia (ACD) tiene por objeto 
promover las asociaciones estratégicas y la cooperación en todas las subregiones de Asia. "  
Question  
El párrafo 2.39 alude al Programa de Cooperación Económica en la Subregión del Gran Mekong 
(GMS -EC), como una iniciativa de cooperación que tiene por objeto aumentar la prosperidad y la 
integración entre las economías participantes y en específico a su plan estratégico 2012 -2022, 
basado en un a estrategia triple. Al respecto, Chile agradecería a Tailandia informar si participa en 
acuerdos de cooperación específicos que tengan como fin mejorar la competitividad los procesos de 
producción y las cadenas de valor. De ser así, Chile agradecería a Ta ilandia compartir mayores 
antecedentes respecto a dichos acuerdos de cooperación específicos.  
[Paragraph 2.39 refers to the Greater Mekong Subregion Economic Cooperation as a program which 
aims to increase trade and growth in the participating economies, p articularly related to the 
2012-2022 strategic plan. Chile would like to know if Thailand participates in regional agreements 
that aim to improve the competitiveness of production processes and the value chain. If so, Chile 
would appreciate additional info rmation relating to specific agreements. ] 
Answer  
Thailand is one of Mekong countries, comprised of Myanmar, Lao PDR, Cambodia, Thailand, and 
Vietnam. Mekong countries have participated in various sub -regional cooperation arrangements, 
with major dialogue p artners; namely the Lower Mekong Initiative (Mekong – USA), Mekong – Japan 
Cooperation, Mekong – Republic of Korea Cooperation, Mekong – Lancang Cooperation (Mekong – 
China), and Mekong – Ganga Cooperation (Mekong – India). Each arrangement has different 
objectives but the common goal among these cooperation is to promote sustainable economic 
growth and well -being of people in the sub -region. One important strategy is to enhance connectivity 
and improve competitiveness across the sub -region, which can facil itate and enhance trade, improve 
supply chain as well as reduce poverty, and better the livelihood of the people.  
For RCEP agreement, information can be found in Thailand 's TPR government report (WT/TPR/G/400) 
pages 27-28, paragraph 1.1.2. As stated in the  report, Thailand is in the process of legal scrubbing 
the RCEP agreement and expects to sign the agreement by the end of this year.  
2.4 Régimen de inversión  
Párrafo 2.42, páginas 49 -50 
"Con arreglo a la Ley de Empresas Extranjeras, los sectores están clasificados en tres categorías o 
listas en función del nivel de restricción, con diferentes límites de participación extranjera en el 
capital social y requisitos de aprobación para cada una de ellas (cuadro 2.5). En la Lista 1 figuran 
los sectores en los que no está permitida la inversión extranjera, que abarcan actividades como la 
prensa, la radiodifusión, el cultivo de arroz, la ganadería, la silvicultura y la elaboración de madera 
de bosqu es naturales, la pesca y el comercio de tierras. Se permite la inversión extranjera en los 
sectores de la Lista 2 únicamente si los inversores extranjeros obtienen una autorización previa del 
Consejo de Ministros y una licencia del Ministro de Comercio. Ad emás, estos sectores están sujetos 
a un límite de participación extranjera en el capital social del 60% (hasta el 75% en algunos casos), 
y al menos las dos quintas partes de la Junta Directiva deben ser nacionales de Tailandia. La Lista 2 
abarca los sector es relacionados con la seguridad nacional y aquellos que tienen una repercusión en 
las artes, la cultura, las costumbres tradicionales, la artesanía local, los recursos naturales o el medio 
ambiente. La Lista 3 abarca los sectores en los que "los nacionale s tailandeses no están aún en 
condiciones de competir con los extranjeros". Los inversores extranjeros pueden participar en estos WT/TPR/M/ 400/Add.1  
 
- 47 - 
 
 sectores siempre que dispongan de una licencia concedida por el Director General del Departamento 
de Desarrollo Empresarial de l Ministerio de Comercio y de la autorización del Comité de Empresas 
Extranjeras. En este caso no se aplica ningún límite de participación extranjera. En la Lista 3 se 
abarca una amplia gama de actividades, entre ellas, la molturación de arroz, la construc ción, la 
ingeniería, los servicios jurídicos y de contabilidad y los servicios de hostelería (salvo la gestión de 
hoteles). Sin perjuicio de lo dispuesto supra, las empresas extranjeras que realicen inversiones 
sustanciales en beneficio de la economía de T ailandia pueden recibir la autorización de la Junta de 
Inversiones para llevar a cabo actividades de las Listas 2 y 3 ".  
Question  
De acuerdo con el párrafo 2.42, la Ley de Empresas Extranjeras de Tailandia clasifica los sectores 
en tres categorías o listas en función del nivel de restricción, con diferentes límites de participación 
extranjera en el capital social y requisitos de aprobación para cada una de ellas. En relación con ello, 
Chile agradecería a Tailandia compartir más informació n sobre los sistemas de revisión y 
actualización de estas listas que realiza el Ministerio de Comercio y si estas revisiones contemplan 
alguna periodicidad. Adicionalmente, Chile agradecería si Tailandia pudiera indicar si considera 
modificar o liberalizar  las listas o sectores específicos de las mismas próximamente.  
[According to paragraph 2.42, the Foreign Business Act B.E. 2542 (1999) classifies sectors in three 
categories according to restrictions, with different limits on foreign participation and diff erent 
approval requirements. Chile would like to ask about how these lists are revised and updated by the 
Ministry of Commerce, and whether these updates occur regularly. Additionally, Chile would like to 
ask if Thailand is considering liberalizing or modi fying the lists or sectors in the near future. ] 
Answer  
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 four 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 
representative office/regional office.  
To review the regulated businesses under the FBA, the regulation promulgation process is required 
to hold public hearings from stakeholders and sector regulators a re held. The result based on pros 
and cons usually requires sufficient information for the Commission to remove the regulated 
businesses from the list.  
3. POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.3 Medidas que afectan a la producción y al comercio  
3.3.3  Prescripciones sanitarias y fitosanitarias  
Párrafo 3.155, páginas 97 -98 
"Tailandia participa activamente en el Comité de Medidas Sanitarias y Fitosanitarias de la OMC. En 
él se plantearon, durante el período objeto de examen, preocupaciones comercial es específicas con 
respecto a medidas sanitarias y fitosanitarias aplicadas por Tailandia. El país informó acerca de los 
progresos realizados y cooperó con sus interlocutores comerciales para resolver esas preocupaciones 
comerciales específicas, que fueron  planteadas por:  
• el Taipei Chino, sobre las restricciones de Tailandia a la importación de semillas de papaya 
(Situación: resuelta);  
• los Estados Unidos, sobre los derechos de importación aplicados por Tailandia en relación 
con los procedimientos de aprob ación relativos a los animales vivos y/o los productos de 
origen animal.92 En respuesta a la preocupación planteada por los Estados Unidos, 
Tailandia explicó cómo se calculan los derechos de importación y demostró que su cálculo WT/TPR/M/ 400/Add.1  
 
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 era conforme al párrafo 1) f) del Anexo C del Acuerdo MSF. Hasta junio de 2020, los 
Estados Unidos no habían vuelto a plantear esta cuestión en las reuniones del Comité MSF;  
• el Brasil y la Unión Europea, sobre los procedimientos establecidos por Tailandia para 
aprobar la importació n de carne de porcino y otros productos animales.93 En respuesta a 
la preocupación planteada, Tailandia anunció que había estado colaborando con sus 
interlocutores comerciales a fin de acelerar el proceso para aprobar la importación de 
carne de porcino y o tros productos animales de acuerdo con el procedimiento de 
importación notificado;  
• el Japón, sobre las restricciones aplicadas por Tailandia a las importaciones de frutos 
cítricos; y  
• los Estados Unidos, sobre el proyecto de lista de Tailandia de sustancias peligrosas relativa 
a los alimentos que contienen residuos de plaguicidas ". 
Question  
En relación con el párrafo 3.155, el cual se refiere a las preocupaciones comerciales específicas con 
respecto a medidas sanitarias y fitosanitarias aplicadas p or Tailandia durante el período objeto de 
examen - y en particular a la preocupación comercial planteada por Brasil y la Unión Europea, sobre 
los procedimientos establecidos por Tailandia para aprobar la importación de carne de porcino y 
otros productos an imales - Chile agradecerá a Tailandia informar acerca de los países que 
actualmente están autorizados para exportar carne de cerdo y las medidas que aplican en cada caso.  
[Regarding paragraph 3.155, which refers to specific trade concerns regarding sanitar y and 
phytosanitary measures applied by Thailand during the period under review , and in particular to 
trade concerns raised by Brazil and the European Union regarding the Procedures established by 
Thailand to approve the importation of pork and other anima l products, Chile would like to ask which 
countries are currently allowed to export pork products and what measures are being applied in each 
case.] 
Answer  
The DLD has received requests of exportation of pork products from France, Spain, Ireland, Belgium, 
Hungary, Poland, Netherland, Germany, Denmark, and Austria. Each country is in different stages 
of importation. Some are in process of consideration by market access committee, some are 
answering questionnaires, and some entering to import risk assessment.   
Currently, the DLD allows importation of cure meat from Italy and chilled and frozen pork from 
Japan. Both countries had been through the process described on G/SPS/N/THA/243 and 
G/SPS/N/THA/244.  
3.3.6  Política de competencia y regulación de los precios  
3.3.6.1  Marco jurídico e institucional  
Párrafo 3.196, página 109  
"En octubre de 2017 se promulgó la nueva Ley de Competencia Comercial, E.B. 2560 (2017), que 
derogó la versión anterior de la Ley de Compe tencia Comercial, E.B. 2542 (1999). La nueva Ley 
aborda cuestiones relacionadas con la competencia, como los cárteles, el abuso de una posición 
dominante, las fusiones anticompetitivas, las prácticas comerciales desleales, las exenciones y las 
sanciones. A simismo, regula las actividades comerciales, incluidas las empresas agropecuarias, la 
industria manufacturera, el comercio, los servicios financieros, los seguros y otros sectores de 
servicios. No obstante, los sectores para los cuales existen disposicione s legislativas específicas en 
materia de competencia (por ejemplo, las telecomunicaciones y la energía) quedan excluidos del 
ámbito de aplicación de la nueva Ley. También se excluyen las administraciones de los gobiernos 
central, provinciales y locales, la s cooperativas agrícolas y de otro tipo y las organizaciones sin fines 
de lucro ".  WT/TPR/M/ 400/Add.1  
 
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 Question  
En relación con la elaboración de las disposiciones legislativas específicas en materia de 
competencia, en aquellos sectores que quedan excluidos del ámbito de apli cación de la nueva Ley 
de Competencia Comercial – mencionados en el párrafo 3.196 – Chile agradecería a Tailandia indicar 
de qué manera participa la autoridad tailandesa en el ámbito de Competencia, en la elaboración de 
dichas legislaciones especiales. Adi cionalmente, Chile agradecería a Tailandia informar si existe una 
revisión de la competencia, que busque mejorar las condiciones de ella en la elaboración de 
regulaciones (por ejemplo, por medio de consultas a la autoridad de Competencia).  
[In relation to the preparation of specific legislative provisions on competition, in those sectors that 
are excluded from the scope of the new Act as mentioned in paragraph 3.196, Chile would like to 
know how Thai authorities regulate competition. Addition ally, Chile would be grateful to Thailand to 
inform whether there is a process to improve competition through the development of regulations, 
for example, by consulting with the competition authorities when drafting regulations. ] 
Answer  
There are specifica lly six sectoral regulators excluded from the scope of Trade Competition Act 
B.E. 2560 (2017), which are Office of the National Broadcasting and Telecommunication 
Commission, Energy Regulatory Commission, Securities and Exchange Commission, Bank of 
Thailan d, Office of Insurance Commission, and Civil Aviation Authority of Thailand. The sectoral 
regulators could monitor the anti -competitive behaviours of business operators closely to further 
improve the business competition.  
In order to improve competition t hrough the development of regulations, the Trade Competition 
Act 2017 authorises the Trade Competition Commission to have powers and duties to propose 
opinions and recommendations to the Minister and the Cabinet with regard to the government 's 
policies on competition (Section 17 (11)), as well as to give recommendations to government 
agencies on rules, regulations, or orders which are obstacles to competition and causing obstruction, 
restriction, or reduction of competition, and that may result in unfairnes s between business 
operators (Section  17 (12)); thus, this might be the effective approach for Chile in terms of 
improving competition through the development of regulations.  
General question  
En relación a las políticas comerciales abordadas en el informe de la Secretaría (WT/TPR/S/400), se 
observa que no se hace referencia a algún programa o estrategia de política comercial que involucre 
la variable enero. Al respecto, Chile agradecería si Tailandia pudiera compartir si cuenta con alguna 
línea de acción o estrategia que considere la variable mencionada.  
[The secretariat report does not  mention a program of trade policy program or strategy that involves 
the gender  variable. With regards to this, Chile would like to ask if there is a line of action or strategy 
which considers the mentioned variable. ] 
Answer  
The Federation of Business and Professional Women 's Associations of Thailand under the Royal 
Patronage of H.M.  the Queen (BPW Thailand) is one of the business partners of Department of 
Women 's Affairs and Family Development (DWF), Ministry of Social Development and Human 
Security (MSDHS). BPW Thailand became an associate member BPW International in 1976. Since 
the beginning, BPW Thailand has continuously carried on its activities and objectives with 
development the professional, business and leadership potential of women on all levels through 
advocacy, mentoring, networking, skill building and economic empowerment programs and projects 
around the world.  
As acknowledged Thailand as a member of ASEAN and also the DWF as the focal point of  ASEAN 
Committee on Women (ACW) of Thailand, MSDHS carries out the implementation of the ASEAN 's 
regional key priorities in women 's issues and also the cooperation and the promotion of Women 
Entrepreneurs ' Network. So, BPW Thailand has been cooperated as the ASEAN Women Entrepreneurs ' 
Network of Thailand (AWEN – Thailand) that aims to work with other international and regional WT/TPR/M/ 400/Add.1  
 
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 networks  of women entrepreneurs or AWEN with the objective of exchanging experience and 
developing new initiatives to promote economic and trade activities for women in order to enhance 
and strengthen their skill of entrepreneurship at the national level as well a s international level.  
4 POLÍTICAS COMERCIALES, POR SECTORES  
4.5 Servicios  
4.5.1  Servicios financieros  
4.5.1.2  Seguros  
4.5.1.2.2  Marco jurídico  
Párrafo 120, página 162  
"Los servicios de seguros se rigen principalmente por la Ley de Seguros de Vida E.B. 2535 (1992) y 
la Ley de Seguros Distintos de los Seguros de Vida E.B. 2535 (1992). Durante el período examinado, 
esas leyes se modificaron en 2015 y 2019. Las modificaciones de 2015 consistieron principalmente 
en cambios en la definición de accionistas tai landeses tanto en las compañías de seguros de vida 
como en las compañías de seguros distintos de los seguros de vida para hacer posible una mayor 
participación extranjera en las empresas de seguros nacionales. También se modificaron las 
disposiciones relat ivas al Fondo de Seguros de Vida con objeto de proteger mejor a los titulares de 
pólizas en caso de insolvencia de una empresa de seguros o anulación de su licencia. Las 
modificaciones de 2019 se centraron en las nuevas disposiciones por las que se rigen l as 
transacciones electrónicas en el sector de los seguros, a fin de mejorar la supervisión de los 
intermediarios de seguros (agentes y corredores) e introducir sanciones para las actividades 
fraudulentas en la esfera de los seguros. "  
Question  
El párrafo 4 .120 destaca que en el año 2019 se introdujeron sanciones para las actividades 
fraudulentas en la esfera de los seguros. Al respecto, Chile agradecería a Tailandia compartir 
ejemplos de algunas de estas sanciones introducidas por las modificaciones del men cionado año.  
[Paragraph 4.120 mentions that in 2019 penalties were introduced for insurance fraud. Chile would 
like to know what penalties are currently in use. ] 
Answer  
According to Life insurance Act (N o. 4) B.E. 2562, penalties for insurance fraud are as follows : 
Section 114/3   Any person who in bad faith deceives any other person by soliciting, introducing or 
arranging for execution or renewal of a life insurance agreement between that other person and the 
company, but does not cause the life insurance  contract to be actually execute or renew, and by 
such deception receives any property from the deceives or any third person, or causes the deceived 
or any third person to execute, withdraw or destroy any title deed, shall be liable to imprisonment 
not exc eeding three years, or a fine not exceeding three hundred thousand baht, or both.  
Where the offence under paragraph one is committed through making false statements to the public, 
or concealment of any fact that ought to be  notified to the public, the offe nder shall be liable to 
imprisonment not exceeding five years, or a fine not exceeding five hundred thousand baht, or both.  
Section 114/4   Any person who in bad faith claims the benefits under an insurance policy or presents 
false evidence for the claim wi ll be liable to imprisonment not exceeding three years or a fine not 
exceeding three hundred thousand baht, or both.  
A person who, in manner, assists or facilitates any other person in committing the offence under 
paragraph one shall be liable to punishmen t under paragraph one.  WT/TPR/M/ 400/Add.1  
 
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 Section 114/5   Any person who gives, demands, or agrees to give any property or benefit to or for 
a director, person who has power of management, an officer, employee or person authorized by the 
company in order to induce compensatio n or payment or provision of benefits under an insurance 
policy which should not be made in accordance with law shall be liable to imprisonment not exceeding 
five years, or a fine not exceeding five hundred thousand baht, or both.  
A person who asks for, re ceives, agrees to accept any property or benefit for him or herself, or for 
other, in order to receive compensation or payment or benefits under an insurance policy which 
should not be made in accordance with law shall be liable to imprisonment not exceedi ng five years, 
or a fine not exceeding five hundred thousand baht, or both.  
Párrafo 122, páginas 162 -163 
"Con arreglo a la ley vigente, los servicios de seguros de vida y seguros distintos de los seguros de 
vida solo pueden ser suministrados por una sociedad anónima o una sucursal de una compañía de 
seguros extranjera (no se permite el establecimiento de más de una sucursal). En ambos casos se 
requiere la correspondiente licencia. La solicitud de licencia para emprender una actividad 
aseguradora deber á presentarse al Ministro de Hacienda; si se aprueba, el inversor interesado 
deberá constituir una sociedad anónima, entregar un depósito de seguridad a la OIC y establecer un 
fondo de capital suficiente en el plazo de los seis meses siguientes a la consti tución de la sociedad. 
La licencia se expide cuando se cumplen esas condiciones. Una compañía de seguros de vida 
autorizada no puede intervenir en actividades de seguros distintos de los seguros de vida, y 
viceversa. Como el mercado local de seguros está s aturado, el Gobierno no ha expedido nuevas 
licencias desde 1997; en lugar de ello, alienta a las compañías de seguros a realizar fusiones y 
aumentar la participación del capital extranjero. Actualmente, las autoridades deliberan sobre la 
estructura del mer cado de seguros, en particular con respecto a la participación de agentes virtuales 
de otros países. En 2018 se anuló la licencia de una compañía de seguros distintos de los seguros 
de vida debido a su fragilidad financiera ".  
Question  
El párrafo 4.122 dis pone algunos requisitos para suministrar seguros de vida y seguros distintos de 
los seguros de vida. Entre ellos, la solicitud de licencia deberá presentarse ante el Ministerio de 
Hacienda. En relación con ello, Chile agradecería a Tailandia compartir los criterios y requisitos que 
observa el Ministerio de Hacienda para el otorgamiento de las licencias, así como los plazos del 
procedimiento. Junto con ello, Chile agradecería si Tailandia pudiera ahondar en las razones de por 
qué no se han expedido nuevas li cencias desde 1997, más allá de la razón indicada (saturación de 
mercado).  
[Paragraph 4.122 mentions some requirements to provide life and non -life insurance. Among them, 
a license application must be submitted to the Ministry of Finance. Chile would appre ciate information 
about the requirements for granting such licenses and the timeframes/due dates involved. Chile 
would also like to know more about why no new licenses have been issued since 1997, other than 
stated reasons of market saturation. ] 
Answer  
According to the Notification on Establishment Insurance Company, 1995, the summary of the 
licensing criteria and requirement are as follows : 
1) Sound business and financial plans  
2) Qualifications of Shareholders, Board of Directors and Senior management  
3) No relationship in term of shareholding and management with existing insurance 
company  
4) Minimum capital requirement 500 million Baht for a life insurance company and 300 
million Baht for a non -life insurance company.  WT/TPR/M/ 400/Add.1  
 
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 Supporting documents for applying a license :  
1) An application (company name, location of head quarter and registered capital etc.)  
2) Biography of founders  
3) 5 years business plan  
4) Biography of executive  
5) Expected exp enditure for establishing a company  
6) Expected premium . 
Registration : After the application is approved, the company shall register as a limited company or 
public limited company within 90 days from the date of receipt of approval to establish a company.  
Submission of applications : A person who wishes to establish a limited company or a public limited 
company and obtain a life insurance business license or a non -life insurance business license for the 
year 1995 may submit an application and place a deposit sp ecified herein within three months from 
the date of publication hereof in the Government Gazette.  
[Why no new licenses have been issued since 1997, other than stated reasons of market saturation? ] 
The roadmap for insurance liberalization in Thailand is con sist of three  phases as follows : 
Phase 1  New License for domestic insurer  
In 1997: New licenses were issued to increase the number of life and non -life insurance companies.  
Phase 2  Increase  portion of foreign shareholder up to 49% (Amend Insurance Act)  
In 2008:  
• Up to 49 % with approval from OIC Board  
• Excess of 49% with approval from MOF with OIC Board recommendation only in a case 
that the company 's standing or operations are of a condition that might cause damage to 
the insured or the public   
In 2015:  
• Add the case of Excess of 49% for the purpose of strengthening the stability of the 
company or insurance business . 
Phase 3  New license for foreign insurer  
4.5.2  Comunicaciones  
4.5.2.1  Telecomunicaciones  
Párrafo 4.145, página 168  
"En lo que respecta a la conexión a la red troncal nacional, Tailandia adopta una política de "red de 
acceso abierto". Siempre que los proveedores de servicios apliquen una tarifa justa y asequible para 
la última milla, todo operador con licencia podrá conectarse a l a red gratuitamente, previa solicitud 
presentada al MDES. Si un operador con licencia que posea su propia red rechaza una solicitud de 
acceso presentada por otro operador, se cobrará a este último la conexión a la red troncal ".  WT/TPR/M/ 400/Add.1  
 
- 53 - 
 
 Question  
El párrafo 4.145 i ndica que se debe aplicar una tarifa justa y asequible para conectarse a la red 
troncal nacional. Al respecto , Chile agradecería Tailandia compartir a qué se refiere con el término 
"tarifa justa y asequible ". Específicamente, agradecemos si Tailandia pudie ra indicar si existe algún 
estándar predefinido, o se estudia caso a caso.  
[Paragraph 4.145 indicates that a "fair and affordable last -mile rate " must be applied to connect to 
the national backbone. In this regard, Chile would appreciate sharing what Thailand means by the 
term "fair and affordable last -mile rate ". Specifically, we appreciate if Thailand could indicate if there 
is a defined standard , or if this rate is determined on a case -by-case basis. ] 
Answer  
With the Open Access Network policy, it allows the telecom operators to connect to the network 
(national backbone) and able to install the fiber optic cables from the connecting point to the houses 
in the target areas. This policy will reduce the investment cost for the telecom operators (no 
connecting charge) and will lower the internet charges under the circumstances of free competition. 
The rate will be determined by the market mechanism.  
4.5.3 Transporte  
4.5.3.1  Aviación civil  
Párrafo 4.163, página 171  
"En Tailandia no se permite el cabotaje "  
Question  
El párrafo 4.163 establece que en lo que respecta al transporte aéreo, Tailandia no permite el 
cabotaje. Al respecto , Chile agradecería a Tailandia indicar el motivo de esta prohibición, junto con 
compartir si se ha evaluado permitir este tipo de servicio.  
[Paragraph 4.163 mentions that with regards to air transport , Thailand does not allow cabotage. 
Chile would like to know the reason for this prohibition and whether allowing it has been considered. ] 
Answer  
Thailand pursues the gradual liberalization policy in air services and has not yet considered allowing 
cabotage.  
Párrafo 4.169, página 172  
"La participación extranjera en la explotación y gestión de los aeropuertos está restringida. Los 
operadores de los aeropuertos no pueden tener más de un 49% de capital extranjero, y la dirección 
y administración de la empresa ha de estar a cargo de ciudadanos tailandeses. Actualmente no hay 
participación extranjera en el sector de la explotación y gestión de los aeropuertos "  
Question  
El párrafo 4.169 indica que actualmente no habría participación extranjera en el sector de la 
explotación y gestión de los aeropuertos. Al respecto, Chile agradecería a Tailandia informar si 
existen medidas para incentivar la participación extranjera en dicho sector y, en caso de exi stir 
medidas, pudiese indicar en qué consisten. Junto con ello, Chile agradecería si Tailandia pudiera 
compartir si han tenido conocimiento de las razones por las cuales no habría participación extranjera 
en el sector de la explotación y gestión de los aer opuertos.  
[Paragraph 4.169 mentions that there is currently no foreign participation in airport operation and 
management. Chile would like to know if measures to incentivize foreign participation are being WT/TPR/M/ 400/Add.1  
 
- 54 - 
 
 considered, and if so what they are. Chile would a lso like to know if Thailand knows of a reason why 
there is no foreign participation in airport operation and management. ] 
Answer  
Thailand does not have any policy to change the liberalisation in the near future. However, foreigners 
can participate in airp ort operation by investing in the stock, but the total of foreign equity must not 
have more than 49% of all equity. Also, for the business management, foreigners can participate in 
the operation but there must be controlled by Thai nationals.  
4.5.3.2  Transporte terrestre  
4.5.3.2.1  Transporte por carretera  
Párrafo 4.183, página 175  
"Las empresas de transporte de carga pueden ser en un 100% de propiedad privada, pero la 
participación extranjera no puede superar el 49% del capital. En el mercado del trans porte de carga 
predominan los operadores privados. Los cinco principales transportistas en términos de ingresos 
son empresas privadas. Las tarifas del transporte de carga no están reguladas ".  
Question  
El párrafo 4.183 señala que en lo relativo a los servi cios de transporte terrestre por carretera, las 
tarifas del transporte de carga no estarían reguladas. Al respecto, Chile agradecería si Tailandia 
pudiera compartir si existe algún motivo en particular por el cual las tarifas mencionadas no están 
reguladas . Junto con ello, Chile agradecería a Tailandia indicar si sus autoridades han evaluado la 
posibilidad de regular dichas tarifas.  
[Paragraph 4.183 mentions that the price of road freight transport  is unregulated. Chile would like 
to know why the decision not to regulate these rates was made, and whether regulating them in 
future is under consideration. ] 
Answer  
The price of road freight transport is upon to market price. Therefore, transport operato rs are allowed 
to compete freely in the market. Nonetheless, the Department of Land Transport currently has not 
had any new policy on price of road freight transport.  
4.5.4  Turismo  
Párrafo 4.201, página 178  
"El 15 de febrero de 2019 Tailandia puso en march a un sistema de visados electrónicos para que los 
visitantes extranjeros puedan solicitar un visado de entrada con mayor facilidad. El sistema se 
implantó en primera instancia para los solicitantes de visados de China, Francia y el Reino Unido. 
Las autorid ades han señalado que el Gobierno tiene previsto ampliar el servicio de visados 
electrónicos a todas sus misiones diplomáticas. Su objetivo es proporcionar a los extranjeros un 
canal eficaz y cómodo para solicitar   visados de entrada en Tailandia. " 
Question  
El párrafo 4.201 dispone que, a partir de febrero de 2019, Tailandia puso en marcha un sistema de 
visados electrónicos para los visitantes extranjeros. Al respecto, Chile agradecería a Tailandia 
compartir cómo se complementa este nuevo sistema de visados electrónicos con la recién lanzada 
visa ASEAN.  
[Paragraph 4.201 mentions that as of February 2019 , Thailand has launched the e -visa system for 
foreign visitors. Chile would like to know how this new electronic visa system is complemented with 
the recently launched ASEAN visa. ] WT/TPR/M/ 400/Add.1  
 
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 Answer  
Presently, ASEAN nationals can travel freely due to bilateral agreements between ASEAN member 
countries themselves. The discussion of ASEAN common visa is still on going. Amidst the COVID -19 
pandemic, Thailand 's e-Visa system is an important mechanism to effectively screen and facilitate 
all non -Thai nationals who are currently required to apply for visa to enter Thailand.  
QUESTIONS REGARDING THE REPORT  BY THE GOVERNMENT  - WT/TPR/G/400  
3 EVOLUCIÓN DE LA POLÍTICA ECONÓMICA Y COMERCIAL, 2015 -2019  
3.3 Acuerdos comerciales regionales y cooperación económica  
3.3.3  Foro de Cooperación Económica de Asia y el Pacífico (APEC)  
Párrafo 3.110, página 29  
"Habida cuenta de los distintos niveles de desarrollo económico, Tailandi a está a favor de establecer 
un mecanismo de creación de capacidad que promueva la competitividad de las mipymes para que 
puedan integrarse en las cadenas de valor mundiales y, de esa forma, lograr un desarrollo inclusivo 
y sostenible. Eso incluye también iniciativas para promover la integración económica regional a fin 
de reducir los obstáculos al comercio y mejorar la facilitación del comercio "  
Question  
En relación con lo indicado en el párrafo 3.110: "Tailandia está a favor de establecer un mecanismo 
de creación de capacidad que promueva la competitividad de las mipymes para que puedan 
integrarse en las cadenas de valor mundiales ", Chile agradecería a Tailandia compartir mayor 
información sobre si existen actualmente mecanismos que busquen profundizar la competitividad de 
las pymes. De ser así, Chile agradecería si Tailandia pudiera compartir antecedentes respecto a 
dichos mecanism os.  
[According to  paragraph 3.110: "Thailand supports capacity building mechanism that aims to 
promote MSMEs ' competitiveness to integrate into Global Value Chains (GVCs) to realize an inclusive 
and sustainable development ", Chile would like to know if th ere are currently programs in place to 
increase competitiveness of MSMEs. If so, Chile would like to know more about them. ] 
Answer  
APEC SME Working Group Projects in 2019 - 2020 co -sponsored by Thailand  
Project title Project 
year Proposing 
Economy  
1. APEC Cross -Sector Innovation Ecosystem Conference: Strengthening Networks 
of SMEs Co -Innovation for Better Future (self -funded)  2020 Chinese Taipei  
2. APEC SME Business Forum - Promoting Resilience and Sustainability of SMEs 
(2020 -2021) (self -funded)  2020 China  
3. 2020 APEC SMEs Smart Factory Forum (self -funded)  2020 ROK 
4. 2020 APEC SME Cyber Security Forum (self -funded)  2020 ROK 
5. APEC Women -Led Start -Up Accelerator Initiative  2020 Chinese Taipei  
6. 2020 APEC Business Ethics for SMEs Forum: Realizing the Nanjing Declaration 
to Universal Code of Ethics Adoption  2020 United States  
7. APEC Young Entrepreneurs Kick -Off 2019 Malaysia  
8. The 11th APEC SME Technology Conference and Fair (APEC SMETC)  2019 China  
9. From Platforms to Payments: Promoting Growth and Innovation for Women 
Entrepreneurs through E -Commerce  2019 United States  
 
  WT/TPR/M/ 400/Add.1  
 
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 CHINA  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Page s 8-9, Paragraph 6 
The report states that 6. In addition to the immediate threats to its economic outlook, looking 
forward, Thailand faces some important challenges. Domestic structural constraints, notably low 
levels of public and private investment, added to the effect of natural disasters and socio -political 
tension s, have weighed on Thailand 's recent economic performance. Persistent inequality also 
remains a challenge, as income and regional disparities have increased in recent years. Thailand will 
also need to complete fiscal reform to face the increasing spending requirements associated with a 
rapidly aging population, and deal with structural problems in its labour market, including the 
existence of a large informal sector. Another challenge is to achieve higher and sustained increases 
in total factor productivity , a key indicator of international competitiveness. Thailand 's prospects of 
sustained economic growth could be further improved by increasing public and private investment, 
implementing policies to enhance innovation, productivity and competitiveness, and pursuing the 
liberalization of trade and investment, particularly in the services sector.  
Question  1 
What is Thailand 's plan to upgrade the economy structure?  
Answer  
Section 65 of the Constitution of the Kingdom of Thailand stipulates that the State should develop a 
national strategy which to be employed as the country 's goal for sustainable national development 
in accordance with the principle of good governance. The National Strategy shall be employed as a 
framework for formulating consistent and in tegrated plans in a congruous drive to achieve the 
aforementioned goals in accordance with the rules and procedures enumerated by national strategy 
legislation. In this context, the National Strategy Act B.E. 2560 (2017) was drawn up and the 
National Strat egy Committee (NSC) has been mandated to develop the draft National Strategy. The 
Act also specifies procedures for public participation in formulation of the National Strategy, including 
monitoring, inspection and evaluation, and measures for encouraging and supporting all civic sectors 
to comply with the National Strategy. The National Strategy (2018 -2037) is the country 's first 
national long -term strategy developed pursuant to the Constitution. It shall be pursued to ensure 
that the country achieves its vision of becoming "a developed country with security, prosperity and 
sustainability in accordance with the Sufficiency Economy Philosophy" with the ultimate goal being 
all Thai people 's happiness and well -being.  
The implementation of the National Strategy  is cascaded through levels of plans as endorsed by the 
Cabinet 's resolution on 4th December 2017. National Strategy is the 1st level of plans; followed by 
4 2nd level of plans including 23 Master Plans under the National Strategy, 13 Country Reform Plans,  
12th National Economic and Social Development Plan and National Security Plan; and government 
agencies ' 3rd level of plans.  
23 Master Plans under the National Strategy are a key implemented tool to evaluate milestones of 
achievement as they have targeted  goal values specified for each five years. Furthermore, the 
Cabinet, on 3rd December 2019, endorsed the key responsible government agencies for each Master 
Plans with the main task being to ensure collaboration and integration between related government 
agencies to move forward to the same direction to successful achieve the vision.  
Question 2  
Please provide some examples of the informal sectors. Who are mainly involved in those sectors? 
What is the impact of these sectors on Thailand 's economy?  
Answer  
The informal sector in Thailand contributes around 55 % of labour force. It is mainly consist of 
agricultural labours, self -employed, and unpaid family workers. Hence the informal sector has a WT/TPR/M/ 400/Add.1  
 
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 significant role to the Thai economy particularly in agricultural and services sectors. During the 
COVID -19 pandemic, this group are more feeble than the formal sector since they are not 
compulsory contribute to social security fund and have weaker social safety net.  
Page 9 , Paragraph 7 
The report states tha t Since Thailand 's last Review, a new Constitution was promulgated in 2017, 
and general elections were held in 2019. The new Government issued the National Strategy 
(2018 -2037), underpinned by its development policy, Thailand 4.0. The latter aims at transf orming 
Thailand into a value -added, innovative, and knowledge -based economy through, inter alia , 
promoting innovation and the development of new technology -based industries, and enhancing 
Thailand 's position as a regional hub by upgrading its physical infr astructure.  
Question 3  
Please specify the significant changes of the new Constitution . 
Answer  
One of the notable changes in the current Thailand 's Constitution is the requirement (Section 65) 
for the State to develop a "national strategy " as a blueprint f or the country 's economic and social 
development in the long run based on sustainability and good governance.  
Consequently, 20 -year National Strategy (for 2018 -2037) has been introduced for the first time, 
with six areas to be addressed, namely 1) National Strategy on Security 2) National Strategy on 
Competitiveness Enhancement 3) National Strategy on Developing a nd Strengthening Human 
Capital 4) National Strategy on Social Cohesion and Equity 5) National Strategy on Eco -Friendly 
Development and Growth and 6) National Strategy on Public Sector Rebalancing and Development.  
Moreover, under the Chapter XVI, National R eform, Section 257 -261, prescribes that in order to 
facilitate national policies towards peaceful nation and society for the sake of good quality of people 's 
lives, national reform in various areas shall be carried out. Certain aspects of economic reform a re 
stipulated in the Constitution including, 1) eliminating obstacles and promoting competitiveness 
2) establishing mechanism to promote and support innovation and modern technologies in the 
economic development 3) improving the taxation and budgeting syst ems 4) establishing a 
mechanism to promote competitiveness of cooperatives and social enterprises and green enterprises 
of all sizes and establishing a mechanism to increase employment opportunities.  
Section 270 also mandates the Senate, during its first 5 -year term, to follow up and accelerate the 
outlined national reforms.  
In comparison with the Constitution of the Kingdom of Thailand B.E. 2550 (2007), the current 
Constitution still preserves the parliamentary mandate in ratifying treaties and giving approval to 
international negotiations, despite the fact that two provisions in the previous Constitution 
(Section  190) have been amended, i.e., the specified and inflexible timeframe (60 days) for the 
parliament to give approval, as well as the req uirement for the cabinet to present the draft treaties 
or negotiation frameworks to the parliament before concluding an agreement with other states or 
becoming a party to treaties.  
The official translation of the Constitution can be found at:  
http://web.krisdika.go.th/data/document/ext849/849061_0001.pdf . 
Question 4  
How will Thailand implement the policy of Thailand 4.0 ? What measures have been taken and to be 
taken?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thailand 4.0 concentrates on driving economy by using technology and innovation. Thailand has 
recently urged to changing in primary industries through the targeted industries which require the 
intensity of technology and innovation, for example, the supportin g of electric vehicle, robotics and 
mechanical industry, aviation parts, medical supplies, and bioenergy. Nevertheless, government has 
already implemented measures, which are the investment promotion scheme and the specific 
support for facilitating each in dustry, to bolster Thailand 4.0.   
Page 11, Paragraph 20 
They must obtain approval to engage in sugar production, rice milling and flour production from rice 
and other crops.  
Question 5 
Please specify the qualifications and items for examination and approval.  
Answer  
For the rice milling production, after a fore igner is granted an approval to operate business in 
Thailand under the Foreign Business Act B.E. 2542 (1999), s/he will need to apply for a rice trading 
license under the Rice Trade Act B.E. 2489 (1946) by submitting the documents such as a certificate 
of juristic person showing a purpose of rice trading (certified before the time of application no more 
than one month), list of shareholders, factory business license, map of the office, etc. If it is a limited 
company or a public company limited, majority of  the board members must hold a Thai nationality, 
and there must be at least one person of Thai nationality with an authority to endorse any application 
forms and certify copies of documents.  
Normally, applications for permission will be approved within a d ay if all the supporting documents 
are complete. The authorization will be valid for one year from the date of approval and must be 
renewed every year.  
For more information, please visit https: //www.dit.go.th/Content.aspx?m=9&c=1078 . 
Page 14 , Paragraph 1.8 
The reports states that in response to the pandemic, the Government has implemented a 
comprehensive package of monetary and fiscal measures. …The relief measures primarily target the 
most vulnerable households and businesses (in particular, informal workers and SMEs) and consist 
mainly of cash transfers, provision of soft loans, and tax relief measures (Table 1.2). Increased 
spending on local infrastructure projects is also contemplated. At  the beginning of June 2020, the 
Finance Minister announced plans to introduce new stimulus measures from the third quarter onward 
to spur domestic consumption and tourism.  
Question 6  
How about the effectiveness of these monetary and fiscal measures?   
Answ er 
Those policies partially relieved the impact of the pandemic, particularly to the sector that has 
substantially effected such as tourism sector.  
Question 7  
Please share more information on motivating the development of tourism and effectively preventing 
the spreading of COVID -19? WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thailand 's tourism industry is heavily affected by the dramatic reduction in the number of inbound 
international tourists and domestic travels. Therefore, to relieve the impact on the tourism industry, 
10,000 million baht of soft loans is designated for the Government Savings Bank to lend and preserve 
liquidity amongst SMEs in the tourism sector. Several programs are issued to stimulate domestic 
spending on hotel stays, restaurant dining, and retail shop ping. In the "We Travel Together" 
campaign, for example, the government subsidizes up to five million room nights of hotel 
accommodation at 40% discount of normal room rates and also provides daily allowance for food 
and services through government e -wallet application to registered applicants.  
Meanwhile, to help prevent the spread of COVID -19 and safeguard public health, Thailand enforces 
the screening, quarantine, and testing requirements for travelers from abroad to ensure that a 
COVID -19 case can be det ected early and travelers are free from the virus before they visit public 
places. Domestic and international travelers are encouraged to use mobile phone applications to 
check into locations which they visit so as to enable effective contact -tracing if a case of COVID -19 
happens to be linked to such locations. Many locations, including public transportations, also require 
mask -wearing and provide hand sanitizers for visitors to reduce the probability of a spread. Overall, 
a strong, well -resourced and inclu sive medical and public health system, early and effective 
management of patients in hospitals, and a strong capacity to trace and quarantine contacts are key 
to preventing the spread of COVID -19. 
Page 29 , Paragraph 1.47 
The reports states that FDI inflows  into Thailand were volatile during the period under review. After 
a sharp decrease in 2016, consistent with a general drop of FDI to emerging markets in Asia, 
FDI inflows rebounded in the following years, reaching a peak of USD 13,2 billion in 2018 (drive n 
mainly by investments in real estate and the financial sector), only to fall again significantly in 2019 
(Table  1.7). 
Question  8 
Please specify the reason on decrease of the FDI in 2019 after the continue d increase from 2016 to 
2018?  
Answer  
The decrease of FDI in 2019 was primarily due to two causes. First of all, in March, 2019, there was 
a large transaction done by Thai energy corporate after it completed the acquisition of foreign 
energy -related company in Thailand in order to increase its production c apacity and enhance 
long-term performance. This transaction was considered as divestment of non -resident investors, 
hence it decreased FDI inflows of the approximate amount of USD 3 billion. Secondly, from the 2nd to 
4th quarters in 2019, reinvested earnings, which is partly affected by operating profits, modestly 
dropped from previous year in several sectors primarily due to the ongoing softening domestic 
demand and the negative impact of trade war on Thai exports.  
Page 38, Paragraph 2.19 
The reports states that Thailand has been an active user of the WTO 's dispute settlement 
mechanism. Overall, the country has been involved directly in 18 cases: 14 as a complainant and 
4 as a respondent. It has also participated as a third party in 93 case s. During the period under 
review, Thailand was involved in two new dispute settlement cases: one as a complainant, and the 
other as a respondent. In addition, it kept engaged in the new developments of a previous dispute 
brought by the Philippines against  certain Thai customs and fiscal measures on cigarettes. In this 
case, in September 2019, Thailand appealed the second compliance panel report (Article 21.5 of the 
DSU)18, which was circulated on 12 July 2019.  
Question  9 
Please provide more information of the 18 cases and two new dispute settlement cases?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Information on each of the 18 WTO dispute settlement cases involving Thailand either as 
complainant or respondent, including the two new cases, can be viewed at the following links:  
No. Name of disp ute Date of 
request for 
consultations  Complainant  (s) Respondent  (s) Web link for more information  
1. DS17: European 
Communities - Duties on 
Imports of Rice  5 October 
1995 Thailand  European 
Communities  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds17_e.htm  
2. DS35: Hungary - Export 
Subsidies in respect of 
Agricultural Products  27 March 1996  Argentina; 
Australia; 
Canada;  
New Zealand; 
Thailand; United 
States  Hungary  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds35_e.htm  
3. DS47: Turkey - 
Restrictions  on Imports 
of Textile and Clothing 
Products  20 June 1996  Thailand  Turkey  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds47_e.htm  
4. DS58: United States - 
Import Prohibition of 
Certain Shrimp and 
Shrimp Products  8 October 
1996 India; Malaysia; 
Pakistan; 
Thailand  United States  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds58_e.htm  
5. DS122: Thailand - Anti-
Dumping Duties on 
Angles, Shapes and 
Sections of Iron or Non -
Alloy Steel and H Beams 
from Poland  6 April 1998  Poland  Thailand  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds122_e.htm  
6. DS181: Colombia - 
Safeguard Measure of 
Imports of Plain 
Polyester Filaments from 
Thailand  7 September 
1999 Thailand  Colombia  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds181_e.htm  
7. DS205: Egypt - Import 
Prohibition on Canned 
Tuna with Soybean Oil  22 September 
2000 Thailand  Egypt  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds205_e.htm  
8. DS217: United States - 
Continued Dumping and 
Subsidy Offset Act of 
2000 21 December 
2000 Australia; Brazil; 
Chile; European 
Communities; 
India; 
Indonesia; 
Japan; Korea, 
Republic of; 
Thailand  United States  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds217_e.htm  
9. DS242: European 
Communities - 
Generalized System of 
Preferences  7 December 
2001 Thailand  European 
Communities  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds242_e.htm  
10. DS283: European 
Communities - Export 
Subsidies on Sugar  14 March 2003 Thailand  European 
Communities  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds283_e.htm  
11. DS286: European 
Communities - Customs 
Classification of Frozen 
Boneless Chicken Cuts  25 March 2003  Thailand  European 
Communities  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds286_e.htm  
12. DS324: United States - 
Provisional Anti -
Dumping Measures on 
Shrimp from Thailand  9 December 
2004 Thailand  United States  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds324_e.htm  
13. DS343: United States - 
Measures Relating to 
Shrimp from Thailand  24 April 2006  Thailand  United States  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds343_e.htm  
14. DS370: Thailand - 
Customs Valuation of 
Certain Products from 
the European 
Communities  25 January 
2008 European 
Communities  Thailand  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds370_e.htm  
15. DS371: Thailand - Customs 
and Fiscal Measures on 
Cigarettes from the 
Philippines  7 February 
2008 Philippines  Thailand  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds371_e.htm  WT/TPR/M/ 400/Add.1  
 
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 No. Name of disp ute Date of 
request for 
consultations  Complainant  (s) Respondent  (s) Web link for more information  
16. DS383: United States - 
Anti-Dumping Measures 
on Polyethylene Retail 
Carrier Bags from 
Thailand  26 November 
2008 Thailand  United States  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds383_e.htm  
17. DS507: Thailand - 
Subsidies concerning 
Sugar  4 April 2016  Brazil  Thailand  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds507_e.htm  
18. DS573: Turkey - 
Additional duties on 
imports of air 
conditioning machines 
from Thailand  5 December 
2018 Thailand  Turkey  https://www.wto.org/english/tratop
_e/dispu_e/cases_e/ds573_e.htm  
Page 40, Paragraph 2.29 
The reports states that the ASEAN Agreement on Electronic Commerce, signed in 2019 and currently 
under the ratification process, aims to facilitate cross -border e -commerce transactions, contribute 
to creating an environment of trust in the use of e -commerce, and intensify e -commerce to drive 
inclusive growth. The Agreement covers provisions on paperless trading, electronic authentication 
and electronic signatures, onli ne consumer protection, cross -border transfer of information by 
electronic means, online personal information protection, and the location of computing facilities, 
among others. Also, the ASEAN Digital Integration Framework was developed in 2018, followed by 
the ASEAN Digital Integration Framework Action Plan 2019 -2025, which focuses on facilitating 
seamless trade, protecting data while supporting innovation, enabling seamless digital payments, 
broadening the digital talent base, and fostering entrepreneurs hip. 
Question 10  
What obstacles and new challenges that the ASEAN Agreement on Electronic Commerce may bring?  
Answer  
ASEAN Agreement on Electronic Commerce aims to coordinate and cooperate the development and 
use of e -commerce in ASEAN as well as facilitate cross -border e -commerce transactions in the 
region. However, due to the rapid technological changes, ASEAN might need to review the 
Agreement more frequently to keep up with the fast -changing technological development and 
explore additional area s of cooperation.  
Page 44 , Paragraph 2.42 
It is stated that the industries in List 2 are permitted only if foreign investors obtain prior approval 
from the Cabinet and a licence from the Minister of Commerce (MoC). Moreover, they are subject to 
a foreign equity limit of 60% (up to 75% in some cases), and at least two fifths of the board of 
directors must be Thai nationals. List 2 industries include those concerning national safety and 
security, and those which have an impact on the arts, culture, t radition, local handicrafts, natural 
resources or the environment.  
Question 11  
Please specify more information on specific procedures and requirements for the licence? Is there 
any plan to release the barriers on board of directors for those foreign invest ors so as to encourage 
the foreign investment?  
Answer  
Foreigners who operate businesses under List 3 must obtain foreign business license (FBL) under 
FBA and sector -specific license under sectorial regulation (if any).  
In granting permission to foreigners  for the operation of businesses under the FBA, the Foreign 
Business Commission shall consider advantageous and disadvantageous effects on national safety WT/TPR/M/ 400/Add.1  
 
- 62 - 
 
 and security, economic and social development of the country, public order or good morals, national 
values in arts, culture, traditions and customs, natural resources conservation, energy, 
environmental preservation, consumer protection, sizes of undertakings, employment, technology 
transfer and research and development.  
To review the regulated businesses  under the FBA, the regulation promulgation process is required 
to hold public hearings from stakeholders and sector regulators are held. The result based on pros 
and cons usually requires sufficient information for the Commission to remove the regulated 
businesses from the list.  
Page 46 , Paragraph 2.48 
Thailand has a relatively complicated tariff structure. Non -ad valorem  duties account for 8% of all 
tariff lines (860 out of 10,813). Specific duties are applied on 37 tariff lines (mainly petroleum oils; 
playing cards and tables designed for games; and undenatured ethyl alcohols). Alternate rates (the 
higher of an ad valorem  rate and a specific duty) apply to 823 tariff lines. It was not possible to 
calculate ad valorem  equivalents (AVEs) for a number of non -ad valorem  tariffs.  
Question 12  
Is there any plan to simplify the complicated tariff structure?  
Answer  
Thailand revises its tariff structure on a regular basis and the tariff rates have been reduced 
according to the country 's economic situation. Should there be any circumstances such as changes 
in economics, trade or investment which make tariff reductions deem appropriate or necessary, the 
tariff structure will be revised accordingly.  
Page 61 , Paragraph 3.49 
Between 1995 and end -2019, Thailand in itiated 84 anti -dumping cases, including 23 after 2015.22 
It notified to the WTO that, as at 30 June 2020, 43 anti -dumping measures in the form of duties 
were in force on 12 types of products: 10 types of steel or steel alloys; citric acid; and inner tubes  
of rubber for motorcycles.23 Thirty of these measures were extensions of existing measures beyond 
their sunset period.  
Question 13  
Are there any relief measures for steel companies once the cases are initiated?  
Answer  
The relief measures shall be considered and granted case by case upon a request by interested 
parties.  
Page 78, Paragraph 3.119  
The Policy Committee of Special Economic Zones, under the Office of National Economic and Social 
Development Council, stipulates targeted industries for each Zone, i.e. each Zone has different 
targeted activities depending on local potential, limitations, and needs. The 13 targeted industries 
are: agriculture and fisheries, and related industries; ceramics; textile, garment, and leather 
industries; furniture manufacturing; gems and jewellery; medical equipment manufacturing; 
automotive, machinery, and parts; electrical appliances and electronics; plastic production; medicine 
production; logistics; industrial estates/zones; and tourism -related  industries.  
Question 14  
Whether Traditional Chinese Medicine is included among the 13 targeted industries, especially in the 
area of medicine production?  WT/TPR/M/ 400/Add.1  
 
- 63 - 
 
 Answer  
Yes, the manufacture of medicine is one of the 13 targeted industries for investment in the Sp ecial 
Economic Zones (SEZs). However, a proposed project will be granted investment incentives, subject 
to investment criteria stipulated by the Board of Investment (BOI), namely : 
1) For conventional medicine projects, such promoted projects must achieve GMP standard 
prescribed by PIC/S within two years from the full operation start -up date.  
2) For traditional medicine projects, such promoted projects must achieve GMP standard 
within two years from the full operation start -up date.  
3) For the improvement of existing  projects, existing machinery can be used in the 
promoted project, but its value shall not be included in the investment amount eligible 
for corporate income tax exemption.  
An investment incentive for the manufacture of medicine is different from one SEZ t o another. A 
proposed project on the manufacture of medicine established in Tak, Sakaeo, Nakhon Phanom, 
Chiang Rai, and Kanchanaburi SEZs will be granted investment incentives at a high level, such as 
the exemption of corporate income tax up to eight years (subject to cap which accounts for 100 % 
of investment capital) and additional 50 % corporate income tax reduction for five years. Whereas a 
proposed project on the manufacture of medicine established in the other five SEZs (Songkhla, 
Mukdahan, Trat, Nong Khai, and Narathiwat) will be granted incentives such as 3 -year exemption of 
corporate income tax.  
For more information, please visit https://www.boi.go.th/upload/content/BOI -A%20Guide_EN.pdf  
Page 82 , Paragraph 3.138  
The report states that in September 2019, Thailand introduced "Thailand Plus", a stimulus package 
aimed at attracting foreign businesses to relocate and to expedite large -scale investment, and at 
strengthening workfo rce development. The new measures include an enhanced incentive package 
for projects worth at least THB 1 billion of investment, additional incentives for companies engaged 
in human resource development, and revised incentives to encourage corporations to set up science, 
technology, engineering, and mathematics (STEM) education or vocational training institutions.  
Question 15  
Please provide more details on "Thailand Plus" package, especially those additional incentives for 
companies engaged in human resourc e development? How will the government ensure foreign 
companies get the same treatment as the local companies?  
Answer  
Additional incentives include additional corporate income tax. Thailand Board of Investment 's 
investment promotion scheme is on non -discri minatory basis.  
Pages 82 -83, Paragraph 3.140  
Since the previous Review, there have been no major changes to the institutional framework for 
standards and conformity assessment. The Thai Industrial Standards Institute (TISI), under the 
Ministry of Industry, was established in 1969 under the Industrial  Product Standards Act B.E. 2511 
(1968). It is responsible for developing national standards (both voluntary and compulsory), product 
certification and registration, and participating in the standardization activities both at regional and 
international lev els.  
Question  16 
Has TISI developed national standards (both voluntary and compulsory) on food? If so, what are 
the differences between the national standards on food developed by TISI and the food standards WT/TPR/M/ 400/Add.1  
 
- 64 - 
 
 set by ACFS? What are the different mandates in  developing and revising food standards, or is there 
a partnership between TISI and ACFS?  
Answer  
To comply with the strategy and policy of Ministry of Industry, the Thai Industrial Standards Institute 
(TISI) develops national standards concerning the proce ssed agricultural products and processed 
food products only. All of them are voluntary standards and notified to the National Bureau of 
Agricultural and Food Standards (ACFS).  
Question 17  
What are the specific responsibilities of FDA in managing food safety?  
Answer  
Thai FDA is responsible for food safety for domestic consumption under Food Act B.E. 2522 (1979).  
Page 83 , Para graph  3.142  
For each standard in preparation, a technical committee, made up of the responsible national 
standards body and other interested parties, develops a draft standard. The draft standard is then 
circulated for comment, with final approval by the Industrial Pr oducts Standards Council. Thailand 
also notifies the draft standard to the WTO Committee on Technical Barriers to Trade for comments. 
Voluntary standards may be made compulsory by reference to technical regulations.  
Question  18 
Is this statement applicabl e to relevant standards and technical regulations on food safety?  
Answer  
Yes, similar process applies to the development of food safety standard under Food Act B.E. 2522 
(1979). Once food safety standard has been developed, the draft food safety standard is then 
circulated for comments, public hearing, and final approved by the Food Committee instead of the 
Industrial Products Standards Council.  
Question 19  
Please explain ways to effectively guarantee the conformity and harmonization between the 
voluntary  standards referred to and relevant technical regulations along with the development and 
revision of such provisions? Is there any possibility that related content of voluntary standards will 
be included into related technical regulations under revision?  
Answer  
In the process of developing a compulsory standard, the standard is developed as a voluntary 
standard first. The voluntary standard is regulated as a compulsory standard by the Industrial 
Products Standards Council 's approval; thereafter, public consultation is held to welcome comments 
from stakeholders. After completing the above mentioned process, the compulsory standard is 
published and enter into force. Therefore, the content in voluntary standard and compulsory 
standard is not much different.  
Page 89,  Paragraph  3.171  
Private traders with permission from the Excise Department may import or export tobacco or 
tobacco -related products. In 2014 and 2015, all cigarettes imported into Thailand were imported 
through the  TTM but in 2016 the TTM imported only a quarter of all cigarette imports.  WT/TPR/M/ 400/Add.1  
 
- 65 - 
 
 Question 20 
Please explain the sharp drop in cigarette imports through the TTM in 2016 and provide the import 
sources of other cigarettes.  
Answer  
According to the Tobacco Authority  of Thailand Act B.E. 2561 (2018), Thailand Tobacco Monopoly 
has changed its name to Tobacco Authority of Thailand (TOAT) which is an SOE under the supervision 
of the Ministry of Finance. However, during 2014 -16, the Excise Department did not issue any lic ense 
to import cigarettes to the TOAT. All cigarettes sold by the TOAT are made in Thailand.  
In 2016, Tobacco Authority of Thailand (TOAT) (former TTM) did not import other cigarettes for 
commercial. It imported cigarettes from sources for only experiment al purpose. For example, 
calibration; the imported cigarettes were used for calibrating to the standard scores of the machine 
in order to compare the nicotine content and other contents with TOAT 's cigarettes. These scores 
must be as accurate as the standa rd before launching the product to the market. The volume of 
cigarette imports in 2016 was 4,000 rolls in total from Japan and Germany.  
Page 90 , Paragraph 3.176  
We can see from the report that the Government has been using public private partnerships (PPPs) 
to further reform and improve the performance of SOEs, in particular to spur private investment in 
state enterprises and improve the infrastructure of the country. The Public Investment in State 
Undertakings Act (PISU Act), 1992, was re placed by the PISU Act, 2013, which requires the 
PPP Committee to publish a PPP Strategic Plan that is consistent with the National Economic and 
Social Development Plan (NESDP). In 2015, the first PPP Strategic Plan, covering the period 2015 -19 
and based o n the NESDP No. 11 was issued. In 2017, the second PPP Strategic Plan, covering the 
period 2017 -21 and based on the NESDP No. 12, was published. The focus of PPP projects was 
expanded from roads and rail, to cover new sectors such as airports, education, a nd health.  
Question 21  
Please provide more details on how PPPs improve the performance of SOEs, including the second 
PPP Strategic Plan.  
Answer  
On 11th March 2019, Thailand has established a new PPP Act, the Public Private Partnership Act 
B.E. 2562 (2019) (the PPP Act 2019) (replaced the former PPP Act, the Public Investment in State 
Undertakings Act B.E. 2556 (2013) (the PISU Act 2013).  
Section 12 of the PPP Act 2019 stipulates that the Public -Private Partnership Project Delivery Plan 
(the PPP  Delivery Plan) shall be prepared in a manner consistent with the Master Plans on the 
Infrastructure and Social Development under the National Strategy 2018 - 2037 (the Master Plan) 
as prepared by the Office of the National Economic and Social Development Council. Undertakings 
under this Act shall also be carried out for the purpose of achieving goals of PPP, including the 
consistency with the PPP Delivery Plan.  
In the PPP Policy Committee (the Committee) meeting on 15th April 2020, the Committee approved 
the PPP Delivery Plan 2020 -2027, which has been already published on the SEPO 's website at 
http://www.ppp.sepo.go.th/tinymce/p lugins/filemanager/thumbs//PPP%20Delivery%20Plan%202
020-2027_Mar2020%20(EN).pdf . 
The PPP Delivery Plan 2020 -2027 will play a significant role in setting out a PPP policy framework, 
which creates clarification for both public and private sectors, including the prioritization of PPP 
projects. The PPP Delivery Plan also helps draw private parties ' attention, and attracts them to jointly 
invest in PPP projects under the PPP Delivery Plan. This scheme can help reduce government 
budget/debt constraints, and incre ase the efficiency on the provision of public services by leveraging 
know -how, capability, expertise and innovation of private parties.  WT/TPR/M/ 400/Add.1  
 
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 Moreover, PPP also helps allocate risk from a state agency to private sector in the provision of 
infrastructure and publ ic services  
Page 96, Para graphs  3.196&3.197  
Question 22  
Please specify which national authority is excluded from the scope of the new Trade Competition 
Act? How to deal with the abuse of administrative power by these national authorities to exclude or 
restrict competition?  
Question 23  
Please explain which auth ority is responsible for the interpretation of the provisions on the exemption 
of SOEs? What are the specific exemption procedures, and are there any specific cases of exemption?  
Answer for Q 22-Q23 
According to Section 4 of the Trade Competition Act of 201 7, the Act shall not apply to the operation 
of the followings:  
1) central, regional, or local administrations  
2) state-owned enterprises, public organizations, or other government agencies, provided 
that they conduct their undertakings according to the law or r esolutions of the Cabinet 
which are necessary for the benefit of maintaining national security, public interest, the 
interests of society, or the provision of public utilities  
3) groups of farmers, cooperatives, or cooperative groups recognized under the law and 
having the aim in their business operations to benefit the vocation of farming  
4) businesses that are specifically regulated under other sectoral laws having jurisdiction 
over competition matters . 
Therefore, national authorities that will be excluded from the enforcement of the scope of the new 
Trade Competition act shall be in accordance with the Section 4 of the Trade Competition Act 
of 2017.  
In order to deal with the abuse of administrative power  by these national authorities to exclude or 
restrict competition, the Trade Competition Act of 2017 empowers the Trade Competition 
Commission to have powers and duties to propose opinions and recommendations to the Minister 
and the Cabinet with regard to the government 's policies on competition (Section 17 (11)), as well 
as to give recommendations to government agencies on rules, regulations, or orders which are 
obstacles to competition and causing obstruction, restriction, or reduction of competition, and  that 
may result in unfairness between business operators (Section 17 (12)); thus, this will be the 
approach that TCC and OTCC can address the abuse of administrative power conducted by national 
authorities to exclude or restrict competition.  
According to section 4(2) of the Trade Competition Act of 2017, the Act shall not apply to the 
operation of state -owned enterprises, public organizations, or other government agencies, provided 
that they conduct their undertakings according to the law or resolutions of  the Cabinet which are 
necessary for the benefit of maintaining national security, public interest, the interests of society, or 
the provision of public utilities. Thus, the authority that is responsible for the interpretation of the 
exemption of competiti on law enforcement to SOEs is the Trade Competition Commission (TCC) 
pursuant to the section as mentioned above. Furthermore, the State Enterprise Policy Office (SEPO) 
will play an important role in identifying and categorising the operations of the SOEs w hich are in 
accordance with the law or resolutions of the Cabinet for the benefit of maintaining national security, 
public interest, the interests of society, or the provision of public utilities for the effective 
enforcement of competition law.  WT/TPR/M/ 400/Add.1  
 
- 67 - 
 
 As of now,  there is no specific exemption procedures and cases. However, OTCC will consider the 
exemption of competition law enforcement pursuant to the Trade Competition Act of 2017 case by 
case, as well as will focus on analysing and identifying the operations of SOEs whether or not their 
undertakings are in accordance with the law or resolutions of the Cabinet necessary for the benefit 
of maintaining national security, public interest, the interests of society, or the provision of public 
utilities.  
Page s 96-97, Para graphs  3.198, 3.199, 3.200  
Question 24  
Please provide information on the staffing, rough annual budgets, incomes from service fees and 
operating incomes of the TCC and the OTCC? How do the TCC and the OTCC ensure independence 
and impartiality i n their acts of carrying out business activities and obtaining operating incomes?  
Answer  
Please find the requested information as follows:  
Staffing: 104 Officials  
Rough annual budgets: 200,000,000 THB  
Operating Incomes: 740,000 THB  
Others: 2,260,000 THB . 
In terms of ensuring independence and impartially of carrying out business activities and obtaining 
operating incomes of the TCC and OTCC, we have the Internal Audit Division that will monitor and 
check this issue. Also, the OTCC will be che cked its expenditure by the State Audit Office of the 
Kingdom of Thailand (SAO) once a year for the transparency of using annual government statement 
of expenditure by the OTCC.  
Page 99, Para graphs  3.206, 3.207, 3.208  
Question 25  
Please explain whether an approval may be requested from the TCC in advance for a merger which 
may substantially reduce competition? What measures will the TCC take if such a merger, upon 
completion, results in a loss of market competition?  
Answer  
According to the Trade Competition  Act B.E. 2017, is it necessary for the company to grant an 
approval from the Office of Trade Competition Commission as written in the law. Referring to the 
Section 54 and 55 of the Trade Competition Act B.E. 2560 (2017) prohibit any undertaking to enter 
into an agreement with any other undertakings to conduct a practice that monopolizing, reducing 
competition, or limiting competition by defining natures of prohibited practiced. Therefore, any 
businesses who seeking for merge the business is require approva l from the OTCC.  
Pursuant to Section 51 Para (2), any business operator planning to conduct a merger which may 
cause a monopoly or result in a dominant position in a market, shall seek permission from the 
Commission. By Section 52, the Commission shall com plete the procedure within 90 days from the 
request 's receipt date. In case by necessity, such consideration is not completed within the period, 
an extension of not more than 15 days shall be given and the reasons and necessity for an extension 
of the cons ideration shall be recorded. The key consideration to permit the merger is based upon 
recognition of valid business -related necessity, benefit in supporting a business operator, not causing 
severe damage to the economy, and no impact on the essential benef its for consumers as a whole.  WT/TPR/M/ 400/Add.1  
 
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 Page 99 , Paragraph 3.209  
It reports that during previous Reviews, enforcement of the old Act was considered weak due to 
legislative and institutional shortcomings. In order to enhance effectiveness in restraining violations, 
the new Act empowers the TCC to issue administrative penalties in response to violations 
(Table  3.25). However, only the Intellectual Property and International Trade Court is authorized to 
order criminal penalties. The TCC has the power to set tle cases with the alleged business operators. 
It may also order remedies to redress market conditions affected by a merger or competition 
violation. The new Act does not prescribe a leniency programme as such. However, under Article 79 
paragraph 3, it doe s authorize the TCC to impose a lower fine for a whistleblower, provided that 
s/he follows the criteria, methods, and conditions prescribed by the Commission; these are yet to 
be approved.  
Question 26  
Why only the Intellectual Property and International Tr ade Court is authorized to order criminal 
penalties? Is there any plan to expand the scope to other courts for the sake of facility and efficiency?  
Answer  
Intellectual Property and International Trade Court is authorized to order only criminal cases while  
Administrative Court is authorized to handle the administrative cases. Pursuant to Section 79, the 
Commission shall have the power to settle cases. In executing such power, the Commission may 
assign the Secretary -General to act on the Commission 's behalf.  When the alleged person pays the 
fine for the amount of settlement within the required period, it shall be deemed that the case is 
terminated under the provisions of the Criminal Procedure Code. The amount of fine to settle cases 
shall be determined accor ding to criteria, methods, and conditions prescribed in the Commission 's 
notification.  
Pursuant to Section 85, in considering the issuance of an order to impose an administrative fine, the 
Commission shall consider the seriousness of the offense first. In a case where the person subject 
to an administrative fine does not pay that fine, the provisions related to an administrative order 's 
execution under the Law on Administrative Procedure shall apply mutatis mutandis. In a case where 
there is no of ficer to execute such an order, or there is a person but he or she is unable to proceed 
with the execution of the order, the Commission shall have the power to file a lawsuit in an 
administrative court in order to enforce the payment of the fine. In this c ase, if the administrative 
court views that such an order for the payment of the fine is lawful, the administrative court shall 
have the power to consider and make a judgment and enforce seizure or take hold of properties to 
sell by auction to pay for the fine imposed. So far, Thailand has no plan to expand the scope to other 
courts for the sake of facility and efficiency.  
Question 27  
Is there any good practice sharing on implementing of the enforcement policies ? What are the main 
barriers now?  
Answer  
The Trade Competition Act B.E. 2017 is intended to create a framework of rules for doing business 
in a way that promotes free and fair -trade competition and in manner that is most beneficial to 
consumers. It is aimed at enforcing the law in the most effici ent and prompt manner, as well as 
preventing practices that violate the law and creating trust in the private business sector through 
promoting good governance to enhance and strengthen a stable and sustainable Thai economy.  
Page 103 , Paragraph 3.222  
Domes tic improvements during the review period included the establishment of a subcommittee on 
enforcement against IP infringement (led by a Deputy Prime Minister), the amendment of the 
Trademark Act to provide for the registration of sound marks, and the amend ment of the Copyright 
and Computer Crime Acts to better address online IP infringement. Thailand made considerable WT/TPR/M/ 400/Add.1  
 
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 efforts towards streamlining its trademark and patent examination processes, which led to a 
reduction in patent pendency during the review pe riod. 
Question 28  
Please provide details of the registration of sound marks, including its procedures and requirements. 
What is the most difficult thing in terms of registration?  
Answer  
Where a trademark application is of a sound mark or composed of sound, the applicant is  required 
to provide a clear description of the sound, accompanied by a clear audio record of the sound (e.g. 
in a USB drive). The applicant also needs to indicate the type of the sound, i.e. whether it is a human 
sound, an animal sound, a song/musical sou nd or any other type of sound. The applicant may also 
submit a musical notation, sound -graph or other representation of the sound to support the 
application.  
There are some challenges in the examination of application for the trademark which is a 
combinat ion of word and sound (as opposed to sound only).  
Page 104 , Paragraph 3.225  
It reports that Thailand, like most middle -income countries, is a net IP -importing country 
(Chart  3.3). Since 2016, the negative trade balance on IP licence fees has continued its long-term 
trend, reaching USD 5 billion in 2018.  
Question 29  
It is notable that Thailand made considerable efforts towards streamlining its trademark and patent 
examination processes. Will these efforts be applicable to foreign companies?  
Answer  
The stream lining of our trademark and patent examination processes will be beneficial to all.  
Question 30  
As a net IP -importing country, please specify the main trading partners, and in what areas or fields 
does Thailand use those IPs? Is there any plan to issue preferential policy towards foreign countries 
to strengthen the international cooperation?  
Answer  
Thailand places importance on cooperation in the area of IP with foreign countries to ensure an 
IP-friendly environment beneficial to trade and investment in the country.  
Question 31  
What measures will be taken towards the human resources and other relevan t aspects to strengthen 
its capacity for independent innovation?  
Answer  
Some examples of the measures to strengthen the capacity for independent innovation are as 
follows: 1) The Ministry of Higher Education, Science, Research and Innovation was established in 
May 2019 with an aim  to ascertain harmonized aspects of education, R&D, science, and innovation. 
In particular, The Ministry plays a significant role on innovation -driven developments of the country 
by enhancing the inter -connectivity of var ious functions of science, research, education, and 
innovation. 2) The Department of Intellectual Property established the IP Innovation Driven 
Enterprise Center (IP IDE Center) in 2017. The Center, which is located in the Department 's building, WT/TPR/M/ 400/Add.1  
 
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 has been p romoting and facilitating entrepreneurs and SMEs in the creation and commercialization 
of IP and innovation as well as the IPR protection and enforcement through its consultation 
services.3) The Department of Intellectual Property also organizes seminars, workshops and 
contests on a regular basis to promote awareness on IP creation, protection, commercialization, and 
enforcement to independent innovators, the business sector and the general public.  
Page 106 , Paragraph 3.233  
Since the previous TPR, Thailand has signed and ratified WIPO 's Marrakesh VIP Treaty, which entered 
into force on 28 April 2019, and joined the Madrid Protocol in 2017. Thailand is a member of WIPO 
and party to a number of its treaties, such as the Patent Cooperation Treaty, the Paris Convention 
for the Protection of Industrial Property, and the Berne Convention for the Protection of Literary and 
Artistic Works. It has yet to accede to the WIPO Copyright Treaty (WCT) or the WIPO  
Performances and Phonograms Treaty (WPPT). According  to the authorities, preparations for these 
are underway.  
Question 32  
Please provide an update as to Thailand 's plans with respect to joining the WCT and WPPT.  
Answer  
Thailand is amending the Copyright Act B.E. 2537 (1994), which consists of two phases :  
The first phase includes the preparation for Thailand 's accession to the WCT. The draft 
amendment for this phase was approved by the Cabinet in September 2020 and is now 
forwarded to the Parliament for consideration. Upon the completion of the amendment, 
Thailand will be ready to join the WCT as approved by the National Legislative Assembly in 
December 2018.   
The second phase covers Thailand 's preparation for the accession to the WPPT. The 
Department of Intellectual Property is currently working on the draft  amendment of the 
Copyright Act for this phase.  
Question 33  
On 28 April 2020, Beijing Treaty on Audio -visual Works came into force officially after eight years ' 
preparation and ratification. Please clarify Thailand 's plans and timing toward acceding to the  Treaty.  
Answer  
Despite not being in the top priority at present, Thailand has consistently placed importance on the 
Beijing Treaty on Audio -visual Performances.  
Page 108, Paragraph 3.243  
The situation regarding compulsory licences remained unchanged during the review period. Of the 
compulsory licences for government use granted for seven medicines in 2006 -08 by the Ministry of 
Public Health, only one remains in use: the licence on a combined formulation of Lopinavir and 
Ritonavir, which cove rs up to 250,000 patients entitled to essential medicines under three national 
health security schemes, and is due to expire in 2021, after an extension in 2010.  The other licences 
have either expired, or are effective only where an essential need for thes e medicines exist.  
Question 34  
Whether Traditional Chinese Medicine is included in the seven medicines mentioned in this part? 
Whether Traditional Chinese Medicine is included in the national health security Act and whether 
health insurance in Thailand cov ers Traditional Chinese medicine treatment ?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The seven medicines mentioned in this part were chemical -based. For National He alth Security Act, 
please visit http://eng.nhso.go.th/view/1/National_Health_Security_Act_B.E.2545/EN -US. 
Page s 108-109, Paragraph 3.246  
The Regulation entered into force in September 2019, and imposed tobacco plain packaging and 
health warning requirements from 8 December 2019. Thailand is thus the first country in Asia to 
require compulsory standardized packaging for tobacco products, including cigarettes. Tobacco 
packaging must bear the manufacturer 's name in a standardized font, in either English or Thai, 
display packaging in the standard colour pantone cool grey 2 C, and include health warning photos 
on both sides of the cigarette box, which must extend to 85% of the packet 's area. The Regulation 
sets an administrative fine of THB 40,000 (around USD 1,300).  
Question 3 5 
How do relevant authorities protect the trademarks having been used on the packages of tobacco 
products when implementing the policy of compulsory standardized packaging?  
Answer  
Registered trademarks are protected in accordance with the Trademark Act B.E. 2534 (1 991). Any 
person who counterfeits or imitates a trademark will be liable for both criminal offences and civil 
remedies. Thailand continues to put considerable efforts on IPR enforcement including trademark 
rights for all goods including tobacco products.  
Question 36  
In 2017, Thailand promulgated the Tobacco Products Control Act (TPCA B.E. 2561). Later, the 
Ministry of Public Health issued the Regulation concerning Criteria, Methods and Conditions of 
Tobacco Product and Cigarette Packaging, which entered in to force in 2019. How does Thailand 
evaluate the effectiveness of its tobacco control? Thailand is the first country in Asia to execute 
compulsory plain packaging for tobacco products, and require that health warning photos shall take 
at least 85% of the c igarette packet on the front side. How do cigarette importers and domestic 
producers  react to such measures? What are the measures that Thailand is going to take for further 
tobacco control?  
Answer  
 How does Thailand evaluate the effectiveness of its toba cco control?  
Thailand has stronger monitoring in retail shops, manufacturing sites, and warehouses of Tobacco 
Industry. Generally, Department of Disease Control uses studies conducted by Tobacco Control 
Research and Knowledge Management Centre for policy e ffectiveness evaluation. For more 
information, please visit http://www.trc.or.th/en/ .  
 How do cigarette importers and domestic producers react to such measures?  
Importers and domestic tobacco producers have fully complied with the standardised packaging 
measures and have not had any complaints.  
 What are the measures that Thailand is going to take for further tobacco control?  
In 2021, Thailand will change the hea lth warning photos on cigarette packaging.  
Page 117 , Paragraph 4.18 
Thailand maintains 23 tariff quotas (TQs) covering 128 tariff lines at the HS eight -digit level; all are 
agricultural products (Section 3.1.2.4). All quotas are global quotas. To import 21 out of WT/TPR/M/ 400/Add.1  
 
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 23 agricultural products (other than cane or sugar, or unman ufactured tobacco and tobacco leaves) 
subject to TQ arrangements, importers must obtain certificates from the Department of Foreign 
Trade under the Ministry of Commerce. To import cane or sugar, a certificate from the Office of Cane 
and Sugar Board under t he Ministry of Industry is required; and to import unmanufactured tobacco 
and tobacco leaves, a certificate from the Excise Department under the Ministry of Finance is 
required.  
Question 37  
Please explain the reasons why certificates from relevant authorit ies are required to import cane and 
sugar or tobacco and tobacco leaves?  
Answer  
Tobacco and tobacco leaves : Because Thailand would like to control tobacco production and 
consumption of tobacco. Therefore, tobacco production and tobacco importation into the Kingdom 
must be submitted for permission under the Excise Tax Act B.E. 2560 (2017).  
Sugar : Ministry of Commerce authorizes the Office of Cane and Sugar Board (OCSB) to issue an 
import license of sugar because the OCSB is a Thai governm ent agency which has technical expertise 
and specialist in supply chain management of Thai Sugar industry. (DFT)  
Page 118, Table 4.4  
…"Unmanufactured tobacco; tobacco leaves. Tariff quota quantity as scheduled (tonnes) is 6,435; 
In-quota imports during per iod (tonnes) is 228; Fill rate (%) is 3.5 "… 
Question 38  
As shown in the table, in "Unmanufactured tobacco; tobacco leaves ", tariff quota quantity as 
scheduled (tonnes) is 6,435; in -quota imports during period (tonnes) is 228; fill rate (%) is 3.5. 
Please explain why the fill rate is only 3.5%  
Answer  
Because a  restructuring of an excise tax in 2017 caused a decrease of domest ic cigarette sales, 
consequently resulting in a decline of domestic cigarette production by Tobacco Authority of Thailand 
in following years . Therefore, the tobacco leaves produced domestically in 2019 were sufficient for 
domestic production . 
Page 119 , Paragraph 4.23 
Thailand reserved its right to take special safeguard (SSG) action on 55 HS02 eight -digit agricultural 
items, such as milk, potatoes, onions, garlic, coconuts, coffee, tea, peppers, maize, rice, copra, soya 
bean oil, crude palm/coconut oil, sug ar, non -alcoholic beverages, tobacco, and raw silk 
(Section  3.1.5.2). Thailand notified to the WTO that it did not invoke SSG provisions under Article 5 
of the WTO Agreement on Agriculture during the review period.  
Question 39  
Please clarify what specific special safeguard action to be taken on 55 HS02 eight -digit agricultural 
items? What if they are contradictory with those provisions of WTO Agreement on Agriculture?  
Answer  
Thailand has not yet imposed Special Safeguard measure under Article 5 of the WTO Agreement on 
Agriculture on such products.  WT/TPR/M/ 400/Add.1  
 
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 Page 134 , Paragraph 4.85 
The authorities stated that the Plan sets specific targets in terms of minimum annual growth rates 
from 2019 to 2037, for the following indicators: industrial sector 's GDP no less than 4.5%; rate of 
investment in the industrial sector no less than 10%; export value no less than 8%; and total factor 
productivity no less than 2%.  
Question 40  
Please specify more information on statistics of the rate in respective industrial sectors.  
Answer  
The specific targets of the Action Plan on Industrial Development including annual industrial GDP 
growth, export growth and total factor productivity were s et to conform with development target 
specify in the 20 -year National Strategy (2018 – 2037) and the 12th National Economic and Social 
Development Plan (2017 – 2021) taking in to account of the past data gathered each year.  
Page 135 , Paragraph 4.93 
In September 2019, the BOI launched a wide range of investment promotion measures, such as 
additional tax incentives to education and vocational training institutes specializing in science, 
technology, engineering, and mathematics, with a view to enhancing hu man resource development. 
The authorities stated that foreign and Thai investors are granted the same incentives for eligible 
activities.  
Question 41  
How to ensure both foreign and Thai investors getting the same incentives for eligible activities? Are 
there any official policies or relevant legislation?  
Answer  
Thailand Board of Investment 's investment promotion scheme is on non -discriminatory basis.  
Page 139 , Paragraph 4.108  
Under current legislation, foreign ownership of commercial banks is capped at 25% of the bank 's 
shares, and the number of foreign directors may not exceed one quarter of the total. Nevertheless, 
the BOT can, on a case -by-case basis, increase the statutory cap on foreign ownership to 49% and 
the limit on foreign directors to one half of the total. Furthermore, the Minister of Finance, upon 
recommendation of the BOT, has the power to authorize foreign ownership of more than 49% in a 
commercial bank, where this is deemed necessary to improve the financial performance or 
strengthen the secur ity of any financial institution, or the financial system in its entirety. The last 
time the Minister of Finance granted such authorization was in 2013.  
Question 42  
Under what circumstances, will the BOT and the Minister of Finance raise the statutory cap on foreign 
ownership and foreign directors?  
Answer  
Under the Financial Institutions Business Act (FIBA), foreign ownership limits may be relaxed only 
in the case that expanding the foreign ownership cap will improve the financial performance or to 
strengthen the stability of any financial institutions or the financial system.  This includes, but is not 
limited to, situations where the bank 's financial position is weak and existing shareholders are not 
willing to increase bank 's capital.  WT/TPR/M/ 400/Add.1  
 
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 Regard ing the statutory cap on foreign directors, the Ministry of Finance and the Bank of Thailand 
apply the same rationale as the statutory cap on foreign ownership. When the proportion of foreign 
ownership has been relaxed, therefore, the statutory cap of fore ign directors will be further relaxed 
in the same proportion.  
Page 151 , Paragraph 4.170  
No foreign equity limits are applied to ground -handling services as long as all legal and regulatory 
requirements are met. Foreign companies wanting to provide ground -handling services are required 
to obtain approval from the Foreign Business Committee, and a business permit from the 
Department of Business Development under the Ministry of Commerce, then they will need the CAAT 
to certify their operation.  
Question 43  
At present, are there any foreign companies providing ground -handling services in Thailand? What 
are the specific legal requirements to get the permit for foreign companies? Are there similar 
requirements in other services sectors? Is there any plan to remove  these additional requirements 
for foreign companies so as to encourage foreign investment?  
Answer  
Ground -handling services fall into List 3 (21) of the Foreign Business Act (B.E. 2542). No foreign 
equity limits. Approval required from the Foreign Business  Committee and permits granted by the 
Director -General of the Department of Business Development (DBD). The DBD granted the permit 
to some foreign companies to operate the aircraft maintenance checks and inspection.  
In granting permission to foreigners for the operation of businesses under the FBA, the Foreign 
Business Commission shall consider advantageous and disadvantageous effects on national safety 
and security, economic and social development of the country, public order or good morals, national 
values in arts, culture, traditions and customs, natural resources conservation, energy, 
environmental preservation, consumer protection, sizes of undertakings, employment, technology 
transfer and research and development.  
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 Busines s Permission 
covering 40 business categories such as securities business under the law on securities and securities 
exchange, insurance business under the law on insurance, financial institution business, and 
representative office/regional office.  
To review the regulated businesses under the FBA, the regulation promulgation process is required 
to hold public hearings from stakeholders and sector regulators are held. The result based on pros 
and cons usually requires sufficient information for the Commi ssion to remove the regulated 
businesses from the list.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
Page 6, Paragraph 3.6 
The 10 targeted industries have been categorized into two groups as "First S -Curve Industries" - the 
upgrading of five existing industries, and "New S -Curve industries" - the development of new 
high-technology and innovative industries.  
Question 1 
Whether the TCM is included in the New S -Curve industries, especially in the area of Medical and 
Comprehensive Healthcare?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The Ministry of Industry is a key agency to drive target industries. The comprehensive medical 
industry is one of the future industries. In term of medical services , the Ministry of Public Health has 
prepared the strategy to develop Thailand as a medical hub. One of strategies addressed is a strategy 
to develop Thai traditional and alternative medical services. Moreover, the Ministry of Public health 
has provided TCM (traditional Chinese medicine) to serve the people.  
Page 19, Paragra ph 3.69 
In 2016, the National Committee on Intellectual Property Policy adopted the 20 -Year (2017 -2036) 
IP Roadmap in order to guide the development of the country 's IP system and to ensure that the 
IP system is aligned with the country 's shift towards "Th ailand 4.0".  
Question 2  
Please share more information on the Intellectual Property Policy adopted the 20 -Year (2017 -2036) 
IP Roadmap.  
Answer  
Thailand has developed the IP system in accordance with the six areas in the IP Roadmap.  
For IP creation and IP co mmercialization, the DIP and relevant government agencies including the 
National Innovation Agency and the Ministry of Higher Education, Science, Research and Innovation 
have been encouraging and promoting R&D and creation and supporting IP commercializati on to all 
sectors.  With regard to IP Protection, Thailand has also been improving the standard and timeliness 
of IP protection, including by amending laws and regulations and utilizing the IT system to streamline 
and enhance the efficiency of the IP regist ration process.  
For IP Enforcement, Thailand places much importance on integrating works of relevant IP 
enforcement agencies to ensure the efficient enforcement operations, using both voluntary and legal 
mechanisms to enforce IP rights, and raising IP awa reness to the general public.   
With regard to GIs, this area is to encourage the inclusivity of local communities in the IP system 
through GIs and to ensure economic value and importance of GIs to local community members, local 
producers and consumers. The  efficiency of GIs registration system will also be developed.   
With regard to GR/TK/TCEs, this area aims to put in place an appropriate protection of GR/TK/TCEs 
including the principles of benefit -sharing and prior informed consents. This may, among other s, 
include the development of relevant laws, regulations, and databases.  
OTHER QUESTIONS  
Question 1  
In 2019, the State -Owned Enterprise Development Act and the Public Private Partnership Act came 
into force. Are the two acts applicable to the tobacco industry ? What are the implications for 
state-owned enterprises in the tobacco industry in Thailand? As per the Tobacco Authority of 
Thailand Act (B.E. 2561 (2018)), TOBACCO AUTHORITY OF THAILAND (TOAT) was established in 
May 2018. What is the rela tionship between TOAT and T HAILAND TOBACCO MONOPOLY (TTM)? 
Under the tobacco monopoly system, what are the specific mandates of TOAT and TTM?  
Answer  
The State -Owned Enterprise Development Act, B.E. 2562 (2019) is related to all SOEs that are 
defined by thi s Act. A state agency under the Public Private Partnership Act, B.E. 2562 (2019) (the 
PPP Act 2019) must be related to infrastructure and public services specified by the Act. However, 
the tobacco is not included under this Act. Thus the tobacco industry m ay not be within the scope 
of the PPP Act 2019.  WT/TPR/M/ 400/Add.1  
 
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 As the tobacco can cause health effects to people, the Thai government has to control this issue by 
ruling authority to the SOE in the tobacco industry.  
Thailand Tobacco Monopoly (TTM) was the SOE under Min istry of Finance but it was not a juristic 
person. In 2018, the TTM changed its name to Tobacco Authority of Thailand (TOAT). The TOAT is 
still the SOE under Ministry of Finance but its status has changed to be the juristic person. At this 
time, the govern ment fully authorises the TOAT to produce the cigarettes and many types of 
tobaccos. However, the tobacco monopoly system does not include marketing.  
Question 2  
Please specify more information on the developments in international cooperation in 
IPR enforce ment.  
Answer  
In terms of international cooperation in the area of enforcement, Thailand has been cooperating with 
our foreign counterparts, such as the US, the EU, China, and the UK in exchanging knowledge, 
experiences and best practices in several seminar s and workshops related to IPR enforcement.  
Thailand has also actively engaged with WIPO member states in the Advisory Committee on 
Enforcement at WIPO.  
Question 3  
Is there any private lawsuits filed by the Consumer Protection Commission, or any associatio n or 
foundation recognized by the Commission under the law on consumer protection require consumers ' 
authorization? How to distribute the compensation obtained to the consumers?  
Answer  
Yes, there are private lawsuits filed by the Consumer Protection Board that such legal proceedings 
will be beneficial to consumers as a whole. Besides, if the entrepreneurs and consumers are unable 
to reach an agreement, Office of the Consumer Protection Board (OCPB) will file without debar the 
consumer right s for his or her own litigation. In part of handling consumer complaints concerning a 
consumer 's claim for compensation, the process is as follows : 
1) OCPB provides a mediation process for consumers  
2) The Consumer Protection Board approves litigation of the civ il case on behalf of 
consumers by the OCPB by virtue of the Consumer Protection Act, B.E. 2522 (1979).  
  WT/TPR/M/ 400/Add.1  
 
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 CHINA - FOLLOW -UP QUESTIONS  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Page 61, Paragraph 3.47 
The legislation on anti-dumping and countervailing measures was amended on 22 May 2019, and 
the amendment came into effect on 18 November 2019. Thailand will notify the WTO once the 
translation into English is completed. The amendment clarifies certain issues, including 
anti-circumvention provisions.  
Question 1  
Does this amendment involve other issues in addition to anti -circumvention?  
Answer  
The amendment to the Anti -Dumping and Countervailing Act does not affect the Antidumping and 
Countervailing procedures which are cond ucted in compliance with the ADA and ASCM.  
The main novelty is to introduce the new chapter related to the Anti -circumvention. This new chapter 
covers the factors needed to be considered and the investigation process. Investigation shall be 
concluded withi n nine months and can be extended to another three  months. If circumvention is 
found, Anti -dumping duties not exceeding the residual anti -dumping duty may be extended to the 
imports from companies which circumvent the measure in force.  
Question 2  
When will the English translation be completed? Has Thailand initiated anti -circumvention 
investigations per the amended law?  
Answer  
The English translation is still being processed. Thailand has not yet initiated any Anti -circumvention 
investigation.  
Page 62, Paragraph 3.49 
Between 1995 and end -2019, Thailand initiated 84 anti -dumping cases, including 23 after 2015. As 
of 30 June 2020, 43 anti -dumping measures in the form of duties were in force on 12 types of 
products: 10 types of steel or steel alloys; citric acid; and inne r tubes of rubber for motorcycles. 
Thirty of these measures were extensions of existing measures beyond their sunset period. Actions 
mostly affected products originating in China (11), Chinese Taipei (5), the Republic of Korea (5), and 
Vietnam (5).  
Questi on 3 
China noticed that since this year, Thailand has initiated four anti -dumping cases involving Chinese 
products: flat hot dip galvanized of cold rolled steel, tinplate, tinfree, and biaxially originated 
polypropylene (BOPP) film. The number of cases sur ged compared with the situation a few years 
ago. What is the comment from Thailand? What are the main reasons? Does this mean that Thailand 
trade relief policy has  been changed to some extent?  
Answer  
Thai investigating authority initiates the AD investigation, in compliance with Article 5 of the 
Anti-Dumping Agreement (ADA), based on the facts and information that there is sufficient evidence 
of dumping, injury, and causality, as well as other matters to justify the initiation of an investigation.  
An Anti -dumping measure is just a measure of protection for domestic industry against the unfair 
trade practices.  WT/TPR/M/ 400/Add.1  
 
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 Page 112, Paragraph 4.1 
Growth rates of the agriculture, forestry and fisheries sector have been volatile, ranging from -6.5% 
in 2015 to 5.5% in 2018, and falling to 0.1% in 2019 .  
Question 4  
What caused volatile growth rate of the agriculture, forestry and fisheries sector ? Has the Thai 
government issued policies and measures to stabilize the agriculture, forestry and fisheries sector ? 
If so, please specify.  
Answer  
The volatile growth rate in agriculture, forestry and fisheries sectors was mainly due to a decrease 
in importan t crop yields which resulted from inclement weather (drought and flood problems) during 
2014-2020.  
To stabilize the agriculture, forestry and fisheries sectors, the Thai government has issued policies 
targeting the improvement of water management to mitig ate damages for the agricultural sector. 
This includes the expansion of irrigation areas, efficiency improvement for the irrigation system and 
also the promotion of water reservoir in farms in non -irrigated areas.  
The Ministry of Agriculture and Cooperativ es (MOAC) has adopted the agricultural management 
policy with "Market -driven production" strategy in major agricultural products such as rice, rubber, 
palm oil, fruit, fishery and livestock.  Moreover, farmers are encouraging to use technology and 
innovatio n along with modern agriculture to plan the production appropriately and accordingly to 
the market demand. This policy has been done jointly between the Ministry of Agriculture and 
Cooperatives and the Ministry of Commerce (MOC), under the concept of "MOAC  producing / MOC 
marketing"  
To be more specific, in production side, farmers will encourage to form collaborative farm to lead to 
the proper use of technology and innovation in production. The government has issued policies that 
support the enhancement of production capacity through the use of technology and know -how such 
as: 
1) The creation of learning centres for agricultural production efficiency  
2) The introduction of targeted management of agricultural areas through the use of 
Agri-map to analyse the potenti al and suitability of the area to guide farmers for decision 
making on the production of crops, livestock and fisheries that are suitable to the areas  
3) The establishment of Agri -Tech and Innovation Centre (AIC) in each province to be a 
centre for promoting the use of technology and innovation in production for farmers and 
also a training centre and knowledge transfer centre for start -ups and young smart 
farmers  
4) The encouragement to grow alternative crops/plants that require less water as well as 
the incubati on of Smart Farmers . 
The MOAC also focus on developing agricultural products that are unique with quality standard and 
traceability.  
In marketing side, the MOAC facilitate access between producers and consumers through increasing 
the online marketing chan nels for agricultural products by using online platforms such as LAZADA, 
Shopee, as well as online agricultural products websites.  In addition, business matching between 
farmers groups, co -operatives, community enterprises and modern trade malls such as Ma kro and 
Lotus is promoted.  
Page 112, Para graph 4.4 
In 2017, ...... with an average farm size of 4 ha (up from an average of 3.1 ha in 2013).  WT/TPR/M/ 400/Add.1  
 
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 Question 5  
What is the main reason leading to the expanded farm size? Has the Thai government issued policies 
and incentives to expand farm size?  
Answer  
According to Center of Agricultural Information, Office of Agricultural Economics under the Ministry 
of Agriculture and Cooperative, the average farm size of Thailand during 2013 -2019 are as shown 
in the following table:  
Year Farm size  
Rai Hectare  
2013 25.28  4.045  
2014 25.26  4.042  
2015 25.28  4.045  
2016 25.26  4.042  
2017 25.22  4.035  
2018 25.28  4.045  
2019 25.26  4.042  
Source:  Center of Agricultural Information, Office of Agricultural Economics, Ministry of Agriculture and 
Cooperatives (website: www.oae.go.th) . 
OTHER QUESTIONS  
Question 1 
China noticed that Thailand initiated safeguard measure investigation on aluminum foil on 1 October 
this year. Please explain what is the consideration for initiating such an investigation?  
Answer  
Based on a preliminary assessment of all relevant factors, in compliance with the Agreement on 
Safeguards (SG Agreement), Thai investigating authority found the prima facie evidence to initiate 
and conducts a safeguards investigation to determine whether Aluminum Foil are being imported 
into Thailand in increased quantities and is causing serious injury to the domestic industry.  
Question 2  
What is the respective proportion of pre -arrival processing and e -bill payment in practice in Thailand.  
Answer  
The proportion of e-bill payment during Fiscal  Year 2019 -2021 is demonstrated in the following 
table:  
THB billion  
Fiscal year  EDC e-payment  Total e -payment 
(EDC + 
e-payment)  Total 
payment  Share of  
e-payment  
(%) e-Pay (Direct 
debit)  Bill Pay  
2019  5,869.80  332,395.09  520.51  338,785.40  591,839.11  57.2 
2020  11,619.81  287,450.41  6,489.35  305,559.58  485,303.55  63.0 
2021 (Oct -Dec 2020)  4,079.13  79,790.89  2,614.08  86,484.10  125,195.44  69.1 
Source:  Customs Department.  
Question 3  
Has Thailand announced the time that each process will take from cargo arrival to release? If so, 
please specify. What bottlenecks have Thailand found in customs clearance through TRS? What are 
the differences between the TRS conducted in October 2020 and the previous ones?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thailand has no announcement about the time that each process will take from cargo arrival to 
release. Thai Customs has conducted the national Time Release Study base on the WCO TRS 
guidelines. The latest Time release Study was conducted in 2018, reviewing importation/exportation 
process at Suvarnabhumi Airport Cargo Clearance Customs office (by air) and Laem Chabang Port 
Customs Office (by sea). For the bottleneck, Thailand has found that the time spent in customs 
inspection process is very short due to fully electronic customs proces ses. While for imported goods, 
the leak time mostly happened by the action of importers to delay their pick -up process from port, 
and some happened by the port authority. And for the exported goods, the port authority is the 
main cause of leak time as good s have to wait for loading into aircraft/ship for several hours to days. 
However, Thailand does not have TRS information conducted in October 2020. Thai Customs plans 
to conduct Time Release Study at Suvarnabhumi Airport Cargo Clearance Customs office and Laem 
Chabang Port Customs Office in 2021.   
Question 4  
China noticed that for mandatory TISI certification, Thailand has not authorized any third -party 
testing and certification institution, and the whole process is done by domestic ones. Considering 
the active role of mutual recognition of certification and testing results in promoting trade facilitation, 
please explain the main considerations for only accepting the report from local laboratories.  
Answer  
TISI has not authorized any third -party testing and certification institution because they do not meet 
the criteria for recognition of testing and certification institution.  
Question 5  
China noticed that foreigners must obtain approval to engage in sugar production, rice milling and 
flour p roduction from rice and other crops. Please specify the conditions for approval.  
Answer  
For the rice milling production, after a foreigner is granted an approval to operate business in 
Thailand under the Foreign Business Act B.E. 2542 (1999), s/he will nee d to apply for a rice trading 
license under the Rice Trade Act B.E. 2489 (1946) by submitting the documents such as a certificate 
of juristic person showing a purpose of rice trading (certified before the time of application no more 
than one month), list o f shareholders, factory business license, map of the office, etc. If it is a limited 
company or a public company limited, majority of the board members must hold a Thai nationality, 
and there must be at least one person of Thai nationality with an authorit y to endorse any application 
forms and certify copies of documents. If the operators submit all required documents, they 
will certainly be granted the trading license.   
Normally, applications for permission will be approved within a day if all the supporting documents 
are complete. The authorization will be valid for one year from the date of approval and must be renewed 
every year. For more information, please visit http s://www.dit.go.th/Content.aspx?m=9&c=1078.  
  WT/TPR/M/ 400/Add.1  
 
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 COLOMBIA  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
1 ENTORNO ECONÓMICO  
1.2 Evolución Económica Reciente  
1.2.1  La pandemia de COVID -19 
En el cuadro 1.2 la Secretaria indica las principales medidas de alivio adoptadas por Tailandia para 
hacer frente a los efectos de la COVID -19. 
Question  1 
Respecto de los temas de facilitación del comercio y ante los efectos de la pandemia por C OVID -19, 
podría Tailandia compartir información sobre  qué medidas específicas ha establecido para facilitar y 
garantizar el flujo de las operaciones de importación y exportación de mercancías. ¿Estas medidas 
se implementaron de manera temporal o se ha previsto mantenerlas de forma permanente?  
[With regards t o trade facilitation in the face of the pandemic, could Thailand share information 
about what specific measures have been implemented to facilitate import/export operations? Are 
these measures temporary or permanent? ] 
Answer  
To facilitate trade during COVID -19 crisis, Thailand has amended and issued some subsidiary laws 
and regulations as follows . 
1) Ministerial Regulation Re: Exempt an importer or an exporter from complying with 
Customs Act B.E. 2560 (2017) in whole or in part B.E. 2563 (2020) : This ministerial 
regulation was issued in order to temporarily extend the 30 -day terms of allowance for 
goods in transit or transshipment.  In case a person bringing in goods for transit or 
transshipment is unable to bring such goods out of the Kingdom within 30 days because 
of the COVID -19 pandemic, he/she is entitled to file a petition and supporting 
documents indicating the obstacle caused by COVID -19 to the Thai Customs 
Department.  The allowance of extension will be under its consideration according to the 
circumstance of case -by-case basis.  
2) Notification of the Ministry of Finance Re: Reduction of customs tariff rate and 
exemption of customs duty according to Section 12 of Customs Tariff Decree B.E. 2530 
(1987) (No.  3): This notification was issued to exempt  customs duty of tariff 
code 6307.90.40 and 6307.90.90 which are surgical masks and anti -pollution masks 
respectively. The exemption was applied due to a high demand of using in medical 
sector and in public while a capacity of manufacturing in the country was inadequate.  
This is a temporary measure ending on 20 September 2020.  
3) Notification of the Ministry of Finance Re: Exemption of customs duty for imported goods 
to use in treatment, diagnosis and prevention of the COVID -19: This notification was 
issued to  exempt customs duty of goods to use in treatment, diagnosis and prevention 
of the COVID -19 based on the list announced by the Ministry of Health.  It is a temporary 
measure ended on 30 September 2020.  
4) Notification of the Customs Department No. 76/2563 Re: Principle and customs 
formality of customs duty exemption for imported goods to use in treatment, diagnosis 
and prevention of the COVID -19: This notification was issued to inform how to declare 
the imported goods to use in treatment, diagnosis and preventi on of the COVID -19 in 
accordance with the notification of the Ministry of Finance in 3.  WT/TPR/M/ 400/Add.1  
 
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 5) Notification of the Customs Department No. 81/2563 and 166/2563 Re: Declaration of 
certificate of origin for importers facing with an obstacle because of the COVID -19 
pandemic : This notification was issued to resolve the delay transfer of an original 
certificate of origin (CO).  Regularly, importers, who declare a reduced tariff rate or an 
exemption of customs duty according to the rule of origin of each FTA, must file an  
original form of CO to the official at the customs house while performing customs 
formalities.  However, to declare the original form in a specific time is impossible during 
the COVID -19 pandemic since the global transportation is delayed due to state 
quarantine and work from home policy.  Therefore, the CO filing time is extended to 
within 30 days from the date of release of goods and if needed, another 30 days from 
the date of first 30 -day extension ended.  This measure applies to all FTA existing and 
will end on 31 December 2020.  
2. REGÍMENES DE COMERCIO E INVERSIÓN  
2.1 Marco General  
En el párrafo 2.9 se señala que "… a fin de aprovechar la ubicación estratégica de Tailandia en el 
corazón de Asia Sudoriental, el Gobierno ha creado el Proyecto del Corredor Económico Oriental 
(EEC), que consiste en una zona económica especial de 13.000 km2, que se extiende por tres 
provincias orientales. Gracias a la mejora de las infraestructuras y a las instalaciones logísticas 
actualmente en construcción, el propó sito del EEC es potenciar la conectividad regional y servir de 
centro de operaciones para las industrias designadas (sección 3.3.1). En el marco de las iniciativas 
destinadas a promover la digitalización de las pymes, se ha creado la Academia para la Nueva  
Economía, un centro de conocimientos orientado a la tecnología digital que ofrece programas de 
formación y desarrollo para las pymes; asimismo, un nuevo sitio web (Thaitrade.com) proporciona 
un mercado electrónico para poner en contacto a empresas tailand esas, sobre todo pymes, con 
clientes de otros países ". 
Question 2  
Podría el Gobierno de Tailandia ampliar la información sobre la "Academia para la Nueva Economía ":  
¿Es una entidad que funciona con recursos públicos o privados? ¿Los programas de formación son a 
nivel tecnológico o profesional? ¿Quién asume los costos de la matrícula en esta academia, los 
empresarios de las PYMES, los empleados de las PYMES o el gobier no de Tailandia? ¿Un país podría 
solicitar cooperación a la Academia para la Nueva Economía con el fin de que estudiantes de ese 
país asistan a programas de formación en esa entidad? En caso afirmativo, ¿Cuál sería el trámite?  
[Could the Thai government ex pand on the "New Economy Academy "?] 
[Is this a public or a private entity? Are the training programs on a technical or professional level? 
Who covers the cost for this training? Is it the SMEs, the employees or the Thai government? Could 
a country request cooperation with the Academy for a New Economy and send students to attend? 
If so, what would be the procedure? ] 
Answer  
New Economy Academy (NEA) is a public entity under the Department of International Trade 
Promotion, Ministry of Commerce of Thailand. It was set up in January 2017 in response to the Thai 
government 's policy vision to adopt a new economic model, Thailand 4.0, which has for objective to 
create a value -based economy driven by innovation, technology and creativity. One of the agen das 
for Thailand 4.0 is to incubate Thai entrepreneurs to create innovation driven enterprises. To this 
end, the NEA aims to provide tra ining courses to develop export capacities of Thai SMEs in the New 
Economy era.  
Question 3  
En el párrafo 2.13 la Secreta ria informa que "El Comité Consultivo Mixto Público -Privado es la 
principal vía para la celebración de consultas sobre cuestiones de política comercial entre el Gobierno 
y el sector privado. Las audiencias públicas periódicas son otro de los canales que pe rmiten al sector WT/TPR/M/ 400/Add.1  
 
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 privado participar en la formulación de la política comercial. Los organismos gubernamentales deben 
celebrar obligatoriamente una audiencia pública antes de poder someter cualquier ley a la 
consideración del Consejo de Ministros. Además de  audiencias públicas presenciales, el Ministerio de 
Comercio debe mantener una plataforma en línea a estos mismos efectos ". 
Podría el Gobierno de Tailandia brindar más información sobre el Comité Consultivo Mixto Público -
Privado: ¿Cuándo fue establecido y Cuántos miembros lo conforman? ¿Qué entidades públicas están 
allí representadas y quien preside este Comité? ¿Cómo se eligen los miembros del sector privado 
que participan en este Comité y cada cuánto los cambian? ¿Cada cuánto se reúnen el Comité? ¿Cuál 
es el balance de su gestión?  
[Could the Thai government give more information on Joint Public and Private Sector Consultative 
Committee? When was it established and how many members does it have? What public entities are 
present and who presides over the com mittee? How are private -sector members chosen and how 
many are there? How long do they serve in this role? How often does the committee meet? What 
are the results of using these committees? ] 
Answer  
Royal Thai government has several national committees resp onsible for the economy and society, 
each with both public and private sectors. One of the committees that the Thai government has 
given top priority is the Joint Public and Private Sector Consultative Committee: JPPSCC. This 
committee is chaired by the Pr ime Minister and assigned the Office of the National Economic and 
Social Development Council (NESDC) to act as secretary. Members from the government sector 
consist of the Minister of the Economy and the heads of relevant government agencies Private sector  
committees consist of representatives from three  private institutions, namely the Council of the 
Chambers of Commerce of Thailand Federation of Thai Industries and the Thai Bankers ' Association.  
The establishment of the JPPSCC allows the government to ser ve as a primary mechanism for public -
private consultations in formulating solutions for economic problems, to implement policies for 
cooperation between the public and private sectors to perform at the central and regional levels, 
and to strengthen the pri vate institution as well as disseminate knowledge and understanding on 
the benefits that the public will receive from continuous cooperation.  
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamente a las importaciones  
3.1.3  Otras cargas que afectan a las importaciones  
En el párrafo 3.36 se señala que "Se aplican recargos a la importación de harina de pescado con un 
contenido de proteínas superior al 60% (SA 2301.20.20); tortas de soja (soya) (SA 2304.00.90 ); y 
maíz forrajero (SA 1005.90.90.002). Antes de importar esos productos, los importadores deben 
pagar el recargo de importación al Departamento de Comercio Exterior ". 
Question 4  
Podría Tailandia brindar información sobre el motivo o fundamentación de los  recargos a la 
importación de harina de pescado con un contenido de proteínas superior al 60% (SA  2301.20.20); 
tortas de soja (soya) (SA 2304.00.90); y maíz forrajero (SA  1005.90.90.002).  
[Could Thailand provide the reasons why the following products have to pay import duties: 1. fish 
meal with a protein content of more than 60% (2301.20.20) , 2. soya bean cake (2304.00.90), 
3. maize for feedstuff  (1005.90.90.002)? ] 
Answer  
Import surcharges are applied to Soya bean cake, Maize for feedstuff, and fish meal with a protein 
content of more than 60% in order to stabilize domestic price of raw material for animal feed 
appropriately.  WT/TPR/M/ 400/Add.1  
 
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 3.1.4  Prohibiciones, restricciones y licencias de importación  
En el párrafo 3.38 indica la Secretaria que "3.38.  De conformidad con el artículo 5 de la Ley de 
Exportación e Importación, E.B. 2522 (1979), el Ministro de Comercio, con la aprobación del Consejo 
de Ministros, puede publicar notificaciones en la Gaceta Of icial para restringir las importaciones (y 
las exportaciones) por motivos tales como la estabilidad económica, la salud pública, la seguridad 
nacional, la paz y el orden, la moral o cualquier otro motivo de interés nacional ". 
Question 5  
Podría Tailandia co mpartir información si en los últimos 3 años, ha hecho uso del artículo 5 de la Ley 
de Exportación e Importación, E.B. 2522 (1979), el cual autoriza al Ministro de Comercio, con la 
aprobación del Consejo de Ministros, a restringir las importaciones (y las exportaciones) por motivos 
tales como la estabilidad económica, la salud pública, la seguridad nacional, la paz y el orden, la 
moral o cualquier otro motivo de interés nacional.  
[Could Thailand share information about whether or not in the last three  years they have made use 
of article 5 of the Export and Import Act B.E. 2522 (1979), which authorises the trade minister, with 
the approval of the council of ministers to restrict imports or exports for reasons of economic 
stability, health, national secu rity, peace, order, morals or any other reason affecting the national 
interest? ] 
Answer  
During  2018 – 2020, Thailand notified two law/regulations issued under article 5 of the Export and 
Import Act B.E. 2522  (1979) as follows : 
1) Notification of the Ministry of Commerce Regarding the Determination of Used Motor 
Vehicles as Import Prohibited Goods or Subject to Import Licensing into the Kingdom of 
Thailand B.E. 2562 (2019)  
2) Notification of the Ministry of Commerce Regarding the Determination of Used Motor 
Vehicl es as Import Prohibited Goods or Subject to Import Licensing into the Kingdom of 
Thailand (No.2) B.E. 2562 (2019) . 
3.1.5  Medidas antidumping, compensatorias y de salvaguardia  
3.1.5.1  Medidas antidumping y compensatorias  
En el párrafo 3.47 la Secretaria informa que "La legislación sobre medidas antidumping y 
compensatorias -la Ley de Medidas Antidumping y Compensatorias, E.B. 2542 (1999) - se modificó 
el 22 de mayo de 2019, y la modificación entró en vigor el 18 de noviembr e de ese año. Las 
autoridades han indicado que presentarán la correspondiente notificación a la OMC cuando esté 
ultimada la traducción al inglés. Asimismo, las autoridades han señalado que la modificación aclara 
ciertos aspectos, incluidas las disposicione s contra la elusión ". 
Question 6  
Podría Tailandia compartir información sobre ¿Cuáles fueron los cambios sustanciales que se 
incorporaron a legislación tailandesa vigente sobre medidas antidumping y compensatorias al 
modificar la ley E.B. 2542 (1999), con el fin de hacer más eficientes y efectivas las investigaciones 
por comercio internacional desleal?  
[Could Thailand share information about what substantial changes were made to legislation with 
regards to the Anti -Dumping and Countervailing Act, B.E. 2542 (1999) with the purpose of making 
unfair competition investigations more effective? ] 
Answer  
The amendment has added a new chapter relating to Anti -Circumvention in order to enhance the 
effectiveness of AD/CVD measures by extending Anti -dumping duties not e xceeding the residual WT/TPR/M/ 400/Add.1  
 
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 anti-dumping duty may be extended to imports from companies which circumvent the measure in 
force.  
3.3 Medidas que Afectan a la Producción y al Comercio  
3.3.6  Política de competencia y regulación de los precios  
3.3.6.4  Regulación y control de los precios  
La Secretaria informó en el párrafo 3.216 que "La CCP mantiene dos tipos de listas, una en la que 
figuran los productos y servicios sujetos a vigilancia de precios (cuadro 3.26), y otra que contiene 
los productos y servi cios sujetos a control de precios (cuadro 3.27). Ambas listas se actualizan 
periódicamente ". 
Question 7  
Colombia desearía profundizar en el sistema de vigilancia de precios y en las subvenciones sobre en 
el sector agrícola de Tailandia. ¿Estas subvenciones  son compatibles con el Artículo  5 del Acuerdo 
de Subvenciones de la OMC?  
[Colombia would like to know more about the price monitoring and subsidies related to agricultural 
production in Thailand. Are these subsidies compatible with article 5 of the WTO ag reement on 
subsidies? ] 
Answer  
The list of goods and services that the Department of Internal Trade (DIT) monitor prices, are divided 
into three categories: i) Sensitive List: to be monitored daily ii) Priority Watch List: to be monitored 
twice a week, and iii) Watch List: to be monitored every 15 days or every month.  
Factors to be considered in listing such goods and services include, among others : 
- The goods or services are necessary for consumption  
- Prices of raw materials tend to rise  
- Market demand is high  
- The goods or services are sensitive to price fluctuation . 
Therefore, these goods and services are under close price surveillance by the DIT.  
3.3.1  Incentivos  
3.3.1.2.3.2  Otros incentivos ofrecidos por la BOI  
Tailandia Plus  
En el párrafo 3. 138 se indica que "En septiembre de 2019, Tailandia presentó Tailandia Plus, un 
conjunto de medidas de estímulo dirigidas a atraer empresas extranjeras para que se establezcan 
en el país y a acelerar las inversiones a gran escala, así como a reforzar la ca pacitación de la mano 
de obra. Las nuevas medidas comprenden un conjunto mejorado de incentivos para los proyectos 
que impliquen una inversión igual o superior a THB 1.000 millones, nuevos incentivos para las 
empresas que lleven a cabo actividades de desar rollo de los recursos humanos e incentivos revisados 
para animar a las empresas a establecer centros de formación en ciencias, tecnología, ingeniería y 
matemáticas o de formación profesional ". WT/TPR/M/ 400/Add.1  
 
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 Question 8 
¿Podría el gobierno de Tailandia explicar en mayor detalle las medidas de estímulo establecidas en 
septiembre de 2019 en el marco del programa Tailandia plus para atraer empresas extranjeras con 
inversiones a gran escala? ¿En qué consisten los incentivos "revisados " para promover actividades 
de desarrollo de los recursos humanos y el establecimiento de centros de formación en ciencias, 
tecnología, ingeniería y matemáticas?  
[Could the Thai government explain the stimulus measures adopted in September 2019 in  the 
framework of the Thailand Plus to attract foreign companies with large scale investments? What are 
the revised incentives to promote human resources development, and the establishment of teaching 
centers in science, technology, engineering and math? ] 
Answer  
"Thailand Plus package " covers comprehensive measures that will enhance Thailand 's attractiveness 
as an investment location, including investment acceleration incentives, fiscal measures supporting 
STEM manpower development, deregulation, and impro ved pre - and post -investment services. 
Additional incentives include reduction of corporate income tax and additional tax exemption.  
4 POLÍTICAS COMERCIALES, POR SECTORES  
4.2 Pesca  
4.2.3  Política pesquera  
4.2.3.1  Marco jurídico, institucional y normativo  
En los párrafos 4.33 y 4.44 se informa que "En 2019 la industria pesquera representó el 0,68% del 
PIB (0,8% en 2013) y el 2,13% de las exportaciones totales (2,9% en 2014). Según la información 
en línea del Departamento de Pesca, en 2018 el sector de la pes ca estaba compuesto por:  
• un subsector de pesca marina, que contaba con 11.069 embarcaciones de pesca comercial 
con 155.757 trabajadores (64.935 tailandeses y 90.822 extranjeros), y 
21.460  embarcaciones artesanales con 32.190 trabajadores; y  
• un subsector de acuicultura, con 571.355 trabajadores. 2 
La captura marina total se redujo de 2 millones de toneladas en 2007 a 1,4 millones de toneladas 
en 2019, probablemente debido al problema de la sobrepesca y a las medidas adoptadas por el 
Gobierno para  controlar la pesca ilegal, no declarada y no reglamentada (INDNR). Según los datos 
de las autoridades, el porcentaje de captura marina dentro de la zona económica exclusiva (ZEE) de 
Tailandia aumentó considerablemente (del 58% en 2007 a casi el 100% en 20 19), mientras que la 
pesca fuera de Tailandia disminuyó ". 
Question 9 
¿La medida que prohíbe a los extranjeros la pesca en lo que respecta a la captura de animales 
acuáticos en aguas tailandesas y en zonas económicas específicas, pero que puedan trabajar en  la 
tripulación de una embarcación pesquera a condición de que estén registrados en Tailandia como 
trabajadores extranjeros, cumple con los parámetros de Trato Nacional del GATT y del GATS?  
[Does the measure which forbids foreigners from fishing and captur ing marine life in Thai territorial 
waters and in the Thai specific economic zones, but allows them to work as crew on a fishing vessel 
as long as they are registered in Thailand as foreign workers, respect the national treatment 
parameters of GATT and GAT S?] 
 
2 DOF, Thailand Fisheries Overview . Consultado en: 
https://www4.fisheries.go.th/index.php/dof_en/view_message/215 . WT/TPR/M/ 400/Add.1  
 
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 Answer  
According to Notification of Ministry of Labour regarding the Professions and Occupations prohibited 
to foreigners B.E. 2563 (2020), working in fishery is under the third category where foreign workers 
are allowed if employer presents.  
Question 10  
En el párrafo 4.42 sobre la política pesquera, se indica que "En el caso de las embarcaciones que 
enarbolan el pabellón tailandés en aguas internacionales, se prevé la presencia de observadores del 
Departamento de Pesca a bordo para vigilar la pesca y el transbordo de los cargueros. ". 
Podría Tailandia dar más detalles sobre cómo funciona el sistema de observadores a bordo, el tipo 
de información que recogen y control que ejercen, así como explicar cuál es procedimiento que se 
sigue en caso de identificación de barcos u operadores que infrinjan actividades de pesca ilegal, no 
declarada y no reglamentada.  
[Could Thailand provide more details about how the system of observers onboard works? What 
information do they collect? What control do they pe rform? What is the procedure if illegal, 
unreported, and unregulated fishing vessels are detected? ] 
Answer  
Observers onboard duties are as follows:  
1) Observe and collect biological data (aquatic animal composition, transshipment sample 
collection, related ac tivities such as selecting, processing, marine catch transshipment, 
observing parts of vessel, storage rooms, vessel bridge, and also fishing gear 
technology).  
2) Record biological information or information about the practice of conservation 
measures and man agement such as biological data of aquatic animals, number of 
incidental catches and thrown back to the sea, types of fishing gears, size of nets/trawls, 
fishing log book, fish transshipped, and also sign in transshipment declaration.  
Currently, the Fishing and Fleets Management Division under the Department of Fisheries, Thailand 
requires observers to collect data and pictures of vessels suspected operating unregistered vessels 
or adherent with international organizations, and send to fisheries autho rities via electronic 
communication tools for further consideration.  
Question 11  
En el informe de la Secretaría, párrafo 4.43 y el cuadro 4.6 se indican las estrategias de ordenación 
de la pesca.  
Podría Tailandia ofrecer mayores detalles sobre el alcance y funcionamiento de las estrategias para 
"Aumentar la producción pesquera y mejorar la capacidad de los piscicultores " y para "Mejorar la 
competitividad ". 
[Could Thailand provide additional information on the reach and way of working of the strategies to 
"Improve fish production and the capability of fish farmers" and to "Improve competitiveness"? ] 
Answer  
Thailand works on various strategies as follows:  
1) To develop aquatic animal production  
- Organize organic agriculture projects  WT/TPR/M/ 400/Add.1  
 
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   - Promote aquaculture of new economic aquatic animals  
2) To improve capability of fish farmers  
- Use Mega Farm project to increase income and reduce production costs of fish farmers.  
3) To enhance the competitiveness  
- Promote online selling and measures to prevent COVID -19 in export products.  
Question 12  
El párrafo 4.46 del informe de la Secretaría, se indica que existen 35 líneas arancelarias que están 
sujetas a tipos alternativos. Una de ellas es la correspondiente a aletas de tiburón.  
Podría Tailandia indicar cuál es el arancel aplicable a este producto y qué tipo de controles se aplican 
a la impo rtación de este. ¿Cómo responden estos controles a las políticas de lucha contra la pesca 
ilegal?  
[Could Thailand explain what tariffs and what controls are applied to this product? How do these 
controls relate to the fight against illegal fishing? ] 
Answer  
The Department of Fisheries use legal measures on sanitation as follows:  
1) The Animal Epidemics Act. B.E.2558 (2015)  
2) The Food Act, B.E. 2522 (1979)  
3) The combat of IUU fishing measure is the Royal Ordinance on Fisheries, B.E. 2558 
(2015) and additional amen dments . 
Implementing these law and regulations, importation of aquatic animals to Thailand requires 
importers to show Catch Certificate or any other documents to confirm that the imported fishes have 
been caught legally and not involved the IUU fishing.  
4.4 Manufacturas  
En el párrafo 4.85 se señala que "En 2019 la Oficina de Economía Industrial, dependiente del 
Ministerio de Industria, puso en marcha un Plan de Acción para el Desarrollo Industrial (2019 -2037), 
con el propósito de "avanzar hacia una industria impulsada por el conocimiento en conexión con la 
economía mundial". Los principales objetivos son mejorar la competitividad industrial de Tailandia 
en el mundo; generar más ingresos y crear más empleo, y asegurar un crecimiento económico 
continua do y estable; y hacer del desarrollo industrial un motor esencial para transformar Tailandia 
en un país desarrollado y de ingresos altos. Según las autoridades, en el Plan se establecen unos 
objetivos específicos en lo que se refiere a las tasas de crecimi ento anual mínimas en el 
período  2019-2037 para los siguientes indicadores: una contribución del sector industrial al PIB igual 
o superior al 4,5%; una tasa de inversión en el sector industrial igual o superior al 10%; un valor 
de las exportaciones igual o  superior al 8%; una productividad total de los factores igual o superior 
al 2% ". 
Para alcanzar estos objetivos el párrafo 4.86 señala que "en el Plan se definen cinco subsectores y 
tres directrices orientadas a su desarrollo ". 
El párrafo 4.87 indica que "esos cinco subsectores son los siguientes: i) el subsector de la agricultura 
y la biotecnología, como la industria de los alimentos y las bebidas, la agroindustria y la bio -industria; 
ii) el subsector de la salud, el bienestar y la biomedicina, como la ind ustria farmacéutica y de los 
productos fito -terapéuticos, los dispositivos médicos y los servicios médicos; iii) el subsector de los 
dispositivos inteligentes, la robótica y la mecatrónica, como las industrias robótica, aeroespacial, WT/TPR/M/ 400/Add.1  
 
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 automovilística y de l as partes de automóviles; iv) el subsector de la industria digital, como los 
servicios de centros de cálculo, informática en la nube e integración de sistemas; y v) el subsector 
de las industrias creativas, la cultura y los servicios de alto valor ". 
Questi on 13  
Colombia desearía conocer sobre el Plan de Acción para el Desarrollo Industrial de Tailandia, cuyo 
objetivo es incrementar el valor medio de las exportaciones en, al menos, un 8% anual. En particular, 
nos gustaría saber con más detalle ¿Cómo Tailandi a ha estructurado los incentivos para aumentar 
sus exportaciones? Y ¿Cómo las mismas son compatibles con el Artículo 5 del Acuerdo de 
Subvenciones de la OMC?  
[Colombia would like to understand the Action Plan on Industrial Development, which aims to 
increase export value by 8% annually. In particular, we would like to know how Thailand has 
structured incentives to increase exports and how these are compatible with article 5 of the WTO 
treaty on subsidies. ] 
Question 1 4 
¿Qué tipo de incentivos consagra el Plan para las Industrias Primarias de Petroquímica y Química, 
Energía, Metalurgia, Embalaje, Maquinaria, Molturación y Minería? ¿Son estos incentivos 
subvenciones recurribles según el Artículo 5 del Acuerdo de Subvenciones de la OMC?  
[What kind s of incentives are in the Plan for Primary Petrochemical Industries, Chemistry, Energy, 
Welding, Packaging, Machinery and Mining? Are these incentives actionable subsidies as defined in 
article 5 of the WTO Subsidy Agreement? ] 
Answer  for Q1 3-Q14 
The indus trial sectors under the action plan are the target industries that the Ministry of Industry 
considered as the important engines of economic growth. They consist of 5 groups namely; 
(1) Agriculture, Food processing and Biotechnology, (2) Public Health, Heal th, and Medical 
Technology, (3) Electronically Controlled Mechanical, Smart Devices, and Robots e.g. automotive 
and parts, electrical appliances and telecommunication equipment, robots, and aircraft, (4) Digital 
Groups e.g. internet technology, connected d evices, artificial intelligence, software development, 
e-commerce, and data center cloud computing, and (5) Creative Industry Capital, Culture and High 
Value Services e.g. tourism, fashion industry, lifestyle industry, creative media and animation 
industry . Instead of utilizing import substitution or export support measures. The Ministry of 
Industry 's measures focus on building a necessary infrastructure and creating good business 
environment to promote investment in the abovementioned industries in order t o reach the stated 
goal. 
Question 15  
En el párrafo 4.93 se destaca que "El Gobierno ha puesto en marcha el modelo económico 
"Tailandia  4.0", destinado a impulsar el crecimiento económico a través de la innovación. Con el fin 
de favorecer una reestructuración industrial conforme a este modelo, la BOI ha promovido las 
inversiones en sectores y tecnologías designados, entre ellos los relacionados con el modelo BCG. 
En este contexto, se conceden diversos incentivos al sector manufacturero en forma  de, entre otras, 
la exención temporal del impuesto sobre la renta de las sociedades y la exención de los derechos de 
importación en el marco de la Política de Promoción de las Inversiones de la BOI. También se 
conceden varios incentivos fiscales y no fisc ales a las empresas establecidas en el corredor 
económico oriental, las zonas francas aduaneras y las zonas francas de la Administración de 
Polígonos Industriales de Tailandia. Asimismo, se ofrecen diversos incentivos para atraer IED en el 
marco del conjun to de medidas Tailandia Plus (sección 3.3.1). En septiembre de 2019, la BOI puso 
en marcha una amplia gama de medidas de promoción de las inversiones, como nuevos incentivos 
fiscales para los centros de enseñanza y de formación profesional especializados e n ciencia, 
tecnología, ingeniería y matemáticas, con el fin de potenciar el desarrollo de los recursos humanos. 
Las autoridades han señalado que se otorgan los mismos incentivos a los inversores nacionales y a 
los extranjeros para las actividades admisible s". WT/TPR/M/ 400/Add.1  
 
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 Podría Tailandia profundizar los detalles sobre la política de desarrollo "Tailandia 4.0 ", y confirmar 
si en la implementación de esta política se toman medidas contra el uso de programas informáticos 
sin licencia y el robo de señales de cable y de sat élite, en los términos del Artículo 10 del ADPIC?  
[Could Thailand provide more detail about the "Thailand 4.0 " development policy and confirm 
whether measures in this program against the use of unlicensed software and the theft of cable or 
satellite signal  are addressed as in the terms of article 10 of TRIPS? ] 
Answer  
The Thailand 4.0 national strategy primarily is the development plan to put creativity, innovation, 
and value -based economy as the engine of growth. Therefore, the policy would not support any 
violation or unlicensed intellectual properties required by international standards and practices. In 
addition, the strategy 6 of Thailand Digital Economy and Society Development Plan aims to build 
trust and confidence in the use of digital technology in b oth economic and social sector. The strategy 
includes a plan to amend and update related laws which include intellectual property law to promote 
innovation and comply with international standards to support the utilization of digital technology.  
More detai ls about the "Thailand 4.0" policy can be found in paragraph 3.4 of the Government 
Report. Thailand has consistently tackled with the use of unlicensed software and the theft of cable 
or satellite signals. Effective IPR protections including copyright prot ection go hand in hand with 
promoting the digital economy under the Thailand 4.0 policy  and consistent with the Article 10 of 
TRIPS Agreement.  
4.5 Servicios  
4.5.4  Turismo  
En el párrafo 4.204 se informa que "… las autoridades han tomado medidas para mejorar la 
preparación del sector, como la puesta en marcha de un sistema de certificación de la gestión en 
materia de seguridad y salud. El objetivo de la certificación es mejorar los protocolos seguidos para 
la prestación de servicios, poniéndolos en con formidad con las directrices sanitarias internacionales 
más recientes relativas a la COVID -19. Además, en junio de 2020, el Consejo de Ministros aprobó 
la propuesta de poner en marcha tres paquetes de medidas para impulsar el turismo nacional. En el 
marco de estas medidas se dará un apoyo económico a los turistas nacionales que hagan gasto en 
el mercado interno ". 
Question 16  
¿Podría el Gobierno de Tailandia ampliar la información sobre los tres paquetes de medidas para 
impulsar el turismo local? Por ejemplo : acciones, ámbito de aplicación de cada una de las medidas, 
recursos destinados para cada paquete, duración de las medidas.  
De otro lado, ¿Cuál es el mecanismo que van a utilizar para entregar el apoyo económico a sus 
ciudadanos que hagan gastos en el tu rismo interno? ¿Por cuánto tiempo pretenden mantener esa 
medida? ¿Cuántos serán los recursos económicos previstos para ese beneficio económico?  
[Could the Thai government provide more information on the three tourism packages to boost local 
tourism? For ex ample: actions, area of application of each measure, resources destined for each 
measure, and duration of each measure.  ] 
Answer  
Thailand 's Cabinet approved three packages intended to boost Thailand 's declining tourism industry, 
hit hard by the COVID -19 pandemic.  
The funding for the three packages will come from the THB 1.9 trillion budget intended to cushion 
the impacts on the economy and the Thai people from COVID -19 pandemic.  WT/TPR/M/ 400/Add.1  
 
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 The first package is intended to provide incentives to about 1.2 mil lion front -line medical personnel 
and public health volunteers. Each will be given 2,000 baht travelling expenses for two days and 
one night. The package is estimated to cost the taxpayer 2.4 billion baht.  
The second package is intended to encourage two mi llion people to travel and spend. Each will be 
given 1,000 baht to cover 40% of their travel by air, public bus or by rented car. The cost of this 
package is estimated at 2 billion baht.  
The third, which will cost an estimated 18 billion baht, will cover 4 0% of the hotel expenses of 
customers, for room rates not exceeding 3,000 baht per night, and food expenses. Hotels wanting 
to join this program must register with the state -owned Krung Thai Bank.  
[What mechanisms will be used to provide resources to those  citizens who engage in national 
tourism? How long will those resources be available? ] 
Answer  
In order to promote domestic travel in the final quarter, the Ministers of Finance, and Tourism and 
Sports are planning to prolong and change the parameters of th e We Travel Together tourism 
initiative and possibly extending this initiative. The domestic tourism stimulus program, launched on 
15 July, is part of the government 's attempt to spur domestic travel since due to the COVID -19 
pandemic, international touris ts are still prohibited from entering the world.  
At 40 % of usual room prices, the government subsidizes 5 million nights of hotel lodging, with the 
discount being restricted to 3,000 baht a night for up to five nights. The other 60 % is accountable 
to visi tors. Subsidies are set at 600 baht per room per night for other facilities, including food. The 
subsidized tourism facilities would operate outside the home provinces of the tourists and are 
restricted to 40 % of real costs, with the remainder being charge d by tourists. According to the Fiscal 
Policy Office (FPO), about 1.2 million rooms have been utilized by individuals in the program.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNEMENT – WT/TPR/ G/400  
En el párrafo 3.39 – 3, se indica que "En el caso de las embarcaciones que enarbolan el pabellón 
tailandés y faenan en aguas internacionales, el Departamento de Pesca ha establecido medidas para 
controlar, vigilar y prevenir la pesca ilegal, incluido el es tacionamiento de observadores a bordo para 
vigilar la pesca y el transbordo de cargueros en aguas internacionales. A este respecto, se ha creado 
la Red de Información sobre la Pesca, que es una base de datos electrónica en tiempo real de 
embarcaciones pesq ueras que vincula diversos datos para que la unidad de operaciones pueda 
inspeccionar y vigilar con eficacia y precisión. "  
Question 17  
Podría Tailandia dar más información sobre el número de embarcaciones que realizan faena de pesca 
en aguas internacional es. 
Qué porcentaje de la captura marina total representa la pesca realizada en aguas internacionales?   
Las embarcaciones que realizan faena en aguas internacionales se benefician de los programas de 
ayuda interna ofrecidos por la Junta de Inversiones u otr as entidades del gobierno, según lo referido 
en el 4.51 del informe de la Secretaría?  
[How many vessels are carrying out fishing in international waters? ] 
[What share of the national catch is from international waters? ] 
[Are vessels operating in international waters receiving help from the Board of Investment or other 
entities as mentioned in 4.51 of the Secretariat Report? ] WT/TPR/M/ 400/Add.1  
 
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 Answer s 
Currently, four commercial fishing vessels are permitted to do fishing outside Thai waters and 
11,069  commercial fishing are permitted to do fishing in Thai waters. In 2019, the catch volume of 
fisheries in Thai waters was 1,410,414 tons and the catch volume outside of T hai waters was 
251 tons. The overseas fishing fleets do not get supports from the Board of Investor (BOI).  
Question 18  
¿El sector de la pesca se beneficia de subsidios a los combustibles? ¿En particular, este sector se 
beneficia de la Ley del Fondo del Pet róleo?  
[Does the fishing sector benefit from fuel subsidies? Specifically, is it supported with help from the 
Oil Fuel  Fund?]  
Answer  
The fishing sector receives neither fuel subsidies nor any support from the Oil Fuel Fund.  
  WT/TPR/M/ 400/Add.1  
 
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 COLOMBIA – 1ST ADDITIONAL QUESTIONS  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT – WT/TPR/S/400  
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.3 Medidas que Afectan a la Producción y al Comercio  
3.3.2  Normas y otras prescripciones técnicas  
1) El parágrafo 3.140 señala lo siguiente:  
"Desde el anterior examen no ha habido cambios importantes en el marco institucional por el que 
se rigen las normas y la evaluación de la conformidad. El Instituto Tailandés de Normalización 
Industrial (TISI), que d epende del Ministerio de Industria, fue establecido en 1969 en virtud de la 
Ley de Normas sobre los Productos Industriales, E.B. 2511 (1968). Se encarga de la elaboración de 
normas nacionales (tanto voluntarias como obligatorias), la certificación y el reg istro de productos, 
y la participación en las actividades de normalización regionales e internacionales. Además del TISI, 
los siguientes organismos se encargan de diversos aspectos de los reglamentos técnicos y las 
normas:  
• la Oficina Nacional de Normas sob re Productos Básicos Agrícolas y Productos Alimenticios 
(ACFS), dependiente del Ministerio de Agricultura y Cooperativas, se encarga de la 
aplicación de las normas a lo largo de la cadena de suministro de alimentos, la acreditación 
de los organismos de cer tificación e inspección de productos agropecuarios y alimentos, 
la cooperación internacional y el control de las normas alimentarias;  
• el Ministerio de Comercio se ocupa de la política y legislación sobre metrología;  
• el Instituto Nacional de Metrología (Tai landia), dependiente del Ministerio de Ciencia y 
Tecnología, se encarga de la aplicación de la reglamentación relativa a la metrología; y  
• la Oficina del Consejo Nacional de Normalización (NSC) y su red de organismos, incluidos 
el Departamento de Servicios Médicos, el Departamento de Servicios Científicos y la ACFS, 
se ocupan de la acreditación de las organizaciones de evaluación de la conformidad. "  
Question  19 
¿Tailandia podría proporcionar más información sobre su experiencia en la revisión de reglamentos 
técnicos?  
[Could Thailand provide more information on its experience in reviewing technical regulations? ] 
Question 20  
¿Cómo se incorporan las buenas prácticas de regulación en el proceso adoptado por TISI?  
[How are good regulatory practices incorporated into the process adopted by TISI? ] 
Answer  for Q19-Q20 
In the process of developing standard, the international standards such as International Organiza tion 
for Standardization (ISO), International Electrotechnical Commission (IEC) are recognized to ensure 
conformity and harmonization between national and international standards. Before regulating a 
compulsory standard, the public consultation is held to welcome comments from stakeholders. 
Furthermore, the standard is reviewed every five years.  WT/TPR/M/ 400/Add.1  
 
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 2) Los parágrafos 3.149 a 3.151 señalan lo siguiente:  
"3.149. En el marco de la OMC, el TISI es el servicio de información para cuestiones de la OMC 
relacionadas con los reglamentos técnicos sobre productos industriales, y la ACFS cumple la misma 
función con respecto a los productos alimenticios y agropecuarios. Tailandia aceptó el Código de 
Buena Conducta para la Elaboración, Adopción y Aplicación de Normas que figura en el Anexo 3 del 
Acuerdo sobre Obstáculos Técnicos al Comercio (Acuerdo OTC) ". 
3.150. Entre el 1 de enero de 2015 y el 27 de julio de 2020, Tailandia presentó 234 notificaciones 
al Comité de Obstáculos Técnicos al Comercio de la OMC, inc luidas 135 notificaciones ordinarias, 
7 corrigendum, 71 addendum y 21 revisiones. La mayor parte de las notificaciones se hicieron en 
virtud del artículo 2.9 del Acuerdo OTC y fueron presentadas en su mayoría por el TISI, con un plazo 
de 60 días para la fo rmulación de observaciones. Las notificaciones relativas a los productos 
agropecuarios y alimenticios fueron presentadas por la ACFS. La mayoría de las notificaciones se 
referían a la salud o seguridad humanas, algunas a la protección del consumidor median te el 
etiquetado, la protección del medio ambiente, o la reducción de los obstáculos al comercio y la 
facilitación del comercio ". 
3.51. Durante el período examinado, en el Comité OTC de la OMC se plantearon algunas 
preocupaciones comerciales específicas co ntra Tailandia en relación con los siguientes puntos:  
• nuevas prescripciones de certificación para la importación de bebidas espirituosas;  
• normas, procedimientos y condiciones aplicables al etiquetado de bebidas alcohólicas; y  
• controles de la promoción de a limentos para lactantes y niños pequeños y productos 
conexos. " 
Question 21 
¿Tailandia cuenta con mecanismos de coordinación con partes interesadas para tratar asuntos 
relacionados con Obstáculos Técnicos al Comercio OTC? ¿Cómo funciona y qué entidad lo rea liza? 
[Does Thailand have coordination mechanisms with stakeholders to deal with issues related to TBT? 
How does it work and what entity does it?]  
Question 22  
¿Tailandia apoya a las empresas a identificar asuntos relacionados con Obstáculos Técnicos al 
Comercio OTC que puedan afectar el comercio? ¿Cómo funciona y qué entidad lo realiza?  
[Does Thailand support companies to identify issues related to TBT that may  affect trade? How does 
it work and what entity does it?]  
Question 23  
¿Tailandia monitorea y revisa reglamentos técnicos previstos o adoptados por otros países miembros 
de la OMC y ayuda en la formulación de comentarios y observaciones?  ¿Cómo funciona y qu é entidad 
lo realiza?  
[Does Thailand monitor and review technical regulations envisaged or adopted by other WTO 
member countries and assist in making comments and observations? How does it work and what 
entity does it? ] 
Answer  for Q21-Q23 & Q25 
TISI has circulated the notifications of other members under the Technical Barriers to Trade 
agreement to Thai stakeholders, including government agencies and private sectors, for comment. 
Any comment or question from the stakeholders is forwarded to the e nquiry point of other members 
for their consideration. For specific trade concerns (STCs), all STCs will be submitted to the Thai TBT WT/TPR/M/ 400/Add.1  
 
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 Committee, comprising of representatives from government agencies and private sectors, for 
approval before raising or resp onse STCs in WTO/TBT Meeting.  
Question 24 
¿Tailandia hace uso de la herramienta E -PING de la OMC? ¿Cómo ha sido su experiencia y para que 
fines utiliza la herramienta?   
[Does Thailand make use of the WTO ePing tool? How has your experience been and for wha t 
purposes do you use the tool? ] 
Answer  
TISI uses the WTO ePing tool to search for the information related to the notifications and interesting 
technical regulations. However, the information updated on ePing website is one day late comparing 
with Informat ion Management System. Therefore, using IMS is more preferable.  
Question 25 
¿Tailandia tiene mecanismos que involucren diferentes partes interesadas, para construir 
preocupaciones comerciales especificas a medidas de otros países miembros y para la defensa de 
las preocupaciones presentadas contra Tailandia? ¿Qué mecanismo, cómo funciona y qué entidad 
está a cargo de esta actividad?  
[Does Thailand have mechanisms that involve different stakeholders, to build specific trade concerns 
to measures of othe r member countries and to defend the concerns raised against Thailand? What 
mechanism, how does it work and what entity is in charge of this activity? ] 
Answer  
See the answer above.  
  WT/TPR/M/ 400/Add.1  
 
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 COLOMBIA – 2ND ADDITIONAL  QUESTIONS  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Evolución económica reciente  
1.9. Las medidas de salud pública adoptadas por Tailandia han sido bastante eficaces para contener 
rápidamente la propagación de la COVID -19 y se ha registrado un número relativamente pequeño 
de casos confirmados y muertes en comparación con otros países de la región y del mundo. No 
obstante, los costos económicos y sociales de la pandemia, resultantes de las medidas de contención 
aplicadas por muchos países y Tailandia, han sido importantes. En el  primer trimestre de 2020, la 
economía tailandesa se contrajo un 1,8% interanual, y más de 170.000 trabajadores del sector 
formal solicitaron prestaciones por desempleo. Se prevé un aumento de las pérdidas de empleo en 
los trimestres segundo y tercero de 2 020, dado que hay 8,4 millones de puestos de trabajo en riesgo 
en las industrias manufactureras y de servicios como resultado del brote de COVID -19, que se suman 
a otros 6 millones de puestos de trabajo agrícolas afectados por la sequía generalizada.  
Quest ion 
Dado que la industria de los servicios representa más del 50% del empleo total, además de las 
medidas fiscales tomadas, ¿cuáles son las medidas específicas que se dispone Tailandia a tomar 
para incentivar la industria de los servicios y revertir el efe cto de la pérdida de empleos en el corto, 
mediano y largo plazo?  
Question  
Acuerdos regionales y preferenciales  
2.27.  En cuanto al comercio de servicios, se han liberalizado 12 sectores de servicios principales, 
que comprenden 128 subsectores. En 2018 se firmó el Protocolo de Aplicación del 10º Conjunto de 
Compromisos sobre Servicios Financieros en virtud del Acuerdo Marco de la ASEAN sobre Servicios 
(AFAS). Además, en abril de 2019 se concluyó el Acuerdo de la ASEAN sobre el Comercio de Servicios 
(ATISA),  que se venía negociando desde 2013 y ahora se encuentra en el proceso de firma y 
ratificación. El ATISA consolida los logros alcanzados en el marco del AFAS, prevé una futura 
transición a un enfoque de lista negativa para la consignación de los compromiso s de liberalización, 
y a la larga sustituirá al AFAS.  Se está elaborando un plan de trabajo para la presentación de las 
listas de medidas no conformes. En lo que respecta a la integración financiera, en abril de 2019, se 
firmó el Protocolo de Aplicación de l Octavo Conjunto de Compromisos sobre Servicios Financieros 
en virtud del AFAS, que entró en vigor en octubre de ese año, y los miembros han iniciado las 
negociaciones sobre el noveno conjunto de compromisos. De forma análoga, han proseguido los 
esfuerzos  para facilitar la movilidad de los profesionales de los servicios mediante la aplicación del 
Acuerdo de la ASEAN sobre el Movimiento de Personas Físicas, el Acuerdo de Reconocimiento Mutuo 
de la ASEAN sobre Servicios y el Marco de Referencia de Cualificac iones de la ASEAN.  
¿Cuándo  prevé  Tailandia  que se perfeccione  la transición  a un enfoque  de lista negativa  para la 
consignación  de los compromisos  de liberalización  del Acuerdo  de la ASEAN  sobre  el Comercio  de 
Servicios  (ATISA)  en el marco  del AFAS?  ¿Consi dera viable  Tailandia  que dicha transición  también  
se realice  en el marco  de otros acuerdos  comerciales?  ¿Esa es una directriz  de política  comercial?  
Question  
Telecomunicaciones  
4.134.  Tailandia  aspira  a transformarse  en una economía  digital;  el Gobierno  tiene previsto  impulsar  
al máximo  las tecnologías  digitales  en todas  las esferas  de la sociedad  y la economía.  En este 
contexto,  empezó  en 2016 a aplicar  la política  "Tailandia  4.0". Desde  febrero  de 2020,  la inversión  
extranjera  en los servicios  digitales  y los parques  digitales  ya no requiere  autorización  previa  del 
MDES.  
En el marco de este desarrollo en torno a la economía digital, ¿han desarrollado alianzas, trabajos 
o firmado acuerdos con otros países en la materia?  WT/TPR/M/ 400/Add.1  
 
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 Question  
¿Puede  Tailandia  informar  cuales  iniciativas  y listar la mejora  regulatoria  resultante  de la aplicación  
de la política  "Tailandia  4.0"? ¿Qué logros  específicos  ha tenido  Tailandia  con la aplicación  de la 
política  "Tailandia  4.0" y cuáles  son los aspectos  a intervenir  en el corto y mediano  plazo?  
Question  
4.142 . (...) Los principales operadores privados en el mercado (por ejemplo, True y DTAC) tienen 
participación extranjera en el capital.  
¿Existen en Tailandia estrategias de Red Carpet o de atracción a la inversión para el sector de las 
telecomunicaciones? Si sí , ¿cuáles son?  
Question  
4.152.  En 2019, con el fin de impulsar la transición del país hacia una economía digital, Tailandia 
aprobó varias leyes y reglamentos nuevos y modificó los existentes para crear un entorno favorable. 
La Ley de Ciberseguridad creó nu evas autoridades encargadas de combatir los delitos cibernéticos 
y de proteger la infraestructura crítica de información a nivel nacional; la Ley de Protección de los 
Datos Personales establece normas y mecanismos para proteger los datos personales. Además , la 
Ley de Transacciones Electrónicas se modificó en dos ocasiones para tener en cuenta los últimos 
avances tecnológicos.  
En el marco de las leyes y reglamentos nuevos, ¿se han contemplado, analizado y/o aprobado 
normas que incluyan tecnologías de la cuar ta revolución industrial o tecnologías emergentes? ¿cuáles 
son? 
Question  
Régimen  de Inversión  
2.43.  La Ley de Empresas Extranjeras permite al Ministerio de Comercio revisar y eliminar las 
categorías de actividades de las listas mencionadas supra mediante reglamentos ministeriales. 
Durante el período objeto de examen, el Ministerio de Comercio emitió este tipo de reglamentos 
ministeriales en algunos casos: en 2016, se eliminó mediante un reglamento el requisito relativo a 
la licencia de actividad e conómica para extranjeros para las inversiones en banca y en seguros; en 
2017, la exención se aplicó a otras actividades que se rigen por las leyes relativas a las instituciones 
financieras (grupo 1) y a actividades que se rigen por otras leyes específicas  relativas, por ejemplo, 
a la gestión de activos, las oficinas de representación, las oficinas regionales y los servicios por 
contrata prestados a organismos públicos o empresas de propiedad estatal (grupo 2).  Un reglamento 
ministerial emitido en junio de 2019 eximió del requisito de licencia de actividad económica para 
extranjeros a las actividades relacionadas con los servicios de préstamo nacionales, el arrendamiento 
de espacio de oficina y los servicios de consultoría (gestión, comercialización, recurso s humanos y 
TI) entre las sociedades matrices, sus entidades afiliadas y sus filiales.  
¿Cuáles son los criterios aplicados por el Ministerio de Comercio para eliminar requisitos de 
aprobación y/o participación de capital extranjero en los sectores que pert enecen a alguna de las 
tres categorías en las que se restringe la inversión extranjera? Cuando se elimina algún requisito, 
¿ello se hace de forma temporal o permanente?  
Question  
2.49.  Tailandia es miembro del Organismo Multilateral de Garantía de Inversion es (OMGI) del Banco 
Mundial y es parte en la Convención sobre el Reconocimiento de las Sentencias Arbitrales 
Extranjeras. También es signataria del Convenio sobre Arreglo de Diferencias entre Estados y 
Nacionales de otros Estados (Convenio del CIADI), pero  aún no lo ha ratificado. Varios acuerdos de 
libre comercio firmados por Tailandia incorporan disposiciones sobre inversión, o están siendo 
revisados para permitir la inclusión de disposiciones sobre inversión.  WT/TPR/M/ 400/Add.1  
 
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 ¿Cuáles son los acuerdos de libre comercio fi rmados por Tailandia que no contienen capítulos de 
Inversión pero que están siendo revisados para incluir disposiciones de inversión? ¿Qué motivó a 
Tailandia a realizar esa revisión y estimar la conveniencia de contar con disposiciones en materia de 
invers ión en dichos acuerdos comerciales?  
Question  
3.16 El Departamento de Desarrollo Empresarial (DBD) ha emprendido varias iniciativas para facilitar 
la actividad empresarial de los inversionistas extranjeros, como se indica a continuación: (…). 
4. Promulgación de reglamentos ministeriales para eliminar determinados sectores de servicios de 
las listas de la Ley de Empresas Extranjeras, E. B. 2542 (1999), y eximir así a las empresas de la 
obligación de obtener una licencia de actividad económica para extranjeros, a fin de facilitar las 
operaciones comerciales y promover el comercio y la inversión en Tailandia.  
¿Qué criterios emplea el Departamento de Desarrollo Empresarial para eliminar a los sectores de 
servicios de las listas de la Ley de Empresas Ex tranjeras? ¿Existe alguna restricción similar para los 
sectores de bienes? ¿También se están adoptando medidas para facilitar la inversión extranjera en 
bienes?  
Question  
Simplificación normativa  
3.23 El Gobierno ha introducido el concepto de "economía circular", mediante el cual no solo se 
apoya a las industrias para lograr un crecimiento equilibrado y sostenible en todas las esferas, sino 
que también se cumple el Objetivo de Desarrollo Sostenible 12 de las Naciones Unidas, "Garantizar 
modalid ades de consumo y producción sostenibles". En este sentido, el Gobierno ha realizado 
grandes esfuerzos para reestructurar el modelo de producción industrial, que ha pasado de ser lineal 
a ser un nuevo modelo circular que aplica conceptos de rentabilidad, d e gestión de desechos y de 
reciclado de materias primas. Las directrices de desarrollo de la economía circular pueden dividirse 
en tres esferas principales, como se indica a continuación . 
¿Cómo parte de esta política de "economía circular " existe alguna me dida para fomentar las 
inversiones extranjeras sostenibles o responsables? De existir en qué consistes estas medidas?  
Question  
Propiedad Intelectual  
3.222. Las mejoras introducidas a nivel nacional durante el período objeto de examen incluyen el 
establecim iento de un subcomité de lucha contra las infracciones de la propiedad intelectual (dirigido 
por un Vice Primer Ministro), la modificación de la Ley de Marcas de Fábrica o de Comercio para 
regular el registro de las marcas de sonido y la modificación de la  Ley de Derecho de Autor y la Ley 
de Delitos Informáticos para combatir más eficazmente las infracciones de la propiedad intelectual 
en línea. Tailandia ha realizado esfuerzos considerables para simplificar los procesos de examen de 
las marcas de fábrica o  de comercio y las patentes, lo que ha llevado a una reducción de los plazos 
de tramitación de las patentes en el período examinado.  
¿Podría Tailandia informar con mayor detalle cómo funciona el subcomité de lucha contra las 
infracciones de la propiedad intelectual ¿Qué resultados se han obtenido desde la implementación 
de este subcomité?  
Question  
¿Podría Tailandia informar con mayor detalle que herramientas específicamente se incorporaron en 
a la Ley de Delitos Informáticos dirigidas a combatir  más eficazmente las infracciones de la propiedad 
intelectual en línea ¿Qué resultados se han obtenido?  WT/TPR/M/ 400/Add.1  
 
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 Question  
3.70 La Hoja de Ruta abarca seis esferas: 1) la creación de propiedad intelectual, 2)  la protección 
de la propiedad intelectual, 3) la comercia lización de la propiedad intelectual, 4) la observancia de 
la propiedad intelectual, 5) las indicaciones geográficas y 6) los recursos genéticos, los 
conocimientos tradicionales y las expresiones culturales tradicionales. Desde su adopción, la Hoja 
de Ruta  ha orientado el desarrollo del sistema de propiedad intelectual del país, y los organismos 
competentes, encabezados por el Departamento de Propiedad Intelectual (DIP) del Ministerio de 
Comercio, la están aplicando.  
¿Qué acciones se han incluido en la espe ra concerniente los recursos genéticos, los conocimientos 
tradicionales y las expresiones culturales tradicionales? ¿Existe algún mecanismo legal para la 
protección de estos activos a través de la propiedad intelectual?  
Question  
3.74. Tailandia está modifi cando la Ley de Patentes, E.B. 2522 (1979), tanto la sección relativa a 
las patentes como a los dibujos y modelos industriales. En la sección relativa a las patentes, la 
modificación se centra en simplificar los procedimientos de registro de patentes, gara ntizar la 
conformidad con el Protocolo por el que se enmienda el Acuerdo sobre los ADPIC y regular la 
tramitación de las solicitudes de patentes relacionadas con los recursos genéticos y los 
conocimientos tradicionales. En la sección relativa a los dibujos  y modelos industriales, la 
modificación se centra en simplificar los procedimientos de registro de los dibujos y modelos 
industriales y sentar las bases para la adhesión de Tailandia al Arreglo de la Haya.  
¿La modificación a la Ley de Patentes contempla las flexibilidades sobre licencias obligatorias e 
importaciones paralelas que contempla el ADPIC? ¿Cómo se están aplicando estos temas?  
.  WT/TPR/M/ 400/Add.1  
 
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 ECUADOR  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Pág. 58, párrafo 3.20  
"Se aplican derechos alternativos (es decir, un tipo ad valorem  o un derecho específico, según cuál 
de ellos sea más elevado) a 823 líneas arancelarias".  
Al respecto, podría indicarnos Tailandia:  
Question  
¿Cómo se administra la aplicación de los derechos alternativos para un mismo producto, en relación 
a la diferencia existente entre el nivel arancelario  ad valorem  y específico?  
[How is the application of alternate rates administered for the same product, in relation to the 
difference between the ad valorem  rate and specific duty?]  
Answer  
Having calculated the tariff for a particular product by using the ad valorem  and the specific duty 
rates, importers pay the higher tariff obtained from the calculation.  
Question  
¿Qué criterios de aplicación se ut ilizan además del nivel del arancel?  
[What criteria are used to the level of the tariff?]  
Answer  
The level of tariff is set according to the country 's economic situation and industry investment 
environment. Should there be any circumstances such as changes in economics, trade or investment 
which make tariff reductions deem appropriate or necessary, the tariff structure will be revised 
accordingly.  
Question  
¿Cómo esta medida ayuda al principio de previsibilidad en beneficio de los importadores?  
[How d oes this measure help the predictability principle for the benefit of importers? ] 
Answer  
The calculation method is rather straightforward. Hence, the importer can predict the tax burden 
and the benefits of importing before the import.  
Question  
¿Se publican  las dos alternativas de derechos alternativos y criterios de aplicación, o se definen 
internamente?  
[Are the two alternate rates and criteria published, or defined internally?  
Answer  
The two alternate rates are published.  WT/TPR/M/ 400/Add.1  
 
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 Pág. 62, Cuadro 3.4  
"Líneas arancelarias sujetas a tipos aplicados más altos que sus tipos consolidados ". 
Question  
Según se puede observar, el EAV del tipo aplicado sería más alto que el techo consolidado para 
ciertos productos. ¿Podría indicarnos Tailandia cómo esa diferencia se aju sta a los compromisos de 
su Lista de Concesiones y si tiene previsto realizar algún ajuste en el marco de sus compromisos de 
consolidación?  
[As can be seen, the AVE of the applied rate is higher than the bound rate for certain products. Could 
Thailand tell  us how this difference is in line with its Schedule of Concessions commitments and if 
Thailand plans to make any adjustments under its binding commitments? ] 
Answer  
The imposed tariff rates are not higher than the bound rates. Some of these tariff rates are reduced 
by Free Trade Agreement negotiations. However, when revising the possibility of reducing tariff 
rates, the government has to concern about tariff revenues in the short term, and also fiscal 
sustainability in the long term.  
Pág. 64, Párraf o 3.36  
Reconociendo que se trata de una medida diferente a una licencia de importación no automática, 
pero que afectaría también a las importaciones:  
Question s 
¿Podría explicarnos Tailandia cómo los recargos a la importación de harina de pescado, con un 
contenido de proteínas superior al 60%, afecta al precio de materias primas para piensos y su 
estabilización?  
[Could Thailand explain how import surcharges for fish meal with a protein content of more than 
60% affect the price of feed materials and their st ability? ] 
¿Podría indicarnos Tailandia  si esos recargos se cobran en forma de impuestos, tasas u otras figuras 
impositivas?  
[Could Thailand tell us if these surcharges are collected in the form of taxes, fees or other tax 
figures? ] 
¿Bajo qué disposiciones de la normativa multilateral se justifican esos recargos?  
[Under what provisions of the multilateral regulations are these surcharges justified? ] 
Considerando que se tratan de impuestos internos recaudados en frontera, a la importación de 
productos similares, sustitutos, directamente competidores de los de producción nacional ¿Podría 
indicarnos  Tailandia cómo la medida se ajusta a su compromiso en materia de no discriminación, 
trato nacional?  
[Considering that these are internal taxes colle cted at the border, on the importation of similar 
products that are substitutes or directly competitive with those of national production, could Thailand 
indicate how the measure is in line with its commitment regarding non -discrimination, national 
treatme nt?] 
¿Qué sucede con los productos nacionales similares, sustitutos, directamente competidores, deben 
pagar algún tipo de recargo similar y bajo qué figura impositiva lo harían?   WT/TPR/M/ 400/Add.1  
 
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 [What happens with similar domestic products that are substitutes or directly competitive with the 
imports? Must they pay some types of similar surcharge and under what tax figure would they do 
it?] 
Answer s 
Currently, the import surcharge of this product is at 0 Baht/Ton. Thus, is measure does not affect 
the price of feed m aterials and their stability.  
The import surcharges of fish meal content more than 60% are collected in form of charges imposed 
on imported goods.  
The import surcharge of fish meal content more than 60% is currently at 0 Baht/Ton. This apply to 
all FTAs an d from every country. Thus, it is non -discrimination.  
Pág. 64, párrafo 3.38  
"…el Ministro de Comercio, con la aprobación del Consejo de Ministros, puede publicar notificaciones 
en la Gaceta Oficial para restringir las importaciones (y las exportaciones) po r motivos tales como 
la estabilidad económica, la salud pública, la seguridad nacional, la paz y el orden, la moral o 
cualquier otro motivo de interés nacional".  
Question s 
¿Podría indicarnos Tailandia cómo una restricción a las importaciones coadyuvaría a conseguir el 
objetivo de estabilidad económica, cómo se ajusta esta medida a la normativa multilateral?  
¿Qué variables de carácter económico se evaluarían para alcanzar ese objetivo?  
[Could Thailand tell us how the restriction on imports woul d help to achieve the objective of economic 
stability? How does this measure comply with multilateral regulations? ] 
[What economic variables would be evaluated to achieve this objective? ] 
Answer  
To supervise the import - export have quality/standard and co rrespond with an internal demand. 
The import – export measures under the Export and Import Act B.E.  2522 (1979) under the Ministry 
of Commerce are complied with the WTO rights and obligations.  
Pág. 64, párrafo 3.39  
En relación a la disposición normativa que permitiría la prohibición de las importaciones de 
mercancías que compitan con las producidas por una rama de producción nacional, con miras a 
prestar asistencia a esa rama de producción.  
Questio ns 
Según las autoridades la BOI no ha presentado  solicitudes de ese tipo, no obstante ¿Podría 
informarnos Tailandia bajo qué disposiciones de la normativa multilateral se justificaría esa 
prohibición?  
¿Qué criterios debería cumplir una rama de producción nacional para que el BOI pueda solicitar esa 
restricción? ¿La asistencia técnica, de qué se trata, qué temas se incluirían en la misma?  
¿A nivel bilateral, en sus ACRs, Tailandia ha negociado alguna disposición  que permita la aplicación 
de esa posible prohibición?  
[According to the authorities, the BOI has not submitted such requests, however, could Thailand 
inform us under which provisions of the multilateral regulations such a ban is justified? ] WT/TPR/M/ 400/Add.1  
 
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 [What criteria must a domestic industry meet for the BOI to request such a restriction?  Is there any 
technical assistance and what topics would be included in the technical assistance? ] 
[At the bilateral level, in its RTAs, has Thailand negotiated any provision that allows the application 
of this possible ban? ] 
Answer s 
Under the Investment P romotion Act (1977), BOI has no direct authority to impose import restriction 
on any products. The measure is under the consideration of the Ministry of Commerce under the 
requirement of the Export and Import of Goods Act, B.E. 2522 (1979).  
Pág. 66, Cuadro 3.7  
Productos sujetos a prescripciones en materia de licencias de importación 2020, respecto de la 
medida a la harina de pescado con un contenido de proteínas inferior al 60%.  
Question s 
¿Podría indicarnos Tailandia cómo esa medida (licencia no autom ática) ayuda a estabilizar el precio 
de materias primas para la fabricación de piensos?  
¿Qué sucede con la producción nacional de harina de pescado con un contenido de proteínas inferior 
al 60%? ¿Cómo se administra su consumo y comercialización?  
[Regarding  the measure for fish meal with a protein content of less than 60% in Table 3.7, could 
Thailand tell us how this measure (non -automatic license) helps to stabilize the price of raw materials 
used for animal food? ] 
[What happens to the national production o f fish meal with a protein content of less than 60%? How 
is its consumption and marketing managed? ] 
Answer  
To control the proper amount of importation of fishmeal not affect the overall price raw material 
used for animal in the country.  
Pág. 74, Cuadro 3.11  
Otros productos sujetos a prescripciones en materia de exportación, 2020 sobre el atún en 
contenedores herméticamente cerrados . 
Question  
¿Podría indicarnos Tailandia el objetivo de la medida, con mayor detalle, en relación a la 
interpretación d e la situación actual del comercio?  
[Regarding tuna in airtight containers mentioned in Table 3.11, could Thailand tell us the objective 
of the measure in more detail, in relation to the interpretation of the current trade situation? ] 
Answer  
To control the  quality/standard and promote the export To correspond with national standard.  
Question  
¿Por qué razón sólo se permitiría la exportación a los Miembros la Asociación Tailandesa de 
Elaborados de Alimentos o de la Asociación Tailandesa de Industrias Atuneras?  WT/TPR/M/ 400/Add.1  
 
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 [Why are only the Thai Food Processors ' Association or the Thai Tuna Industries Association allowed 
to export? ] 
Answer  
In order to export this product, exporter have to be the member of Thai Food Processors ' Association 
or the Thai Tuna Industries Association. Currently, there are 265 members in total.  
Págs. 75 y 76, párrafos 3.72 y 3.73  
Respecto de la medida de compensación de impuestos y derechos sobre los productos de exportación 
producidos en el Reino en relación a lo siguiente: "El monto de la compensación de impuestos y 
derechos corresponde a un porcentaje fijo del valor f.o.b. de las exportaciones, y se calcula teniendo 
en cuenta la proporción de materias primas e insumos utilizados en la producción (se gún las tablas 
de insumo/producto) y su tipo arancelario medio".  
Questio ns 
¿Podría indicarnos Tailandia cómo la medida se ajusta a las disposiciones en materia de subvenciones 
prohibidas del Acuerdo sobre Subvenciones y medidas Compensatorias de la OMC?  
¿Cómo se asegura Tailandia que la tasa de compensación no exceda del valor de impuestos o 
derechos efectivamente pagados por el exportador?  
[Could Thailand tell us how the measure complies with the prohibited subsidies provisions of the 
WTO Agreement on Subsidies and Countervailing Measures? ] 
[How does Thailand ensure that the compensation rate does not exceed the value of taxes or duties 
actually paid by the exporter? ] 
Answer s 
Thailand 's tax and duty compensation for exported goods is under Tax and Du ty Compensation of 
Exported Goods Produced in the Kingdom Act B.E. 2524 (1981) 
(http://www2.fpo.go.th/FPO/modules/Content/getfile.php?contentfileID=14327) which complies 
with Annex I (i) and Annex II (1) of Agreement on Subsidies and Countervailing Measure s. 
Pág. 92, Cuadro 3.19  
Subvenciones notificadas a nivel sectorial. En el marco del Programa de Compensación para 
Propietarios de Embarcaciones Pesqueras Afectados por la Medida de Eliminación de Embarcaciones 
Pesqueras Adoptada por el Gobierno . 
Question s 
¿Podría indicarnos Tailandia si las donaciones se otorgan por una sola vez a los 
operadores/pescadores que se han visto afectados por la medida?  
¿Qué sucede con las embarcaciones a las que se les prohibió pescar de forma permanente en 
aguas  tailandesas, p ueden pescar fuera de su mar territorial?  
¿Qué sucede cuando se alcanza el máximo rendimiento sostenible, se autoriza nuevamente la pesca 
a esas embarcaciones?  
[Regarding the fishing vessel -buying programme to help fishermen affected by the Government 
comb ating IUU fishing, could Thailand tell us if the grants are awarded only once to the 
operators/fishers who have been affected by the measure? ] 
[What happens to the vessels that were permanently banned from fishing in Thai waters? Can they 
fish outside thei r territorial sea? ] WT/TPR/M/ 400/Add.1  
 
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 [What happens when the maximum sustainable yield is reached? Are those vessels allowed to fish 
again? ] 
Answe rs 
The compensate scheme to help fishermen affected by the Government combating IUU fishing is a 
one-time payment.  
1) Vessels banned fishing in Thai waters were not permitted to request for a fishing license 
and thus are incapable of doing fishing in both Thai waters and outside Thai waters.  
2) The vessels participating in the buy -backs and compensation scheme will be contin ued 
to build artificial reefs and demolished out of the fishing effort.  
  WT/TPR/M/ 400/Add.1  
 
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 EUROPEAN UNION  
QUESTIONS REGARDING THE REPORT  BY THE SECRETARIAT - WT/TPR/S/400  
SUMMARY  
Paragraph 9, Page 9 (see also Sections 4.5.2.3 and 4.5.3.3)  
"There were no major changes to Thailand 's foreign investment regime during the review period. 
While some steps were taken to liberalize FDI in infrastructure development and in certain services 
industries, restrictions on foreign participation remain in several sectors, such as media, rice 
farming, fisheries, mining, transportation, financial services, telecommunications, transport, and 
tourism. " 
Question 1  
The paragraph  explains that there were no major changes to Thailand 's foreign investment regime 
and that restrictions on foreign participation remain in several sectors. Does the government 
envisage any liberalisation in the coming years, including concerning the limitation on foreign 
shareholding in different sectors (e.g. tourism, terrestrial and maritime transport), espec ially as a 
way to recover from the crisis and develop a solid manufacturing and services base, furthering the 
goals of the Thailand 4.0 strategy?  
Answer  
For the Department of Land Transport, according to Land Transport Act B.E. 2522 (1979) Article 24, 
Private ownership in providing freight transport is allowed for up to 100% and foreign participation 
may not exceed 49% of the equity. However, in the near f uture, there would not be any changes in 
the aforementioned act.  
For Tour Operators and Travel Agents, the government does not have any plans for liberalisation 
yet in the coming year.  
In Thailand, international maritime transport is open for vessels of a ll nationalities. Although Thai -
flag vessels engaged in international voyages are required to maintain limitation on Thai to foreign 
equity (51/49), this does not prevent vessels flying foreign flag from taking part in Thailand 's 
international maritime tra de. As the Thai merchant fleet has accommodated only about 10% of the 
country 's foreign trade for more than four decades, there is always room for foreign vessels to tap 
on the rest of this huge market. In addition, no discriminatory treatments are imposed  at major 
public ports in Thailand.   
For domestic maritime trade, vessel operators engaged in Thai territorial waters are required to 
maintain stricter limitation on Thai to foreign equity (70/30) due to national security reason. 
However, certain exemption s can be allowed under Article 47 of the Thai Vessels Act, 
B.E. 2481 (1938) and as amended.  The first paragraph of this Article stipulates that such limitation 
may be relaxed in compliance with relevant provisions of international treaties or agreements th at 
Thailand has concluded with other countries, while the second paragraph requires the permission 
granted by the Minister of Transport to use foreign vessels if Thai vessels are not sufficient to provide 
services in Thai territorial waters.  
Paragraph 14,  Page 10 (see also paragraphs 3.106, page 75 and 3.126 - 3.129, page 139)  
"Thailand maintains a myriad of tax and non -tax investment incentives schemes, with a rather 
complex structure. These include the incentives provided by the Board of Investment, and those 
offered to special economic zones, SMEs, and certain sectors such as farming, fishing, and renewable 
energy. Among the main support measures introduced during the review period are: incentive 
packages for promoted activities under the Eastern Economi c Corridor (EEC) Act (May 2018); a tax 
incentive scheme operated by the Revenue Department to promote Thailand as an international 
business centre (October 2018); and the "Thailand plus" package to attract foreign businesses to 
relocate to Thailand and to expedite large -scale investment (September 2019). As there is no specific WT/TPR/M/ 400/Add.1  
 
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 budget earmarked for investment promotion incentives, no information on revenue forgone due to 
such schemes is available ." 
Question 2  
Paragraph 14 states that there is a myriad of tax and non -tax investment incentives schemes with 
a rather complex structure, and Section 3.3.1.2.4 provides information on the specific incentives in 
the EEC provinces. Are there any plans to streamline the u se of investment incentives/apply the EEC 
incentives across the country? Have there been any evaluation in the usefulness of the existing 
incentives and their impact on competition?  
Answer  
EEC plays an important role as a regulatory sandbox uplifting the c ountry 's competitiveness, initially 
focused on the three  Eastern provinces, namely Rayong, Chonburi, and Chachoengsao. The useful 
case will be considered applied to any certain area across the country. A plan to streamline the use 
of investment incentives is currently under consideration. Regarding the evaluation, Thailand Board 
of Investment conducts the assessment and evaluation of investment promotion policy every 
two years.  
2 TRADE AND INVESTMENT REGIMES  
2.1 General Framework  
Paragraph 2.7, Page 34  
"In 2017, the Government issued its 20 -Year National Strategy (2018 -37), developed by the Office 
of the National and Economic Development Council (NESDC). The National Strategy 's main goal is 
for Thailand to attain developed country status and to transit to a digital economy, based on the 
principle of self -sufficiency. " 
Question 3  
Can Thailand share more information on its plans to reach a developed country status by 2037?  
Answer  
Section 65 of the Constitution of the Kingdom of Thailand stipulates that the State should develop a 
national strategy which to be employed as the country 's goal for sustainable national development 
in accordance with the principle of good governance. The National Strategy shall be employed as a 
framework for formulating consistent and integrated plans in a congruous drive to achieve the 
aforementioned goal s in accordance with the rules and procedures enumerated by national strategy 
legislation. In this context, the National Strategy Act B.E. 2560 (2017) was drawn up and the 
National Strategy Committee (NSC) has been mandated to develop the draft National St rategy. The 
Act also specifies procedures for public participation in formulation of the National Strategy, including 
monitoring, inspection and evaluation, and measures for encouraging and supporting all civic sectors 
to comply with the National Strategy.  The National Strategy (2018 -2037) is the country 's 
first national long -term strategy developed pursuant to the Constitution. It shall be pursued to 
ensure that the country achieves its vision of becoming "a developed country with security, 
prosperity and sustainability in accordance with the Sufficiency Economy Philosophy" with the 
ultimate goal being all Thai people 's happiness and well -being.  
The implementation of the National Strategy is cascaded through levels of plans as endorsed by the 
Cabinet 's reso lution on 4th December 2017. National Strategy is the 1st level of plans; followed by 
4 2nd level of plans including 23 Master Plans under the National Strategy, 13 Country Reform Plans, 
12th National Economic and Social Development Plan and National Secur ity Plan; and government 
agencies ' 3rd level of plans.  
23 Master Plans under the National Strategy are a key implemented tool to evaluate milestones of 
achievement as they have targeted goal values specified for each five years. Furthermore, the 
Cabinet, on 3rd December 2019, endorsed the key responsible government agencies for each Master WT/TPR/M/ 400/Add.1  
 
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 Plans with the main task being to ensure collaboration and integration between related government 
agencies to move forward to the same direction to successful achieve th e vision.  
2.3 Trade Agreements and Arrangements  
2.3.1  WTO  
Paragraph 2.18, Page 37  
"With respect to its transparency obligations, Thailand has maintained a good record of notifications 
to the WTO. However, notifications on agricultural domestic support for recent years remain 
outstanding ". 
Question 4  
The latest notification by Thailand in relation to agricultural domestic support (G/AG/N/THA/85) 
dates back to 2017 and covers domestic supports for 2014 – 2016. Can Thailand provide information 
about its plan to notify agricultural domestic supports for the period after 2016?  
Answer  
The Ministry of Commerce is collecting information from the relevant authorities. Once we received 
all information, we will notify to the COA.   
2.3.2  Regional and preferential agreements  
2.3.2.2  ASEAN  
Paragraph 2.26, Page  40  
"Progress was also made in the harmonization of technical regulations and the conclusion of ASEAN 
mutual recognition agreements in several sectors ". 
Question 5  
Could Thailand provide information on the state of play with regard to the ASEAN mutual recognition 
agreements for automobiles and automotive parts?  
Answer  
ASEAN Member States, including Thailand, approved the draft ASEAN MRA on Type Approval for 
Automotive Products (ASEAN APMRA ). AMSs agreed to proceed with the signing on ad -referendum 
basis via diplomatic channel. Expectation is that all 10 AMSs will be complete the signing before the 
end of year 2020.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Im ports  
3.1.1  Customs procedures, valuation, and requirements  
3.1.1.1  Registration and documentation  
Paragraph 3.1, Page 48  
"Thailand 's customs procedures are governed mainly by the Customs Act B.E. 2560 (2017), which 
came into force on 13 November 2017.1 The Act, which repealed the Customs Act B.E. 2469 (1926), 
aims to modernize Thailand 's customs law by easing customs procedures and bringing more 
transparency ".  WT/TPR/M/ 400/Add.1  
 
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 Question 6 
Since the entry into force of the revised Customs Law in November 2017, is T hailand in a position 
to share an assessment of its implementation? If not, could Thailand indicate how it plans to monitor 
the actual easing of customs procedures and the benefits it effectively brings to businesses? Could 
Thailand share a list of impleme nting regulations that have been adopted to accompany the 
application of the new Customs law? Are these implementing regulations publicly accessible in 
English? To complement on the regulatory tools, could Thailand indicated if the custom authorities 
produ ced administrative guidelines to ensure a harmonized implementation of the measures across 
the country, as well as practical guidelines intended for economic operators in order to foster 
compliance?  
Answer  
Since the Customs Act B.E.2560 (2017) has become e ffective on 13 November 2017, Thailand has 
follow -up measures after the entry into force of law as follows:  
1) Assessment of implementation : An assessment of implementation of law is not required.  
However, an assessment of legal content itself is obliged by section 258 of the Thai 
Constitution B.E. 2560 (2017) and the procedure of doing so is stated in section 34 of 
Drafting And Assessment of law Act B.E. 2562 (2019).  Thus, we must evaluate and 
review the customs act every 5 years after the date of  execution.  During the process, 
other governmental bodies and private sectors shall be invited to participate.  The scope 
of review is relevant to the proportionality between benefits and burdens of individuals 
caused by the implementation of law, the recor d of criminal procedure and penalties 
and the consistency of international laws.   
2) List of Implementing Regulations : Due to the new customs act, all subsidiary laws 
according to the previous customs act was automatically unenforceable unless they do 
not con flict or contradict provisions of the new one.  Thus, subsidiary laws, which are 
royal decree, ministerial regulations, notifications of the ministry of finance, notifications 
of the customs department, regulations and general order of the customs departmen t, 
were issued in replace.  There are 200 – 300 hundred of subsidiary laws issued in 
relevant.  The list of them can be found on www.customs.go.th for Thai version and 
www.thailandntr.com for English version (There is no English translation of the content).  
3) Complement of Regulatory tools : The administrative guideline is available for customs 
officials in the form of Customs Practice Code ( "CPC") in order to gather all regulations 
and general orders issued in accordance with the new customs law.  Therefore, the  
operation and discretion on customs matters would be controllable and consistent.  
Concurrently, practical guidelines are provided in the form of manual concluding laws 
and regulations on which importers or exporters shall access via online. The manual 
was written in accordance with Licensing Facilitation Act B.E. 2558 (2015) aiming to 
increase the compliance of law and ease of doing business.  
Thailand has appointed a working group of government and private sectors to facilitate the import 
and export by iss uing an order of the Customs Department No. 489/2562. The purposes are 
providing opportunities for those who involved in import and export, participating in the exchange 
of ideas and recommendations on development improving work patterns and methods for ef ficient 
integration, and meeting the needs and facilitate the import and export.  
The duties and responsibilities are as follows:  
1. Discuss problems and obstacles in the implementation of import and export. As well as 
propose solutions for problems.  
2. Coordinate with relevant departments to perform various actions and be able to resolve 
problems effectively.  
3. Follow up on the implementation of various problems.  WT/TPR/M/ 400/Add.1  
 
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 4. Invite experts, practitioners, or related parties to give information, documents, or 
sugges tions for consideration.  
5. Advisors of the working group or heads of the working group empowers to appoint a 
sub-working group as appropriate.  
6. Report on the implementation of the Director -General of Customs  
7. All agencies under the Customs Department  cooperate to perform the duties of the 
working group efficiently.  
Paragraph 3.11, Page 50  
"According to World Bank Doing Business data, in 2020, Thailand was ranked in 62nd place (down 
from 59th in 2019) out of 190 economies in the ease of trading across borders, better than the 
East Asia and Pacific regional average[…] ". 
Question 7 
Could Thailand please provide information on how it promotes ease of doing business?  
Answer  
(1) Enhancing effectiveness of targeting profile by using risk -based manageme nt to reduce physical 
inspection rate : Thai Customs Department developed the "Profile System" in order to help customs 
officers to better select which shipments should or should not be inspected by using risk -based 
analysis. As a result, it helps to facili tate low -risk importers/exporters while maintaining the 
efficiency of customs control. Likewise, it can reduce cost of importers/exporters such as Customs 
broker fees, Cost of container movement, Container storage, and etc.  
(2) Increasing of three Fast Sca n: Drive – Through X -RAY container machines: World Customs 
Organisation (WCO) gave an advice towards customs around the World about using X -Ray 
technology for goods inspection. This is because by using advance X -Ray technology, this will help 
customs inspec tion process to be non -intrusive inspection. With this regard, Thai Customs has 
increased 3 more X -Ray scanners at Laem Chabang Port in order to strengthen scanning capabilities 
to be non -intrusive inspection. The new scanners create the benefits related t o the reduction of time 
and increase the effectiveness of x -ray process as follows:  
(2.1) The new drive -through X -Ray scanners are high throughput of 150 container units per 
hours which increasing 5 -time capability of X -Ray scanning as compared to the two existing 
old version (fixed inspection scanners) where throughput only 30 units per hour.  
(2.2) Allow drivers to drive through the scanners tunnel directly at speed up to 15 km. per 
hour without stopping the vehicle and any image distortion.  
(2.3) Advance technology in global standard (IAEA, WHO, ICRP, ANSI, N43.17, U.S.NRC, 
EURATOM, IEC 62523) as these drive -through scanners are used across the world such as 
Singapore, China, Netherlands, Poland, U.A.E., Brazil and so on.  
(2.4) Reduce time waiting of the truck/vehicle queue on x -ray scanner line. To highlight, 
normally, the X -Ray process  is using the fixed inspection scanners which all drivers must stop 
the truck/vehicle for proceeding the X -Ray process. On the contrary, the new Fast Scan 
scanners, there will be NO TIME WAITING FOR THE QUEUE.  
(3) Pre -Arrival Processing (PAP) : Pre-Arrival Processing is one of the important customs measures 
to facilitate international trade as referred to in the article 7 of Trade Facilitation Agreement (TFA) 
of WTO. According to the PAP notification of Thai Customs Department Customs No. 5/2561 dated 
10 Jan uary 2018, the airline companies are required to send the airline manifest one hour after the 
plane takes off from originating country whereas the ship agents are required to send the manifest 
at least 24 hours before the arrival of the vessels. At the beg inning, Pre -Arrival Processing system 
started implementation as a pilot project on 1 February 2018 (in almost all Customs Bureaus and WT/TPR/M/ 400/Add.1  
 
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 Customs Houses, except Laem Chabang Port where started implementation on 1 March 2018). Since 
1 May 2018, Pre -Arrival Proc essing system began full implementation in all Customs Bureaus and 
Customs Houses. The system allows the advance electronic submission, which causes two benefits 
to the importers namely:  
(3.1) since shippers/importers are required to submit manifest data prior to the arrival of 
vessel, customs will be able to conduct better and efficient risk -based management in advance 
by using information from advance electronic submission. As a consequence, the 
exporters/importers who pose low risk will be further facil itated.  
(3.2) when ship/plane arrive, the importers/customs brokers can submit declaration and pay 
duty/tax faster than it used to be due to the fact that, with PAP, manifest is submitted to the 
customs system before the arrival of vessel in comparison wi th the previous time when the 
manifest submitted after the arrival within 24 hours after ship arrival. The manifest received 
by customs will allow importer and customs brokers are able to start submitting declaration . 
3.1.2  Tariffs  
3.1.2.3  Applied tariff  
Paragraph 3.28  
"According to Thailand 's Tariff Schedule for 2020, provided by the authorities and also notified to 
the IDB, the applied rates on a number of tariff lines are higher than the bound rates (Table 3.4). 
The authorities indicate that this is not the case, using as evidence a 2017 notification from the 
Ministry of Finance (in Thai only). " 
Question 8  
Can Thailand explain the level of applied tariffs for the goods listed in Table 3.4. and confirm that 
the applied tariffs are not higher than bound  tariffs?  
Answer  
Thailand 's applied tariff rates under The Ministry of Finance RE: Exemption Duty, Decreasing and 
Increasing Customs Duty Tariff rate under the obligations of Marrakesh Agreement Establishing The 
World Trade Organization, dated 10 November B.E. 2560 (2017) totally comply with the bound rates 
under WTO, while applied tariff rates under other Notifications besides the said Notification are 
applied to non -WTO members. The exporters/importers from WTO member countries must indicate 
their origin during the customs procedures in order to get the WTO applied tariff rates.  
Additionally, according to the notification, Thailand committed tariff rates for Barley other than seed 
under the tariff code 1003.90.00 at 27%, for Other cereals under the tariff code 1008.90.00 at 27%, 
for Toothpicks of bamboo under the tariff code 4421.91.60 at 20% and for Toothpicks of wood other 
than bamboo under the tariff code 4421.99.80 at 20%, all in ad valorem  rate. When concerned 
products imported from WTO member 's countr y, the rate as mentioned above will be applied.  
3.1.1.1  Registration and documentation  
3.1.4  Import prohibitions, restrictions, and licensing  
3.1.4.2  Import licensing  
Table 3.7 Products subject to import licensing requirements, 2020, p age 58 
Question 9 
In view of the obligations for WTO members under Article 5 of the Agreement on import licensing 
procedures, could Thailand clarify its intentions with respect to the notification of (i) its import licence 
regime for feed wheat (HS 10019990 – not listed in the report) and of (ii)  the draft Regulation of WT/TPR/M/ 400/Add.1  
 
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 the Ministry of Commerce on marble import licensing circulated in October 2019 concerning the 
import licence for building stone (HS 2515)?  
Answer  
Before issuing any import measures, Thailand also c onsiders the obligation for WTO members under 
the Article 5  of the Agreement on Import Licensing Procedure. The intentions of issuing the 
Ministerial Notification on import license regime for feed wheat is to relieve the suffering of maize fit 
for animal f eed's growers in domestic country who are affected by large quantities of wheat 
substitution for maize 's importation.  
3.3 Measures Affecting Production and Trade  
3.3.1  Incentives  
3.3.1.1  Taxation  
Paragraph 3.98, Page 73  
"The standard statutory VAT rate is 10%, although the applied rate is 7% (until 30 September 2020, 
unless further extended by the Government). " 
Question 10 
Could Thailand indicate whether it  intends to maintain the said lower rate, and if so  for how long?  
Answer  
The Cabinet approved the proposal from the Ministry of Finance to maintain the reduced VAT rate of 
7%, effective from 1 October 2020 to 30 September 2021. The revision of the VAT rat e depends on 
country 's economic circumstances at that time.  
3.3.3  Sanitary and phytosanitary requirements  
Paragraph 3.152, Page 85  
"[…] there have been no major changes to Thailand 's sanitary and phytosanitary regime. Relevant 
legislation includes […] Agricultural Standard Act (3rd edition) B.E. 2561 (2018), which assigns 
agencies to issue licences to manufacturers, exporters, or importers of agricultural products ". 
Question  11 
Could Thailand provide an update on the amendment of Agricultural Standard Act, leading to the 
transfer of authority in the import controls and authorisation process from the FDA to the Ministry 
of Agriculture and Cooperatives (i.e. the Department of Livestock Development (DLD) and the 
Department of Agricult ure (DOA))? So far, what are the agricultural products for which the FDA has 
already transferred the import control tasks to the DLD or the DOA? Which agricultural product 
authorisations remain with the FDA?   
Answer  
There may be some misunderstanding regarding the transfer of authority. The FDA did not transfer 
full authority over the import control to the DLD. The FDA only transfers authority of products 
inspection (at border inspection post) to the DLD. These produc ts refer to the raw meat. The content 
in Agricultural Standard Act B.E. 2551 (2008) does not include any information about the transfer 
of authority in the import controls and authorization process from the FDA to the Ministry of 
Agriculture and Cooperativ es.  WT/TPR/M/ 400/Add.1  
 
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 Please see a list of products that the FDA transferred its authority in the import controls and 
authorisation process to the Ministry of Agriculture and Cooperatives at 
https://www.fda.moph.go.th/sites/logistics/Shared%20Documents/Other/HScodeTransfer .pdf. 
Paragraph 3.158, Page 87   
"Licences, renewed every three years, are issued by the FDA before the importation or 
manufacturing of food products ". 
Question 12  
Could Thailand explain why the licenses are required to be renewed at a fixed period (i.e. ev ery 
three  years) [and on site re -audits are required every three  years by DLD for import authorisation 
of animals and animal products], rather than relying on other criteria that may be more suitable?  
Answer  
Food Act B.E. 2522 (1979)  requires that licenses for food premises and importation shall be valid 
until 31  December of the third year from the date of issuance.  
The fixed period is for an evaluation of food safety and animal health control in exporting countries 
concerning the export of animal a nd animal products to Thailand. If there is no historical risk 
(chemical, physical, and biological) during three  years of importation, the importation approval will 
be prolonged.  
3.3.4  State trading, state -owned enterprises and privatization  
3.3.4.2  SOEs  
Paragraphs 3.177 and 3.178, Page 90  
"[…] the PPP Fast Track Process was another effort by the Government to eliminate red tape and 
bottlenecks in the approval procedures of infrastructure projects […] the PPP Fast Track measures 
used in previous PPP Law (PI SU Act) were incorporated into the PPP Act 2019, to streamline the PPP 
projects. The SEPO is also preparing the new PPP Delivery Plan (PPP Plan), which is consistent with 
the National Strategy prepared by the Office of the National Economic and Social Deve lopment 
Council ". "The EEC Fast Track governs all PPP projects within the three provinces through the EEC 
Policy Committee " 
Question 13  
Could Thailand provide information on (i) the state of play of the preparation of the new PPP plan, 
(ii) its intended scope (e.g. covered contracts), and (iii) how it would relate to on -going PPP projects 
listed in the PPP strategic Plan (2017 -2021) and to those listed in the PP P fast track scheme under 
PISU Act?  
Could Thailand clarify if the EEC Fast Track is governed by the same  legislative framework as other 
PPP projects or by a different framework?  
Answer  
The PPP Delivery Plan is a long -term plan, which contains 92 PPP proje cts. The PPP projects are 
categorized based on the priority and urgent need of PPP Projects under the Plan into three  groups, 
which are (1) High Priority, (2) Normal, and (3) Initiative.  
The prioritization will help monitor and follow up PPP projects to be proposed to the PPP Committee 
according to the Plan. In addition, the line ministry shall also report a summary of implementation, 
progress, and problems and obstacles with regard to projects under the Plan to the PPP Committee 
at twice a ye ar for the PPP Committee 's further consideration.  WT/TPR/M/ 400/Add.1  
 
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 The undertakings of projects under the EEC Track will be subject to Eastern Special Development 
Zone Act B.E. 2561 (2018), under the responsibility of The Eastern Economic Corridor Office of 
Thailand. In th e meantime, the undertakings of PPP projects will be subject to the PPP Act 2019, 
which is a different Act.  
3.3.5  Government procurement  
3.3.5.2  Legislation, general policies and institutional arrangements  
Paragraph 3.185, Page 92  
"In order to allow flexibility and achieve expediency of their procurements, SOEs, universities under 
state supervision and foreign -located state agencies are allowed to put in place their own rules, 
subject to approval by the Policy Commission. " 
Question 14 
Could Thailand clarify whether the SOEs, universities and foreign -located state agencies have 
completed their own procurement rules, and if there is a publicly accessible and updated central 
database of these rules?  
Answer  
The Public Procurement and Supplies Adm inistration Act B.E. 2560 (2017) explained that "In order 
to engender flexibility and expediency of operations of a State enterprise, a university under 
supervision of the State, a State agency in a foreign country or a work unit of a State agency located 
in a foreign country or any other State agency as prescribed in the Ministerial Regulation, such State 
enterprise, university under supervision of the State or State agency may, if it so intends, put in 
place its own Rules, Regulations or Ordinances relati ng to procurement and supplies administration 
in whole or in part, provided that it shall be done in conformity with the rules on procurement and 
supplies administration framed under this Act unless, in a foreign country where the State agency 
or a work un it of the State agency is located, laws, practices or local customs specifically exist or 
provide otherwise ". General information about Thai government procurement can be found on the 
website www.gprocurement.go.th (only in Thai language).  
Paragraph 3.186,  Page 92  
"Thailand does not allow direct cross -border participation of foreign suppliers in its government 
procurement contracts. The CGD maintains a mandatory registration system for business operators 
that wish to participate in Thailand 's government procurement. The registration should be filed 
according to the criteria, procedures and conditions prescribed in relevant ministerial regulations. 
Generally speaking, a supplier eligible for registration must be a juristic person registered in 
Thailand. S/he must have an office located in Thailand, and half of the board directors must hold 
Thai citizenship. Regarding the registration of consultants, independent consultants must be Thai 
citizens and, in the case of juristic persons, they should be  juristic persons in Thailand, with no less 
than 51% of their total shares held by Thai citizens. " 
Question 15  
The report mentions that the new legislation, namely, the Public Procurement and Supplies 
Administration Act B.E. 2560, adopted in August 2017, h as among its objectives the promotion of 
fair competition. However, in Paragraph 3.186 it is noted that Thailand does not allow direct cross -
border participation of foreign suppliers in its government procurement contracts. This is in contrast 
with the pri nciple of open and fair competition.  
- Please provide any details as to whether there is any plan in Thailand to enable cross 
border participation of foreign products and suppliers to public procurement tenders.   
- Furthermore, could Thailand clarify if the l ists of eligible suppliers are completed and 
whether international bidding is allowed and, if so, under which criteria?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The Public Procurement and Supplies Administration Act B.E. 2560 (2017) does not mention about 
direct cross -border participation of foreign suppliers. It depends on the requirement of procuring 
entities whether to procure products from overseas suppliers. Foreign suppliers that would like to 
participate in government procurement have to register in procurement system by submitting 
registration form in -person at the Comptroller General 's Department. In term of international 
procurement, Regulation of Ministry of Finance on public procurement and supplies administration 
B.E. 2560 (2017), Clause 60 explained that : 
1) The state agencies pro vide a draft of scope of work or specifications of supplies or 
construction plan to be procured.  
2) Provision of procurement documents for the international price tender method and 
solicitation notifications shall be at the discretion of the head of State agency whether 
to be in the Thai or English language.  
3) The publication of notifications or procurement documents shall be published for at least 
30 consecutive business days.  
Regarding to doing business in Thailand, foreign suppliers have to follow Foreign Business Act, 
B.E. 2542 (1999).  
3.3.5.3  Procurement methods  
Paragraph 3.188, Page 94  
"The procuring entities are obliged to give preference to domestic suppliers to which the State 
intends to promote or support ". 
Question 16 
In addition to supplies stipulated in the Ministerial Regulation on Determining Supplies and 
Procurement Methods that the Government Wants to Promote or Support B.E. 2563 (2020), could 
Thailand provide additional information on other existing "Buy Thai " policies (e.g. the provisions 
regarding products and services that the government would like to promote or support, the 
compulsory use of Thai Industrial Standards and the Thailand Innovation List)?  
Answer  
The Ministerial Regulation Prescribing of supplies t hat the State needs to Promote or Support (No.  2) 
B.E. … has detail about products and services that government would like to support and promote. 
However, the regulation has not been enacted yet as it is in the process of Cabinet and Council of 
State of Thailand approval. The Ministerial Regulation me ntions "Made in Thailand " which is not "Buy 
Thai" policies. However, Thailand has policies to support Thai SMEs that is same as many countries 
and support the following:  
1. Supplies for agricultural promotion and development  
2. Supplies for medium -small en terprise and disadvantaged person promotion  
3. Supplies for learning purpose  
4. Supplies for research promotion and development or provision of educational services  
5. Supplies for promotion of innovation  
6. Supplies for health and public health promotion  
7. Supplies for promotion of stability of energy and natural resources . WT/TPR/M/ 400/Add.1  
 
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 In addition, Department of Industrial Promotion (DIP), as a government agency in charge of 
promoting and supporting Thai 's SMEs, aims to support Thai entrepreneurs by helping them to 
standardize their products and production processes. DIP expects to increase consumer trust in Thai 
products so that the consumers can purchase Thai products confidently. DIP also encourages Thai 
entrepreneurs to improve production process by introducing ne w technologies and enhancing their 
capacity. Additionally, DIP urges Thai entrepreneurs to apply for Thai Industrial Standard to ensure 
the quality of their products.  
DIP also advocates entrepreneurs, such as those in medical and healthcare industry, to enroll their 
products in Thailand Innovation List to benefit from the privilege in government procuring process. 
DIP plays roles in giving advice on documents preparatio n and enrollment process.  
3.3.5.4  Electronic government procurement  
Paragraph  3.190 , Page 95  
"Thailand introduced an electronic government procurement system (e -GP system) in April 2010. 
The Comptroller General 's Department is responsible for the development and promotion of the 
system.116 The system started with pilot projects covering a limited number of procurement entities 
and procurement methods, and was gradually extended to other procurement entities, with the aim 
of including all government  procurement contracts. During the review period, the e -GP system 
concluded its Phase 3 projects and entered Phase 4 projects on 24 August 2017. Phase 4 projects 
are aimed at bringing the system in line with the new Act and, in particular, enabling the sel ection 
method and the specific method in the system. According to the authorities, the e -GP system helped 
to save 8.26% of the budget for the completed procurements. " 
Question 17 
The report indicates that Thailand introduced an electronic government procur ement system 
(e-GP system) in April 2010:  
- When will the electronic government procurement system be fully operational? Please 
provide further details as to which contracting authorities (e.g. levels of government) 
will be obliged to use it and as to which contracting authorities will be able to use it .  
- Please provide details as to how foreign suppliers will be able to participate to electronic 
government procurement system.  
Answer  
Electronic government procurement system is fully operational since August 2017. In principle, 
foreign suppliers can participate to electronic government procurement system by submit 
registration form in -person at the Comptroller General 's Department in order to get user name and 
password. All tender documents will be sent  via e-mail. The procurement notices will publish on the 
website.  
4.5 Services  
4.5.1  Financial services  
4.5.1.1  Banking  
4.5.1.1.1  Market structure and overview  
4.5.1.1.2  Legal framework  
Paragraph  4.108 , Page 95  
"Under current legislation, foreign ownership of commercial banks is capped at 25% of the bank 's 
shares, and the number of foreign directors may not exceed one quarter of the total. Nevertheless, WT/TPR/M/ 400/Add.1  
 
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 the BOT can, on a case -by-case basis, increase the statutory cap on foreign ownership to 49% and  
the limit on foreign directors to one half of the total. Furthermore, the Minister of Finance, upon 
recommendation of the BOT, has the power to authorize foreign ownership of more than 49% in a 
commercial bank, where this is deemed necessary to improve th e financial performance or 
strengthen the security of any financial institution, or the financial system in its entirety. The last 
time the Minister of Finance granted such authorization was in 2013. " 
Question 18 
Could Thailand provide information on whether it envisages further liberalisation of the financial 
sector concerning foreign ownership? Notably, would Thailand consider introducing objective 
conditions for increasing foreign ownership of banks up to 100%? If not, could Thailand clarify 
whether foreign operators who receive a negative reply from the BOT or the Minister of Finance in 
this context can appeal, and if so, under what conditions?  
Answer  
In terms of market access in the Thai banking sector, foreign banks can enter into t he Thai market 
through the following three  channels : 
1) Acquiring shares of existing banks  
2) Establishing a new foreign bank branch  
3) Establishing a new subsidiary . 
The current legislation as mentioned in 4.108 only applies to the case of acquiring existing local  
banks. As foreign ownership of local commercial banks is capped at 25% of the bank 's shares, the 
Financial Institutions Business Act (FIBA) allows the Bank of Thailand (BOT) to relax the statutory 
cap on foreign ownership to 49%. However, if deemed necess ary, the Minister of Finance, upon 
recommendation of the BOT, may authorize foreign ownership of more than 49% in a local bank. 
The foreign ownership limit may be relaxed only if to improve the financial performance or to 
strengthen the stability of any fi nancial institutions, or the financial system.  
A request to relax foreign ownership cap is considered on a case -by-case basis. Therefore, no specific 
criteria or conditions are set. Under the current legislation, there has been no appeals to the BOT or 
the Ministry of Finance regarding our decisions. In case an appeal is needed, domestic procedures 
may be followed as set out by the administrative court.  
In light of liberalization, raising foreign ownership in local banks to 100% is not necessary as there 
are other forms of market access, such as through the establishment of foreign bank branches and 
subsidiaries, which allow foreign banks to have full ownership and control. For subsidiaries, the law 
permits a foreigner or a parent bank to hold at lea st 95% of the shares sold.  
4.5.1.2  Insurance  
4.5.1.2.2  Legal framework  
Paragraph 4.124, Page 9  
According to the paragraph, a foreign operator can obtain up to 100% of an insurer in Thailand if 
the former complies with several conditions.  
Question 19 
Could  Thailand clarify what a technology transfer plan is, its requirements, and whether such a plan 
is compulsory for foreign investors in the insurance sector?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Technology transfer plan which stated in the requirement are the implementation plan of using the 
new technology to enhance the insurance industry development or strengthening the insurance 
company such as improvement of operation process, transfer know -how, knowledge sharing and 
cost efficiency.  
4.5.3  Transport  
4.5.3.1  Civil aviation  
Paragraph  4.162 , Page 150  
The paragraph mentions "policy of gradual liberalization in international air transport ". 
Question  20 
Could Thailand provide information on the state of play of this gradual liberalisation and whether 
this will continue in the context of drastic activity reduction following the pandemic? Were specific 
measures taken during the pandemic to protect domestic airlines?  
Answer  
Thailand gradually opens up the market access for international air transport in t he appropriate 
manner, taking into account the interests of all stakeholders and realizing that this approach can 
create a regulatory environment in which the air carriers could operate and grow in a healthy and 
sustainable manner. However, some specific m easures were taken during the pandemic to protect 
domestic airlines such as several relief packages including reduction in landing and parking fees for 
airlines.  
Paragraph  4.169 , Page 151  
"Foreign participation in airport operation and management is restri cted […] ".  
Question  21 
Is Thailand planning liberalisation in airport operation management in the future?  
Answer  
Thailand does not have any policy to change the liberalisation in the near future. However, foreigners 
can participate in airport operation by investing in the stock, but the total of foreign equity must not 
have more than 49% of all equity. Also, for the business management, foreigners can participate in 
the operation but there must be controlled by Thai nationals.  
Paragraph  4.173, Page 151  
"Civil aviation and aerospace are also featured among the target industries under the EEC plan. 
Accordingly, the Aerospace Industrial Estate Development Plan (2016 –45) for the U -Tapao 
International Airport aims to develop the domestic aviation and  aerospace industries, with special 
priority given to the further development of maintenance repair and overhaul (MRO) services; tax 
and non -tax incentives are granted to eligible activities. " 
Question  22 
Can Thailand provide more information on the incent ives provided to MRO  services? In particular, 
could Thailand clarify whether they are restricted to invested operators and if they apply to both 
domestic and foreign operators?  WT/TPR/M/ 400/Add.1  
 
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 Answ er 
Incentives include both tax and non -tax incentives. For more detail, ple ase visit our website at 
www.boi.go.th . 
4.5.4  Tourism  
Paragraph 4.201, Page  155 
"Thailand launched an e -visa system on 15 February 2019 to facilitate foreign visitors requiring entry 
visas. The system was introduced to visa applicants in China, France, and the United Kingdom. The 
authorities noted that the Government plans to extend the e -visa service globally to all its diplomatic 
missions; it aims to provide an effective and convenient channel for foreign  nationals to apply for 
visas to enter Thailand. " 
Question  23 
Could Thailand provide more information on when the e -visa system will be extended and on how 
long it takes, on average, to approve entry visa applications via the e -visa system?  
Answer  
The e -Visa system was launched on 15 February 2019 to provide service in China, and subsequently 
in the UK and France in June 2019, to facilitate foreign visitors.  
The plan is to gradually extend the e -Visa service to all Thai diplomatic missions abroad. On average, 
it takes less than three  working days to process and approve an e -Visa application.  
Paragraph 4.206, Page 155  
"Any person who intends to operate a tourism business must obtain a Tourism Business Licence 
from the Department of Tourism. Foreign i nvestment restrictions remain in place. Foreign capital 
participation in hotels, travel agencies, and travel operators, may not be more than 49% of a 
company 's total equity, unless prior approval is granted. " 
Question 24  
Could Thailand provide more information on the procedure for granting prior approval referred to in  
the report?  
Answer  
Foreign investors who want to operate in hotels, travel agency, and travel operator businesses need 
license permit from both under the Foreign Business Act B.E. 2542  (1999) and Tourism Business 
and Guide Act B.E. 2551 (2008).  
In granting permission to foreigners for the operation of businesses under the Foreign Business Act 
B.E. 2542 (1999), the Foreign Business Commission shall consider advantageous and 
disadvantage ous effects on national safety and security, economic and social development of the 
country, public order or good morals, national values in arts, culture, traditions and customs, natural 
resources conservation, energy, environmental preservation, consumer  protection, sizes of 
undertakings, employment, technology transfer and research and development.  
In granting permission to foreigners for the operation of businesses, the Department of Tourism has 
its duty to act in accordance with the Tourism Business an d Guide Act, B.E. 2551 (2008) and its 
amendments stating that "Tourism Business" within the meaning of the Act covers only "Tour 
Operators and Travel Agents" that operate tourism businesses under Section 4 of the Tourism 
Business and Guide Act, B.E. 2551 ( 2008) and its amendments. In case of foreign shareholding in 
the hotel business or travel agents besides the tourism business in the meaning of WTO members WT/TPR/M/ 400/Add.1  
 
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 is not within the jurisdiction of the Tourism Business and Tour Guide Act B.E. 2551 (2008) and its 
amendments.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.1 National Policies towards Structural Reform  
Paragraph 3.1, Page  5 
"The 20 -Year National Strategy (2018 -2037) has been issued since 2017. The National Strategy sets 
its goal as a springboard for Thailand to transform itself to be a digital economy, based on the 
sufficient economy principle. The strategy includes a wide range of top -down initiatives ". 
Question 25  
Could Thailand provide information about the involvement and consultation of stakeholders in the 
development and implementation of the 20 -year National Strategy?  
Answer  
National Strategy Act B.E. 2560 (2017) was drawn up and the National Strategy Committee (NSC) 
has been mandated to develop the draft National Strategy. The Act also specifies procedures for 
public participation in formulation of the National Strategy, incl uding monitoring, inspection and 
evaluation, and measures for encouraging and supporting all civic sectors to comply with the National 
Strategy.  
Abiding by the National Strategy Act B.E. 2560 (2017), the NSC has set up six National Strategy 
Drafting Commi ttees, each mandated to develop a set of key strategies in line with set criteria, 
methodology and requirements. The NSC also conducted public hearing meetings, as required by 
the law, to encourage relevant government agencies and the public to share their  opinions, which 
were incorporated into the drafting of the National Strategy. Public hearing was conducted 
throughout the country in four regions, with participants from all walks of life whose comments and 
feedbacks were taken into account of the draftin g of the National Strategy.  
3.1.2.3  Regulatory guillotine  
Paragraph  3.21, Page  8 
"To enhance Thailand 's competitiveness and improve Thailand 's ease of doing business, since 2016 
the Government has initiated the project called "Regulatory Guillotine" by hiring Thailand 
Development Research Institute (TDRI) to review Thailand 's existing laws, rules, and regulations to 
ensure efficiency, as many laws have become redundant, obsolete, or incompatible with current 
situations. The first stage of the project is "Licensing Guillotine", focusing on streamlining the 
complex licensing and permits issuing processes and regulatory procedures to facilitate people and 
businesses ". 
Question 26  
Could Thailand provide more information on the state of play of the first stage of the Regulatory 
guillotine and an overview of the content and timeline planned for the subsequent stages?  
Answer  
The Government has given approval to the revised National Reform Plan wherein the “Regulatory 
Guillotine” project has been hi ghlighted as one of the key reform areas to be achieved by the 
year 2022, with the Strategic Transformation Office (STO) and Office of Public Sector Development 
Commission (OPDC) as the main steering agencies. At this stage, Thailand Development Research 
Institute (TDRI), which had been commissioned by the Government, has submitted findings to STO, WT/TPR/M/ 400/Add.1  
 
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 identifying a total 1,094 licensing processes in several business sectors, including inter alia  SMEs, 
service providers, real estate, tourism, and international trade, which could be reviewed. These 
findings have been circulated to all agencies concerned. The next stage will involve agencies 
responsible for the identified licensing processes to take actions based on TDRI 's findings in 
consultation with STO and OPD C, with a 100% target by the year 2022.  
3.1.3  BCG economy  
Paragraph 3.23, Page  9 
"The Government has introduced the concept of "Circular economy" [...] the Government has 
exerted much effort to restructure the industry 's production pattern from linear to a new circulating 
pattern that employs cost -effective, waste management and raw materials recycling concepts [...] 
The government encourages the use of raw materials that have already passed production and 
consumption into the new production proc ess. At the same time, the Government tries to promote 
the processing of waste and used goods back into industrial raw materials and to set the standards 
for secondary use of raw materials ".  
Question  27 
Could Thailand provide information on the approach d eployed to promote the use of used goods as 
inputs in new production processes? Are specific incentives foreseen in particular for remanufactured 
and refurbished goods?  
Answer  
Promoting the use of used products as raw materials for re -entering the production process is one 
of the Thai industrial development approach based on the circular economy concept.  The Ministry of 
Industry has set the vision of this development approach as "Maximize Economic Value + Minimize 
Social & Environmental Impact ". The Ministry of Industry has formulated three main guidelines to 
promote circular economy as the following : 
1) Increasing production efficiency and environmentally friendly production by reduction 
resources consumptions/optimizing resources usages as well as adj usting the 
production process to be environmentally friendly one.  
2) Adding industrial value and creating new products from waste or waste materials 
(Upcycling) by supporting the use of waste or waste materials, especially materials that 
are available in the  country into resources to create innovative products with high added 
value.  
3) Promotion of business model adjustment by encouraging entrepreneurs to adjust their 
business model to create a new business or Circular Startup business model such as 
circular design, product as a service, and sharing platform.  
In order to promote the use  of used goods as input, the Ministry has developed ecosystems to 
facilitate the implementation of the above 3 guidelines, such as the introduction of a standard for 
the circular economy entitled the Thai Conformity Assessment Standard No. 2 -2562: the Fram ework 
for Implementing the Principles of the Circular Economy in Organizations by the Thai Industrial 
Standards Institute (TISI) and the establishment of the recycle technology research and 
development center by Department of Primary Industries and Mines.  WT/TPR/M/ 400/Add.1  
 
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 3.2 Sectoral Policies  
3.2.1  Tariffs and customs procedures  
3.2.1.1  National Single Window & ASEAN Single Window  
Paragraph  3.27, Page 10  
"The way forward to enhance the business activities using NSW was recently defined, for example, 
completely simplify and standardize the process for import/export of strategic goods (sugar, rice, 
rubber, frozen product, and hazardous substance), cooperate and develop the integration of port 
and logistics communities via NSW, and expand the single submission syst em for the import/export 
permission of agricultural products.  
ASEAN 's efforts to promote trade facilitation in the region continued to intensify towards achieving 
the regional goals of reducing the trade transaction costs by 10% by 2020 and doubling intra -ASEAN 
trade between 2017 and 2025. One such measure is the ASEAN Single Window, which is an electronic 
mechanism for exchanging trade -related documents ". 
Question  28 
Could Thailand provide information on the state of play concerning the linking electronic 
import/export certification systems of the key authorities responsible for agricultural products to the 
NSW and on the timeline to complete this process? Are there plans to also: (i) link the NSW with the 
export/import certification system of third countri es in order to facilitate trade, (ii)  translate ASW 
certification -related procedures into domestic legislation?  
Answer  
Yes, Thai NSW has been developing and implementing the exchange of information for the 
agricultural products, such as the single -entry ap plication for the issuance of electronic Sanitary and 
Phytosanitary certificates and the permits for the import/export of the industrial drop. The project 
is being carried on and expected to be implemented by 2021.   
Are there plans to also: (i) link the NS W with the export/import certification system of 
third countries in order to facilitate trade, (ii) translate ASW certification -related procedures 
into domestic legislation?  
(i) Under the ASEAN Single Window work plan, the NSW of ASEAN member countries wou ld be one 
of the systems to exchange the information with the third countries. Currently, there is a project for 
the exchange of e -C/O with some Asian countries and it is in the process of the proposal and roadmap 
deliberation. In addition to the bilateral  cooperation for the data linkage via Thai NSW with the 
individual third country, Thailand welcomes for the further discussion on both technical and legal 
matters.  
(ii) The ASW certification -related procedures have been enabled by the Protocol on the Legal 
Framework as ASEAN has ratified and each ASEAN member country should review and revise the 
relevant domestic regulations to be aligned with the Protocol. Therefore, the domestic legislation in 
Thailand is already supported the procedures presently us ed in the ASW environment.  
3.2.2  Agriculture  
Paragraph 3.35, Page 12  
Strengthening the Farmers and Agricultural Institutions of the 5 -year agricultural plan (2018 -2022) 
aims at "enhanc[ing] farmers to be proud and feel secure in their careers ". WT/TPR/M/ 400/Add.1  
 
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 Question  29 
Could Thailand provide more information on ongoing/planned measures to ensure safe and decent 
working conditions in the agricultural sector?  
Answer  
Ministry of Agriculture and Cooperatives encourages farmers to follow GAP standard and use best -
practice agriculture by : 
1) Reduce unnecessary use of chemicals  
2) Use chemicals in the smart way  
3) Implement GAP standard  
4) Use innovative and new technologies  
5) Use precision farming and smart agriculture . 
These practices will create safe products and safe agriculture to serve consumer safely and finally 
create pride in the career of farmers.  
Paragraph 3.37, Page 13  
The report states that the Government focuses on "improving the quality of life and well -being 
conditions of fishermen and farmers ". 
Question 30  
Could Thailand  provide more information on ongoing/planned measures to achieve this objective?  
Answer  
Marine fisheries : 
Thailand has robust fisheries law against IUU fishing and stringent penalties for offenders. The 
granting numbers of fishing license use the Maximum Sustainable Yield (MSY) in the calculation so 
there is no overfishing according to the sustainable management of aquatic animal resources. In 
addition, there is a traceability system that applies to both domestic and imported aquatic animals 
in ord er to assure that fishes caught in the supply chain do not come from illegal fishing and 
overfishing sources.  
Aquatic animals from aquaculture :  
Thai aquaculture has a traceability system to trace back from consumers, exporters, farmers to 
aquatic animal broodstock suppliers. Products obtained from aquaculture farms was set a standard 
and environmentally friendly. The residues control applies in accordance with internationally 
accepted standards.  
3.2.4  Industry  
Paragraph  3.41, Page 14  
The paragraph refers to "restructuring and strengthening competitiveness of primary industries (…), 
include[ing] energy (…)".  WT/TPR/M/ 400/Add.1  
 
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 Question 31  
Could Thailand give further detail on how and which part of the energy sector will be restructured? 
Which type of competit iveness are the authorities aiming for?  
Answer  
Thailand supports domestic production of BEV which sets the target of 250,000 BEV in 2030 and 
also supports domestic production of Battery Energy Storage. The promotion package of BOI covers 
a comprehensive r ange of electrical vehicles, namely passenger cars, buses, trucks, motorcycles, 
tricycles, and ships. Additionally, to promote local EV battery production, the Board of Investment 
(BOI) also approved additional incentives for the production of both battery  modules and battery 
cells for local market by granting a 90% reduction of import duties for two years on raw or essential 
materials not available locally.  
3.2.8  Government procurement  
Paragraph  3.90, Page 22  
"In 2017 Public Procurement and Supplies Admini stration Act has been enacted in Thailand. The 
main objective of this Act is to promote transparency, accountability, efficiency, effectiveness, and 
value of money which lead to reliability in Thai public procurement for all sectors in both national 
and in ternational level. According to the Act, all government agencies must follow the procurement 
procedures, including State -owned Enterprises (SOEs), local administrations, and other Independent 
public organizations except the procurement by SOEs that directl y involving commerce such as 
purchasing oil and gas of Petroleum Authority of Thailand. " 
Question  32 
Could Thailand clarify: (i) the definition of the "procurement by SOEs that directly involving 
commerce " that are exempted from the Act? (ii) which procedural guarantees against decisions of 
procuring authorities are available to bidders?  
Answer  
"Procurement by SOEs that directly involving commerce " means the State Owned Enterprises that 
are listed companies  or doing business that compete with private sectors such as PTT Public 
Company Limited. Under Public Procurement and Supplies Administration Act (2017), Section 8 
indicate that procurement and supplies administration by a State agency must generate optima l 
benefits to the State agency and must conform with the value for money principle, the transparency 
principle, the efficiency and effectiveness principle, and accountability principle.  
3.3.7  ASEAN Capital Markets Forum  
Paragraph 3.129, Page 28  
We note that 5 ASEAN Sustainability Bonds, including one Social Sustainability Bond, have been 
issued in Thailand.  
Question  33 
Could Thailand provide more information on measures to promote these bonds among companies in 
Thailand (e.g. positive incentives and communication)?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Products  
- We realised that green bonds, social bonds, and sustainability bonds are important 
financing instruments that can mobilise massive capital flows to sustainable 
development projects  
- So, we have been actively pr omoting this sector by engaging with potential issuers, and 
underwriters through organising bootcamps and workshops to create technical 
know -how. Also, in order to enhance the growth of the sustainable bond market, SEC 
has waived the approval and filing fe e from 2019 until May 2021. In addition, SEC have 
been coordinated with international organisations such as the Asian Development Bank 
(ADB) and the UK prosperit fund for technical assistance and support for the cost of the 
external review.  
- The issuance of  these Green, Social, and Sustainability bonds from Thai issues have 
been growing rapidly. The total issuance value has grown to almost USD 3 billion, 
including our first sovereign issuance this year.  
- Last year, the SEC have organised a high-level meeting to promote the bond issuance 
with the government agencies to leverage capital market for the public work.  
- In August this year, we finally have witnessed the first government 's sustainability 
bonds, which is also the first of its kind in ASEAN. The USD 1 billion proceeds will be 
used for the mass transit project and COVID -19 relief package for those affected. The 
deal was highly successful with exceptionally strong demand from the investors with 
3.05 times oversubscription.  
- In addition, th ere are also issuances from a state -owned enterprise of USD 500 million, 
of which USD 188 million worth of green bond from Bank for Agriculture Cooperatives 
and USD 212 million worth social bonds from National Housing Authority.  
Investors and information c enter 
- Investor is a key driver to voice and use their voting power. The investment Governance 
Code (I Code) was launched in 2017 as investment governance principles and guidance 
for responsible and effective stewardship investments. We will continue commun icating 
and working towards higher commitment from institutional investors and the asset 
owners. Another initiative will be to encourage the listed companies to take ESG -related 
factor in choosing their provident fund manager.  
- In addition, we have recently  developed a bulletin platform, in cooperation with 
ThaiBMA, which would be a center for providing information on sustainable financing 
debt securities to promote the visibility for them.  
External review  
- As some issuers raised their need for local reviewe r to reduce cost or facilitate the 
working process. We have been cooperating with ADB to support technical assistance 
for the potential local reviewers. Recently, TRIS, the local credit rating agency has just 
been approved as the verifier under the CBI sta ndard.  
  WT/TPR/M/ 400/Add.1  
 
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 HONG KONG, CHINA  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT  - WT/TPR/S/400  
TRADE POLICIES BY SECTOR  
Banking services  
Pages 137 and 139, paras 4.100 and 4.107  
It is a mandate for state -owned Specialized Financial Institutions (SFIs) to provide financing to those 
who are not adequately served by commercial banks, such as low -income households and specific 
economic sectors (e.g. agriculture, small businesses, and housing). As noted in the Secretariat 
Report, SFIs are not subject to the same supervision regime and disclosure obligations as 
commercial banks.  
Question 1  
Is there any timetable or plan to carry out the recommendation of International Monetary Fund (IMF)  
in 2019 to align the regimes of the largest deposit -taking SFIs with that of commercial banks?  What 
would be the major challenges in implementing the recommendation?  
Answer  
The BOT has been implementing regulation and supervision framework for SFIs that are in line with 
those of commercial banks. The details are as follow:  
Regulations :  
- The BOT works closely with Ministry of Finance to develop regulations for SFIs that align 
with those of commercial banks and, at the same time, suit specific mandate of each 
SFIs. The regulations were designed to be issued in stages according to their priorities 
and necessities. This allows BOT and MOF to monitor the impact of regulations as well 
as economic situation and be able to schedule regulations issuance approp riately.  
- Upon approvals from Ministry of Finance, in 2019 - 2020, the BOT has issued rules and 
guidelines aiming for stability and prudence, which include standards on governance, 
capital requirement, liquidity reserve requirement, credit process, single lending limit, 
accounting, branches service, outsourcing, KYC, IT risk management, mortgage loan, 
and market conduct.  
- To enhance SFIs ' risk management further, the BOT is in the process of issuing rules 
and guidelines on reverse mortgage, digital channel,  operational risk management, 
compliance and internal audit function, and business continuity plan and management.  
Examination : 
- SFI examination follows the same guideline as commercial banks. The BOT focuses on 
financial institutions supervision according  to each financial institution 's level of 
significance to the overall system, together with its inherent risks. For any transactions 
that the BOT has not issued specific regulations for, reference is made to regulations 
for commercial banks.  
- SFI examinati on processes are the same as commercial banks. Furthermore, the BOT 
conducts ongoing supervisory framework and adapts data analytic for off -site 
monitoring and assessing risk to SFIs.  
However, the wide -ranging mandates result in varying strategies and busi ness models of SFIs. Thus, 
the regulatory principles have been added more flexibility by taking into account differences of SFIs 
from commercial banks in four aspects : (1) Deposit taking and systemic importance (2) Risks WT/TPR/M/ 400/Add.1  
 
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 associated with transactions pertai ning to each SFI 's mandate (3) Characteristics and limitations 
stemming from the performance of mandates (4) Preparedness in applying SFIs regulations for 
infrastructure and human resource.  
Page 140, Paragraph  4.113  
Individual and juridical depositors in local currency (except non -resident baht accounts) are 
protected under the Deposit Protection Agency Act B.E. 2551 (2008) in case a financial institution 
goes bankrupt.  From 11 August 2019 Thai baht deposits are protected under the Act up to a 
maximum of 5 million baht per one depositor per financial institution until 10 August 2021.  It will 
be reduced to THB 1 million afterwards.  
Question  2 
What are the reasons for lowering the protection coverage level in 2021?  Have stakeholders been  
consulted before implementation?  
Answer  
The coverage limit for deposit protection scheme has been set based upon the Core Principles for 
Effective Deposit Insurance System (amended in 2014), and as such specified in the Deposit 
Protection Agency Act B.E. 2 551 (2008). The lowering of the coverage limit from 5 million baht per 
one depositor per financial institution to 1 million baht was previously scheduled to begin in 2020. 
However, taking into consideration the COVID -19 pandemic in 2020 in combination with  related 
research and public hearings with stakeholders, including depositors and the banking sector, the 
government has enacted the Royal Decree Prescribing the Amount of Protected Deposits B.E. 2563 
(2020) in order to enhance the security and stability f or financial and financial institution system 
and regain public confidence by temporarily extending the coverage limit up to 5 million baht for 
another year. As a result, the lowering of the protection coverage level to one million baht will begin 
in 2021,  in compliance with section 53 of the Deposit Protection Agency Act B.E. 2551 (2008).  
It should be noted that the reduction in deposit protection limit to 1 million baht will not affect the 
great majority of the public, because such protection limit cover s more than 98.72% of the total 
number of accounts (as of 10 November 2020).  
Telecommunications services  
Page 148, paragraph  4.152  
In order to embrace the country 's transition towards a digital economy, in 2019, Thailand passed 
several new laws and amended existing ones to foster a supportive environment.  The Cybersecurity 
Act established new authorities responsible for cracking down on cybercrimes and protecting the 
national critical information infrastructure; the Personal Data Protection Act provi des rules and 
mechanisms for personal data protection.  In addition, the Electronic Transaction Act was amended 
twice to respond to the latest technology developments.  
Question 3 
Have these new or amended laws already entered into force? Are there any other  legislative 
proposals in the pipeline aiming to support Thailand 's transformation to a digital economy?  
Answer  
Laws that are already in force:  
- Re-organization of Ministry, Bureau and Department Act, B.E. 2559 (2016) - 
Establishing Ministry of Digital Econ omy and Society  
- Digital Economy and Society Development Act B.E. 2560 (2017)  WT/TPR/M/ 400/Add.1  
 
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 - Computer Crime Act (Amendment) B.E. 2560 (2017)  
- Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and 
Telecommunications Service (Amendment) B.E. 2560  (2017) and B.E. 2562 (2019)  
- Electronic Transactions Development Agency Act B.E 2562 (2019)  
- Electronic Transactions Act (Amendment) B.E. 2562 (2019)  
- National Council for Digital Economy and Society Act B.E.2562 (2019)  
- Cybersecurity Act B.E. 2562 (2019)  
- Personal Data Protection Act B.E. 2562 (2019)  
- Electronic Transactions Act (4th version) Digital ID B.E. 2562 (2019) . 
For the next step, Thailand plans to issue the Subordinate Legislation under the Cybersecurity Act 
and Personal Data Protection Act.  
Question  4 
What changes have been made in the two amendments to the Electronic Transaction Act?  
Answer  
Amendment No.  3 and No.  4 adopted selected principles from the UNCITRAL e -Communications 
Convention, reinforced the law enforcement, adjusted the rules on the supervision of electronic 
transaction businesses, amended the components and authorities of the Electronic Transactions 
Commission (ETC) and empowered the Electronic Transactions Development Agency the 
ETC Secretariat.  
Tourism services  
Page 156, Paragraph  4.206  
Foreign investment restrictions remain in place for hotels, travel agencies, and travel operators.  
Foreign capital participation may not be more than 49% of a company 's total equity, unless prior 
approval is granted.  
Question 5  
What criteria will be considered in granting prior approval for investment involving foreign capital 
participation of more than 49% in these industries?  
Answer  
In term of Tour Operators and Travel Agents, there is no exception or granting for foreign capital 
participation more than 49% of a company 's total equity. It is recommended to ask for further 
information from the responsible organization, the Foreign Business Act, B.E. 2542 (1999).  
Page 156, Paragraph  4.207  
Incentives are provided to a number of economic activities in the tourism sector, such as hotels, 
convention halls, tour boating, cruise terminals, amusement parks, Thai cultural centres, and Thai 
art and craft centres.  WT/TPR/M/ 400/Add.1  
 
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 Question 6  
What kind of incentives are provided? Are foreign companies elig ible to apply?  
Answer  
Thailand Board of Investment provide both tax and non -tax incentives for promoted juristic persons.  
An example of tax incentive is the exemption from payment of corporate income tax for a certain 
period. An example of non -tax incenti ves is permission to bring foreign skilled workers and experts 
into Thailand to work in promoted projects. Non -tax incentives aim at facilitating investors ' operation 
in their promoted projects. Incentives provided to local and foreign investors are the sa me, based 
on eligible activities. For more details, please visit our website at www.boi.go.th and 
https://www.boi.go.th/upload/section7_en_wt_link.pdf.  
  WT/TPR/M/ 400/Add.1  
 
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 INDIA  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
Page 6, Para graph  3.4 
Question 1  
India requests Thailand to explain what measures does one of its key development policies i.e 
"Thailand 4.0" seeks to adopt so as to integrate digital technologies into public administration to 
improve its quality and efficiently deliver public services?  
Answer  
A Thailand digital government development plan 2017 - 2021 was made to (1) Enhance the universal 
indicators relating to digital government, (2) Improve public services especially being paperless, 
(3) Increase transparency and accountability, and (4) Cooperate seamlessly between government 
organisations to be more efficient and provide better services for people.  
The expected outcomes of Thailand 4.0 policy are as follows : 
1) Economic Prosperity: to create a value -based economy tha t is driven by innovation, 
technology and creativity. The model aims to increase Research and Development 
(R&D) expenditure to 4% of GDP, increase economic growth rate to full capacity rate of 
5-6% within five years, and increase national income per capita  from 5,470 USD in 
2014 to 15,000 USD by 2032.  
2) Social Well -being: to create a society that moves forward without leaving anyone behind 
(inclusive society) through realization of the full potential of all members of society. The 
goals are to reduce social d isparity from 0.465 in 2013 to 0.36 in 2032, completely 
transform to social welfare system within 20 years and develop at least 
20,000  households into "Smart Farmers" within five years.  
3) Raising Human Values: to transform Thais into "Competent human beings in the 
21sth  Century" and "Thais 4.0 in the first world. Measures under Thailand 4.0 will raise 
Thailand HDI from 0.722 to 0.8 or the top 50 countries within 10 years, ensure that at 
least five Thai universities are ranked amongst the world 's top 100 highe r education 
institution within 20  years.  
4) Environmental Protection: to become a livable society that possesses an economic 
system capable of adjusting to climate change and low carbon society. The targets are 
to develop at least 10 cities into the world 's most livable cities and reduce terrorism 
risk. 
The example of integration  digital technologies into industrial sector to improve its quality and 
efficiency such as establishment of the Industry Transformation Center (ITC) through cooperation 
of three  minist ries, including, Ministry of Industry (MOI), Ministry of Higher Education, Science, 
Research and Innovation (MHESI) and Ministry of Digital Economy and Society (MDES). The purpose 
of this programme is to be integrated service center that aims to develop pr oducts, processes, and 
people of Thai industries by connecting private manufactures and SMEs with innovation and research 
and creating opportunities, especially sharing knowledge on product development, business 
management, and innovation.  
Page 15, Para graph 3.44 
3.2.5.1  Civil aviation  
3.44.  In this regard, the Ministry of Transport and the Civil Aviation Authority of Thailand (CAAT) 
jointly resolved the 33 findings by amending Thailand Air Navigation Act and enhancing CAAT 
officers ' competence to gain trust and credibility from global civil aviation community. A new air WT/TPR/M/ 400/Add.1  
 
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 operator certification process was introduced and all international air operators were required to 
re-certify under the new scheme.  
Question 2  
With reference to the a bove para, Thailand is requested to elucidate its new scheme and explain the 
certification process mentioned therein.   
Answer  
The Civil Aviation Authority of Thailand (CAAT), established as an autonomous government agency, 
started the process of regulatory reform of the safety oversight system through the amendments of 
the primary regulation, the introduction of more ICAO standard regulations, recruitment of new 
qualified technical staff, provision of appropriate training to enhance and maintain t heir competency, 
the establishment of technical guidance, manuals and tools both for own technical personnel and for 
the operators.  
A new air operator certification system was introduced and all international air operators were 
required to recertify under section 37 of the Civil Aviation Emergency Decree B.E.  2558 for issuing 
regulations, requirements, notifications, rules and orders to stipulate qualifications, rules, 
procedures, conditions, standards and practical guidance for the following matters to ens ure 
conformity with current and timely International Standards.  
The regulations of Thailand to hold an Air Operator Certificate (AOC) are required by:  
- Regulation on Civil Aviation Board No. 85 on The Air Operator Certificate  
- Regulation on Civil Aviation Board No. 86 on Operation of Aircraft  
- Air Operator Certificate Requirements (AOCR)  
- Helicopter Operations Requirements (Additional Requirement for Helicopter) . 
Air Operator Certification Process : A 5-phase process for systematic handling of all AOC  applications 
has been adopted. The five phases are explained briefly as follows : 
Phase 1: Pre -Application Phase  
- A preliminary discussion is held whereby basic information and general certification 
requirements are discussed, and an application form is pro vided when the applicant desires 
to continue with the AOC application.  
- The applicant will be provided with an overview of the certification process and made aware 
of the various department responsible for financial, economic and legal matters, and for the  
assessment of your financial resources and ability to support the proposed operations.  
- If the phase meeting is satisfactory and both parties are in agreement that the application 
may proceed, the applicant will be asked to submit a formal application.  
- The applicant will then be provided with an AOC Application package that includes the following 
documents:  
a) A draft schedule of events in the Application certification process  
b) The Operations Manual Checklist  
c) An AOC Approvals Document template  WT/TPR/M/ 400/Add.1  
 
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 d) The Aircraft Equ ipment checklist template  
e) Template OPS form 4, to be completed for each nominated post holder . 
Phase 2: Formal Application Phase  
- This phase begins when the applicant submits the completed application letter with 
attachments containing the information requi red by the CAAT comprising a formal application 
package.  
- The application letter shall be signed by the applicant 's Accountable Executive and shall 
contain at least the following information:  
a) a statement that application serves as a formal application for an AOC  
b) the name and address of the applicant  
c) the location and address of the applicant 's principal place of business and the 
main base of operations  
d) a description of the applicant 's business organization and corporate structure, 
name, and addresses of those entities and individuals having a major financial 
interest  
e) the name and address of the applicant 's legal representative  
f) the identity of key management personal – Refer to AOCR, Chapter 1  
g) the nature of the proposed operations  
h) the desired date for the operation to commence . 
The attachments that need to accompany the formal application letter are:  
a) the identification of the operation specifications sought with information on how 
associated conditions will be met  
b) the schedule of events in the certification process with appropriate events 
addressed and target dates  
c) an initial statement of compliance or detailed description of how the applicant 
intends to show compliance with each provision of the air navigation regulations; 
– Statement of Compli ance to the AOC Requirement  
d) the management structure and key staff members including, functional tasks, 
lines of reporting -authority -accountabilities, titles, names, backgrounds, 
qualifications, and experience, with regulatory requirements satisfied  
e) the de tails of the SMS framework  
f) a list of designated destination and alternate aerodromes for scheduled services, 
areas of operation for non -scheduled services and bases for operations, as 
appropriate to the intended operations  
g) a list of aircraft to be operated  
h) documents of purchase, leases, contracts or letters of intent  
i) arrangements for crew and ground personnel training and qualification, facilities 
and equipment required and available  WT/TPR/M/ 400/Add.1  
 
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 j) the operations manual, properly structure on Parts A, B, C and D  
k) the General Maintenance Manual (GMM)  
l) detail of the method of control and supervision of operations to be used  
m) Complete Forms 107, 108, 109; and  
n) The detail of the Quality Management System.  
Phase 3: Document Evaluation Phase  
A thorough evaluation of all the man uals, documents, and attachments etc. This is to ensure that 
all documentation meets the required standards and requirements. All manuals and documents 
submitted will also be retrained by the Authority during the currency of an AOC.  
Phase 4: Demonstration and Evaluation Phas e 
The applicant demonstrates to CAAT an ability to comply with regulations and safe operating 
practices to ensure that the applicant has an adequate organisation, the method of control and 
supervision of flight operations, training progr amme, ground handling, and maintenance through 
proving flights for evaluation by CAAT.  
Phase 5: Certification Phase  
After all, documentation has been assessed to be complete, the AOC will be issued with the 
corresponding operations specifications to enable  the applicant to commence revenue operations.  
Page 19 , Paragraph  3.68 
Question 3  
Can Thailand throw some light on some of the key measures it has taken to improve tourism and 
accomplish the objective of its Second National Tourism Development Plan B.E. 2560 -2564 
(2017 -2021)?  
Answer  
Thailand has not revised the Second National Tourism Development Plan as the plan was initiated 
before the pandemic and now nearing its validity. Nevertheless, Thailand has taken measures to 
cope with the situation of the  COVID -19 pandemic.  
Page 20 , Paragraph  3.80 
Question  4 
India requests Thailand to provide an insight on some of the key step/measures it has taken for 
inclusion of local communities into its IP system and how it has promoted GI among local farmers.   
Answer  
The Department of Intellectual Property has been promoting GI among local farmers in a number of 
ways. For example, we have our officials visit provinces in all regions of the country to educate local 
farmers and entrepreneurs about the importance o f GI and to give advice on GI registration and 
quality control system.  
In terms of marketing, we have also been assisting GI producers in developing their products and 
packaging in order to increase the value of their GI products, as well as helping to cr eate market 
opportunities for GI products by seeking cooperation from modern trade operators in distributing 
GI products and organizing the "GI Market" events regularly.  WT/TPR/M/ 400/Add.1  
 
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 Page 22 , Paragraph  3.92 
3.2.9  Competition  
3.92. The Trade Competition Act B.E. 2560 (2017) is Thailand 's current law which governs 
competition policy framework. Repealing the Trade Competition Act B.E. 2542 (1999), the present 
law has been in force since 5  October 2017. The Act regulates anti -competitive conducts such as 
abuse of mar ket dominant position, mergers and acquisitions, cartels (vertically and horizontally) 
and unfair trade practices.  
Question  5 
With reference to above paragraph India would like to know is there any provision to address the 
issue of "Collective Dominance" u nder Thailand 's Competition Laws?  
Answer  
No, the provisions in relation to collective dominant are irrelevant to the government tax revenue.  
Page 9 , Paragraph  3.24 
Question  6 
With reference to Para 3.24 (1) (page 9), "And other measure is to financially support  Green 
Projects  in which the Bank for Agriculture and Agricultural Cooperatives provides low interest rate 
loans to approved agricultural entrepreneurs or agricultural re lated businesses which are in search 
of financial support for this environmentally friendly project.", India would like to know the products 
being dealt by entrepreneurs and businesses having received such benefits under the programme. 
In addition to this,  kindly elaborate on the targeted industries entitled/aimed for incentivization.  
Answer  
The green credit is the project which promotes and supports BAAC customers to run environmentally 
friendly businesses. The four types of projects/products that can apply for green credit are:  
1) Organic or safe food production; especially the certified standards or food safety 
practices such as International Federation of Organic Agriculture Movements - IFOAM, 
Organic Thailand, USDA ORGANIC, G ood Agricultural Practice; GAP, Good Hygiene 
Practice; GHP, Good Manufacturing Practice; GMP, Hazard Analysis Critical Control 
Point; HACCP, Participatory Guarantee System ; PGS) etc., or any products which 
received certifications about food safety from go vermental agencies.  
2) Alternative energy Or renewable energy Or clean energy uses such as Biogas system 
for both household use or livestock farms, Biomass power generation systems for the 
community, Solar energy or any changing to use alternative energy Or r enewable 
energy or clean energy, etc.  
3) Conservation of natural resources and the environment, such as the Wastewater 
treatment system modification, Waste management, Environment agricultural 
production or Project according to the sufficiency economy concept . 
4) Arts, culture or community way promotion such as Producing, Processing, Distributing 
agricultural products from local wisdom, Agricultural Community Tourism Promotion or 
ecological community tourism, etc.  
In the case that the customer is certified to the  standards or guidelines related to each type of loan 
objectives according to the above projects. The bank will adjust interest rates at the rate of MRR -1 
(for farmers or individuals) or MLR -0.50 (for group or corporate customers). Thus, the target 
industr ies that are eligible for green credit will be covered throughout the agricultural value chain 
financing and also include in the management of industrial pollution and ecotourism.  WT/TPR/M/ 400/Add.1  
 
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 Page 11 , Paragraph  3.2.2  
Question  7 
With regards to Section 3.2.2 (Page 11) - Agriculture, Para 3.34, line –"During 2015 -19, the 
agricultural GDP increased from USD 19.73 billion in 2015 to USD 7.56 billion in 2019 , with an 
average growth rate of 2.3% per year. In 2015 -16, agricultural GDP declined continuously due to 
severe natural disasters, especially, the drought that had occurred since 2014.", kindly review the 
highlighted text and provide correct statement.   
Answer  
WTO has already corrected the number to USD 27.56 billion.  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Page 9 , Paragraph  9 
Question  8 
Can Thailand please elucidate the steps that has been taken to liberalize FDI in infrastructure 
development and also what are those certain services industries where it seeks to liberalize FDI?  
Answer  
On 11 March 2019, Thailand has established a new PPP Act, the Public Private Partnership Act 
B.E. 2562 (2019) (the PPP Act 2019) (replaced the former PPP Act, the Public Investment in State 
Undertakings Act B.E. 2556 (2013) (the PISU  Act 2013). Section 12 of the PPP Act 2019 stipulates 
that the Public -Private Partnership Project Delivery Plan (the PPP Delivery Plan) shall be prepared in 
a manner consistent with the Master Plans on the Infrastructure and Social Development under the 
National Strategy 2018 - 2037 (the Master Plan) as prepared by the Office of the National Economic 
and Social Development Council. Undertakings under this Act shall also be carried out for the purpose 
of achieving goals of PPP, including the consistency with  the PPP Delivery Plan. The PPP Delivery 
Plan 2020 -2027 is published on the SEPO 's website at 
http://www.ppp.sepo.go.th/tinymce/plugins/filemanager/thumbs//PPP%20Delivery%20Plan%202
020-2027_Mar2020%20(EN).pdf.  
The PPP Delivery Plan is a long -term plan, which contains 92 PPP projects. The PPP projects are 
categorized based on the priority and urgent  need of PPP Projects under the Plan into three  groups, 
which are (1) High Priority, (2) Normal, and (3) Initiative. The prioritization will help monitor and 
follow up PPP projects to be proposed to the PPP Committee according to the Plan. In addition, the  
line ministry shall also report a summary of implementation, progress, and problems and obstacles 
with regard to projects under the Plan to the PPP Committee at twice a year for the PPP Committee 's 
further consideration.  
Page 11 , Paragraph  20 
Question  9 
What are the conditions and is there any specific time period for taking agricultural lands on lease 
by the foreigners?  
Answer  
Under the provision of Section 19 (7) of the Agricultural Land Reform Act. B.E. 2518 (1975), the 
Agricultural Land Reform Executiv e Committee Regulation, in respect of rules, procedures and 
conditions upon selecting eligible farmers ent itled to land allocation from agricultural land reform 
B.E. 2535 (1992), provided in clause 6 (1) that farmers, who are eligible to apply for land utilization 
in land reform area, must have a Thai nationality. Hence, foreigners cannot apply for land lease in 
land reform area.  WT/TPR/M/ 400/Add.1  
 
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 Page 12 , Paragraph  1.2 
ECONOMIC ENVIRONMENT  
Question  10 
Could you elaborate on the different measures/initiatives in order to maintain financial stability in 
the economy?  
Answer  
To maintain financial stability in the economy the Ministry of Finance and the Bank of Thailand (BOT) 
have worked closely together to swiftly implement measures to alleviate the impact of the COVID -19 
outbreak on households and businesses. However, the intensified and longer -than-anticipated 
outbreak necessitates additional relief measures to support small and medium -sized enterprises 
(SMEs), which are the backbone of the Thai economy and a primary sour ce of employment. It is also 
necessary to have measures to stabilize the corporate bond market to ensure the normal functioning 
of the market as the financing source for the private sector and to safeguard the economy and 
financial stability as a whole.  
The package consists of four important measures :  
1) A loan payment holiday of six months for all SMEs with a credit line not exceeding 
100 million baht  
2) Soft loans to support liquidity for SMEs with a credit line not exceeding 500 million baht, 
with a concessi onal interest rate of 2% per annum and interest -free for the 
first six months.  
3) In order to stabilize the corporate bond market by providing liquidity backstop to ensure 
its continued functioning, the BOT and the Ministry of Finance establish the Corporate 
Bond Stabilization Fund (BSF) to provide bridge financing to high -quality firms  with 
bonds maturing during 2020 -2021, at higher -than-market 'penalty ' rates.  
4) Reducing the FIDF fee will ease the loan interest burden of businesses and households. 
BOT will halve the rate of contribution from financial institutions to the FIDF from 0.46%  
of deposit base to 0.23% per annum for a period of two years. This is intended for 
financial institutions to immediately pass on such cost savings to businesses and 
households by further reducing their loan rates.  
Additionally, in safeguarding Thailand 's financial stability, the BOT collaborates with relevant 
supervisory authorities, such as the SEC, the OIC and the FPO, to assess risks and coordinate 
policies. Areas of financial risk build -up are identified through sectoral surveillance and risk 
assessm ents by relevant departments and authorities. Key issues identified as well as policy 
recommendations are then discussed at cross -organizational forums, both at the working level (the 
Financial Stability Working Group containing representatives of the key financial regulators) and 
policy level (the Joint Meeting of the Monetary Policy Committee (MPC) and the Financial Institutions 
Policy Committee (FIPC) which discuss and decide on cross -cutting financial stability issues and 
potential policy responses).  
As a result of the financial system surveillance framework described above, several macro prudential 
measures have been introduced to prevent pockets of vulnerabilities from escalating into systemic 
risks. For example : 
• To address the issue of household over -indebtedness, debt -to-income limits on credit card 
and personal loans from commercial banks were imposed in 2017 to prevent excessive 
debt creation, especially for lower -income borrowers. The BOT has also worked closely 
with financial institutions to impr ove credit underwriting standards and assessment of 
borrowers ' debt serviceability as well as affordability. In this regard, the BOT, in 
collaboration with financial institutions (FIs), has developed standard DSTI definition and WT/TPR/M/ 400/Add.1  
 
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 started gathering DSTI data  from FIs to monitor the risk of household over -indebtedness. 
Banks have submitted monthly granular data to the BOT since Oct . 2019.  
• To curb excessive speculation in the real estate market, the BOT has revised the 
loan-to-value (LTV) measure on mortgage lo ans in 2019 to impose a more stringent 
LTV limit for second and subsequent mortgage contracts and for housing units with value 
exceeding 10  million baht.  
• To alleviate the impact of the COVID -19 pandemic, the BOT has also implemented a series 
of measures t o address problems faced by affected businesses and households, as well as 
to maintain stability of the financial market.  
At the peak of the pandemic, measures have been implemented in a broad -based manner as all 
sectors were significantly affected by the lockdown. Key financial relief measures for businesses and 
households include debt payment holiday, soft loans to support liquidity for SMEs and debt 
restructuring schemes. On the financial market side, preventive measures have also been 
implemented to sta bilize financial markets, including the establishment of the Mutual Fund Liquidity 
Facility (MFLF) and the Corporate Bond Stabilization Fund (BSF; a backstop facility for corporate 
bond rollover) to boost investors ' confidence and restore effective market functioning.  
After lockdown restrictions were eased, businesses have resumed their operations and employment.  
Policy focus has now shifted from dealing with broad -based liquidity pressures to supporting a 
sustainable recovery in a targeted manner. While re lief measures continue to be maintained to 
support recovery, additional liquidity support will be targeted to illiquid but solvent firms. At the 
same time, measures to support the stability of financial markets will be adjusted as appropriate to 
ensure tha t the markets continue to function smoothly.  
Page 13 , Paragraph  1.5 
Question  11 
What steps will the government take to improve its participation in global value chains which was 
affected due to global effective downturn, trade wars and current pandemic situation?   
Answer  
COVID -19 pandemic causes supply and demand shocks and disrupts economies across the world. 
Although Thailand has efficiently controlled the spread, the pandemic has caused an inevitable 
impact to the economy, society, and people 's quality of life. Consequently, the Thai government has 
activated emergency procedures and policy responses that help Thailand to recover from the crisis. 
The government has approved THB 1.9 trillion fiscal stimulus package, which focuses on economy 
restructuring to enhance the country 's competitiveness in the long run.  
Thailand has planned to invest in the markets that it has a potential to expand in a new normal 
scenario, especially in technology and innovation that adds high value to the new s -curve i ndustries 
including robotics and automation, aviation and logistics, bio -fuels and bio -chemicals, digital, 
integrated medical service, future automotive, smart devices, quality tourism and health tourism, 
agriculture and bio -technology, and food processing . Moreover, the government has invested to 
improve logistics and transportation system, and infrastructure, such as Laem Chabang port, 
U-Tapao International Airport, and a high -speed rail linked to the airport, to attract foreign investors.  
A prominent ba rrier to foreign investors and human resources are rules and regulations. To facilitate 
inbound foreign investors, executives, experts, and startups, the Law Reform Commission of 
Thailand has launched the SMART Visa and revised the relevant rules and regul ations that impede 
business operations. The government also focuses on upskilling the country 's workforce, promoting 
research and development, and enhancing the digital transformation.  WT/TPR/M/ 400/Add.1  
 
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 Page 14 , Paragraph  1.7 
Question  12 
Does Thailand has any specific plans to revive its tourism sector which is affected due to COVID -19? 
Answer  
Thailand does not have a specific plan to revive the tourism sector yet, but there are measures to 
cope with the COVID -19 pandemic, such as measures to support tourism sector and stimulus 
measures to boost domestic travel.  
Pages 16 -17, Para graph  1.12 
Question 13  
Are there any future actions plans to increase SME 's participation in Thailand exports?   
Answer  
According to the 4th SME Master Plan, one of the key performance indicators and goals of the 
third strategy (promoting market access and internationalization) is that SMEs are capable to 
compete in the international market. The action plans are as followings:  
- Support in -depth oversea markets information by d eveloping a "market intelligence ", 
which includes trade opportunity, investment, consumer behaviours, trade statistics, 
law and regulations, buyer lists etc. and SMEs can easily access such information online.   
- Support potential SMEs to compete in the international market. Provide business 
opportunities for SMEs in the international trade, subsidize SMEs to international 
markets, develop electronic market for international markets, promote standardizing 
products and support innovative SMEs to the intern ational market.   
- Foster new exporters: organize trainings/seminars and online learning on how to do 
business oversea as well as provide consulting.  
- Facilitate SMEs who are interested in foreign direct investment by establishing "One 
Stop Service " and "SME estates " in oversea markets to assist SMEs.   
Page 20 , Paragraph  1.20 
Question  14 
What are those countries which gets visa waivers for tourists under the Thai Stimulus Package?  
Answer  
The Thailand Special Tourist Visa (STV) is a special visa introduced by t he Tourism Authority of 
Thailand for long -stay tourists who would like to travel to Thailand. It is one of the economic 
measures by the Thai government to restore the local tourism industry that has been affected heavily 
by the COVID -19 pandemic.  
Thailand Special Tourist Visa Qualifications  
Foreigners applying for a Special Tourist Visa must be:  
- Foreigner from a low -risk country according to the Public Health Ministry regulations.  WT/TPR/M/ 400/Add.1  
 
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 - Accept compliance of preventive measures as prescribed by the government, including 
submitting to alternative state quarantine (ASQ) in accredited hospitals/hotels for not 
less than 14 days upon arrival.  
- Provide evidence of accommodation during the long stay visit.  
- Provide proof of payment for hotel accommodation or admittance to hospitals chosen 
as alternative state quarantine (ASQ) facilities.  
Requirements for Thailand STV  
Foreigners applying for the STV will need to provide the following:  
1. Proof of accommodation after the 14 -day quarantine, which could be any of the following:  
- Proof of payment for hotel or accommodation to be used after discharge from 
quarantine.  
- Copy of a condominium title deed owned by the visitor or a family member.  
- Evidence of renting accommodation – condominium or house.  
- Evidence of payment f or the purchase or lease of a condominium -type residence that 
foreigners can legally buy or lease.  
2. Proof of medical and travel insurance with a minimum 100,000 USD coverage for COVID -19 
medical treatment and a minimum coverage of 400,000 THB for other m edical and accident 
expenses. The insurance must cover for at least 90 days which is the initial validity of the visa.  
Foreigners with the evidence needed above will be eligible to apply for an STV from Thai embassies 
or consulates in selected countries.  
STV Application Process  
The applicant must get in touch with the Thai Embassy or Consulate or local office of the Tourism 
Authority of Thailand in their country or an accredited travel agency. An initial application will be 
submitted to the Bureau of Immigr ation for a background check. After receiving the approval from 
the Immigration Bureau, the applicant or the agency will be requested to submit the visa application 
form, pay the visa fee, provide the proof of ASQ accommodation, proposed chartered flight t o 
Thailand and copy of the health insurance policy. The application will be submitted to the Ministry of 
Foreign Affairs.  
After the visa application has been approved by the MFA, the applicant will collect the STV visa and 
the Certificate of Entry (COE) w hich will be issued by the Thai Embassy or Consulate in his/her 
current location. The applicant will also provide the Fit to Fly Medical Certificate which must state 
that the applicant does not have COVID -19 and this certificate must be issued within 72 ho urs before 
the flight departure.  
Visa Fee and Validity  
Eligible applicants will have to pay a visa fee of 2,000 THB and the visa holder will be allowed to stay 
in the country for 90 days. After this period expires, immigration officers will be able to rene w the 
holder 's visa twice, each for another 90 days at a time. Foreigners must submit an application and 
pay a fee in accordance with the rules.  
Upon Arrival in Thailand  
Upon arriving in Thailand, visitors must undergo health screening from the Ministry of Public Health. 
The STV holder will be issued a permit to stay for 90 days in Thailand if the tourists pass all screening 
measures. They will immediately depart the airpo rt to begin the strict state quarantine at their paid WT/TPR/M/ 400/Add.1  
 
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 ASQ/ALSQ. Once they are tested negative for COVID -19 after the 14 -day quarantine, long -stay 
tourists will have the freedom to travel as they please around the country with a mobile application 
that will  track their destination. The Thailand Special Tourist Visa (STV) holders can enter Thailand 
starting on 1 October 2020 until 30 September 2021.  
Page 20 , Paragraph  1.21 
Question 15 
Kindly elaborate on the various measures taken by Thailand government durin g the outbreak of the 
COVID -19 to mitigate the economic impact of the outbreak?  
Answer  
The government rolls out relief measures to mitigate the economic impact of the outbreak in three 
phases – first on 10 March 2020, second on 24 March 2020, and third on 7 April 2020. The most 
recent package has just been approved by the cabinet on 3 November 2020. The relief measures 
take different forms, including soft loans, tax deductions, tax deferrals, cash transfers, and 
expenditure reliefs.  
Soft loans  or low-interest loans have been made available to businesses in order to help them 
maintain the hiring of workers, to individuals with and without collaterals, and to SMEs. Soft loans 
have been issued not only via Specialized Financial Institutions (SFIs) but also, under supervision of 
the Bank of Thailand, commercial banks. Terms of government -owned pawnshops are also relaxed, 
and their interest rate reduced.  
Multiple tax measures  are applied : 
• Additional tax deductions are allowed for expenditures incurred by SMEs for their hiring of 
workers as well as for interest payments incurred from the soft loans, while, for individuals, 
deductions allowed for health insurance premium are increased.  
• Tax exemptions are also made to facilitate the working of the healthcare system. Hazard 
pays for healthcare workers are also tax -exempted. Duties and/or VAT are exempted from 
imported goods, including medicines and medical supplies, to be donated to government 
medical facilities, government agencies, or charities for treatment,  diagnosis, or 
prevention of COVID -19. 
• Other tax measures are also available to keep the businesses Exemptions of taxes and 
reductions of fees related to debt restructuring are also employed to promote debt 
restructuring in prevention of default and in ord er to alleviate the burden incurred by the 
debtors.  
• Tax deferrals are allowed for several items, including corporate income tax, personal 
income tax, and excise tax for affected businesses and for petroleum products.  
• To help businesses with liquidity, with holding tax rate is reduced and VAT refund process 
is accelerated.  
• Collection of fees and charges levied by government agencies and state -owned enterprises 
is delayed. Rental fees levied on lessees under the obligation to pay rents on land used 
for residen tial or agricultural purpose will be waived for one year.  
Cash transfers  have been made to compensate for the loss of incomes during the lockdown to 
informal workers as well as farmers. To workers inside the social security system, benefits are 
provided to  workers who are out of work for the force majeure reason, including workers who are 
asked to take a furlough, and workers who become unemployed by quitting or being laid off.  
Reliefs on expenditures  are given to both businesses and households, including d iscounts on utilities 
payments and are provided with an extended grace period to make such payments, while fixed 
deposits held by service providers are also refunded to select groups of users. Required contributions WT/TPR/M/ 400/Add.1  
 
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 to the social security fund are reduced for both employers and workers, and the period during which 
the payments can be made is also extended.  
Fiscal disbursements  are accelerated to fund local projects, especially those related to tourism sector 
and infrastructure development at the local level . 
Financial measures  are designed to support the financial market. The Corporate Bond Stabilization 
Fund is created to purchase securities issued by firms who may temporarily suffer from liquidity 
shortage. With supports from the Bank of Thailand, individu al and SME debtors are encouraged to 
renegotiate their loan terms so as to reduce default rate while the economy is still recovering from 
the pandemic.  
Page 24 , Paragraph  1.36 
Question 16 
Can Thailand enlist some of the measures which BOT has put in place to make it easier for Thai 
businesses and residents to invest abroad?  
Answer  
Prior to the BOT 's latest relaxation on foreign exchange regulations in the past few years, the BOT 
had relaxed the regulations to allow Thai residents to make direct investment abroad without limit 
as well as Thai institutional investors to invest in securities abroad freely.   
During the past few years, the BOT further relaxed the regulations on investment in securities abroad 
by retail investors including increasing i nvestment limits and expanding the scope of products in 
which they can invest such as unit linked insurance. Currently, the retail investors are allowed to 
make such investment through local intermediaries without limit and up to USD 5 million without 
going through the intermediaries.  
Page 31 , Paragraph  1.49 
Question  17 
Kindly mention the major sectors in which Thailand has major inflow of FDI from Singapore, China 
and Japan?   
Answer  
In 2019, FDI inflows from China were mainly in three sectors: Rubber manufacturing (40%), Auto 
parts manufacturing (19%), and Real estate related activities (19%). The FDI inflows from Singapore 
largely involved in holding activities (32%) and insurance bu siness (29%). It is noteworthy that FDI 
inflows to insurance business in 2019 skyrocketed mainly due to the acquisition of Thai insurance 
company by a foreign investor. Moving onto the flows from Japan, financial intermediary and 
machinery and auto parts m anufacturing received the most direct investment from Japan, 
accounting for 30% and 26% of its total investment in 2019, respectively.  
Page 32 , Paragraph  1.50 
Question  18 
Kindly provide the blueprint of the initiatives to boost investment and business opportunities in the 
coming years in Thailand? What are the various barriers related to Investment and Movement of 
People in Thailand?   WT/TPR/M/ 400/Add.1  
 
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 Answer  
COVID -19 pandemic causes supply and demand shocks and disrupts economies across the world. 
Although Thai land has efficiently controlled the spread, the pandemic has caused an inevitable 
impact to the economy, society, and people 's quality of life.  
Due to the COVID -19, Thailand needs to boost local investment as well as foreign investment by 
focusing more on investment facilitation such as the relaxation of specific deadline in each process 
and the utilisation of electronic system for investment appl ication process.  
Thailand has planned to invest in the markets that it has a potential to expand in a new normal 
scenario, especially in technology and innovation that adds high value to the new S -curve industries 
including robotics and automation, aviati on and logistics, bio -fuels and bio -chemicals, digital, 
integrated medical service, future automotive, smart devices, quality tourism and health tourism, 
agriculture and bio -technology, and food processing. Moreover, the government has invested to 
improve logistics and transportation system, and infrastructure, such as Laem Chabang Port, 
U-Tapao International Airport, and a high -speed rail linked to the airport, to attract foreign investors.  
A prominent barrier to foreign investors and human resources are rules and regulations. To facilitate 
inbound foreign investors, executives, experts, and startups, the Law Reform Commission of 
Thailand has launched the SMART Visa and revised the relevant rules and regulations that impede 
business operations. The governm ent also focuses on upskilling the country 's workforce, promoting 
research and development, and enhancing the digital transformation.  
Page 35 , Paragraph  2.12 
Question 19  
Kindly elaborate on the various cross border trade measures taken by Thailand.  
Answer  
The Thai Customs Department trade facilitation measures on customs formalities such as import, 
export and the transit of goods are still in place, where traders have to proceed according to customs 
law and other related regulations as usual at any customs houses. We also have utilized a new 
information technology through the Thai Customs Electronic System (e -Customs) that is used for 
customs formalities such as import, export and transit of goods and also transformed the operation 
system into a more modern customs service, which utilizes electronic payment through the Bill 
Payment system. By implementing the new electronic payment system, we ensure the reduction of 
time and costs as well as better facilitation for traders.  
Page 35 , Paragraph  2.14 
Question 20  
Please  highlight the policies taken in order to create a conducive and fair business environment for 
trade in Thailand.  
Answer  
As establishment of Trade Competition Commission Office as an independent agency is an important 
progress to create the fair business environment in Thailand. Regarding Competition Act B.E. 2560 
(2017), there are several reasons to establish the Trade Comp etition Commission as an independent 
agency. Firstly, with independence, the Commission can operate and support the trade competition 
freely without any interference and be able to execute their works effectively and efficiently. 
Moreover, it is intended t hat the Commission should have a transparent, consistent, and sufficient 
source of the budget for the supervision and administration for the trade competition. Furthermore, 
the Trade Competition Council was expected to have a brand -new administrative metho d to push 
the organisation 's administration forward with activeness and promptness. In terms of the structure 
of work, the Council should have the working process which emphasises flexibility and creates WT/TPR/M/ 400/Add.1  
 
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 spontaneous learning, so to encourage its personnel to become more active and strive for new 
knowledge that is beneficial for their jobs.  
Page 39 , Paragraph  2.24 
Question 21 
What are those imports from developing countries on which Thailand grants preferential tariff 
treatment under its GSTP?  
Answer  
Thailand grants GSTP to developing countries according to The Global System of Trade Preferences 
among Developing Countries.  
See Notification of the Ministry of Finance on website of the Customs Department at 
https://www.customs.go.th/cont_strc_simple_net_with_download.php?ini_content=usage_fta_and
_wto_01_20&ini_menu=menu_int erest_and_law_160421_01&left_menu=menu_fta_and_wto . 
Page 40 , Paragraph  2.29 
Question 22 
Could Thailand please provide more detailed information to facilitate cross -border e -commerce 
transactions?   
Answer  
The factors to facilitate cross -border e-commerce transactions include paperless -trading, 
e-Authentication & e -Signature, online consumer protection, cross -border transaction of Information 
by electronic means, online personal protection, and location of computing facilities.  
Page 52 , Paragraph  3.1.2.3  
3.1.2.3  Applied tariff  
Question 23 
What is the reason for keeping higher average MFN rate for transport equipment sector?   
Answer  
The applied tariff rates are not higher than the bound rates. Moreover, some of these tariff rates are 
reduced by Free Trade Agreement negotiations.  
Page 62 , Paragraphs  3.52-3.54 
3.1.5.2  Safeguards  
Question 24 
Can Thailand please explain the reason and time period if it has taken any transitional safeguard 
measures?   
Answer  
Thailand has never applied any transitional safeguard measures. The implementation of the 
transitional safeguard measures would be conducted in compliance with the agreements.  WT/TPR/M/ 400/Add.1  
 
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 Page 66 , Paragraphs  3.70 
3.2.4.1  Bonded warehouses  
Question 25 
Can Thailand please explain if the exemption fro m import duties and taxes for the imported goods 
to be used further as an input for exports amounts to export subsidy within the meaning of ASCM 
agreement and is it compatible with the ASCM?  
Answer  
The exemption of import and export duty for goods released from bonded warehouse is under the 
requirement of Article 126 of the Custom Act B.E.2560 (2017) which complies with the Revised 
Kyoto Convention.  
Page 85 , Paragraph  3.3.3  
3.3.3  Sanitary and phytosanitary requirements  
Question 26  
Does Thailand agr ee to the fact that all SPS measures taken by them are within the Appropriate 
level of Protection (ALOP) as per WTO Agreement on SPS?  
Answer  
According to Thailand proceeds the sanitary and phytosanitary measures based on the Agreement 
on the Application of Sanitary and Phytosanitary Measures that members have the right to take 
sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or 
health.  
Page 92 , Paragraph  3.186  
Question 27 
Does Thailand allow cross-border supply by foreign entities through local operators for government 
procurement or if any Thai entity require those supply for the purpose of government contracts?   
Answer  
Thailand does not have prohibition on cross -border supply by foreign enti ties through local operators 
as joint ventures.  
Page 99 , Paragraph  3.3.6.2.3  
3.3.6.2.3  Mergers  
Question 28 
Can Thailand explain the regulatory framework and requirements for Cross -Border mergers?  
Answer  
The Cross -Border mergers which may substantially reduce competition in a market of Thailand or 
may cause a monopoly or result in a dominant position in a market of Thailand shall be proceeded 
pursuant to the Trade Competition Act of 2017 (Sections 51 -53), as well as relevant Commission 's 
notification such as Criteria, Procedures and Conditions in requesting for the permission and the 
permission for business merging B.E. 2561, as well as Rules, Procedures and Conditions for 
Notification of Business Merging Results B.E. 2561.  WT/TPR/M/ 400/Add.1  
 
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 Nevertheless, thi s is quite difficult for the Office of Trade Competition Commission (OTCC) to enforce 
the Trade Competition Act of 2017 to this issue since it might impact the market structure and there 
might be no subsidiary companies, dealers, or agents of the companies  that engage in the 
Cross -Border mergers located in Thailand; therefore, the OTCC will consider and address this issue 
case by case in accordance with the Trade Competition Act of 2017, as well as proceed other 
mechanisms such as exchange of information an d international cooperation to support our 
competition law enforcement.  
Page 108 , Para graph  3.245  
3.3.7.6  Trademarks  
Question 29 
Does Thailand recognize the use of smell marks within the ambit of its Trademark laws and 
regulations?   
Answer  
Smell marks do not fall within the ambit of Thailand 's Trademark law.  
Page 142 , Para graph  4.121  
Question 30 
Thailand is requested to provide an overview on investment made by "insurance companies " in 
financial products.  
Answer  
Office of Insurance Commission (OIC) supervises investment activities by implementing the 
Notification of the Insurance Commission on Investment in Other Businesses of Life/Non -life 
insurance companies.   
The Notification prescribed the eligible asset classes that insurance companies could inv est, such as 
Deposit in Financial Institutions, Thai government debt instruments, Private debt instruments, Thai 
equity instruments and some complex investment assets. Moreover, the insurance companies are 
also allowed to invest in international markets in  order to manage asset allocation and diversification.  
Page 117 , Para graph  4.19 
With respect to Paragraph  4.19 (page 117) regarding Thailand 's Tariff rate quotas, it is mentioned 
that "The fill rates for garlic, dried longans, maize for feedstuff, copra, soya bean oil, palm oil, and 
raw silk were zero, while those for coconuts, rice, coconut oil, sugar and sucrose, and 
unmanufactured tobacco and tobacco leaves were less than 5%. " Thailand has explained that the 
low fill rates are on accou nt of imports from ASEAN countries and Thailand being a grower as well 
as exporter of many of these products.  
Question 31 
In this regard, India would like to understand if such fill rates will prevail even in the future for the 
products being imported from ASEAN or produced and exported by Thailand? What measures are 
being undertaken by Thailand to improve the fill rates as part of their WTO commitments?   
Answer  
In order to enhance an efficiency of quota allocation and consistence with current trade situation, 
Department of Foreign Trade, Ministry of Commerce currently has revised the regulations, 
procedures and conditions of quotas allocation for imported agricultural products.  WT/TPR/M/ 400/Add.1  
 
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 Page 115 , Paragraph  4.12 
With Reference to Para graph  4.12 ( Page 115), "Thailand has been using a number of policy tools, 
both at the border and domestically, to facilitate the development of the agricultural sector (see 
below). However, these measures may not always give the desired results. According to a World 
Bank study, subsidies for rice production may have slowed the need to transform Thai agriculture. 
While Thailand is currently the world 's second largest exporter of rice, its rice exports face higher 
production costs compared to competitors from neighbouring countries. This is compounded by 
volatile foreign exchange rates. The authorities disagree, and stated that Thailand has been 
developing new rice varieties according to the needs of the world market by dividing rice products 
into five major gr oups, namely Thai Hom Mali Rice, Thai fragrant rice, white rice (hard and soft 
textures), glutinous rice, and niche market rice (such as organic rice, and high -nutrition rice)."  
It is understood that Thailand has implemented a programme named " The Direct Payment to Cover 
Rice Production Cost Program " with an aim to reduce cost of production and support agricultural 
tools and essentials inputs for rice farmers. However, as per the World Bank Study referred in the 
above para, providing subsidies for rice pr oduction would slow down the need to transform 
Thai Agriculture.  
Question 32 
India is interested in knowing Thai Government 's view with regard to the effectiveness of the 
program in reducing the production costs faced by rice farmers. Details may also be p rovided of the 
program with supporting statistics on the cost of production before and after the implementation of 
the program with reference to relevant years - beginning of the programme and most recent 
evaluation year? How does the cost of production fai r with the domestic and export price of rice in 
recent years? Relevant statistics may be provided to support the response.   
Answer  
First of all, Thailand would like to clarify that we normally do not have "The Direct Payment to Cover 
Rice Production Cost P rogram ". We will use the support program only if there is any crisis or disaster, 
the implementation will be limited, just to cope the lost for the farmers  
To effectively reduce the production cost, Thailand has launched the Collaborative Farm Project to 
reduce the production costs for farmers throughout the supply chain. The project will encourage 
farmers to cooperate with each other to decrease cost of production per unit, increase product quality 
standard, and increase the negotiation power. The project will provide certain markets, also. In fiscal 
year 2020, Thailand evaluated major crops ' operations, and found that the production costs were 
decreased, such as, plant varieties, agricultural inputs, fertilizers, etc. Furthermore, farmers moved 
from using chemicals to biological substances, as well as, made a group to bargain cheap agricultur al 
inputs. Therefore, agricultural net income increased; for instance, income of rice increased for 
69.97  USD/Rai, income of maize increased for 50.94 USD/Rai, income of cassava increased for 
67.36  USD/Rai, income of sugar cane increased for 37.86 USD/Rai,  and income of oil palm increased 
for 53.21 USD/Rai.  
  WT/TPR/M/ 400/Add.1  
 
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 INDIA – ADDITIONAL QUESTIONS  
Paragraph 4.152 of the Secretariat Report states:  
In order to embrace the country 's transition toward a digital economy, in 2019, Thailand passed 
several new laws and amend ed existing ones, to foster a supportive environment. The 
Cybersecurity Act  established new authorities responsible for cracking down on cybercrimes and 
protecting the national critical information infrastructure; the Personal Data Protection Act  
provides rules and mechanisms for personal data protection. In addition, the Electronic 
Transaction Act  was amended twice to respond to the latest technology developments.  
Question 1  
i. In furtherance of Thailand 's transition to digital economy, are there any other laws and regulations 
that have been or are likely to be adopted by Thailand?  
Answer  
Laws that are already in force:  
- Re-organization of Ministry, Bureau and Department Act, B.E. 2559 (2016) - 
Establishing Ministry of Digital Economy and Society  
- Digital Economy and Society Development Act B.E. 2560 (2017)  
- Computer Crime Act (Amendment) B.E. 2560 (2017)  
- Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and 
Telecommuni cations Service (Amendment) B.E. 2560 (2017) and B.E. 2562 (2019)  
- Electronic Transactions Development Agency Act B.E 2562 (2019)  
- Electronic Transactions Act (Amendment) B.E. 2562 (2019)  
- National Council for Digital Economy and Society Act B.E.2562 (2019)  
- Cybersecurity Act B.E. 2562 (2019)  
- Personal Data Protection Act B.E. 2562 (2019)  
- Electronic Transactions Act (4th version) Digital ID B.E. 2562 (2019) . 
For the next step, Thailand plans to issue the Subordinate Legislation under the Cybersecurity Act 
and Pe rsonal Data Protection Act.  
Question  
ii. Could Thailand please explain and elaborate specific provisions related to the following in its laws, 
regulations or policies related to digital economy:  
a) Cross border transfer of  personal/ non -personal data   
b) Localization of data (except telecom sector where there is no requirement of data 
localisation as per the report)  
c) Data sharing obligations and provisions, if any, with regard to SME/startups  
d) Sharing of source code of digital technologies with public author ities 
e) Data adequacy arrangements with other countries  WT/TPR/M/ 400/Add.1  
 
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 f) Measures to address anti -competitive behaviour due to network effect of digital 
monopolies  
g) Regulations of social media applications.  
Answer  
Legal Frameworks related to the requested topics include : 
- Electronic Transaction Act  
- Personal Data Protection Act  
- Cybersecurity Act  
- Computer Crime Act . 
Paragraph  3.120 of the Government Report states:  
To date, ASEAN has concluded the seven following Mutual Recognition Arrangements (MRAs) aiming 
to facilitate mobility of professionals/skilled labour in ASEAN through recognition of their 
qualifications namely:(1)MRA on Medical Practitioners,(2)MRA on Nursing Services,(3)MRA on 
Dental Practitioners (4)MRA on Architectural Services (5)MRA on Engineering  Services (6)MRA on 
Accountancy Services, and (7)Framework Arrangements for the Mutual Recognition of Surveying 
Qualifications. ASEAN is also undergoing the implementation process for the MRA on Tourism 
Professionals which aims to facilitate mobility of to urism professionals within ASEAN, and at the 
same time, improve the quality of services delivered by tourism profession.  
Question 2  
Is Thailand also engaged in/envisages negotiations of similar arrangements with other FTA partners 
bilaterally? May provide details on the same.  
Answer  
Currently, Thailand has no additional commitment on MRAs on professional services beyond those 
listed in Para 3.120.  
Paragraph  3.3.1.2  of Secretariat Report on Tax and non -tax incentives   
Question 3  
Could Thailand elaborate on the types and quantum of subsidies/incentives/tax breaks provided to 
service providers in Thailand under different Government programmes for all modes of supply? How 
much of these subsidies/incentives were provided to services exporters of Tha iland in 2019?   
Answer  
Under Thailand Board of Investment 's scheme, incentives will be granted to activities only in Mode  3 
of service supply (Commercial presence) vary. For more details, please visit our website at 
www.boi.go.th . 
Paragraph  1.46 of the Secretariat Report  states:  
Thailand posted a surplus in the trade in services balance th roughout the review period, reflecting 
mainly the strong performance of tourism -related services but also the country 's over -reliance on 
the tourism industry. In 2019, travel and passenger transportation accounted for 79.4% of total 
services exports. The s econd -largest contributor, with 14.2% of export receipts, was the item "Other 
business services"48. Regarding imports, transportation services (mostly freight) had the highest 
share (32.2%), followed by "Other business services" and travel (mainly personal  travel). The share WT/TPR/M/ 400/Add.1  
 
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 of services in Thailand 's external trade increased over the last ten years: in 2019, services accounted 
for 25.2% of the country 's total exports (goods and services) . 
Question  4 
Could Thailand elaborate on the mechanism of preparing, sectoral and modal coverage of its data 
on international trade in services? How frequently is it released in the public domain?   
Answer  
Thailand 's services trade statistics are compiled on a monthly basis, covering 12 standard services 
categories as stated in the IMF 's sixth edition of the Balance of Payments and International 
Investment Position Manual (BPM6). Data from different sources (FX transaction reported by banks, 
surveys, and estimation models) are integrated to ensure comprehensive coverage, especially for 
components most relevant to the Thai economy. As data are collected and derived primarily to serve 
the balance of payments (BOP) compilation, produced statistics on services trade are therefore not 
classified in accor dance with WTO 's "mode of supply " or with "sectoral breakdown ". 
Services trade statistics are disseminated on the BOT 's website as part of the BOP table on a monthly 
basis (as an aggregated amount of services, primary income, and secondary income), and on a 
quarterly basis (with breakdown into standard services categories).  
(https://www.bot.or.th/English/Statistics/EconomicAndFinancial/Pages/Sta tBalanceof 
Payments.aspx ) 
Paragraph  3.80 of the Secretariat Report  states:  
With the aim of promoting Thai products and services that meet international quality standards, the 
DITP has implemented the Thai Select and the Thailand Trust Mark (T -Mark) program mes. Thai 
Select is a seal of DITP approval, recognizing high -quality standards; it is granted to Thai restaurants 
overseas and processed Thai food products. The T -Mark is intended to be a symbol of excellence 
and trusted quality; it was created to add a d istinctive value to the Thai products and services that 
are made in Thailand. Thai entrepreneurs have received the T -Mark recognition in six industry 
groups: food and agriculture industry, industrial products, lifestyle industry, fashion, other industries 
(medical equipment, pharmaceutical products, cosmetics and spa products), and service businesses 
(wellness and medical services, trade logistics, and animation and digital content).  
Question  5 
Thailand may provide the details of regulations to mandate quality of delivery of health services to 
foreign travellers.  
Answer  
1. Health Business Establishment Act B.E. 2559 (2016):  
 https://www.krisdika.go.th/data//document/ext851/851957_0001.pdf.  
2. Medical Facilities Act B.E. 2541 (1998):  
 https://ww w.krisdika.go.th/data//document/ext809/809996_0001.pdf.  
3. National Health Security Act B.E. 2545 (2002):  
 http://eng.nhso.go.th/assets/portals/1/files/NHS%20ACT_book_revised%20Apr5.pdf.  
Table 3.27  of the Secretariat  Report provides a list of goods and services under price control as on 
March 2020 which also includes treatment services, medical services and other services of medical 
institutions relating to treatments.   WT/TPR/M/ 400/Add.1  
 
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 Question 6  
Thailand may provide details of the re gulations related to price controls for this sector specifically, 
including delivery of medical and wellness services to foreign travellers.  
Answer  
At present, goods and services under the "Controlled Goods and Services " list under the Prices of 
Goods and Services Act B.E. 2542 (1999) are regulated by notifications of the Central Committee 
on Prices of Goods and Services (CCP).  They include key measures, for example, price control (only 
on surgical masks), monthly notific ations of prices and quantities, notifications of different 
information such as costs, prices, details of goods, price adjustments, and warehouse details. For 
more information of different measures/notifications, please visit 
https://law.dit.go.th/SearchRe sultUI.aspx?DocID=2370.  
As for the measures being imposed on medicines, there are requirement for private hospitals, 
manufacturers, importers, and distributors to notify prices of medicines to the Department of 
Internal Trade (DIT) in order to publish the selling prices of each private hospital through the DIT 's 
website. Private hospitals are also required to show a QR code at any clearly visible areas in order 
for patients to easily access the pricing information. Moreover, they are required to  notify 
adjustments of the prices of medicines, medical supplies for medical treatments and medical services 
to DIT 15 days in advance of the adjustment.  
Question 7  
Thailand has emerged as a major player in medical value and wellness travel in the region.  
Could Thailand elaborate on the measures/support for grievance redressal related to healthcare 
sector, especially for health and wellness services to foreign travellers.   
Answer  
1) Visa exemption for patients  
Thailand allows 90 -Day Stay on Medical Ground with 4 followers for 11 countries: the member 
countries of GCC (Saudi Arabia, Kuwait, Oman, United Arab Emirates, Qatar and Bahrain) and CLMV 
(Cambodia, Laos, Myanmar and Vietnam), together with China. Currently, the United States and 
Japan are bein g considered the countries allowed for visa exemption for patients who receive medical 
treatment in Thailand, as well as other highly potential countries.  
2) The extension of the Long Stay Visa for elderly (10 Years ) 
Currently, South Korea, Belgium, Austri a and New Zealand are being considered the countries 
allowed to obtain the extension of the Long Stay Visa for elderly (10 Years). Originally, there are 
14 member countries: Denmark, Norway, Netherlands, Sweden, England, France, Finland, Italy, 
Germany, Sw itzerland, Australia, the United States, Japan and Canada.  
3) The extension of the Long Stay Visa for elderly (1 Year ) 
The extension of the Long Stay Visa for elderly (1 Year) must include health insurance.  
Paragraph  2.8 of the Secretariat Report  inter ali a states:  
Thailand 4.0 is the Government 's key development policy underpinning the National Strategy. Its 
aim is to transform Thailand into a value -added, innovative and knowledge -based economy. 
Thailand  4.0 is based on the following core elements: advancing technology and innovation to 
increase productivity of already high -performing industries; developing new technology -based 
industries with great growth potential; enhancing Thailand 's position as a regional hub by upgrading 
its physical infrastructure (ports, road and rail links, and airports); and promoting the digital 
competitiveness of Thai SMEs. Ten industries have been targeted under Thailand 4.0: the first five 
(called S -curves) are existing industries: next -generation automotive; s mart electronics; medical WT/TPR/M/ 400/Add.1  
 
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 and wellness tourism ; agriculture and biotechnology; and "food for the future". The other 
five (new S -Curve) industries are: robotics; aviation and logistics; biofuels and biochemicals; 
digital; and medical hub . In order to attrac t investment to these targeted industries, the 
Government implements various incentives measures (Section 3.3.1).  
Question  8 
Could Thailand elaborate on the regulations related to telemedicine and tele -education in force? Are 
foreign service providers all owed to provide telemedicine and tele -education services as per the 
current autonomous regime?   
Answer  
Thailand has no restriction for providing services through Mode of telemedicine and tele -education 
services. However, a service provider for aforementioned sectors shall be subject to related laws 
and regulations. For example, in case of the medical advice  services, a service provider shall obtain 
a healing arts of practitioner licence from the Medical Council of Thailand.  
Please refer to the Announcement of the Medical Council of Thailand No. 54/2020 On Telemedicine 
Practice Guidelines (Telemedicine) and Online Clinic published in the Royal Gazette on 21 July 2020.  
(http://www.ratchakitcha.soc.go.th/DATA/PDF/2563/E/166/T_0052.PDF ) There is no specific 
reference to foreign service provider.  
In addition, the Department of Health Service Support, Ministry of Public Health is also drafting new 
guidelines to regulate priva te healthcare service providers. It is not yet available to the public.  
Audio –visual services  
Question  9 
Could Thailand elaborate on regulations related to supply of audio -visual services by foreign service 
providers, including for services like audio -visual post -production services (CPC  Ver.2  9613) and 
sound recording services (CPC Ver.2 9611) across all modes of supply ? Are the restrictions on foreign 
service providers different from those related to domestic service providers? Is there some 
preferential treatment given to local content?   
Answer  
Thailand has not undertaken market access commitments on audio -visual post -production services 
and sound recording in WTO. The service provider shall be subject to related laws and regulations 
such a : 
- National Film and Video Board Notification on the Request for the Permission for Foreign 
Film Production in Thailand on rules, regulations, and measures about asking for 
permission and permission to producing the foreign film in Thailand B.E. 2552 (2009)  
- Film and Video Act, B.E. 2551 (2008)  
- Foreign Business Act, B.E. 2542 (1999)  
- Broadcasting and Television Business Act, B.E. 2551 (2008)  
- The Regulations of National Parks, Wildlife and Plant Conservation Department on 
permission to producing the foreign film in National Parks B.E. 2552 . 
A foreign film producer who intends to film production in Thailand shall submit the permission to the 
Department of Tourism, Ministry of Tourism and Sports which oversees the Film and Video Act, 
B.E. 2551 (2008).  WT/TPR/M/ 400/Add.1  
 
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 Thailand has no r estriction for foreign service provider to provide post -production service and sound 
recording service, but this service provider shall be subject to criteria and qualifications according 
to related Thai laws and regulations.  
  WT/TPR/M/ 400/Add.1  
 
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 INDONESIA  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Paragraph  22, Page 11  
The financial sector remained sound and stable during the review period, despite challenging 
external and internal conditions. The authorities continued to improve the regulatory and supervisory 
frameworks to enhance financial stability. Measures were also  taken to modernize the sector (such 
as the adoption of regulations to enable the use of digital technologies and support a more inclusive 
FinTech system) and to allow greater foreign participation in financial institutions.  
Question  
How does Thailand Gov ernment regulate the infant startup company in the FinTech industry?  
Answer  
Ministry of Finance (MOF) in cooperation with the Bank of Thailand (BOT), the Securities and 
Exchange Commission (SEC), and the Office of Insurance Commission (OIC) have been consistently 
advancing Thailand 's financial technology (Fintech) towards the goals in efficiency, security, and 
safety. The activities / services to be provided by FinTech companies will determine whose regulatory 
regime will apply. For example, FinTech fi rms that pursue e -payment or P2P lending activities could 
be subjected to BOT 's purview, while firms seeking to offer capital market - or digital asset -related 
products / services could be under SEC 's oversight. The three  regulators coordinate closely both at 
policy and working levels to create an enabling environment for useful innovations, keeping in mind 
that this is an ongoing effort, particularly in fine -tuning regulatory regimes and building supervisory 
capacity. All three  regulators have launched regu latory sandbox initiatives to allow players to 
experiment with new products / services.  
Question  
Is there any specific competition policy that has been set out by the government to regulate the 
competition between conventional bank and Fintech?  
Answer  
The government has not set out any specific competition policy to regulate the competition between 
conventional banks and Fintech providers. However, the financial sector is covered under the Trade 
Competition Act B.E. 2560 (2017). For Thailand, in many cases  incumbents and FinTechs are actually 
working together, instead of competing.  
Paragraph  3.139 , Page 82  
Standards and other technical requirements are regulated under the National Standardization Act 
B.E. 2551 (2008), and the Industrial Products Standards A ct B.E. 2511 (1968) and its amendment 
(No. 8) B.E. 2562 (2019). Amendments made by the Industrial Products Standards Act (No. 8) 
B.E. 2562 (2019) include:  
• mandatory standards are enforced by a ministerial regulation, not by a royal decree .  
Questions  
What is the difference between ministerial regulation and royal decree in terms of its degree of 
authority and the reason of this amendment?  
To what extend this amendment affects the implementation of standard and other technical 
requirements in Thailand, especially in relation with imported products?  WT/TPR/M/ 400/Add.1  
 
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 Answer s 
Royal Decree is enacted as law and signed by the King with the advice of the Cabinet, while 
Ministerial Regulation is enacted by the Ministers with the approval of the Cabinet. Mandatory 
standards being enforced by ministerial regulations instead of Royal Decrees is the result of the 
amendment to the Industrial Product Standards Act B.E. 2511 (1968). The purpose of this 
amendment is to simplify the process of standards development. Therefore, it does not affect the 
implementation of standards and other technical requirements in Thailand. The imported products 
are required to obtain a licence whether prescribed by the royal decrees or ministerial regulations.  
Paragraph  3.16, Page 51  
Thailand does not have legislation on non -preferential rules of origin, and notified this to the WTO 
under Article 5 of the Agreement on Rules of Origin.  
Question  
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?  
Question  
Paragraph  3.33, Page 56  
Thailand provides tariff - and quota -free access to practically all goods originating in ASEAN partners 
under the ASEAN Trade in Goods Agreement (ATIGA). In a ddition, Thailand applies preferential 
tariffs under the trade agreements signed by ASEAN with Australia ; China ; India; Japan ; 
New Zealand ; the Republic of Korea ; and Hong Kong, China ; and under its own bilateral trade 
agreements with Australia, Chile, Ind ia, Japan, New Zealand, and Peru. Furthermore, Thailand 
provides duty -free and quota -free market access for imports from LDCs (Table 3.5).  
Could Thailand submit detail information on the implementation and utilization tariff - and quota -free 
access under th e ASEAN Trade in Goods Agreement (ATIGA)?  
Answer  
Under ATIGA, Thailand has already eliminated duties on all products and has provided quota -free 
access to all goods originating in ASEAN partners except the sensitive list, which are 15 tariff lines 
(8 digits) covering coffee beans, potatoes, copra, and cu t flower plants. For information of the FTA 
utilization, please visit http://www.dft.go.th . 
Question  
Is there any member that has trade agreement with Thailand still subjected to import duties? If the 
answer is positive , could Thailand explain the reasons?  
Answer  
Thailand currently has implemented 13 of Free Trade Agreements with ASEAN ; Australia ; 
New Zealand ; China ; Japan ; Republic of Korea ; India; Hong Kong, China; Peru; and Chile. There 
are some sensitive list remain in those FTAs.  
Question s 
From the Secretariat Report, Indonesia notes that there is no restriction for importers instant coffee. 
Indonesia seeks clarification if there is a requirement to issue import license for ready -to-drink 
instant coffee (i.e. recomme ndation from relevant authorities). Please elaborate more on the 
rationale behind the requirement.  WT/TPR/M/ 400/Add.1  
 
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 Please also clarify should there is any specific period of time in which agricultural products (i.e. 
Coconuts) are allowed/prohibited to be imported into Tha iland.  
Answer s 
Please visit http://www.dft.go.th  for more information.  
Paragraph  3.55, Page 62  
Thailand reserved its right to take special safeguard (SSG) action on 55 HS02 eight -digit agricultural 
items, including milk, potatoes, onions, garlic, coconuts, coffee, tea, pepper, maize, rice, copra, 
soya-bean oil, crude palm/coconut oil, sugar, non -alcoholic beverages, tobacco, and raw silk. During 
the review period, Thailand notified to the WTO that it did no t invoke the SSG provisions under 
Article 5 of the WTO Agreement on Agriculture.  
Question  
Is there any special safeguard provisions invoked after the review period (July until now)? Please 
provide an update and if so, please provide detail information on the basis for the imposition of SSG.  
Answer  
Thailand invokes special safeguard (SSG) on coconut (HS code 0801.12.00 0801.19.10 and 
0801.19.90) between 25 -31 December 2020 and already submitted MA 5 notification to the WTO 
Secretariat.  
Paragraph 3.39, Page 57  
The Investment Promotion Act allows the Board of Investment (BOI) to request the MoC to ban 
imports of goods competing with those produced by a domestic industry, with a view to assisting 
the industry. The authorities stated that the BOI has not made any such request.   
Question  
Please explain this matter in detail.  
Answer  
Under the Investment Promotion Act (1977), BOI has no direct authority to impose import restriction 
on any products. The measure is under the consideration of the Ministry of Commerce under the 
requirement of the Export and Import of Goods Act, B.E. 2522 ( 1979).  
Paragraph  3.144 , Page 83  
The main categories of products that are subject to compulsory standards are as follows: civil and 
construction materials; consumer products; electrical/electronic engineering; fluid engineering; 
food; heat transfer engineer ing; medical, science; paints, colours, and varnishes; mechanical 
engineering and vehicles; and chemicals. Products subject to compulsory standards must comply 
with the standard and show the mandatory certification mark. (…)  
Question  
Could you please provi de detail information on the scheme of mandatory certification mark, 
especially for the food?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
To comply with the strategy and policy of Ministry of Industry, the Thai Industrial Standards Institute 
(TISI) develops national standards concerning the p rocessed agricultural products and processed 
food products only.  
Paragraph  4.193 , Page 154  
A cargo reservation policy remains in place, requiring that goods directly or indirectly imported into 
Thailand by government agencies or public enterprises must be transported by Thai -flagged vessels 
on designated shipping routes, where such vessels are available.  
Question  
Could you please clarify the mandatory requirements for imported goods transported by Thai -flagged 
vessels?  
Answer  
According t o the criteria of Thailand 's cargo reservation measure, government authorities, 
government agencies or public enterprises or their contract parties which intend to import goods to 
Thailand (including transshipment) on nine designated mandatory shipping rou tes, namely, from 
(1) Japan (2) Republic of Korea (3) Chinese Taipei  (4) Hong Kong , China  (5) Singapore (6) Europe 
(Norway, Sweden, Finland, Denmark, United Kingdom, Ireland, Germany, Netherlands, Belgium, 
France, Spain, Portugal and Italy), (7) United Sta tes (8) China, and (9) Malaysia to Thailand are 
required to engage Thai -flag vessels for such transportation. As shipping routes other than those 
nine designated routes are not mandatory, any vessels flying Thai or non -Thai flag can be engaged 
to carry the  imported goods.  
Thai-flag vessels in this context include vessels registered with the Marine Department of Thailand 
to fly Thai flag and foreign vessels chartered by Thai shipowners or operators which receive the 
same rights and privileges as Thai -flag ve ssels.  
If a government authority/agency or its contract party decides to engage service provided by a 
Tha-flag vessel or a chartered foreign vessel receiving the same rights and privileges as Thai -flag 
vessels, the government authority/agency or the contr act party is required to notify the Marine 
Department for the use of such service at least one day before imported goods are loaded.  
In addition, when such vessel arrives at a Thai port, the responsible government authority/agency 
or its contract party is also required to notify its arrival to the Marine Department within seven  days.  
If neither Thai -flag vessels nor chartered foreign v essels are available for services, the government 
authority/agency or its contract party is required to seek permission to engage services provided by 
non Thai -flag vessels from the Marine Department no less than 10 days before imported goods are 
loaded. A fter receiving such request, the Marine Department will contact Thai shipowners/operators 
to see whether any Thai -flag vessel or chartered foreign vessel is available to transport imported 
goods to Thailand. If the Department receives a reply from a Thai s hipowner/operator that he has a 
Thai ship available to provide service, the Department will not grant permission to the requested 
government authority/agency or its contract party and insist that the requested government 
authority/agency or its contract pa rty must engage the service provided by the reply 
shipowner/operator. On the other hand, if the Department receives no reply from Thai 
shipowners/operators, it will grant permission to the requested government authority/agency or its 
contract party for the  use of non Thai -flag vessel to transport imported goods to Thailand.  
When the non Thai -flag vessel arrives at a port in Thailand, the government authority/agency or its 
contract party must notify the Marine Department of such arrival. If any government 
authority/agency or its contract party does not use the service of Thai -flag vessel or chartered 
foreign vessel or does not seek permission to use non Thai -flag vessel from the Marine Department, 
such government authority/agency or its contract party is req uired to pay a special fine to the Marine 
Department.  WT/TPR/M/ 400/Add.1  
 
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 Question  
Secretariat Report states that shrimp and prawn production have the highest share in Thailand 's 
aquaculture production. Is there a ban or cancellation of import permits if domestic production meets 
the demand?  
Answer  
Currently, the Ministry of Commerce does not have any regulation of ban or cancellation of import 
permits. However, before issuing any import measure, government agency also considers reasons, 
necessary and the compatibi lity of WTO rules.  
GENERAL QUESTIONS  
Question  
Could Thailand explain the procedures and requirements on doing construction business in Thailand?  
Answer  
Construction, except for (i) that of infrastructure for delivery of public services in the sphere of pub lic 
utilities or transportation, requiring the use of special machinery, technology or expertise and having 
a minimum foreign capital of THB 500 million; and (ii) other types of construction as prescribed by 
ministerial regulations, falls into List 3 of th e Foreign Business Act B.E. 2542 (1999). No foreign 
equity limits. Approval required from the Foreign Business Committee, and licence granted by the 
Director -General of the Department of Business Development. Hence, foreigners who operate 
businesses under List 3 must obtain foreign business license (FBL) under FBA and sector -specific 
license under sectorial regulation (if any).  
Question  
How many construction workers that are needed by Thailand for the next five years?  
Answer  
Currently, Thailand is working on the projection of the labour demand for 2022 -2026. However, 
according to the labour demand study for 2017 -2021, the demand for construction labour in 2020 
and 2021 are 0.67 and 0.7 million respectively.  
Question  
How many skilled and certified construction workers in Thailand? Please provide data both domestic 
and foreign workers.  
Answer  
In 2020, there were 2,160,338 construction workers in Thailand which 1,257,266 were formal and 
903,072 were informal. (Source: http://statbbi.nso.go.t h/analytics/saw.dll?Dashboard)  
Question  
How many construction service companies in Thailand?  
Answer  
There are about 46,259 establishments in Thailand. (Source: The information from The 2017 
Industrial Census: basic information.)  
 
  WT/TPR/M/ 400/Add.1  
 
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 ISRAEL  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2  Regional and preferential agreements  
2.3.2.1  Overview  
2.21, 2.23  
"As a member of the Association of South East Asian Nations (ASEAN)20, Thailand is a party to the 
ASEAN Economic Community (see below), and a signatory to ASEAN 's RTAs with third countries 
(Australia and New Zealand; China; India; Japan; Republic of Korea; and Hong Kong, China).  
Bilaterally, Thailand has trade agreements in force with Australia, Chile, Japan, India, New Zealand, 
and Peru. In total, Thailand currently has 13 RTAs in force.  
Negotiations on RTAs between Thailand and the European Union, and between Thailand and the 
European Free Trade Area (EFTA), respectively, have been put on hold since 2014. However, the 
current Government, elected in June 2019, has launched an internal procedure on the possibility of 
resuming negotiations with the European Union and EFTA in the nea r future… On a bilateral level, 
Thailand continues trade negotiations with Pakistan, Sri Lanka and Turkey. "  
Question 1  
Israel would appreciate if Thailand could elaborate on its decision making process for launching FTA 
Negotiations: What are the criteria ? What is the internal process needed in order to start 
negotiations?  How are the partners and focus areas for FTAs prioritized?  
Answer  
Thailand 's priorities for FTA negotiations are:    
1) To enhance opportunities on trade and economic  
2) To protect and preserve  country 's trade and investment interests . 
Therefore, Thailand consider negotiating FTAs with countries who have potential trade growth with 
Thailand in recent years.  
The negotiating processes are as follows.  
1) Pre-negotiations  
(1) Undertake studies and public hearing  
(2) Solicit views from industries and  stakeholders  
(3) Submit the negotiations framework and position to the Cabinet for approval  
(4) Cabinet approves  WT/TPR/M/ 400/Add.1  
 
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 2) Negotiations  
(1) Rounds of negotiations  
(2) Conclusion and legal scrubbing  
(3) Signing an Agreement  
3) Pre-ratification  
(1) Article 178 of the 2017 Constitution requires a Parliamentary approval within 
60 days 
(2) Publish the Agreement in the Royal Gazette  
4) After the Agreement enters into force  
Parliament approves  
• Ratification  
• Monitoring, reviewing, and remedies  
Parliament disapproves  
• Dismissal/Amendment . 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.2  Tariffs  
3.1.2.1  Tariff structure  
3.19 
"Thailand 's 2020 Tariff Schedule applies the ASEAN Harmonized Tariff Nomenclature (AHTN) 
consisting of 10,813 tariff lines (9,558 in 2015) at the HS eight -digit level, in the HS17 nomenclature. 
Of all tariffs, 92% are applied on an ad valorem basis. Among all the ad valorem duties, the applied 
MFN tariff rates vary between duty -free and 226%. Domestic tariff peaks affect 7.1% of all tariff 
lines, while international tariff peaks affect 26.8% of them. Overall standard deviation was 23.7% 
in 2020, the same as in 2014."  
Question 2  
It would be appreciated if Thailand could elaborate whether it has any planned tariff reduction 
initiatives for the near future. If so, which sectors or products are planned to be included in such 
initiatives?  
Answer  
Thailand revises its tariff structure on a regular basis and the tariff rates have been reduced 
according to the country 's economic situation. Should there be any circumstances such as changes 
in economics, trade or investment which make tariff reductions deem appropriate or n ecessary, the 
tariff structure will be revised accordingly.  WT/TPR/M/ 400/Add.1  
 
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 3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.4  Import prohibitions, restrictions, and licensing  
3.1.4.2  Import licensing  
Table 3.8  Products subject to  other import requirements, 2020  
Products  HS code (2017)  Rationale  Measures  
3D printing machines, 
rapid prototyping 
machines, and additive 
manufacturing machines  8477.10.39, 8479.89.39  To prohibit the illegal use 
of products  - Importers must be 
registered with the DFT 
as importers of 3D 
printing machines, and 
must notify the 
importation to the DFT, 
and report the import, 
possession, disposal and 
balance of these products 
to the DFT twic e a year 
(end-June and end -
December); and - 
Importers must notify 
Customs of importation  
Question 3 
Israel would appreciate if Thailand could elaborate more on the rationale behind the restrictions and 
requirement to issue an import license for 3D printe rs, i.e. what are Thailand 's main concerns 
regarding possible use of 3D printers? What information is being examined regarding the importers 
record before granting an import license?  In addition, it would be appreciated if Thailand could 
provide past stati stics regarding these licenses, for example how many import licenses for 
3D printers were issues during the past two  years.  
Answer  
To supervise, monitor and trace 3D Printing machines not to misuse and illegal use which will cause 
safety and national security problems. The importation of 3D Printing Machines require importers to 
notify the information before import. There is no requirement for import license. Number of Import 
notification confirm ed by DFT; (1) year 2018 = 678 cases (2) year 20 19 = 629 cases.  
  WT/TPR/M/ 400/Add.1  
 
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 JAPAN  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.1 National Policies towards Structural Reform  
3.1.2  Trade and business facilitation  
Question 1  
Paragraph 3.16, Page  8 
Japan would like to request Thailand to provide with the details regarding the Department of 
Business Development 's several activities in order to deregulate business for foreign investors such 
as (1) e -Registration system, (4) Minis terial regulations.  
Answer  
DBD's e-Registration system and other online system are developed on the basis of service that aim 
to facilitate all of users. Foreign investors can use the e -Registration in order to incorporate their 
business entity (either pa rtnership or company limited) and other matters regarding business 
registration.  
Since 2013 The Ministry of Commerce has issued 4 Ministerial Regulation Prescribing Service 
Business Not Subject to Application for Foreign Business Permission (40 business ca tegories) as 
follows.  
• Securities business under the law on securities and securities exchange,  
• Insurance business under the law on insurance,  
• Financial institution business  
• Representative office/regional office . 
3.2 Sectoral Policies  
3.2.1  Tariffs and customs procedures  
Paragraph 3.25, Page  10 
Question 2  
According to some surveys targeting foreign companies, there are requests for improvement in tariff 
and customs clearance operations. Japan would like to request Thailand to provide the info rmation 
of the actual operation or implementation.  
Answer  
The Thai Customs Department has Customs Notification No. 174/B .E. 2560 (2017) specifying the 
principles and progress of customs inspection during customs clearance process, in accordance with 
Customs Act BE. 2560 (2017), Section 158 -159. 
Section 158 - A customs officer shall have a power to inspect goods being passed through a customs 
formality or under a supervision of the customs, as well as to take a sample of goods for analysis, 
value asses sment or other purposes for benefits of the government as necessary without paying a 
compensation. The samples shall be taken in a manner that causes the least possible loss or burden 
to an owner of the goods, and the remaining of sample shall be promptly returned to the owner.  WT/TPR/M/ 400/Add.1  
 
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 Section 159 - An exercise of the powers by the customs officer entrusted by the Director -General 
under Section 157 or by the customs officer under Section 158 shall be in accordance with the rules, 
procedures and conditions specified by the Director -General.  
The customs officer shall have a power to enter into a place of business to examine or request for 
an account, a document, an evidence and any other information related to goods being passed or 
have been passed through cu stoms formalities within a period of time not exceeding five years from 
the date of an importation of goods into, an exportation of goods out of or a transit of goods through 
the Kingdom.  
3.3 Regional Trade Arrangements and Economic Cooperation Sectoral Po licies  
3.3.1  FTAs  
Paragraph 3.98, Page  23 
Question 3  
Japan would like to request the Thai government to provide with the answer to the following 
question: What is the current position of the Thai government regarding its accession to the 
TPP11  Agreement, a nd what are the possible ways for Thai government to mitigate domestic barriers 
against Thailand 's accession to the TPP11 Agreement?  
Answer  
Recently, the special committee created by the parliament has already concluded the CPTPP study 
and it is expected to submit the study to the Cabinet for consideration within November 2020.  
According to the results, there were supporting groups who see benefits from CPTPP and concerning 
groups that still have concerns in joining the CPTPP. However, Thailand st ill needs to create more 
awareness and understanding and need a period of time to revise the domestic regulations to be in 
line with CPTPP.  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT  - WT/TPR/S/400  
1 ECONOMIC ENVIRONMENT  
1.1 Main Features of the Eco nomy  
Paragraph 1.3, Page  13 
Question 4  
How is Thailand planning to overcome domestic structural constraints in its economy, particularly 
low levels of public and private investment?  
Answer  
The 12th National Economic and Social Development Plan aims to increase the national 's research 
and development as a key to enhance an economic structure through the advance innovation. 
Moreover, the plan also highlights an investment in key infrastructure and log istics system in order 
to stimulate domestic investment and encourage regional integration.  WT/TPR/M/ 400/Add.1  
 
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 3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.4  Import prohibitions, restrictions, and licensing  
3.1.4.1  Import prohibitions  / 3.1.4.2 Import licensing  
Paragraph 3.40, Page  57 & Paragraph 3.45, Page  59 
Question 5  
Please provide the following information regarding:  
i) import prohibition on "Logs and sawn wood from teak trees, rubber trees or forbidden trees 
from the borders of the Tak and Kanchanaburi provinces " (Table 3.6 page 57), and,  
ii) import requirement on "Logs, wood and all wooden products (imported into Thailand along 
the Thai -Myanmar and Thai -Cambodia borders) " (Table 3.8, page 59) . 
a) Details of these mea sures, such as : 
1) when these measures were introduced,  
2) detailed specification of tree species and product categories covered by these measures,  
3) whether or not the exact locations of logging are linked with these measures, and how they 
are specified  if so, 
4) national (or regional/local) authorities responsible for the administration of these measures,  
5) procedures and necessary documentations in applying for import permission under such 
measures,  
6) penalties in case of violation (e.g. penalties for violation of import prohibition, forgery of 
necessary documentations such as certificates of origin or evidences of approval for export, 
and other offense against these regulations) . 
b) situation of import of illegal timber  before these measu res were introduced (e.g. the volume of 
illegally imported timber),  
c) outcome and effectiveness of these measures (e.g. how the volume of illegally imported timber 
decreased),  
d) compatibility with WTO rules of import prohibition (Understanding the nece ssity to deal with illegal 
logging, Japan would appreciate if Thailand would share the legal rationale behind the measures in 
terms of compatibility with WTO rules) . 
Answer  
a) Details of the measures:  
1) when these measures were introduced  
Answer: The mea sures of (i) was introduced in B.E. 2548 (2005) whereas the measures of 
(ii) was introduced in B.E. 2535 (1992)  
 2) detailed specification of tree species and product categories covered by these measures  WT/TPR/M/ 400/Add.1  
 
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 Answer: The  measures of (i) cover timber, timber pro duct that made by teak, dipterocarp and 
restricted species (157 species). Whereas the measures of (ii) cover all tree species of log, 
wood and all wooden products.  
3) whether or not the exact locations of logging are linked with these measures, and how they 
are specified if so  
 Answer: The  exact location is not needed.  
4) national (or regional/local) authorities responsible for the administration of these measures  
Answer: There  are 6 government agencies responsible for the administration of the measures , 
namely (1) Ministry of Interior (2) Royal Thai Police (3) Ministry of Defense (4) Ministry of 
Commerce (5) Ministry of Natural Resources and Environment and (6) Customs Department, 
Ministry of Finance.  
5) procedures and necessary documentations in apply ing for import permission under such 
measures  
Answer: The  documentation for importation (ii) is C/O or evidence of approval to export from 
the exporting country.  
6) penalties in case of violation (e.g. penalties for violation of import prohibition, forger y of 
necessary documentations such as certificates of origin or evidences of approval for export, 
and other offense against these regulations)  
Answer: Penalties  depend on type of violation and the related law and regulation. The penalty 
of violation under the Ministry of Commerce regulation is indicated in Section 20 and 22 of the 
Export and Import Act B.E. 2522 (1979).  
b) situation of import of illegal timber before these measures were introduced (e.g. the volume of 
illegally imported timber)  
Answer: No case was found.  
c) outcome and effectiveness of these measures (e.g. how the volume of illegally imported timber 
decreased)  
Answer: No data because no case was found.  
d) compatibility with WTO rules of import prohibition (Understanding the neces sity to deal with illegal 
logging, Japan would appreciate if Thailand would share the legal rationale behind the measures in 
terms of compatibility with WTO rules) . 
Answer:  
- Article XX (General Exceptions) (g) for the reason of conservation of exhaustibl e natural 
resources.  WT/TPR/M/ 400/Add.1  
 
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 3.3 Measures Affecting Production and Trade  
3.3.7  Intellectual property rights (IPRs)  
3.3.7.3  Structure and use of the IP system  
Paragraph 3.232, Page  106 
Question 6  
According to Report by the Secretariat, Thailand continues to experience a surge in applications for 
utility models which are not with substantive examination. In such a situation, it is concerning that 
number of lawsuits based on utility model right which can be granted easily than patent with 
substantive examinatio n might increase. Japan would like to know how the government of Thailand 
copes with such situation.  
Answer  
To ensure the quality of utility models, Thailand is currently amending the Patent Act, which include 
the amendment on articles related to registration procedure of utility models.  
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.3  Agricultural policies  
4.1.3.2  Border measures  
Paragraph 4.19, Page s 117-118 
Question 7  
Can Thailand explain the reasons of low fill rates of rice (1.81%), coconut oil (2.25%), sugar and 
sucrose (1.26%) and soya bean cake for human consumption (0.66%)?  
Answer  
Rice: Thailand is a major producer and exporter of rice. Each year we produce rice sufficient for 
domestic consumption and export of around 10 million t ons hence there is limited demand for 
imports.  
Coconut oil : Coconut oil importers mainly imports products from ASIAN countries and use tariff 
benefit under AFTA, which gives tariff benefit more than WTO.  
Sugar and sucrose : Thailand is a major producer and exporter of Sugar and sucrose. We can produce 
and manufactured sugar enough for domestic demand. So, there is low demand for importing sugar.  
Soya bean cake for human consumption : The import quantity of Soya bean cake for human 
consumption depends on the s pecific requirement of soy sauce manufacturers accordance to their 
own production formula.  
4.1.3.3  Domestic support  
Paragraph 4.31, Page  120 
Question 8  
Can Thailand explain why the volumes of input subsidies (Article 6.2 supports) drastically varied 
from year to year and possibly specify the factors affecting the volume?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Bank for Agriculture and Agricultural Cooperatives (BAAC) is a state -owned financial institution 
governed by the Ministry of Finance. We are assigned by the government to provi de input subsidies 
to farmers under the government 's policy.  
For the volume of input subsidies each year, it depends on the government initiative.  
  WT/TPR/M/ 400/Add.1  
 
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 REPUBLIC OF KOREA  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Page 48 , Paragraph 3.1 
3.1. Thailand 's customs procedures are governed mainly by the Customs Act B.E. 2560 (2017), 
which came into force on 13 November 2017.1 The Act, which repealed the Customs Act B.E. 2469 
(1926), aims to modernize Thailand 's customs law by easing customs pro cedures and bringing more 
transparency. It reduced incentives and rewards to customs officers and whistle -blowers; clarified 
customs offences and statutory penalties; imposed deadlines for post -clearance audits, duty 
evaluation, duty refunds, and appeals; and created an Appeal Committee, among other aspects 
(Table 3.1).  
Table 3.1 [...]  
Duty refund  
The importers or exporters could claim a duty 
refund within 2 years of the date of shipment.  The importers or exporters may claim a duty refund 
within 3  years of  the date of shipment.  
Question 1  
In relation to customs duty refund, import duties are to be refunded to importers through customs 
refund procedures for re -export purposes, but many companies complained of inconvenience due to 
delayed refunds. Are there any institutional or legal changes under the revised version of the 
Customs Law in response to delays in duty refund?  
Answer  
According to the Customs Notification No.  177/2560. The importer who is granted an approval for 
duty drawback under Section 29 and requires claiming for duty drawback must submit a drawback 
claim to the Customs within six months from the date of exportation unless the Director -General 
grants extension of the period of time for a period not exceeding six months. The duty  drawback for 
imported raw materials is based on the first -in first -out audit system.  
In case where the submitted documents are complete and correct, the duty drawback is granted 
within certain periods of time from the date of receiving the drawback claim as following : 
- within 15 working days, if the claim contains data of import and export declaration to 
not more than 100 in total  
- within 30 working days, if the claim contains data of import and export declaration 
between 100 -500 in total  
- within 45 working d ays, if the claim contains data of import and export declaration to 
more than 500 in total . 
Moreover, the duty drawback for the Exportation Division has developed duty drawback system by 
using modern technology to calculate the amount of duty drawback (e -Drawback system) 
automatically. This system is not only to facilitate an importer to get refund faster but also to track 
duty drawback process in every step. Please find attached the Customs Notification No.  123/2563.  
Page 48 , Paragraph 3.1 
3.106. Thailand maintains a myriad of investment incentives, such as tax and duty deductions and 
exemptions, grants, permits for various activities, guarantees, and protection measures, among 
others (Table 3.17). Incentives are mainly regulated under the Investment Promot ion Act, 1977 
(which was most recently amended in 2017), and the Competitive Enhancement Act, 2017. 
Obtaining incentives under both Acts simultaneously is not possible. Most incentives are approved 
and granted by the Office of the Board of Investment (BOI) , a government agency under the Office WT/TPR/M/ 400/Add.1  
 
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 of the Prime Minister. The authorities stated that the incentives are provided to domestic and foreign 
investors under the same conditions. The incentive system is complex, and there seems to be a lack 
of analysis on impact and effectiveness. The authorities stated that external experts evaluate the 
effectiveness of Thailand 's investment promotion policy once every two years. According to the 
authorities, the most recent report found that the investment promotion polic y contributed positively 
to the economy: in 2015 and 2016, the incentive schemes boosted real GDP growth by 3.31%, 
private consumption by 1.59%, private investment by 6.03%, exports by 4.29%, and employment 
by 0.46% on average.  
Table 3.17 [...]  
Non-tax incentives  
Permit to bring into the country skilled workers and experts to work in investment -promotion activities  
Question 2  
While entry permits for skilled workers is mentioned in the Secretariat report as one of the non -tax 
incentives for inv estment to Thailand, many foreign companies are having difficulty in making initial 
investments as they are required to hire four Thai workers for each foreign national to obtain a work 
permit under Thai labor law. (Any violation of these requirements is p unishable by fine of 5,000 baht 
or up to three months in prison.) Is there any possibility that these work permit requirements will 
be mitigated in line with Thai 's investment promotion policy?  
Answer  
The requirement on hiring four Thais for each foreigner  in granting stay is  set as criteria and 
conditions under the Order of the Royal Thai Police No. 327/2557 pursuant to the immigration Act 
B.E. 2522 (1979). This portion is in the regard of the criteria and conditions for consideration of 
application for a temporary stay in the Kingdom of Thailand and it is enforced by the Immigration 
Officer in a non -discrimination manner applying to all foreign businesses. This requirement is 
determined to guarantee employment of Thai people and national security. However,  this 
requirement is reduced to one Thai worker to one foreign worker for three  types of business: 
representative office of international trade business, regional offices and branch offices of overseas 
companies.  
In addition, this restriction is exempted i n case that any foreign investor coming to invest in Thailand 
under BOI Promotion Act, Industrial Estate Authority of Thailand Act, and Petroleum Act. Under 
these special Acts, foreign investors shall enjoy a tax free incentive and be facilitated in visa a nd 
work permit application and also be exempted from the 4:1 requirement.  
Page 54 , Paragraph  3.28 
According to Thailand 's Tariff Schedule for 2020, provided by the authorities and also notified to the 
IDB, the applied rates on a number of tariff lines are higher than the bound rates (Table 3.4).  
Question 3  
According to Paragraph 3.28 of the WTO Secretariat Report, Thailand 's tariff schedule with respect 
to six  items exceeds its bound rates. Could Thailand please provide clarified explanations for this, 
particularly in terms of WTO consistency?  
Answer  
Thailand 's applied tariff rates under The Ministry of Finance RE: Exemptio n Duty, Decreasing and 
Increasing Customs Duty Tariff rate under the obligations of Marrakesh Agreement Establishing The 
World Trade Organization, dated 10 November B.E. 2560 (2017) totally comply with the bound rates 
under WTO, while applied tariff rates under other Notifications besides the said Notification are 
applied to non -WTO members. The exporters/importers from WTO member countries must indicate 
their origin during the customs procedures in order to get the WTO applied tariff rates.  WT/TPR/M/ 400/Add.1  
 
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 Additionally, according to the notification, Thailand committed tariff rates for Barley other than seed 
under the tariff code 1003.90.00 at 27%, for Other cereals under the tariff code 1008.90.00 at 27%, 
for Toothpicks of bamboo under the tariff code 4421. 91.60 at 20% and for Toothpicks of wood other 
than bamboo under the tariff code 4421.99.80 at 20%, all in ad valorem  rate. When concerned 
products imported from WTO member 's country, the rate as mentioned above will be applied.  
Page 61 , Paragraph  3.47 
The legislation on anti -dumping and countervailing measures – the Anti -Dumping and Countervailing 
Act, B.E. 2542 (1999) - was amended on 22 May 2019, and the amendment came into effect on 
18 November 2019. The authorities indicated that they will notify th e WTO once the translation into 
English is completed. The authorities state that the amendment clarifies certain issues, including 
anti-circumvention provisions.  
Question 4  
In the past Thailand notified the changes in the relevant law within three months. Could Thailand 
please explain the reason why changes in the Anti -Dumping and Countervailing Act, B.E. 2542 
(1999) have not been notified to the WTO within the same timeframe, while almost a year has 
passed since the amendment?  
Answer  
Still in the process a nd will be notified to the WTO when the translation into English is completed.  
Page 61 , Paragraph  3.49 
Between 1995 and end -2019, Thailand initiated 84 anti -dumping cases, including 23 after 2015.22 
It notified to the WTO that, as at 30 June 2020, 43 anti -dumping measures in the form of duties 
were in force on 12 types of products: 10 types of steel or steel alloys; citric acid; and inner tubes 
of rubber for motorcycles.23 Thirty of these measures were extensions of existing measures beyond 
their sunset per iod. Actions mostly affected products originating in China (11), Chinese Taipei (5), 
the Republic of Korea (5), and Viet Nam (5). During the review period, Thailand terminated its 
anti-dumping measures on:  
Question 5  
As of 30 June 2020, 43 anti-dumping measures in the form of duties were in force, 30 of these 
measures were extensions of existing measures beyond their sunset period. The extended measures 
account for about 70% of the total measures and it seems to be considerably high. Could T hailand 
please explain in more detail what rationale and criteria the Thai investigating authorities uses in 
the AD review process?  
Answer  
If the expiry of the duty would be likely to lead to continuation or recurrence of dumping, the 
measures would be ext ended. Thai investigating authorities conduct the AD review process in 
compliance with Article 11.4 of the Anti -Dumping Agreement (ADA).  
Page 64 , Paragraph  3.158  
The Department of Industrial Technology under the MOEA provides funding opportunities for 
dome stic and foreign companies to carry out R&D activities under the Industrial Technology 
Development Programme. These include grants to cover up to 50% of R&D project expenses with a 
cap of NT$30 million, for a maximum of three  years. Enterprises are encoura ged to set up 
R&D centres through two incentive programmes; grants are provided to cover personnel -related 
costs in relation to the R&D centre operations. Foreign applications for grants to support setting up 
R&D centres will no longer be accepted after 1 May 2014.  WT/TPR/M/ 400/Add.1  
 
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 Question 6  
Could Thailand please explain why foreign applications for grants have been excluded from the 
Industrial Technology Development Programme since May 2014?  
Answer  
This referred paragraph is not in Thailand 's TPR. It is likely to be Chinese Taipei 's. 
Page 82 , Paragraph  3.140  
3.140. Since the previous Review, there have been no major changes to the institutional framework 
for standards and conformity assessment. The Thai Industrial Standards Institute (TISI), under the 
Ministry of Indu stry, was established in 1969 under the Industrial Product Standards Act B.E. 2511 
(1968). It is responsible for developing national standards (both voluntary and compulsory), product 
certification and registration, and participating in the standardization  activities both at regional and 
international levels. In addition to the TISI, other bodies responsible for different aspects of technical 
regulations and standards are: [...]  
Question 7  
Could Thailand please provide more detailed information on product c ertification program and 
relevant laws with respect to (i) certification by FDA of medical equipment and (ii) certification by 
NBTC of wireless communication equipment? For the past few years, there have been several cases 
repeatedly reported to the Korean  government by its exporters that (i) the certification process by 
Thai FDA takes substantially longer period of time ranging from three  months to three  years; and 
(ii) while NBTC 's certification is required for importation to Thailand of wireless communic ation 
equipment, the same process causes excessive costs and complexities (particularly, including on -site 
verification by Thai government staff to Korea 's production facilities) that it has become virtually 
impossible for Korean manufacturers to export th e said items to Thailand.  
Answer  
(i) The Food and Drug Admini stration  has clearly stipulated the procedure and registration timeline 
for medical devices. Please see the website: https://bit.ly/3lbNH1Y (available only in Thai).  
(ii) Telecommunications Equipment under the NBTC regulation (NBTC ) 
All suppliers of telecommunicat ions equipment in Thailand are obliged to conformity assessment in 
order to ensure that technical characteristics of telecommunications equipment conform to the NBTC 
technical standards. The NBTC standard requirements are based on the International Organiz ation 
for Standardization and the International Electrotechnical Commission (ISO/IEC) and WTO 
agreement on Technical Barrier to Trade (TBT). The main purposes of conformity assessment are to 
protect consumers against harmful or unsafe products as well as a void radio frequency interference.  
The telecommunications equipment that requires NBTC certificate of conformity is as prescribed in 
section 4 of the Radiocommunications Act B.E. 2498 (1955) and section 70 of the Operation of the 
Sound Broadcasting Servic e and the Television Broadcasting Service Act B.E. 2551 (2008).  
However, there is some equipment that the suppliers are not required to have a license for 
manufacture, import, export, sale or install which are listed in Notification of the NBTC on Exemptio n 
of License for Radiocommunication Equipment and Radio Communication Station under 
Radiocommunications Act B.E. 2498 (1955) and Notification of the NBTC on Criteria for the General 
Use of Frequency and Radiocommunication Equipment.  
Conformity Assessment  
For the protection of consumers and safety concern, The NBTC certificate of conformity is 
prerequisite for the application of import license. The NBTC has published several notifications on 
technical standards as well as criteria and procedures for conformi ty assessment as follows:  WT/TPR/M/ 400/Add.1  
 
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 - Notification of the NBTC on Conformity Assessment of Radiocommunication Equipment 
and Devices in Sound and Television Broadcasting Services  
- Notification of the NBTC on Conformity Assessment of Telecommunications Equipment  
- Notific ation of the NBTC on Conformity Assessment Procedures of Telecommunications 
Equipment Done by the Office of NBTC  
- Notification of the NBTC on Rules, Procedures, and Conditions on Establishing Testing 
Laboratory (in Thailand) for Telecommunications Equipmen t 
- Notification of the NBTC on Rules for Recognizing Telecommunications Equipment Test 
Report from Foreign Laboratory . 
The procedures of conformity assessment are different depending on the classes of 
telecommunications equipment as portrayed in the diagram  (please see next page) . 
The conformity assessment of the technical standard for telecommunications equipment of the NBTC 
is the universal practice which has no intricacy and difficulty. It conforms to the principle of 
ISO/IEC  17025 and the testing report is certified by the accredite d testing laboratory. The timeframe 
of certification process conducted by the Office of NBTC takes five working days and the fee costs 
5,000 baht (VAT not included). It takes three working days for the registration of 
telecommunications equipment (register ed with the Office of NBTC), with the fee of 1,000 baht (Vat 
not included). In this regard, both the procedure and the fee are not burdensome for the suppliers.  
The guide to the Conformity Assessment of Telecommunications Equipment and other notifications  
in English are available at http://standard.nbtc.go.th.  
Import License  
The suppliers of telecommunications equipment and devices, including those which are not listed in 
the abovementioned NBTC notifications, are obliged to apply for the import license g ranted by the 
NBTC in accordance with laws and regulations as follows:  
- Radiocommunications Act B.E. 2498 (1955)  
- Notification of the NBTC on the Importation of Radiocommunication Equipment  
- Notification of the NBTC on the Sale of Radiocommunication Equipment  
- Notification of the NBTC on Criteria and Procedures for Granting a Permit to 
Manufacture, Import, Sell, or Of fer for Sale or Install Receiver, Apparatus or Device 
Enabled for Receiving or Decoding Signals to Receive Programs of the Subscription 
Broadcasting Business (No. 2) . 
Notification of the NBTC on Manufacturing, Importing, Selling or Offering for Sale or Ins talling 
Internet TV Box.  
The procedures of application for the import license take not over 38 working days. Fees for the 
application of import license are prescribed in the abovementioned notifications. For instance, the 
fee for the import license of rece iver, apparatus or device for receiving or decoding signals to receive 
programs of the subscription broadcasting business costs 1 baht per 1 device (VAT not included). 
The fee for the import license of radiocommunication equipment costs 200 baht (VAT not i ncluded). 
The fee for the sale license of radiocommunication equipment costs 1,000 baht (VAT not included).  
It is noted that the NBTC does not conduct any on -site verification for conformity assessment of 
technical standard or granting import license of t elecommunications equipment. The NBTC has no 
such activities or procedures as the deployment of its staffs to verify factories, or telecommunications 
equipment manufacturing facilities in either manufacturing sources or abroad. Hence, no fee shall 
be colle cted for inspecting factories or manufacturing facilities of telecommunications equipment.  WT/TPR/M/ 400/Add.1  
 
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 Nevertheless, the NBTC officers will request testing report from the manufacturers for the verification 
of technical standards.   
Moreover, the NBTC has already published all notifications and public manuals regarding the 
importation of telecommunications equipment on website https://www.nbtc.go.th/ to clearly 
demonstrate the procedures and criteria for suppliers.  
Therefore, the NBT C procedures, criteria, timeframes and fees for both conformity assessment of 
technical standard and application for the import license of telecommunications equipment are 
reasonable, transparent and publicly available on the NBTC website. Suppliers can al so contact NBTC 
officers for more information or complain if they experience difficulty via 1200@nbtc.go.th . 
WT/TPR/M/ 400/Add.1  
 
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 Page 136 , Para graph  4.97 
Under the FSMP III, the Bank of Thailand has implemented a number of measures and p olicy 
initiatives, leveraging new technologies and adapting the regulatory framework in order to build an 
enabling and more inclusive FinTech banking system. Some of the main measures include: amending 
IT regulations and guidelines to enhance the security of mobile banking services; formulating the 
Payment Systems Roadmap Phase 4 (2019 -2021) to promote digital payments; adopting regulations 
on person -to-person lending platforms to increase access to funding for individuals and businesses; 
expanding the scop e of the Consumer Debt Relief Program to include defaults on credit card debts, 
revolving loans and unsecured personal loans; revising the regulation on supervised personal loans, 
to allow the use of alternative information in assessing repayment capabilit y to enhance the financial 
access of low -income individuals at a reasonable price; promoting the use of basic banking accounts; 
adopting a standardized QR code for domestic and cross -border e -payments; developing the 
electronic authentication infrastructur e through the National Digital Identity platform; and setting 
up a regulatory framework on identification and authentication systems.45 In addition, progress has 
been made towards ASEAN financial integration (Section 4.5.1.1.2).  
Page 136 , Para graph  4.97 
Under the FSMP III, the Bank of Thailand has implemented a number of measures and policy 
initiatives, leveraging new technologies and adapting the regulatory framework in order to build an 
enabling and more inclusive FinTech banking system. Some of the main  measures include: amending 
IT regulations and guidelines to enhance the security of mobile banking services; formulating the 
Payment Systems Roadmap Phase 4 (2019 -2021) to promote digital payments; adopting regulations 
on person -to-person lending platform s to increase access to funding for individuals and businesses; 
expanding the scope of the Consumer Debt Relief Program to include defaults on credit card debts, 
revolving loans and unsecured personal loans; revising the regulation on supervised personal l oans, 
to allow the use of alternative information in assessing repayment capability to enhance the financial 
access of low -income individuals at a reasonable price; promoting the use of basic banking accounts; 
adopting a standardized QR code for domestic a nd cross -border e -payments; developing the 
electronic authentication infrastructure through the National Digital Identity platform; and setting 
up a regulatory framework on identification and authentication systems.45 In addition, progress has 
been made to wards ASEAN financial integration (Section 4.5.1.1.2).  
Question 8  
Thailand is actively studying ways to incorporate digital technology in the financial sector. It 
successfully experimented a wholesale Central Bank Digital Currency (CBDC) early this year an d it 
is currently in the process of conducting another study to integrate CBDC with business ' platform. 
Is Thailand also considering to extend the CBDC to private users (a retail CBDC)? How is Thailand 
dealing with privacy in CBDC? Is it giving anonymity vouchers for example?  
Answer  
Currently, the BOT has been conducting a study and developing a C BDC proof -of-concept prototype 
for corporates. However, CBDC for retail individuals has also been in our interest, as part of our 
strategy to enhance readiness for financial services and businesses rapidly entering the digital age. 
Whether the BOT should i ssue a retail CBDC needs to be extensively discussed among stakeholders, 
as such a decision could pose a potential risk to financial stability and even change Thailand 's 
financial landscape. Risks and impacts from retail CBDC issuance must first be clearly  understood 
and weighed against opportunities. Moreover, the BOT will need to prepare appropriate policy 
responses to mitigate such risks and impacts.  
Regarding privacy requirements around CBDC, we realize that it is one of the key issues for retail 
CBDC.  However, we cannot give a clear answer yet whether transactions done with retail CBDC 
should be kept private and to what extent. The key consideration will be the trade -off between 
popularity and illicit activities. We believe that more privacy tends to b e preferred among users, on 
the other hand, it may have unintended consequences in encouraging more illegal transactions. 
Regarding technical aspects, we have been exploring possibilities on the degree of privacy for each 
technology for retail CBDC issuanc e eg. Blockchain or centralized based technology, and we will need WT/TPR/M/ 400/Add.1  
 
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 to find an optimal point by taking other technical issues into account (scalability, performance, 
security and etc.)  
Question 9  
Another question concerns cross -border e -payment. Could Thailand elaborate on the status of the 
standardized QR code adoption negotiations with other ASEAN central banks?  
Answer  
For Thailand, the standardized Thai QR payment has been introduced in since late -2017, which is in 
line with international standards ( EMVCo). Currently, most of countries in ASEAN have their own 
standardized QR Code as well or are developing such kind of code. These standards enable 
interoperability among countries in ASEAN and are the basis of several cross -border e -payment 
linkages.  
OTHER QUESTIONS  
Question 1  
As there was tightening of OIC regulations, only a Fellow of the Society of Actuaries  (FSA) has been 
allowed to become a chief actuary since 2020. Under the regulations, foreign insurance companies, 
which do not have a FSA, have di fficulty in doing their business as they need to bear the costs of 
designing a FSA of an external agency each tine when they develop new products.  
In China, it is possible for Korean actuaries to become a chief actuary when they pass an exam 
regarding the regulations of the Chinese insurance law. Therefore, we ask you to amend the 
regulations so that Korean actuaries can serve as a chief actuary in Thailand.  
Answer  
Foreigners can become Chief Actuary in Thailand. There is no restriction for chief actuary needs to 
be fellow of the Society of Actuaries (FSA) under OIC regulations. OIC requires licensed actuary to 
certify actuarial report annually. The license is issued by OIC and must be renewed every two years. 
Only Life licensed actuaries are requi red to be a fellow of the Society of Actuaries of Thailand (SOAT).  
To be a fellow of SOAT, the person is a Fellow of one of the Recognized Actuarial Associations which 
are full members of the International Actuarial Association (IAA).  
The Society recognize s the following actuarial associations principally for the purpose of admission 
into the Society of Actuaries of Thailand:  
1) Institute and Faculty of Actuaries, UK  
2) Society of Actuaries, United States of America  
3) Institute of Actuaries of Australia  
4) Canadian In stitute of Actuaries  
5) Casualty Actuarial Society, United States of America . 
SOAT can consider others actuarial associations approved by SOAT 's Board.  
Question 2  
Foreign securities companies which operate their business in Thailand are subject to frequent audits 
by the Securities and Exchange Commission (SEC). However, lack of notices or guidelines makes it 
difficult for the companies to prepare for the audits. So, it would be helpful, if prior notice or audit 
guidelines are provided to the compani es. WT/TPR/M/ 400/Add.1  
 
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 Answer  
The inspection in Thailand consists of periodic and non -periodic basis. Almost all of them are 
conducted on an announced basis which the SEC will send the regulated entity (asset management 
companay/mutual fund supervisor/securities company) a l etter notifying it of the inspection 
10-15 working days prior to the inspection. The letter containing a request list that identifies certain 
information or documents together with the SEC 's expectation for asking of those information or 
documents.  
We also  conducted training course for compliance officers, fund managers, and related personnels 
which share the deficiencies that we found from inspection. In addition, the inspection report on 
regulated entity also disclose on SEC website.  
Question 3  
When a for eign financial institution plans to go public, it is required to appoint a Thais who has 
experience in accounting for more than 10 years as the Chief Financial Officer (CFO) by the SEC. We 
hope that the authorities ease the requirements so that either an e mployee from the headquarters 
in Korea with more than 10 years of accounting experience or a Korean expert can be appointed as 
the CFO.  
Answer  
The SEC does not have specific requirements for appointment of CFO of foreign financial institutions. 
The SEC cur rent requirements for CFO of listed and IPO companies are not related to nationality, 
but related to education qualification, work experience and an orientation/CPD courses in accounting 
knowledge. The only requirement with minimum number of years is the w ork experience with the 
following details : 
Work experiences : 
- Having work experience in accounting/finance fields for at least three  years during the 
last five years or having work experience in any fields, which are relevant and beneficial 
to their role as a CFO, for at least five years during the last seven  years before holding 
a position as the company 's CFO  
- Holding a position as a CFO in the company for at l east one year before filing application 
with the SEC (Only for IPO companies) . 
Question 4  
Some member 's financial companies have trouble in raising finance to meet Regulations on the 
establishment of foreign financial institutions in Thailand. Therefore, I s there any possibilities to ease 
regulations for reducing difficulty to other member 's financial companies to establish local companies 
or branch?  
Answer  
In establishing a foreign bank branch or a subsidiary in Thailand, minimum capital requirement is 
one of the requirements that the applicants are required to comply with. The required amount of 
capital allows the licensed institution to expand its asset, absorb both expected and unexpected 
losses, as well as ensure the bank 's competitiveness in Thailand.  
The most recent application for new foreign subsidiaries in 2013 required the minimum capital of 
20 billion baht. The requirement has been set to select foreign commercial banks with financial 
strengths and has reflected a commitment for operating busines s in Thailand in the long term. The 
amount of required capital in 2013 was equivalent to a medium -sized bank in Thailand. This was in 
line with one of the objectives of licensing in 2013 that aimed to promote domestic competition.  
However, the Bank of Thailand also currently focuses more on reciprocal market access through 
bilateral negotiations. This could also include flexibility on the minimum capital requirement of both WT/TPR/M/ 400/Add.1  
 
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 countries, depending on negotiations. The liberalization th rough reciprocal track will first targeted 
with ASEAN countries and may be expanded to other regions based on commercial interests.  
Question 5  
The mandatory to use more than 90% local contents in a Thailand Public Construction Project makes 
it difficult fo r other member 's companies to participate in the bidding. Also, there is a possibility that 
this measurement is being used as non -tariff barriers. Could Thailand please specifically explain the 
legal basis for this measurement?  
Answer  
Thailand has drafted the government procurement ministerial regulation to support local steel and 
related construction industries in government construction project. The draft states that 60% of 
construction materials of the project has to use local materials of which 90% of c onstruction steel 
must be local steel. This measure uses to support local construction industries not being use as 
non-tariff barrier. However, Thailand is not a member of GPA.  
  WT/TPR/M/ 400/Add.1  
 
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 MALAYSIA  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Page 36  
2.3.1  WTO  
2.15.   Thailand is a founding Member of the WTO, and participated in the post -Uruguay Round 
negotiations on telecommunications and financial services. It became an Observer to the WTO 
Committee on Government Procurement in Ju ne 2015. In 2016, it accepted the Protocol Amending 
the TRIPS Agreement, and notified to the WTO its Least -Developed Country Services Waiver, 
granting preferential treatment to services and services suppliers of LDCs. As a party to the WTO 's 
1996 Informati on Technology Agreement (ITA), Thailand participated in the negotiations to expand 
the ITA 's product coverage, finalized in mid -201511, and implemented the tariffs commitments 
under the ITA expansion on 1  July 2016. Thailand ratified the Protocol concernin g the Trade 
Facilitation Agreement (TFA) on 5 October 2015, and notified most of its commitments (over 90%) 
in Category A (i.e. implemented upon entry into force of the TFA) and the remaining commitments 
in Category  B (i.e. to be fully implemented by 2024) . The TFA entered into force on 
22 February  2017.  
Question  
Would Thailand please elaborate her progress on the implementation of the remaining commitments 
under Category B of the Trade Facilitation Agreement?  
Answer  
Thailand has completed the implementation of the TFA provisions related to all customs works. This 
accounts to 97.1% of the implementation of the TFA, with only 6 chapters remained under Article 5 
(Other measures to Enhance Impartiality, Non -Discrimination  and Transparency) and Article 11 
(Freedom of Transit), which is expected to be completed within the definitive date (2022 and 2024).  
Page 52  
3.1.2.2  Tariff bindings  
3.22.   In the WTO, Thailand bound 76.3% of its tariff lines at the HS eight -digit level: 100% binding 
on agricultural products (WTO definition), and 73% on non -agricultural products. Seven tariff lines 
carry specific duties, 1,904 carry alternate duties, and the rest carry ad valorem  rates. The rates of 
tariff lines carrying ad valorem  rates range from zero to 226% (raw silk) for agricultural products, 
and from zero to 80% (motor vehicles) for non -agricultural products. When AVEs are included, the 
overall average bound tariff is 31.3%; the average bound tariff for agricultural products is 41.7%, 
and that for non -agricultural products is 29.2%. 2,557 tariff lines remain unbound.  
Question  
According to para 3.22, there are 2,557 tariff lines remain unbound. Could Tha iland indicate whether 
there is any plan to review the unbound tariffs in future?  
Answer  
Thailand revises its tariff structure on a regular basis and the tariff rates have been reduced 
according to the country 's economic situation. Should there be any circ umstances such as changes 
in economics, trade or investment which make tariff reductions deem appropriate or necessary, the 
tariff structure will be revised accordingly . WT/TPR/M/ 400/Add.1  
 
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 Page 57  
Table 3.6  
Table  1 Products prohibited from importation, 2020  
 
Question  
1. Will it prevent the export of timber and timber products from Malaysia to Thailand?  
2. Does it require additional procedures for that purpose? Please elaborate.  
Answer  
- The scope of this measure does not include the imported timber and timber products from 
Malaysia.  
- There is no additional procedure for importing timber and timber product from Malaysia to 
Thailand under the Ministry of Commerce regulation if such product are not imported along 
the border specify in t he Notification of the Ministry of Commerce on Importation of Goods 
into the Kingdom of Thailand (No.  92) B.E.  2535 (1992).  
Page 82  
Thailand -Plus 
3.138 .  In September 2019, Thailand introduced "Thailand Plus", a stimulus package aimed at 
attracting foreign businesses to relocate and to expedite large -scale investment, and at 
strengthening workforce development. The new measures include an enhanced incentive package 
for projects worth at least THB 1 billion of investment, additional incenti ves for companies engaged 
in human resource development, and revised incentives to encourage corporations to set up science, 
technology, engineering, and mathematics (STEM) education or vocational training institutions.  
Question  
Could Thailand elaborate on  the types of additional incentives that are provided for corporations to 
set up STEM and TVET institutions?  
Answer  
Additional incentives for STEM include additional corporate income tax.  
Page 95  
3.3.5.4  Electronic government procurement  
3.190 .  Thailand introduced an electronic government procurement system (e -GP system) in 
April 2010. The Comptroller General 's Department is responsible for the development and promotion 
of the system. The system started with pilot projects covering a limited numb er of procurement 
entities and procurement methods, and was gradually extended to other procurement entities, with 
the aim of including all government procurement contracts. During the review period, the 
e-GP system concluded its Phase 3 projects and enter ed Phase 4 projects on 24 August 2017. 
Phase  4 projects are aimed at bringing the system in line with the new Act and, in particular, enabling 
the selection method and the specific method in the system. According to the authorities, the 
e-GP system helped to save 8.26% of the budget for the completed procurements.  Products  HS code (2017)  Rationale  
Logs and sawn wood from teak trees, rubber trees 
or forbidden trees from the border s of the Tak and 
Kanchanaburi provinces  Various  To prevent illegal 
logging and conserve 
natural resources  WT/TPR/M/ 400/Add.1  
 
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 Question  
Since the selection method allows for procurement under extra ordinary circumstances, how will the 
Phase 4 of the e -GP System successfully reflect this and what progress has been made thu s far?  
Answer  
E-GP System is the main government procurement system in Thailand. It allows government entities 
to publish invitation notices and awarded contracts notices. However, suppliers in selection method 
cannot submit procurement proposals via e-GP system.  
Page 107  
3.3.7.5  Patents  
3.240.   Over the review period, the DIP made significant efforts to improve efficiency and timely 
service by improving the allocation of existing resources. It more than tripled the number of patent 
examiners during the review period (from 30 in 2014 to 99 in 2018), and intensified the training 
provided to examiners in order to allow them to handle more complex applications, with the 
particular aim of reducing the lengthy pendency and examination time. Addition al examiners helped 
decrease the patent application backlog by 20% in 2018. Since then, the examination of patent 
applications has been shortened from an average of 10 years, to an average of 6 -8 years.  
Questions  
Does the Thai Patent Office consult the Tha iland FDA on patents application concerning 
pharmaceuticals?  
Answer  
There is no requirement that the Thai FDA has to consult with the Thai Patent Office with regard to 
the patent applications concerning pharmaceuticals. However, the Thai FDA, if wishes, ca n do so.  
Page 108  
3.3.7.5  Patents  
3.243.   The situation regarding compulsory licences remained unchanged during the review period. 
Of the compulsory licences for government use granted for seven medicines in 2006 -08 by the 
Ministry of Public Health, only one remains in use: the licence on a combined formulation of Lopinavir 
and Ritonavir, which covers up to 250,000 patients entitled to essential medicines under three 
national health security schemes, and is due to expire in 2021, after an extension in  2010. The other 
licences have either expired, or are effective only where an essential need for these medicines exist . 
Questions  
What are the circumstances that allow for the application of compulsory licenses (CL) for 
pharmaceuticals?  
Does the Thai Pate nts Act narrow the scope to only cases of "extreme urgency " or does it also take 
into account the aspect of 'affordability of medicines and what is the benchmark (i.e. based on Gross 
Domestic Product (GDP) or threshold values)?   
Is there a specific duratio n that a CL can be in force for pharmaceuticals and if so, is there a limit to 
the number of times the duration of a CL can be extended?   
Answer s 
In order to carry out any service for public consumption or which is of vital importance to the defense 
of the country or for the preservation or realization of natural resources or the environment or to WT/TPR/M/ 400/Add.1  
 
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 prevent or relieve a severe shortage of food, drugs or other consumption items or for any other 
public service, any ministry, bureau or department of the government may, by themselves or 
through others, exercise any right under Section 36 (patentee 's rights) by paying a royalty to the 
patentee or his exclus ive licensee and shall notify the patentee in writing without delay.  
During a state of war or emergency, the Prime Minister, with the approval of the Cabinet, shall have 
the power to issue an order to exercise any right under any patent necessary for the defense and 
security of the country by paying a fair remuneration to the patentee and shall notify the patentee 
in writing without delay. (Section 52 of the Patent Act)  
It shall be noted that the scope and duration of the compulsory license shall not b e more than 
necessary under the said circumstances and aimed predominantly for the supply of the domestic 
market. (Section 50 of the Patent Act)  
Page 134  
4.4 Manufacturing  
4.85.   In 2019, the Office of Industrial Economics, under the Ministry of Industry, launched an Action 
Plan on Industrial Development (2019 -37), aimed at "moving towards a wisdom -driven industry that 
connects with global economy". The main objectives include: enhancing Thailand 's industrial 
competitiveness in the world; generating more in come and creating more jobs, and ensuring the 
continuity and stability of economic growth; and using industrial development as a key engine to 
transform Thailand into a high -income, developed country. The authorities stated that the Plan sets 
specific targ ets in terms of minimum annual growth rates from 2019 to 2037, for the following 
indicators: industrial sector 's GDP no less than 4.5%; rate of investment in the industrial sector no 
less than 10%; export value no less than 8%; and total factor productivit y no less than 2%.  
4.86.   To reach these targets, the Plan identified five subsectors, and mapped out three guidelines 
focusing on their development.   
4.87.   The five subsectors are: (i) the agricultural and bio -technology subsector, such as the food 
and beverage industry, the agricultural processing industry, and bio -industry; (ii)  the health, 
wellness and bio -med subsector, such as the pharmaceutical and herb industry, medical devices, 
and the medical service industry; (iii) the smart device, robotic s, and mechatronics subsector, such 
as the robotics, aerospace, automotive and auto parts industries; (iv) the digital industry subsector, 
such as data centre cloud computing and system integration (SI) services; and (v) the creative 
industry, culture and high value services subsector.  
Question  
Appreciate if Thailand can share the Action Plan on Industrial Development for the local 
pharmaceutical manufacturing industry. Is this plan available online?  
Answer  
The industrial sectors under the action plan are t he target industries that the Ministry of Industry 
considered as the important engines of economic growth. They consist of five groups namely; 
(1) Agriculture, Food processing and Biotechnology, (2) Public Health, Health, and Medical 
Technology, (3) Electr onically Controlled Mechanical, Smart Devices, and Robots e.g. automotive 
and parts, electrical appliances and telecommunication equipment, robots, and aircraft, (4) Digital 
Groups e.g. internet technology, connected devices, artificial intelligence, softw are development, 
e-commerce, and data center cloud computing, and (5) Creative Industry Capital, Culture and High 
Value Services e.g. tourism, fashion industry, lifestyle industry, creative media and animation 
industry. Instead of utilizing import substitu tion or export support measures. The Ministry of 
Industry 's measures focus on building a necessary infrastructure and creating good business 
environment to promote investment in the abovementioned industries in order to reach the stated 
goal. WT/TPR/M/ 400/Add.1  
 
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 Page 135  
4.93.   The Government launched Thailand 4.0, which is an economic model aimed at driving 
economic growth through innovation. To promote industrial restructuring in accordance with 
Thailand 4.0, the BOI has been promoting investment in targeted sectors and targeted technologies, 
including those related to the BCG model. Against this background, a range of incentives are 
provided to the manufacturing sector in the form of, inter alia , corporate income tax holidays and 
import tariff exemptions under the BOI 's investment promotion policy. Several tax and non -tax 
incentives are also provided to businesses located in the EEC, the customs free zones, and the free 
zones under the Industrial Estate Authority of Thailand. In addition, several incentives to attract FDI  
are offered under the Thailand -Plus package (Section 3.3.1). In September 2019, the BOI launched 
a wide range of investment promotion measures, such as additional tax incentives to education and 
vocational training institutes specializing in science, tech nology, engineering, and mathematics, with 
a view to enhancing human resource development. The authorities stated that foreign and Thai 
investors are granted the same incentives for eligible activities.  
Question  
How was the response and interest of the pri vate sector and investors alike on the additional tax 
incentives promotion measures by the Government of Thailand to develop human resource, 
specialising in STEM and innovation?  
Answer  
In the investment policy impact assessment report (2018)* shows that Investment incentive 
schemes under the 7 -year strategic investment promotion policy (2015 -2021) contributed 
418 billion  baht to Thailand 's GDP growth. The scheme is streamlining the ongoing transformation 
of Thailand 's economic structure towards an advanced economy driven by science and technology.  
The policy has contributed positively to Thailand 's economy. In the years 2015 and 2016, the 
investment incentive scheme boosted real GDP by 3.31%, private consumption by 1.59%, private 
investme nt by 6.03%, exports by 4.29%, and employment by 0.46% on average.  
The report also indicates that promoted projects have high added -value of revenue. In the 
years  2015-2017, the added -value of revenue of promoted projects was 40.28% on average. The 
service  sector experienced the largest expansion in all industries with a growth of 64.47% in 
value -added revenues, followed by the industrial sector with 36.09% and the agricultural and 
agricultural processing sector with 26.75%.  
New measures launched in 2019 ha ve not been evaluated yet.  
* Policy evaluation is conducted by third party for every two years. The investment policy assessment 
report of 2018 was first released in 2019 and the next report is expected to be published in 2021.  
QUESTIONS REGARDING THE REPO RT BY THE GOVERNME NT - WT/TPR/G/400  
Page 8  
3.1.2.1  Ease of doing business  
3.16.  Department of Business Development (DBD) has undertaken several activities in order to put 
force greater ease of doing business for foreign investors as follows : 
(1)  Launching the e -Registration System and currently working on a project to upgrade the 
system with the objective to develop its capacity.  
(2)  Improving the capacity of company name reservation system by using fully functional 
AI technology in considering t he request to reserve a company name.  
(3) Launching a single -service platform by combining the incorporation process with Social 
Security registration.  WT/TPR/M/ 400/Add.1  
 
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 (4)  Issuing Ministerial Regulations to remove service businesses under the Foreign Business 
Act, B.E. 2 542 (1999) to exempt business from the foreign business license requirement 
in order to facilitate business operations and promote trade and investment in Thailand.  
Question  
Appreciate if Thailand could indicate the presence of one -stop center to assist or  facilitate periodic 
submission and reduce redundancy in relation to regulatory requirements for the existing local 
manufacturing industries.   
Answer  
As part of its commitment to support the transition into e -Government, the DBD has continued to 
develop new, innovative public services that are more convenient, faster and cost -saving for all 
service recipients including commercial and non -commercial organizations as well as individuals 
alike. One of the key tasks within the responsibility of DBD wh ich plays part in bringing about trust 
and confidence in Thai juristic persons ' transactions is to provide a range of services in relation to 
the issuing of certificates and certifying copies of original, official business registration documents. 
DBD servi ces are already moving away from manual operation to full -scale electronic -based system. 
Use of e -Certificate files as well as the electronically submitted applications for certificates and the 
registrar 's e-Signature.  
Became available for the registration  of partnerships and limited companies since 18 April 2017, the 
service feature of paperless e -Registration system is fully operable online and supports the whole 
process of juristic person registration, including the name reservation, filling out and subm itting the 
application forms, accepting and approving the registration, paying fees, and filing applications for 
juristic person certificates. To put it simply, the e -Registration system makes everything about 
registration easier for business operators bec ause it eliminates the redundant steps formerly 
required for filing the applications, allows more use of paperless forms and documents, and saves 
time and costs typically arising from walk -in services. The e -Registration also enhances the overall 
quality o f services in terms of security, reliability, efficiency, standardization that meets global level, 
and rising acceptance in integrated public services.  
DBD also developed DBD e -Filing System to improve the accountability and transparency of business 
financ ial data, by providing the open data exchange standard for business reporting to public service 
(DBD Data warehouse). This system makes a task easier and more efficient than traditional method 
to exchange and share financial data on the real time, as well as, saves cost and time for public 
sector and business society.  
Moreover, DBD has been to a great degree employing advanced information technology in facilitating 
all-round services rendered to the business sector. One of the key tasks within the responsib ility of 
DBD which plays part in bringing about trust and confidence in Thai juristic persons ' transactions is 
to provide a range of services in relation to the issuing of certificates and certifying copies of original, 
official business registration docum ents. 
Contacting Address  
Business Development Office Region 1 (Pinklao): Thanalongkorn Tower, 14th Floor 
Borommaratchachonnani Road, Bangbamru, Bangplat, Bangkok 10700  
Business Development Office Region 2 (Phaholyothin): 78/13 Rama VI (Pradiphat Intersection) 
Phayathai, Bangkok 10400  
Business Development Office Region 3 (Ratchadaphisek): Preecha Complex Building (C 2), 3rd Floor 
Ratchadaphisek Road, Huai Khwang, Bangkok 10310  
Business Development Office Region 4 (Surawong): Amigo Tower, Si Phraya Road, Mahapruek, 
Bangrak, Bangkok 10500  
Business Development Office Region 5 (Thanya Park Shopping Center Building): Thanya Park 
Building, 735/1 -8 Building A, 2nd Floor, Srinakarin Road, Suanluang, Suanluang, Bangkok 10250  WT/TPR/M/ 400/Add.1  
 
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 Business Development Office Regio n 6 (The Government Complex): Ratthaprasasanabhakiti 
Building, 1st Floor, The Government Complex, Chaeng Wattana Road, Thung Song Hong, Lak -si, 
Bangkok 10210  
Central Business Registration: Department of Business Development, 4th Floor, Nonthaburi Road, 
Mueang Nonthaburi, Nonthaburi 11000  
Page 19  
3.2.5.3  Tourism  
3.67.  In realizing the vision of Thailand Tourism 2036, the nation needs to devise stepping stones 
to lay out the development path to reach the ambitious goal. The 5 -year objectives and targets have  
been set to portray what Thailand could realistically achieve in the next five years. The overarching 
strategic objectives and targets over the next five years focus on improving the overall quality and 
capabilities of Thailand 's tourism industry and supp orting sustainable growth that leverage the great 
value of Thainess. The challenge now lies in the ability to create greater economic benefits from the 
industry, while ensuring the sustainability of the nation 's tourism assets.  
Question  
Taking into account  the development surrounding of COVID -19, is there any possibilities of revising 
these objectives and targets?  
Answer  
Thailand has not revised the Second National Tourism Development Plan as the plan was initiated 
before the pandemic and now nearing its validity. Nevertheless, Thailand has taken measures to 
cope with the situation of the COVID -19 pandemic.  
Page 22  
3.2.8  Government procurement  
3.90.  In 2017 Public Procurement and Supplies Administration Act has been enacted in Thailand. 
The main objective of this Act is to promote transparency, accountability, efficiency, effectiveness, 
and value of money which lead to reliability in Thai public procurement for all sectors in both national 
and international level. According to the Act, all governm ent agencies must follow the procurement 
procedures, including State -owned Enterprises (SOEs), local administrations, and other Independent 
public organizations except the procurement by SOEs that directly involving commerce such as 
purchasing oil and gas of Petroleum Authority of Thailand.  
Question  
What percentage of Government procurement involve direct purchases by state owned enterprises?  
Answer  
From October 2018 – September 2019, the percentage of government procurement by state owned 
enterprises is 13 .10%.  
Question  
In the case of direct purchases made by state owned enterprises, how does Thailand ensure 
transparency?  
Answer  
It is a mandatory that tender information must be published on the website. Moreover, Thailand has 
the project called Integrity Pa ct (IP) that has been used in government procurement in order to WT/TPR/M/ 400/Add.1  
 
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 prevent corruption. IP is an agreement that is signed by three  parties which are government 
agencies, project owner, and independent observer. Any government procurement that valued 
above 1,0 00 million baht will be selected to join this project.  
Page 23  
3.2.10  COVID -19 related policies and measures  
3.96.  Due to the COVID -19 outbreak, the Government has elevated the implementation of measures 
to the highest level by virtue of Section 5 of the Emergency Decree on Public Administration in 
Emergency Situations B.E. 2548 (2005) on 26 March B.E. 2563 (2020). Since March 2020, the 
Government has approved three phases of COVID -19 Relief Package to mitigate the economic 
impacts from the pandemic, f ocusing on economic stimulus package and healthcare spending.  
3.97.  Additionally, various measures related to trade and investment have been implemented 
temporarily as follows : 
(1)  Trade -related measures: (1) Tariff exemption for essential products, such  as surgical 
masks, (2) Export prohibition of bird eggs to prevent the critical shortage, (3) Export 
restriction of surgical masks to ensure adequacy of the products, and (4) Exemption of 
conformity assessment for licensing to import for sale industrial pr oducts.  
(2)  ICT-related measures: (1) Providing high speed broadband internet for people, 
(2) Offering Special tariff and payment terms for telecommunication services, and 
(3) Establishing cloud Infrastructure to support government applications/IT systems  
needed during COVID -19 outbreak.  
(3)  Services -related measures: (1) Insurance, such as premium refunds and premium 
discounts, and (2) Security and Exchange, such as notifying the business operators to 
activate Business Continuity Management (BCM) and Bus iness Continuity Plan (BCP), 
and postponement of financial statement submission for companies that are affected by 
COVID -19. 
(4)  Investment -related measures: such as: (1) Extension of the application deadline for 
corporate income tax exemption privileges,  (2) Launching of online document 
submission service (e -submission), and (3) Launching of SMART Visa Online Clinic.  
Question  
Appreciate if Thailand could indicate if all policies and measures taken to support growth and mitigate 
impact of COVID -19 to the l ocal manufacturing industries (including tax exemptions that are 
provided) are available online?  
Answer  
The Thai Cabinet has set up a COVID -19 measures information center to integrate information from 
all government agencies as well as to publish public re lations media regarding COVID -19 prevention 
as well as to hear requests or complaints from the public. The information about this center can be 
found on Thai government website: www.thaigov.go.th/news . 
Cabinet resolutions and press releases of multiple measures are available online. Where the 
measures require legislations or regulations to be issued, or tax codes to be amended, the 
documents are also available online. Examples are the Emergency Decree on the Provision of 
Financial Assistance for Entrepreneurs Affected by COVID -19 Pandemic, B.E. 2563 (2020), the 
Emergency Decree Authorizing the Ministry of Finance to Raise Loans to So lve Problems, to Remedy, 
and Restore the Economy and Society as Affected by the Coronavirus Disease Pandemic, B.E. 2563 
(2020), the Emergency Decree on the Maintenance of Stability of the Financial System and Economic 
Security of the Country, B.E. 2563 (20 20), and the Royal Decree on Exemptions from the Tax Codes 
for Interests Paid on Soft Loans Received by Businesses Directly or Indirectly Affect by COVID -19. 
  WT/TPR/M/ 400/Add.1  
 
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 MEXICO  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Párrafo 3.196 , Página 10 9 
No obstante, los sectores para los cuales existen disposiciones legislativas específicas en materia de 
competencia (por ejemplo, las telecomunicaciones y la energía) quedan excluidos del ámbito de 
aplicación de la nueva Ley. También se excluyen las admin istraciones de los gobiernos central, 
provinciales y locales, las cooperativas agrícolas y de otro tipo y las organizaciones sin fines de lucro.  
Question  
¿Estas exclusiones también se extienden a lo referente a la emisión de opiniones sobre los efectos 
en la competencia derivados de ajustes a programas, iniciativas legislativas u otras disposiciones 
jurídicas y administrativas realizadas en alguno de los tres niveles de gobierno?  
[Do these exclusions also extend to the issuance of opinions on the  effects on competition derived 
from adjustments to programs, legislative initiatives or other legal and administrative provisions 
made in any of the three levels of government? ] 
Answer  
Even though Article 4 written that Competition Act B.E. 2017 should no t apply for SOEs or other 
government agencies that they conduct their undertakings according to the law or resolutions of the 
Cabinet which are necessary for the benefit of maintaining national security, public interest, the 
interests of society, or the pr ovision of public utilities, Article 17 (11) and (12) under the Act provide 
the commission powers to propose opinion and recommendations to the Minister and the Cabinet 
with regard to the government 's policies on competition and also give recommendations t o 
government agencies on rules, regulations, or orders which are obstacles to competition and causing 
obstruction, restriction, or reduction of competition, and that may result in unfairness between 
business operators. Thus, the exclusions do not extend to  any issuances of the commission opinions 
on the effects of any competition issues.  
Párrafo 3.20 , Página 110  
El presupuesto de la TCC y de la OTCC es independiente del presupuesto de cualquier otro organismo 
gubernamental. Está compuesto por el capital inicial aportado por el Gobierno, los ingresos derivados 
de la prestación de servicios y diversas operaciones, y las donaciones de países extranjeros u 
organizaciones internacionales. Si el presupuesto no cubre los costos operacionales, el Gobierno  
subvenciona a la TCC y a la OTCC. Todavía no se ha realizado una evaluación oficial del desempeño 
de la TCC y de la OTCC. Sin embargo, según las autoridades, su mayor independencia les ha 
permitido mejorar su desempeño. La OTCC es miembro de la Red Intern acional de Competencia.  
Questions  
• ¿Qué países y organizaciones internacionales han donado recursos para la operación de 
la TCC y de la OTCC?  
• ¿Cuáles son los mecanismos de cooperación internacional en cuyo marco se llevan a 
cabo las donaciones financieras p ara la operación de la TCC y de la OTCC?  
• ¿Se considera que se puede ver comprometida la independencia operativa y decisoria 
de la autoridad de competencia en la medida en que deba recurrir a la subvención del 
gobierno central o a la prestación de servicios ? 
• ¿Cuánto tiempo se tiene previsto que el capital inicial aportado por el gobierno, financie 
la operación de la Oficina de la Comisión de la Competencia Comercial (OTCC)?  
• ¿Cuáles son los criterios (solicitud de un monto específico, desempeño, monto mínimo  
de referencia, planes de trabajo u otros) para determinar el monto de asignación WT/TPR/M/ 400/Add.1  
 
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 presupuestal por parte del gobierno a la OTCC, en caso que no pueda cubrir sus costos 
operacionales?  
• ¿en qué medida esta asignación gubernamental puede afectar la independen cia de la 
OTCC?  
Answers  
[What countries and international organizations have donated resources for the operation of TCC 
and OTCC? ] 
We do not get any resources donation from any countries or international organisation for the 
operation.  
[What are the mechanism of international cooperation which financial donations are made for the 
operation of the TCC and the OTCC? ] 
OTCC and TCC do not get financial donations from international mechanism cooperation in cash, but 
we do get in kind.  
[Is it considered tha t the operational and decision -making independence of the competition authority 
can be compromised as it has to resort to subsidies from the central government? ] 
We do not have such of that mechanism to compromise TCC 's decision -making independency.  
[How long is the initial capital provided by the government expected to finance the operation of the 
Office of the Trade Competition Commission (OTCC)? ] 
The OTCC is mostly funded by the annual budget allocated by the government since its 
establishment. The office has never received the initial capital to finance the operation.  
[What are the criteria (request for a specific amount, performance, minimum reference amount, 
work plans or others) to determine the amount of budget allocation by the g overnment to the OTCC, 
in case it cannot cover its operational costs? ] 
According to the Budget Procedures Act B.E. 2018, the OTCC as a budget receiving until must 
propose its action plans and budget expenditure plan, as well as a report on non -budget money  to 
the director of Bureau of the Budget. According to Section 23, ensuring the accordance of the budget 
with national strategies, the national development plans, policies of the government, and mission of 
budget receiving units, with a view to putting for th budget -expenditure efficiency and cost 
effectiveness as well as achievement in public administration.  
[To what extent can this government budget allocation affect the independence of the OTCC? ] 
The government budget allocation has limited effect to the independence of the office since the 
Trade Competition Act, B.E. 2560 (2017) has ensured the independence of the commission and the 
office and give the commission a power to issue regulations or rules regarding organisational 
structure, personnel managemen t, budgeting finance, and property and other operations of the 
office. Moreover, the office is allowed by the law to be funded by other sources, including fees, 
compensation, service charge, or other income from the operation. The office is also allowed to  
receive, without any condition or commitment agreed that may affect the operation of the 
commission or the office, donated money and assets or subsidised money from a foreign country 
and international organisation.  
Párrafos 3.201 , Página 110  
La TCC se enc arga de dictar las normas y los reglamentos de aplicación de la nueva Ley. Esta 
establece también que la TCC tiene la obligación de escuchar las opiniones de las partes interesadas 
al redactar las normas y los reglamentos de aplicación.  WT/TPR/M/ 400/Add.1  
 
- 187 - 
 
 Question  
En los año s 2018 y 2019, la TCC ha introducido 16 normas y reglamentos relativos a procedimientos 
contra prácticas anticompetitivas y al control de concentraciones; al respecto y en vista de su 
participación en la Red Internacional de Competencia (ICN, por sus sigla s en inglés) ¿De qué manera 
ha contribuido la participación de la TCC en la ICN para el diseño o mejora de estos instrumentos?  
[In 2018 and 2019, the TCC has introduced 16 rules and regulations related to procedures against 
anti-competitive practices and m erger control. In this regard and in view of your participation in the 
International Competition Network (ICN), in what way has TCC 's participation in ICN contributed to 
the design or improvement of these instruments? ] 
Answer  
The Trade Competition Commission (TCC) adopted and applied ICN 's concepts and core principles 
of market definition, market structure, and the key topics of analyzing the market structures of 
products and services relating to the business operator which would like to  conduct M&A.  
In terms of the assessment of the impact on competition after the M&A, such assessment shall 
include significant information such as analyzing data, market concentration, entry and expansion, 
non-coordinated or unilateral effect, and coordina ted effect. Such information are prescribed in the 
Announcements of Trade Competition Commission on the topic of Criteria, Procedures and 
Conditions in Requesting for the Permission and the Permission for Business Merging B.E. 2561 
(2018).  
Párrafos 3.202 , Página 111  
Question  
¿En qué consiste la Notificación sobre Medidas de reglamentación de las fusiones en el sector de 
telecomunicaciones y radiodifusión, emitida por la NBTC en 2018?  
[What is the Notification of the NBTC on Merger Regulatory Measures for Broadcasting and 
Telecommunications Business, issued by the NBTC in 2018? ] 
Answer  
The NBTC notifications on merger regulatory measures in broadcasting and telecommunications 
services  
Pursuant to the section 4 of Trade Competition Act B.E. 2560, this act shall not apply to businesses 
that are specifically regulated under other sectoral laws having jurisdiction over competition matters. 
Therefore, the competition -related issues in broadc asting and telecommunications services as well 
as the merger of such businesses shall be regulated by the National Broadcasting and 
Telecommunications Commission (NBTC). The NBTC enforced the merger regulatory measures as 
follows:  
1. The NBTC Notification  on Merger Regulatory Measures in Broadcasting and Television Business 
B.E. 2561 (2018 ) 
This notification aims to alleviate the conditions of merger in broadcasting and television business. 
The broadcasting and television operators shall report the merger to the NBTC but they are not 
required to apply for the permission for merger. This notification aims at facilitating operators in 
running business, improving regulatory environment for technological convergence as well as 
promoting competitive market.  
The merger can be divided into two cases:  
1) General merger: prior to the merger, licensees shall report the merger to the Secretary 
General of the NBTC no less than 30 days as described in the notification.  WT/TPR/M/ 400/Add.1  
 
- 188 - 
 
 2) Conditioned merger: if such merger falls into the cond itions described in clause 6 -8 of 
the notification which are, for example, the merger whose value of assets exceeds the 
described amount, the merger of subsidiary companies and the stock purchasing that 
exceeds the described share of ownership, licensees s hall report the outcome of merger 
to the Secretary General of the NBTC within seven  days after the merger becomes 
effective.  
Moreover, the impact on competition of market shall be evaluated in both cases through the 
evaluation of Herfindahl -Hirschman Index  (HHI), as well as, the evaluation of post -merger licensees ' 
behaviors that have impact on the market. The NBTC requires that the operator submit report and 
relevant documents of merger within seven  days after such merger becomes effective.  
2. The NBTC No tification on Merger Regulatory Measures in Telecommunications Business 
B.E. 2561 (2018 ) 
Prior to the undertaking of merger, telecommunications operator shall notify Secretary General of 
the NBTC no less than 90 days if the merger falls into the following conditions:  
- Forming new legal person or;  
- Wholly or partially acquiring assets from other telecommunications licensees or;  
- Making a purchase contract of ownership more than 25% share.  
After conducting a merger, telecommunications operator shall no tify Secretary General of the NBTC 
within seven  days if the merger falls into the conditions related to the values of post -merger assets, 
annual revenue, the values of acquiring assets, the merger with subsidiary companies, and the 
purchasing stocks of own erships as described in the notification.  
If the merger results in the emergence of SMP (Significant Market Player) which is evaluated by HHI 
and relevant factors, the SMP is required to comply with the NBTC regulation in order to ensure 
competitive marke t 
Question  
Se menciona que la Ley de Competencia Comercial solo se aplica a los sectores de 
telecomunicaciones y radiodifusión cuando no se abordan en los reglamentos sectoriales las 
cuestiones pertinentes relacionadas con la competencia. ¿Se podrían compartir los casos en que esto 
haya sucedido y cómo es que se resolvieron los casos?  
[It is mentioned that the Trade Competition Act only applies to these sectors when relevant 
competition issues are not addressed by the sectoral regulations. Could you share the cases where 
this happened and how the cases were resolved? ] 
Answer  
As of now, there is no concrete case of applying the Trade Competition Act to relevant competition 
issues which are not addressed by the sectoral regulation s. Nevertheless,  there were four cases of 
the post -merger notification pursuant to Section 51 paragraph 1 of the Act proceeded by insurance 
business operators in 2020.  
Normally, such insurance business operators are regulated by the Office of Insurance C ommission 
(OIC) which is one of the six regulators in Thailand; however, the sectoral regulations of OIC do not 
prescribe the provisions of M&A in terms of competition in the insurance business sector. Therefore, 
the M&A of insurance businesses shall be in  accordance with the Merger Control under the Trade 
Competition Act.  WT/TPR/M/ 400/Add.1  
 
- 189 - 
 
 Párrafos 3.204 y 3.205 , Página 112  
Question  
¿La OTCC tiene atribuciones para seguir el procedimiento penal en caso de abuso de posición 
dominante y cárteles intrínsecamente nocivos? En ca so negativo, ¿cuál es el procedimiento ? 
[Does the OTCC have powers to follow criminal proceedings in cases of abuse of dominant position 
and inherently harmful cartels? If not, what is the procedure for the cases?  
Answer  
OTCC has powers to follow criminal proceedings in cases of abuse of dominant position and 
inherently harmful cartels (section 50 & 54 of the Trade Competition Act B.E. 2560 (2017)).  
Párrafo 3.206 , Página 112  
La Ley de 2017 establece un requisito de autorización previa a la fusión y  un sistema de notificación 
posterior a la fusión. Toda fusión de empresas que pueda dar lugar a un monopolio o una posición 
dominante en el mercado debe ser autorizada por la TCC antes de efectuarse. Las fusiones que 
puedan reducir sustancialmente la comp etencia deben notificarse a la TCC dentro de los siete días 
siguientes a la fecha de la fusión.  
Question  
¿Las llamadas killer acquisitions  caen dentro de los  supuestos contemplados para el control ex post  
de concentraciones que puedan reducir sustancialmente la competencia?  
[Do the "killer acquisitions" fall within the assumptions contemplated for ex post control of 
concentrations that can substantially reduce competition? ] 
Answer  
Currently, the Trade Comp etition Commission (TCC) have not found the anti -competitive issue of 
killer acquisition in Thailand. However, if there are any conducts of M&A which will substantially 
reduce competition in the market, the OTCC will enforce the Trade Competition Act of 20 17 against 
such anti -competitive M&As, particularly section 51 paragraph one prescribing that any business 
operator conducting a merger which may substantially reduce competition in a market under the 
criteria prescribed in the Commission ' s notification s hall notify the outcome of such merger to the 
Commission within seven  days from the date of merging, as well as the Announcements of Trade 
Competition Commission on the topic of Criteria, Procedures and Conditions in Requesting for the 
Permission and the P ermission for Business Merging B.E. 2561 (2018).  
Cuadro 3.25 , Página 113  
Infracciones: Abuso de posición dominante en el mercado. Sanciones Penales: 1. Pena de prisión de 
dos años como máximo; o 2. Multa no superior al 10% de la cifra de negocios registrad a en el año 
en que se cometió la infracción; o 3. Ambas.  
Question  
¿Se contempla solicitar la pena de prisión en todos los casos de abuso de posición dominante o sólo 
se busca esta sanción en la presencia de causales agravantes?; ¿En el segundo caso; cuáles son 
esas agravantes?  
[Is the prison sentence applied in all cases of abuse of a dominant position or is this sanction only 
applied in the case of aggravating causes? In the second case; what are these aggravating factors? ] WT/TPR/M/ 400/Add.1  
 
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 Answer  
The imprison senten ce is not apply to all abuse of dominant cases, only applied in the case of 
aggravating cause. However, the sentence implementation will depend on the court 's direction.  
Párrafo 3.210 , Página 113  
La Ley de 2017 también prevé la posibilidad de utilizar medi os privados para lograr la observancia. 
Concretamente, quienes sufran daños por infracciones previstas en la Ley tendrán derecho a 
entablar una demanda y a presentar una reclamación por daños y perjuicios. La Comisión de 
Protección del Consumidor, o cualqu ier asociación o fundación reconocida por la Comisión en virtud 
de la Ley de Protección del Consumidor, está facultada para iniciar reclamaciones por daños y 
perjuicios en nombre de los consumidores.  
Question  
• ¿Se prevé que la incorporación del derecho privado de acción disminuya los incentivos que 
encuentran los agentes económicos para colaborar en investigaciones a fin de obtener los 
beneficios de inmunidad y reducción de multas contemplados en la Ley?  
• ¿Existe la posibilidad, de que la autorida d de competencia participe como amicus curiae en 
demandas civiles por daños generados por conductas anticompetitivas?  
[Is it expected that the incorporation of the private right of action reduces the incentives that 
economic agents find to collaborate in i nvestigations in order to obtain the benefits of immunity and 
reduction of fines contemplated in the Law? ] 
Answer  
Usually a criminal offense, if there is damage, the private can sue for compensation. Even though 
the law allows the incorporation of the priv ate right to prosecution to claim compensation from an 
action that violates competition law, the case has never been conducted in Thailand. Therefore, we 
still cannot speculate that the incorporation of the private right will obstruct the investigation 
process. Nevertheless, it is noted that the criminal offense for economic agent is a serious 
punishment and has a negative impact to business that subjects to other law.  
Question  
[Is it possible for the competition authority to participate as Amicus Curiae in  civil lawsuits for 
damages generated by anti -competitive conduct?  
Answer  
It is not possible, since Thailand law system does not prescribe the section of Amicus Curiae in the 
Trade Competition Act B.E. 2560 (2017).  
Párrafo 4.131 , Página 164  
Question  
¿En qué consistieron las modificaciones realizadas a la reglamentación de los servicios de 
radiodifusión y telecomunicaciones, que se llevaron a cabo en 2017 y 2019?  
[What were the modifications made to the regulation of broadcasting and telecommunications 
services, which were carried out in 2017 and 2019?]  
Answer  
Modifications of the Act on the Organization to Assign Radio Frequency and to Regulate the 
Broadcasting and Telecommunications Services : WT/TPR/M/ 400/Add.1  
 
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 1. The major modifications made in 2017 t o the Act on the Organization to Assign Radio Frequency 
and to Regulate the Broadcasting and Telecommunications Services were as follows:  
1.1. Empowering the NBTC to reclaim unused or used but undervalued spectrums from an 
existing licensee for relocation  with the provision of appropriate compensation for the affected 
license .  
1.2. Providing exemption from spectrum auction for telecommunications services in the case 
where spectrums are sufficient for usage or are to be used for non -commercial purposes as 
criteria prescribed in advance by the NBTC . 
1.3. Authorizing the NBTC to prescribe licensing conditions requiring spectrum sharing 
between the licensee and other parties, to the extent that the spectrum sharing will not 
interfere or compete with the licens ee. 
2. The major modifications made in 2019 to the Act on the Organization to Assign Radio Frequency 
and to Regulate the Broadcasting and Telecommunications Services were as follows:  
2.1. Granting the NBTC the authority in regulating satellite business and  granting the right of 
orbital slot usage as well as the landing rights for the operation in Thailand . 
2.2. Providing exemption from spectrum auction for telecommunications and broadcasting 
services in the case where spectrums are sufficient for usage or a re to be used for public 
interest, state security, or non -commercial purposes as criteria promulgated by the NBTC . 
2.3. Prohibiting the transfer of a frequency license to any other person without prior approval 
from the NBTC. The criteria and fees for the transfer of a frequency license must be 
promulgated in advance by the NBTC.  
2.4. A spectrum licensee can use the assigned spectrum for converged services in accordance 
with a spectrum management master plan formulated by the NBTC . 
Remark: 2.2 – 2.4 has no t yet come into force until the royal decree implementing such provisions 
is enacted.  
Párrafos 4.132 , Página 165  
Question  
¿Cuáles son las atribuciones del nuevo Ministerio de Economía y Sociedades Digitales?  
[What are the powers of the Ministry of Digital Economy and Society? ] 
Answer  
Powers and Duties  
According to the Reorganization of Ministry, Sub -Ministry and Department Act (No.  17), B.E. 2559 
(to establish the Ministry of Digital Economy and Society) Chapter 8/1 Section 21/1, the Ministry of 
Digital Economy and Society shall have powers and duties relating to planning, promoting, 
developing and carrying out functions on digital economy and society; meteorology; statistics; and 
other civil service prescribed by law to be the powers and duties of t he Ministry of Digital Economy 
and Society or its affiliated government agencies.  
Missions  
1) Proposing national plans, policies and laws relating to digital economy and society 
development, meteorology and statistics including cybersecurity.  WT/TPR/M/ 400/Add.1  
 
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 2) Develop and manage telecommunication networks for the national development of digital 
economy and society.  
3) Promote the usage of technologies, innovation, and research, and encourage digital capacity 
development to raise the country 's competitiveness and to improve qua lity of life.  
4) Promote the usage of digital technology to elevate governmental operations and transform it 
into Digital Government.  
5) Manage the country 's statistical system to aid the decision -making process and promote 
meteorological development for its eff ectiveness and modernization.  
6) Regulate, monitor and evaluate national plans, policies, and laws relating to digital economy 
and society development, meteorology and statistics including cybersecurity.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/S/400  
Párrafos 3.97 , Página 26  
Question  
Se podrían describir cuáles han sido las medidas que se han implementado durante la contingencia 
sanitaria derivada de la pandemia de COVID – 19 en relación al acceso a Internet de banda ancha, 
las tarifas y condiciones de pago especiales para los servicios de telecomunicaciones.  
[Could Thailand describe the measures that have been implemented during the health contingency 
derived from the COVID -19 pandemic in relation to broadband Internet access,  rates and special 
payment conditions for telecommunications services?]  
Answer  
Ministry of Digital Economy and Society, TOT Public Company Limited, and CAT Telecom Public 
Company Limited supported Work from Home measure by offering three - month free servi ce for 
home internet package. This free of charge service will be enabled after network installation through 
31 July 2020. Including the monthly fee reduction, payment due date extension, speed upgrade and 
service suspension without penalty etc.  
To support  the Government policy on “Working from Home”, the National Broadcasting 
Telecommunications Commission (NBTC) has worked with five telecommunication service providers 
to provide the following assistance during the COVID -19 outbreak to mobile users.  
1. Providing extra 10GB to mobile phone users who currently have the Internet package 
not more than 10GB for free of charge.   
2. Providing fixed Broadband users who currently have speed below 100 mbps will 
automatically be upgraded to 100 mbps. for 30 days from 10 April 2020 onwards.  
3 Offering 100 minutes ' voice calls for 45 days for free of charge to mobile users per 
number per operator. Mobile users will be able to register from 1 to 15 May 2020. It 
applies to both prepaid and postpaid mobile users. However, subscriptions by foreigners 
or corporate names are not eligible for the scheme . 
  WT/TPR/M/ 400/Add.1  
 
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 MYANMAR  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Question 1  
In the Secretariat Report of Thailand 's 8thTrade Policy Review, the following facts have been 
mentioned as follows:  
(a) In chapter  2 (Trade and Investment Regimes) , page  41, paragraph 2.35, it is 
mentioned, "Since April 2015, Thailand has granted duty -free quota -free access to its 
market for imports from least developed countries ". 
(b) In chapter  3 (Trade Policies and Practices by Measures),  page 51, paragraph 3.18, it is 
mentioned, "Thailand notified to the WTO its preferential rules of origin for least 
developed countries (LDCs): according to th e list specified by the Ministry of Finance, 
goods originating from LDCs are subject to duty -free quota -free access to Thailand 's 
market ". 
(c) In chapter  3(Trade Policies and Practices by Measures), page  56, paragraph 3.33, 
line 1-2 and 5 -6, it is mentioned, "Thailand provides tariff - and quota -free access to 
practically all goods originating in ASEAN partners under the ASEAN Trade in Goods 
Agreement (ATIGA) ","Furthermore, Thailand provides duty -free and quota -free market 
access for imports from LDCs ". 
(d) In chapt er 2 (Trade and Investment Regimes) , page  40, paragraph 2.26, it is 
mentioned, "Over the review period, ASEAN member States continued to advance 
towards deeper economic integration. In the area of trade in goods, as a result of further 
trade liberalization  under the ASEAN Trade in Goods Agreement (ATIGA), 98.6% of 
import tariffs on intra -ASEAN trade had been eliminated by 2019 ". 
As it is known by all WTO members, Myanmar is an LDC country and also one of the ASEAN Member 
States. According to the facts menti oned in the above paragraph 1 (a) (b) (c) and (D), all Myanmar 's 
export commodities to Thailand are eligible for duty -free quota -free access. However, Ministry of 
Commerce of the Republic of the Union of Myanmar has often been informed by local traders tha t 
they have been encountering difficulties in exporting some of major exported commodities such as 
Corn, Yellow Maize, Onion and Garlic in certain months.  
In this connection, we would like to know whether Thailand has granted duty -free quota -free access 
to its market for imports from Myanmar just like the imports from other least developed countries 
as mentioned in chapter  2 (Trade and Investment Regimes), page  41, paragraph 2.35.  
Myanmar would also like to know whether Thailand imposed any restri ctions  for Myanmar 's exported 
commodities (Thailand 's imports from Myanmar), and, if so, we would like to seek clarity on whether 
such restrictions are in line with existing WTO rules and regulations or other bilateral or regional, 
initiative.  
Answer  
Thailand's duty -free quota -free scheme is granted to the extent of goods originating from the least 
developed countries as specified in the list published by the Ministry of Finance.  
Question 2  
In the Secretariat Report, "Table 3.8 " mentions the list of product s subject to other import 
requirements, in which the importation of logs, wood and all wooden products (imported into 
Thailand alo ng the Thai -Myanmar and Thai -Cambodia borders)" requires a certificate of origin or 
evidence of approval to export from the ex porting country. Regarding this measure Myanmar would 
also like to know the reason for choosing only two border points (Thai -Myanmar and Thai -Cambodia) 
among countries bordering Thailand and Myanmar also would like to request the notification of this 
measu re. WT/TPR/M/ 400/Add.1  
 
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 Answer  
The selection is based on countries (Myanmar and Cambodia) negotiations with Thailand. The 
notification of this measure is the Ministry of Commerce Notification A.D. 2005.  
Question 3  
Summary , Para 13 
Export duties are levied on a few goods; although in most cases they are not applied in practice, the 
persistence of relatively high statutory export taxes remains an element of uncertainty for traders. 
Some products are prohibited from exportation and, du ring the COVID -19 pandemic, 
export bans on bird eggs and surgical masks were adopted, with the ban on the latter still 
in place . (and)  
Paragraph (3.65), during the COVID -19 pandemic, Thailand notified to the WTO its temporary export 
prohibition measures for bird eggs and surgical masks. The exportation of bird eggs was prohibited 
from 26 March to 30 April 2020, and the exportation of surgical masks is prohibited for one year 
since 5 February 2020.  
Myanmar finds that:  
The statement in the Governme nt Report 3.97 which states that Thailand has adopted Trade -related 
measures such as Export restriction  of surgical masks to ensure adequacy of the products.  
The Secretariat Report 's Para 13 & 3.65 state that "the exportation of surgical masks is prohibite d 
for one year since 5 February 2020 ".  
Myanmar would like to get clarification the difference of export restriction in Government Report & 
Exportation prohibition in Secretariat report. The two reports should be consistent.  
Answer  
According to the Notification of the Central Committee for Prices of Goods and Services No. 17 
B.E. 2563 dated 30.06.2020, Thailand has imposed the export restriction on surgical masks from 
5 February 2020 -3 February 2021 to ensure adequacy of the products as they are the vital tools for 
tackling the COVID -19 pandemic. (HS Code, 63079040 and 63079090)  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
Question 1  
In the paragrap h (3.97), it is mentioned that Additionally, various measures related to trade and 
investment have been implemented temporarily as follows : 
(a) Trade -related measures: (1) Tariff exemption for essential products, such as surgical 
masks, (2) Export prohibition of bird eggs to prevent the critical shortage , (3) Export 
restriction of surgical  masks to ensure adequacy of the products,  and (4) Exemption 
of conformity assessment for licensing to import for sale industrial products.  
Myanmar understands that:  
Masks, including N95 Particulate Respirators, are included in the WCO & WHO 's indicative list for 
COVID -19 Pandemic.  
Declaration of the Special ASEAN Summit on Coronavirus Disease 2019 (COVID -19) tasked our 
Economic Ministers and Senior Economic Officials to explore an arrangement to preserve supply 
chain connectivity, particular ly amongst ASEAN Member States, for the smooth flow of essential 
goods, including medical, food and essential supplies; and refrain from imposing unnecessary 
restrictions on the flow of medical, food and essential supplies.  WT/TPR/M/ 400/Add.1  
 
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 Thus, Myanmar would like to get clarification:  
Is there any exemption for regional FTAs such as ATIGA regarding the Export restriction of 
surgical masks to ensure adequacy of the products?  
Is there any exemption for regional FTAs such as ATIGA regarding the Export restriction of surgical  
masks to ensure adequacy of the products?  
Answer  
The measure is temporary and in conformity with the rights and obligations under the WTO 
Agreement as well as the FTAs to which Thailand is a party, including the ATIGA.  
  WT/TPR/M/ 400/Add.1  
 
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 NEW ZEALAND  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3.5  Government procurement  
3.3.5.2  Legislation, general policies and institutional arrangements  
WT/TPR/S/400, Page  91 
Paragraph 3.182 of the Secretariat 's report notes that the main development in the area of 
government procurement was the enactment of new legislation, namely the Public Procurement and 
Supplies Administration Act B.E. 2560, in August 2017. Paragraph 3.186 of the report goes on to 
state that Thailand does not allow direct cross -border participation of foreign suppliers in its 
government procurement contracts.  
Questions  
Is direct cross -border participation of foreign suppliers in its government procurement contracts 
prohibited by  the new legislation and if so, could Thailand please advise which specific section or 
sections of the Act do that?  
If direct cross -border participation of foreign suppliers in its government procurement contracts is 
not specifically prohibited by the new  legislation, what actions would Thailand need to take in order 
to permit direct cross -border participation of foreign suppliers in its government procurement 
contracts?  
Answer  
The Public Procurement and Supplies Administration Act B.E. 2560 (2017) does no t mention about 
direct cross -border participation of foreign suppliers.  
The Public Procurement and Supplies Administration Act B.E. 2560 (2017) does not mention about 
direct cross -border participation of foreign suppliers. It depends on the requirement of procuring 
entities whether to procure products from overseas suppliers. Foreign suppliers that would like to 
participate in government procurement have to register in procurement system by submitting 
registration form in -person at the Comptroller General 's Department. In term of international 
procurement, Regulation of Ministry of Finance on public procurement and supplies administration 
B.E. 2560, Clause 60 explained that : 
1) The state agencies provide a draft of scope of work or specifications of supplies or  
construction plan to be procured.  
2) Provision of procurement documents for the international price tender method and 
solicitation notifications shall be at the discretion of the head of State agency whether 
to be in the Thai or English language.  
3) The publica tion of notifications or procurement documents shall be published for at least 
30 consecutive business days.  
Regarding to doing business in Thailand, foreign suppliers have to follow Foreign Business Act 
B.E. 1999 (2542).  WT/TPR/M/ 400/Add.1  
 
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 4 TRADE POLICIES BY SECTOR  
4.1.3  Agricultural policies  
4.1.3.2  Border measures  
WT/TPR/S/400, Page  116, Paragraph 4.14  
Paragraph 4.14 of the Secretariat 's report notes that Thailand 's "agriculture sector receives more 
trade protection than the rest of the economy. Various trade policy tools have been used at the 
border, including tariffs, surcharges, tariff quotas, import and export licencing on SPS grounds and 
export taxes. " 
Question  
How does Thailand ensure the transparency and predictability of the trade policy tools being app lied 
at the border for agricultural trade?  
Answer  
The import and export measures on agricultural products will be regulated and published in the 
Government Gazette. The effective date of each measure will state clearly in the regulations, for 
example immed iately effective, effective after being published in the Government Gazette and 
effective within a specified period. The effective date determined regarding to the sensitivity of each 
agricultural product and current situation.  
4 TRADE POLICIES BY SECTOR  
4.1.3 Agricultural policies  
4.1.3.2  Border measures  
WT/TPR/S/400, Page  117, Paragraph 4.19  
Paragraph 4.19 of the Secretariat 's report notes that "Quota fill rates vary significantly " and that 
"Quotas may be allocated (i) on a demand basis, first-come and first -served; (ii) to manufacturing 
companies using the imports under quota as inputs for their production; or (iii) to specific 
organisations or associations " 
Question  
What steps is Thailand taking to improve tariff quota administration to provide a commercially 
reliable import arrangement setting for agricultural trade?  
Answer  
Since 2018, Importers can apply quota allocations online through our electronic system called 
e-Quota. e -Quota system will support and facilitate importers as well as reduce paper processing. 
Moreover, Department of Foreign Trade will continue to develop our system to enhance the 
effectiveness and reliability.  WT/TPR/M/ 400/Add.1  
 
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 4 TRADE POLICIES BY SECTOR  
4.1.3  Agricultural policies  
4.1.3.2  Border measures  
WT/TPR/S/400, Page  119, Paragraph s 4.25-26 
In paragraph s 4.25-26 of the Secretariat 's report notes that "Thailand notified the WTO that it did 
not provide any export subsidies to agricultural products from 2015 to 2019 " but that "during the 
global outbreak  of COVID -19, exports of bird eggs of fowls [] were prohibited for seven days. "  
Question  
Does Thailand intend to put in place further COVID -19 related measures and if so, would they be 
assessed based on the principles of  being necessary, targeted, proport ionate, transparent and 
temporary?  
Answer  
Due to the situation of the COVID -19 pandemic during March -April 2020, domestic consumption 
behaviours had changed because people needed to ensure stable livelihood, causing demand of 
necessary products to increase tremendously. The demand of eggs was no e xception, and at the 
time there was higher consumption than that in normal situation and even higher than daily 
production. Therefore, the Central Committee on Prices of Goods and Services (CCP) issued two 
notifications, dated 26 March 2020 and 1 April 202 0, regarding export restriction on chicken eggs 
with aims to prevent critical shortage in the domestic market resulting from the global outbreak of 
the COVID -19. Thailand applied the export restriction measure to bird egg pursuant to Article XI, 
paragraph 2(a) of GATT 1994 and in accordance with Article 12, paragraph 1 (b) of the Agreement 
on Agriculture. The measure was assessed it is necessary, transparent, and temporary. It was 
applied between 2 April 2020 and 30 April 2020. Currently, the measure is alr eady expired. 
Afterward, because the situation of the pandemic in Thailand improved, Thailand has not yet issued 
another export restriction measure.  
Regarding surgical masks, on 4 February 2020, the CCP issued a notification listing surgical masks 
as a "Co ntrolled Good." Later on 2 April 2020, the CCP imposed a measure requiring exportation of 
surgical masks to obtain a permission letter from the Sub -Committee on Integrating Supply 
Management for Prevention, Control or Cure of Coronavirus Disease 2019 (COVI D-19). In any event, 
at present, Thailand 's surgical mask production capacity has increased, but we are still in need of 
continuing to monitor spread of the disease in other countries which has lately become quite serious. 
Thailand plans to review this res triction measure in early January 2021.  
4 TRADE POLICIES BY SECTOR  
4.2.3  Fisheries policies  
4.2.3.3  Domestic support  
WT/TPR/S/400, Page 125  
Paragraph 4.51 of the Secretariat 's report notes a number of support measures to the fisheries 
sector, in the form of soft loans or grants (Table 3.19).21 These include mainly programmes to help 
fishermen and fishing vessel owners affected by the Government 's measures to combat IUU fishing 
(Section 4.2.1).  
Questions  
What steps has Thailand taken to ensure that pay ments made under the vessel buy -back programme 
in 2016 and the compensation programme in 2019 have not been used by recipients to increase 
fishing capacity?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thai government take steps as follows:  
1) Run the push net vessels buy -back scheme, all participated fleets are set to be 
submerged to build artificial reefs near the scale artificial reefs construction of Thailand 
to avoid problems of navigation and fishing in shallow water.  
2) Run the Compensation scheme by divided payment in two phases. For t he first phase, 
first range the government had proceed the compensation to 252 participating vessels 
already and forwarded all of them into dismantling operations.  
3) Both two schemes outcome is the process to carry the affected vessels and vessels 
participat ing entirely out of the fishing industry. All schemes that include building 
artificial reefs from vessels sunk and Ship dismantling were inspected by authorities in 
every step rather to ensure that these vessels will not return in fishing business.  
4) The co mpensation scheme set payment conditions as follows:  
The first installment of compensation will be paid 30 % of appraised value when the 
owner of a vessel executed a vessel demolition contract with the Provincial Fisheries 
Office and agreed by the Working G roup on vessel buy -back and compensation scheme. 
The last installment of compensation will be paid 70 % of appraised value after the owner 
of a vessel had finished vessel demolition 's process and agreed by the Working Group. 
Breach of contract within a spec ified time will fail to receive the last installment and 
shall have to return 30 % of first installment to the Department of Fisheries.  
Question  
What measures has Thailand enacted so that fishers found to have committed IUU fishing do not 
benefit from domestic support programmes?  
Answer  
1. Thai government takes all actions within the framework of the law. There 's a committee to 
consider on every s tage. One decision is not a verdict, therefore a justice in consideration is well 
assured.  
2. A Special committee, subcommittee and working group are appointed to verify profile, validity of 
documents and qualifications of vessel 's owner and fleets. The c onditions of vessels to participate in 
buy-back vessel scheme are legal practice and not showing in IUU lists according to the 
announcement of the Department of Fisheries and the Regional Fisheries Management Organizations 
(RFMOs) and not showing in the Wa tch list of the Thai Marine Department.  
3. Once documents consideration are processed; the ship 's valuation will work in next step and 
request the budget from the cabinet 's approval. Then, the compensation will be paid to the owner 
of vessel. Every step ha s criteria set by those who have the knowledge, abilities and responsibilities 
of each faculty in accordance with their assigned duties.  
4. Hence, the compensation paid to vessels following these both schemes are not involving to IUU 
fishing vessels.  WT/TPR/M/ 400/Add.1  
 
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 QUEST IONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.3 Regional Trade Arrangements and Economic Cooperation  
3.3.3  APEC  
WT/TPR/G/400, Page 25  
Paragraph 3.108 of Thailand 's Country Report notes "Thailand supports the final assessment of the 
Bogor Goals which could be served as a guideline to improve the narrative of trade and investment 
in our region and provide recommendation on APEC 's regional economic integration in the future. 
Hence, Thailand joined APEC Member Economies to undertake Individual Action Plan Update for 
2019-2020 to provide improvements made since 2018 and future works planned for 2020 and 
beyond. " 
Question  
New Zealand notes that  the liberalisation of tarif fs on environmental goods (as mandated through 
APEC's Environmental Goods List of 2012) is one of the tangible tariff commitments APEC economies 
have made in supporting the Bogor Goals. New  Zealand welcomes Thailand 's efforts towards 
implementing this to d ate. We are interested to hear of Thailand 's plans for completing this process.  
Answer  
Thailand has been working towards full implementation of the commitment to reduce tariffs to 5% 
for all products on the EGL. However, the process has been delayed internally due to the COVID -19 
pandemic.  
  WT/TPR/M/ 400/Add.1  
 
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 NORWAY  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Reference is made to WT/TPR/S/400 para 4.193 regarding a cargo reservation for government cargo 
and the possibility for waivers as described in WT/TPR/M/326/Add.1/Rev.1 (pages 76 and 77) during 
TPR 2015.  
Question  
1. Could Thailand provide information on the use of the waiver possibility for government cargo 
in terms of the number of waivers in recent years and the share (percentage) of cargo ca rried by 
Thai vessels and foreign vessels respectively?   
Question  
2. Likewise, could Thailand provide information on the number of waivers issued in recent 
years for domestic maritime transport (cabotage) for foreign flagged vessels?  
Answer for Q1-Q2 
To obtain exemption from the cargo reservation measure, which requires imported government 
cargo to be carried by Thai flag vessels available on mandatory shipping routes, the Marine 
Department must verify before granting exemption to make sure that no Thai f lag vessels are 
available for services on such shipping routes at the time goods are ready for loading. However, 
there are certain goods which are not required to be carried by Thai flag vessels or seek permission 
to use non Thai -flag vessels as follows:  
1) Petroleum and petroleum products.  
2) Imported government cargo under foreign loans with a condition on transport means, 
which makes it impossible to use the service of Thai -flag vessels.   
3) Small shipments with inexpensive freight charges. The first category is imported 
government cargo from (1) Japan (2) Republic of Korea (3) Chinese Taipei  
(4) Hong Kong, China  (5) Singapore (6) People 's Republic of China and (7) Malaysia, 
each shipment of which does not exceed 1,000 kilograms in terms of weight or 1 cubic 
meter  in terms of volume, with freight charges not exceeding 2,500 Baht. The second 
category is imported government cargo from (1) European countries: Norway, Sweden, 
Finland, Denmark, United Kingdom, Ireland, Germany, Netherlands, Belgium, France, 
Spain, Portu gal, Italy and (2) United States, each shipment of which has the same 
weight and size as the first category, but the freight charges not exceeding 5,000 Baht.   
4) Imported government cargo that need transshipment on the following shipping routes 
and under spe cific circumstances:  
(1) All shipping routes, provided that such cargo are loaded in LCL containers together 
with other cargo which are not required to be carried by Thai -flag vessels and such 
containers are loaded at the port not located on the mandatory shipping routes.   
(2) On the European shipping routes: Norway, Sweden, Finland, Denmark, 
United  Kingdom, Ireland, Germany, Netherlands, Belgium, France, Spain, Portugal, and 
Italy, before transshipment to Thailand.  
If Thai -flag vessels are not av ailable to provide services, the government authority/agency or its 
contract party is required to seek permission to engage services provided by non Thai -flag vessels 
from the Marine Department no less than 10 days before imported goods are loaded. After r eceiving 
such request, the Marine Department will contact Thai shipowners/operators to see whether any 
Thai-flag vessel or chartered foreign vessel is available to transport imported goods to Thailand. If 
the Department receives a reply from a Thai shipown er/operator that he has a Thai ship available 
to provide service, the Department will not grant permission to the requested government WT/TPR/M/ 400/Add.1  
 
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 authority/agency or its contract party and insist that the requested government authority/agency or 
its contract party mu st engage the service provided by the reply shipowner/operator. On the other 
hand, if the Department receives no reply from Thai shipowners/operators, it will grant permission 
to the requested government authority/agency or its contract party for the use o f non Thai -flag 
vessel to transport imported goods to Thailand.  
When the non Thai -flag vessel arrives at a port in Thailand, the government authority/agency or its 
contract party must notify the Marine Department of such arrival. If any government 
authori ty/agency or its contract party does not use the service of Thai -flag vessel or chartered 
foreign vessel or does not seek permission to use non Thai -flag vessel from the Marine Department, 
such government authority/agency or its contract party is required to pay a special fine to the Marine 
Department.  
Cases of exemption (permission granted for engaging non Thai -flag vessels to transport imported 
government cargo to Thailand) during 2017 – 2019 and percentage of cargo carried by Thai -flag 
vessels and non Th ai-flag vessels are as follows:  
Year No. of voyages  Total  Share of cargo carried (%)  
Thai-flag Non Thai -flag Thai-flag Non Thai -flag 
2017 37 4,549  4,586  0.81 99.19  
2018 90 4,993  5,083  1.77 98.23  
2019 47 5,092  5,139  0.91 99.09  
Source:  Maritime Regulatory Division, Marine Department . 
 
  WT/TPR/M/ 400/Add.1  
 
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 PERU  
Question  1 
¿Qué porcentaje de los trabajadores de las empresas tailandesas que se involucran en el comercio 
internacional, es mujer? ¿Qué puestos/cargos son ocupados predominantemente por mujeres den tro 
de dichas empresas?  
[What percentage of the people working in Thai companies involved in international trade is female? 
What positions are most commonly held by women in such companies ?] 
Answer  
Thailand does not have the requested data. However, we have statistics on employment by sector 
and sex as of Q3/2019 shown in the table below.  
Unit: Thousands  
Sector  Q3/2019  
Male 
Employee  Female 
Employee  
Total  9,666.8  8,050.5  
1. Agriculture, forestry and fishing  948.5  588.2  
2. Mining and quarrying  40.2 14.8 
3. Manufacturing  2,477.5  2,101.8  
4. Electricity, gas, steam and air conditioning supply  95.2 28.0 
5. Water supply; sewerage, waste management and remediation activities  58.4 29.4 
6. Construction  1,262.1  248.6  
7. Wholesale and retail trade; repair of motor vehicles and motorcycles  1,331.8  1,165.5  
8. Transportation and storage  537.4  189.3  
9. Accommodation and food service activities  352.5  632.9  
10. Information and communication  104.2  72.3 
11. Financial and insurance activities  189.8  279.3  
12. Real estate activities  56.4 73.3 
13. Professional, scientific and technical activities  112.1  149.0  
14. Administrative and support service activities  284.0  220.2  
15. Public administration and defence, compulsory social security  957.9  595.0  
16. Education  360.0  751.7  
17. Human health and social work activities  132.0  469.8  
18. Arts, entertainment and recreation  60.1 57.9 
19. Other service activities  230.5  179.2  
20. Activities of households as employers; undifferentiated goods and services -
producing activities of households for own use  41.6 169.6  
21. Activities of extraterritorial organizations and bodies  2.6 1.8 
22. Unknown  32.0 32.8 
Source:  National Statistics Office . 
Question  2 
¿Qué acciones públicas y/o privadas, internacionales o nacionales, se han llevado a cabo en Tailandia 
para fomentar una mayor participación de la mujer en la economía y en particular en el comercio 
internacional?  
[What measures have been taken to increase  participation of women in the economy, particularly in 
international trade? ] 
Answer  
The Federation of Business and Professional Women 's Associations of Thailand Under the Royal 
Patronage of H.M. The Queen (BPW Thailand) is one of the business partners of Department of 
Women 's Affairs and Family Development (DWF), Ministry of Social Development and Human 
Security (MSDHS). BPW Thailand became an associate member BPW International in 1976. Since 
the beginning, BPW Thailand has continuously carried on its acti vities and objectives with 
development the professional, business and leadership potential of women on all levels through WT/TPR/M/ 400/Add.1  
 
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 advocacy, mentoring, networking, skill building and economic empowerment programs and projects 
around the world.  
As acknowledged Thail and as a member of ASEAN and also the DWF as the focal point of ASEAN 
Committee on Women (ACW) of Thailand, MSDHS carries out the implementation of the ASEAN 's 
regional key priorities in women 's issues and also the cooperation and the promotion of Women 
Entrepreneurs ' Network. So, BPW Thailand has been cooperated as the ASEAN Women 
Entrepreneurs ' Network of Thailand (AWEN - Thailand) that aims to work with other international 
and regional networks of women entrepreneurs or AWEN with the objective of exchang ing experience 
and developing new initiatives to promote economic and trade activities for women in order to 
enhance and strengthen their skill of entrepreneurship at the national level as well as international 
level.  
Question  3 
¿Podría Tailandia endosar p róximamente la Declaración Conjunta sobre Comercio y Empoderamiento 
Económico de la Mujer en la OMC, o participar en el Grupo de Trabajo informal de la OMC que busca 
compartir prácticas y métodos para fomentar el empoderamiento económico de la mujer y su 
participación en el comercio?  
[Could Thailand soon endorse the Joint Declaration on Trade and Economic Empowerment of Women 
in the WTO, or participate in the WTO informal Working Group that seeks to share practices and 
methods to promote the economic empowe rment of women and their participation in the economy? ] 
Answer  
Department of Women 's Affairs and Family Development (DWF), Ministry of Social Development and 
Human Security, Thailand, has never participate in the WTO informal Working Group to share 
practic es and methods on the said above issues. However, DWF is the principle national mechanism 
for the promotion of gender equality and women 's empowerment, is assigned to be the secretariat 
of the National Committee on the Policy and Strategy for the Advanceme nt of Women, the convener 
of the National Women Assembly, as well as to monitor the implementation of the Chief Gender 
Equality Officers and the Gender Focal Points. The DWF is the national focal point for mainstreaming 
and implementing obligations and sta ndards under the CEDAW, BPfA and SDG 5.  
Women 's Economic Empowerment Implementations are related to some issues of Joint Declaration; 
the examples are as following:  
1. Gender -Responsive Budgeting  
In accordance with the Constitution of 2017, there has been operationalized the concept of Gender -
Responsive Budgeting (GRB) through the following measures:  
At the policy level, the Checklist and Gender Responsive Budgeting Manual has been developed and 
incorporated in the National Budgeting System. The Annual Budget Expenditures Act for 
Fiscal  Year 2019 was developed while taking into account the different needs based on gender, age 
and conditions of persons according to the Constitution. In addition, we are working with the 
Organization for Economic Co -operation and Development (OECD) on a project in advancing budget 
reform through the Budgetary Governance Review under OECD 's Thailand Country Programme to 
analyze and oversee that budgetary im plementation is aligned with public goals and on another 
project in developing a Gender Budgeting Action Plan.  
At the operational level, Thailand has taken several initiatives to build capacity on gender -responsive 
budgeting through existing mechanisms suc h as through Chief Gender Equality Officers and Gender 
Focal Points, local government organizations, women 's networks, and CSOs. Budget needs 
assessment is supported by the Gender Analysis Matrix.  
2. The collection of gender – disaggregated data  
Supporting  the government sector in collecting sex disaggregated data, for analytical purpose and 
for formulating gender - sensitive policies as well as for monitoring progress made in the realization WT/TPR/M/ 400/Add.1  
 
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 of gender equality. These are set in The Constitution of Thailand  2017 which included budget 
allocation for policies and projects designed to enhance gender equality or Gender Responsive 
Budgeting (or GRB).  
3. Gender - based discrimination Protection  
Promulgation the 2015 Gender Equality Act, to protect everyone from ge nder - based discrimination. 
Under this Act, the Committee on the Determination of the Unfair Gender Discrimination is in charge 
of tackling gender -based discrimination and compensation measures will be provided for victims of 
such discrimination by the Ge nder Equality Promotion Fund.  
  WT/TPR/M/ 400/Add.1  
 
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 PHILIPPINES  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT  - WT/TPR/S/400  
1 ECONOMIC ENVIRONMENT  
Paragraph  1.7, Page 14  
The COVID -19 outbreak, which hit Thailand in early 2020, has had an adverse impact on the 
economy due  to a sharp decrease in external and domestic demand. The contraction of global trade 
has severely affected Thai merchandise exports and disrupted global supply chains, including the 
automobile sector, which is one of Thailand 's main industries.  
Question  1 
The auto sector is one of Thailand 's top industries. What are the government initiatives to support 
the sector that was globally hit by the pandemic?  
Answer  
The Ministry of Industry has policies to develop and upgrade automotive industry by focusing on 
infrastructure development such as to set up The Vehicle and Tire Research and Testing Center 
(ATTRIC), to promote investment and innovation for modern automotive and to develop human 
resources in order to maintain the leadership position in production of international standard modem 
vehicle in Southeast Asia and Oceania region. The Ministry of Industry has not yet provided any 
specific measure to support automotive sector because of the COVID -19 pandemic.   
Paragraph  1.25, Page  21 
The Ministry of Finance is  currently drafting a tax reform plan that will include changes to tax policy 
and tax administration. The main objectives of the tax reform plan are: (i) to make the tax system 
fair and transparent; i.e. with a tax structure that reduces income inequality,  with clear rules and 
regulations to minimize authorities ' discretion and to fight against corruption; (ii) to make the tax 
system easy and efficient by using advanced technologies (e.g. National e -Payment, e -Tax Invoice, 
e-Receipt, e -Withholding Tax, and income tax returns via PromptPay); and (iii) to make the tax 
system competitive and sustainable with competitive tax rates to attract investors while still 
generating sustainable revenues for the future.  
Question  2 
Is the tax reform proposal still being considered by the executive and legislative bodies in light of 
the COVID -19 pandemic? Further, will the reform include changes in the incentives and tax rates for 
manufacturing companies?  
Answer  
Due to the COVID -19 situations, Thailand 's Ministry of Finance is now revising the tax reform plan 
to make it more suitable to the country 's social and economic conditions after the pandemic. The 
tax reform plan aims at further enhancing fiscal sustainability to allow the government to sufficiently  
respond to the pandemic and strengthening the tax system in the medium term. This will enable the 
government to deal with major challenges including moving towards an aging society, budget 
allocation to welfare programs for low income earners and more inv estment on public infrastructure. 
Furthermore, for manufacturing companies, the reform will improve the tax structure and adjust tax 
rates for various tax types to help relieve manufacturing companies ' tax burden and to promote 
future investment.   
Addition ally, Excise tax reform (Excise Tax Act B.E. 2560) has  already  been in effect since 
16 September 2017. Currently, the Excise Department is not in the process of tax reform. However, 
the Excise Department has taken measures to reduce the impact of the COVID -19 pandemic situation 
such as to extend the tax payment period, and to set zero tax rate for 95% ethy alcohol as material 
for producing clean and sanitized products, etc. However, these measures have ended. Therefore, WT/TPR/M/ 400/Add.1  
 
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 these measures support private sector  to have money circulate in  the system more than 
THB 19 billion within three  months, further measures will depend on the government 's policy.  
2 TRADE AND INVESTMENT REGIMES  
Paragraph  2.8, Page  34 
Thailand 4.0 is the Government 's key development policy underpinning the National Strategy. Its 
aim is to transform Thailand into a value -added, innovative and knowledge -based economy. 
Thailand  4.0 is based on the following core elements: advancing technology and innovation to 
increase productivity of al ready high -performing industries; developing new technology -based 
industries with great growth potential; enhancing Thailand 's position as a regional hub by upgrading 
its physical infrastructure (ports, road and rail links, and airports); and promoting the  digital 
competitiveness of Thai SMEs. Ten industries have been targeted under Thailand 4.0: the first five 
(called S -curves) are existing industries: next -generation automotive; smart electronics; medical 
and wellness tourism; agriculture and biotechnolog y; and "food for the future". The other five (new 
S-Curve) industries are: robotics; aviation and logistics; biofuels and biochemicals; digital; and 
medical hub. In order to attract investment to these targeted industries, the Government 
implements various  incentives measures (Section 3.3.1)  
Question  3 
What are the key incentive schemes under Thailand 4.0, and how are they designed to contribute 
to achieving policy goals?  
Answer  
Thailand has applied the best practices from other countries to formulate a str ategy under the policy 
of Thailand 4.0. The strategy has been improved aligning with the modern context and also 
developed to attract the foreign companies.  
Thailand Board of Investment provide s both tax and non -tax incentives for promoted companies. An 
example of tax incentive is the exemption from payment of corporate income tax for a certain period , 
exemption of import duty for machinery, exemption of import duty for raw materials used in R&D, 
exemption of import duty for raw materials used in export, and other measures. An example of 
non-tax incentives is the right to bring foreign skilled workers and experts into  Thailand. Incentive 
scheme is designed to attract more investment in activities with advanced technology, with 
innovation and with e nvironmental -friendly process in order to achieve knowledge -based economy 
with sustainable development in line with Thailand 4.0 policy.  
Paragraph  2.12, Page  35 
Thailand 's trade policy is formulated within the broader framework of the 20 -Year National Str ategy 
(2018 -2037) and the NESDP 2017 -2021. In this context, the MoC has issued its own action plan for 
2020-2022. In addition to the objectives and strategies that have guided trade policy since the last 
Review, the current version of the MoC Action Plan i ncludes the objective of "Enhancing Capacity 
Building and International Development Cooperation", aimed at increasing Thailand 's capabilities 
and competitiveness in order to expand its presence in foreign markets, and at enhancing its 
economic partnerships  with key trading partners (Table 2.1). […] The Action Plan also includes a 
strategy for increasing private sector competitiveness through innovation, technologies and 
creativity, and for integrating micro, small and medium -sized enterprises (MSMEs) into g lobal value 
chains.  
Question  4 
Please elaborate further on the initiatives that were undertaken to implement the said Action Plan 
on promoting MSME integration to global value chains.  WT/TPR/M/ 400/Add.1  
 
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 Answer  
To promote MSMEs to become a part of global value chain, Ministry  of Commerce has encouraged 
MSMEs to produce high value -added products by the utilization of innovation, creativity, technology, 
commercialization of research findings, product designing, brands and trademarks creation, and so 
on. These have been in order to make their products become more attractive and valuable. 
Moreover, MOC has created market opportunities through social media, online market channel; built 
consumer 's confidence and encouraged business coalition and networks to be able to integrate 
MSMEs  into Global Value Chain.  
Various programs undertaken by Ministry of Commerce, either on capacity building or marketing 
activities, MSMEs would always be considered as our priority to participate in the programs.  MOC 
has encouraged MSME to take part in tra de fairs with large – size exhibitors, in order to increase 
their opportunities to networking with large enterprises in which most of them are the major 
exporters existed in the global value chain.   
3 TRADE POLICIES AND PRACTICES BY MEASURE  
Paragraph  3.1 and Table 3.1 , Page  48 
"Thailand 's customs procedures are governed mainly by the Customs Act B.E. 2560 (2017), which 
came into force on 13 November 2017.1 The Act, which repealed the Customs Act B.E. 2469 (1926), 
aims to modernize Thailand 's customs l aw by easing customs procedures and bringing more 
transparency. It reduced incentives and rewards to customs officers and whistle -blowers; clarified 
customs offences and statutory penalties; imposed deadlines for post -clearance audits, duty 
evaluation, dut y refunds, and appeals; and created an Appeal Committee, among other aspects 
(Table 3.1). " 
Question  5 
In the old Customs Act, the excessively generous rewards facilitated wrongdoings in customs 
procedures, and introduced biased audits and investigations.  Whereas in the revised new Customs 
Act which aims to modernize Thailand 's customs law by easing customs procedures and bringing 
more transparency, the commission paid to a customs officer or a whistle -blower is limited to 
THB 5 million per case, with a view  to eliminating any possibility of bias or wrongdoing. What are 
the measures being implemented, if any, to ensure that the reduced rewards to the customs officer 
or whistle -blower will prevent erroneous reporting of customs evasion and customs avoidance? A re 
there plans to end this scheme?   
Answer  
According to the Customs Acts B.E. 2560, officers or individuals, who involved in detection of 
customs fraud in any offenses, may be entitled to incentives and rewards. However, incentives and 
rewards shall be paid in proportion and by conditions according to section 255 of the Customs Act. 
Therefore, the Customs Department has issued Customs Regulation on incentives and rewards 
(B.E. 2560) in order to implement the section 255. This regulation rules that reward s shall be paid 
on certain offenses such as in the case of tax leakage. The regulation also determined the further 
criteria for reward payment such as whether the illicit action is exists. The reward payment shall be 
paid only to the eligible person and it  is available after the case is final. The mentioned criteria are 
provided to ensure an efficient reward scheme.  
Furthermore, even with reward scheme or not, the defendant who opposes or needs to appeal 
against the claim of the officer shall have the right to appeal either on classification, valuation, or 
litigation to separate committees consisting of some representatives from outside customs area, 
i.e. prosecutor. These committees could scrutinize the case and decrease defects of customs -offense 
detection from the beginning if any. Nevertheless, we realized that the reward scheme may cause a 
concern to people relating to customs matters. Thus, the Thai Customs Department is handling a 
research project to avoid the conflict of interest in every aspect,  at the same time, to maintain 
whistle -blowers and customs officers ' efficiency of work.  WT/TPR/M/ 400/Add.1  
 
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 Question 6  
It is observed that Thailand 's incentive system has been a cause of serious concern, is there any 
ongoing reforms to eliminate this incentive scheme?   
Answe r 
Currently, Thailand has created the 20 -Year National Strategy.  One of these strategies is to 
rebalance and develop management of public authorities.  This strategy sets the roadmap to modify 
laws and reform anti -corruption system. Pursuant to the 20 -Year National Strategy, the incentives 
and rewards scheme will be studied.  
Question 7  
How does Thailand ensure that the incentive scheme is objectively implemented?  
Answer  
Thailand makes the utmost afford to implement the incentives and rewards scheme transparently 
and equitably. Defendants are enabled to present the evidence against officers.  They can also access 
the appeal process on classification, valuation, and litigation. The payment of incentives and rewards 
is also implemented in conformity with  the customs regulation on incentives and rewards 
(B.E. 2560). These measures will strengthen the awareness of customs officers in the enforcement 
of laws and ensure that the incentives and rewards will be paid accordingly to the law.  
Paragraph  3.13, Page  50 
"Importers may appeal valuations within 30 days to the customs Appeal Committee; the decision of 
the Appeal Committee is final unless the importer raises concerns in a tax court. The Authorities 
stated that, since 2015, 116 appeals have been made. " 
Ques tion 8  
What is the basis of Customs for rejecting a transaction value?   
Answer  
1. Whether sale for exportation to Thailand occur or not.  
2. Whether there is any aspect falling into condition as per No. 16 of the Ministerial regulation for 
determining and using customs valuation BE. 2560, for instance; restriction, price is subject to 
condition or consideration for which a value cannot be determined with respect to the goods being 
valued, proceeds of any subsequent resale, and influent to th e price in  case buyer and seller are 
related). However, some restriction s are acceptable, including :  
- restrictions that imposed or required by Thai regulations/authorities  
- restrictions that limit the geographical area in which the goods may be resold or  
- restrictions that do not substantially affect the value of the goods . 
3. When Customs officers state reasons to doubt the truth or accuracy of the declared value but 
importer does  not respond or making any sufficient grounds/evidence (within certain period o f time) 
that the declared value represent the total amount actually paid or payable for the imported goods, 
adjusted in accordance with the Ministerial regulation for determining and using customs valuation 
BE. 2560, No. 11-15. WT/TPR/M/ 400/Add.1  
 
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 Question 9 
When importers file for an appeal on the rejected transaction value, how are the appeals evaluated 
by the Appeal Committee?   
Answer  
Regard ing to Customs Act, B.E. 2560, t he appeal committee ensure to reject transaction value 
accordingly .  
Section 41 - The Appeal Committee shall complete an appellate procedure within one 
hundred  eighty  days from the day a customs officer has received an appeal with all evidences and 
documents related to the appeal.  
In case there is a necessary cause, the Appeal Committee ma y extend the appellate procedure for 
not more than ninety days.  
Section 42 - If the Appeal Committee cannot complete an appellate procedure within the period of 
time prescribed in Section 41 paragraph one, an importer or an exporter shall have a right to f ile a 
lawsuit in a court.  
In case the importer or the exporter files a lawsuit at the court, the Appeal Committee shall dismiss 
the appeal of such importer or exporter.  
Question 10 
What are the methodologies, if any, applied in determining transaction val ue?  
Answer  
Price actually paid or payable, adjusted in accordance with the Ministerial regulation for determining 
and using customs valuation BE. 2560, No. 11 -15, on basis of objective and quantifiable data for 
determining the value.  
Question  11 
If there are several methodologies, how does Customs determine the methodology to be applied in 
a given case? Please cite the specific provisions of the law or rules on the application of 
methodologies and determination of value.   
Answer  
Customs values are determin ed by several methodologies in orders, starting from method 1 to 6; 
transaction value, identical goods, similar goods, deductive method, computed method, and fallback 
method as per the Thai Customs Act BE. 2560, section 16, and the Ministerial Regulation f or 
Determining and Using Customs Valuation B.E. 2560.  
Question 12 
What are the procedures observed before introducing or amending any customs laws, rules and 
regulations?  
Answer  
Thai Customs Department has amending any customs laws, rules and regulation in order to complied 
WTO and WCO regulations to implement policy relating trade facilitation and collaboration and also 
modernization and simplify customs procedure at the same time.  WT/TPR/M/ 400/Add.1  
 
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 Question 13 
How much is the reduction on import duties on imported raw or essential materials?  
Answer  
Under Thailand Board of Investment 's incentive scheme, the Board may grant a promoted juristic 
person a reduction of import duties not exceeding 90% of the normal rates.  
Question 14 
How will the government determ ine whether the raw materials are used for manufacturing of goods 
for domestic sale?  
Answer  
This can be determined by certified documentation provided by the company, for example, the 
invoice of local consumers.   
Paragraph  3.20, Page  51 
Thailand has a relatively complicated tariff structure. Non -ad valorem  duties account for 8% of all 
tariff lines (860 out of 10,813). Specific duties are applied on 37 tariff lines (mainly petroleum oils; 
playing cards and tables designed for games; and undenatured ethyl  alcohols). Alternate rates (the 
higher of an ad valorem  rate and a specific duty) apply to 823 tariff lines. It was not possible to 
calculate ad valorem  equivalents (AVEs) for a number of non -ad valorem  tariffs.  
Question 1 5 
How often does Thailand review its MFN tariff structure and what factors/circumstances trigger such 
review?  
Answer  
Thailand revises its tariff structure on a regular basis and the tariff rates have been reduced 
according to the country 's economic situation. Should there be any circumstances such as changes 
in economics, trade or investment which make tariff reductions deem appropriate or necessary, the 
tariff structure will be revised accordingly.  
Question 1 6 
What is Thailand 's procedure in the modification of its MFN tariff rat es/structure?  
Answer  
First, having gathered information and statistics of relevant economics, trade, investment and import 
data, the Ministry of Finance (MOF) will consult with both government and non -government 
organisations about the possibility of tarif f rate cuts or tariff structure change. Then, the MOF will 
propose the "new" tariff rates to the Cabinet for approval. The "new" rates will be enacted into law 
and will be enforced from a specified date.  
Question 1 7 
Which government agency/ies is responsib le for policy and implementation issues related to tariffs? 
What are their specific mandates/functions?  
Answer  
Ministry of Agriculture and Cooperatives, Ministry of Commerce, Ministry of Finance, Ministry of 
Industry are responsible for cooperatively revising the tariff rates to support economics, trade and WT/TPR/M/ 400/Add.1  
 
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 investment. While Board of Trade of Thailand and the Feder ation of Thai Industries, representatives 
of producers, traders and importers, cooperate with the government to provide necessary data.  
Paragraph  3.21, Page  51 
For the specific duties where AVEs were calculated, AVEs range from zero to 270% 
(HS code 2207.10.00 - undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol. or 
higher (THB 80/litre)). For the alternate duties where AVEs were calculated, their AVEs range from 
1% to 557.4% (HS code 4421.99.80 – toothpicks of wood other than bam boo (20% or THB 100/kg, 
whichever is higher)).  
Question 1 8 
What is the rationale for imposing high tariffs/AVEs?  
Answer  
The imposed tariff rates are not higher than the bound rates. Some of these tariff rates are reduced 
by Free Trade Agreement negotiation s. However, when revising the possibility of reducing tariff 
rates, the government has to concern about tariff revenues in the short term, and also fiscal 
sustainability in the long term . 
Paragraph  3.23, Page  52 
The simple average applied MFN tariff rate rose from 13.4% in 2014 to 14.5% in 2020 (including 
AVEs where calculable). The rise was mainly due to the nomenclature change from HS12 to HS17. 
A major change during the transposition process was the split of tariff lines in the transport 
equipment section (HS section 17), where the number of tariff lines at the HS eight -digit level 
increased from 565 in 2014 to 1,033 in 2020, and the number of tariff lines with a tariff rate of 80% 
increased from 106 in 2014 to 436 in 2020. The authorities stated th at the ASEAN Harmonized Tariff 
Nomenclature Task Force (currently the Technical Sub -Working Group on Classification) changed 
and split these tariff lines to align them with the standard HS2017 of the WCO.   
Question 1 9 
Which government agency/ies has the sp ecific mandate on the administration and transposition of 
Thailand 's tariff schedules?  
Answer  
Ministry of Finance.  
Paragraph  3.47, Page  61 
The legislation on anti -dumping and countervailing measures – the Anti -Dumping and Countervailing 
Act, B.E. 2542 (199 9) - was amended on 22 May 2019, and the amendment came into effect on 
18 November 2019. The authorities indicated that they will notify the WTO once the translation into 
English is completed. The authorities state that the amendment clarifies certain issu es, including 
anti-circumvention provisions.  
Question 20 
To address the problem of circumvention, what measures have the Thailand authorities adopted? 
Please elaborate.  
Answer  
Thailand will conduct a circumvention investigation. If circumvention is found, Anti -dumping duties 
not exceeding the residual anti -dumping duty may be extended to imports from companies which 
circumvent the measure in force.  WT/TPR/M/ 400/Add.1  
 
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 Paragraph  3.49, Page  61 
Between 1995 and end -2019, Thailand initiated 84 anti -dumping cases, including 23 after 2015. It 
notified to the WTO that, as at 30 June 2020, 43 anti -dumping measures in the form of duties were 
in force on 12 types of products: 10 types of steel or steel alloys; citric acid; and inner tubes of 
rubber for motorcycles . Thirty of these measures were extensions of existing measures beyond their 
sunset period. Actions mostly affected products originating in China (11), Chinese Taipei (5), the 
Republic of Korea (5), and Viet Nam (5). During the review period, Thailand term inated its anti -
dumping measures on:  
• sodium tripolyphosphate from China, in 2015;  
• unglazed/glazed ceramic flags and paving, hearth or wall tiles; unglazed/glazed ceramic 
mosaic cubes and the like, whether or not on backing, from China, in May 2017;  
• "H-sections" from China, on 10 October 2017; and  
• painted hot dip, galvanized, of cold -rolled steel, and painted hot dip, plated or coated with 
aluminium zinc alloys of cold -rolled steel, from China, Chinese Taipei, and the Republic of 
Korea, in January 2019.  
In sunset reviews:  
Question 21 
Do Thailand authorities conduct on -site investigation in the country of export for purposes of 
determining the likelihood of continuation or recurrence of dumping?  
Answe r 
If investigating authorities get enough information or evidence to determine the likelihood of 
continuation or recurrence of dumping, there is unnecessary to have an on -site verification in the 
country of export.  
Question 22 
What factors are considered in determining the likelihood of continuation or recurrence of injury?   
Answer  
In order to determine the likelihood of continuation or recurrence of injury, the factors as stated in 
Article 3 of the ADA such as the volume of the dumped imports, the effect of the dumped imports 
on prices and the impact of the dumpe d imports o n the domestic indus try shall be examined.   
Question 23 
How are de minimis dumping margins treated?  
Answe r 
De minimis dumping margins principle only applies in an original investigat ion but there is no 
obligation to apply such principle in the review process.  
Paragraph  3.53, Page  62 
The DFT is responsible for conducting investigations. The Committee, based on investigation results, 
may impose safeguard measures in the form of an additional duty, a quantitative restriction, or other 
measures to reduce t he volume of imported goods so that the domestic producer(s) of the like or 
directly competitive product can implement an adjustment plan. Safeguard measures are for a 
maximum of four years, and may be extended to a total of 10 years.  WT/TPR/M/ 400/Add.1  
 
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 Question 24 
Is the DF T responsible for monitoring compliance by the domestic industry with its adjustment 
plan/s? Is so, what parameters are considered? IS compliance with adjustment plan/s used as basis 
for extension of a SG measure?  
Answer  
The DFT, the Safeguard Committee se cretary, conducts Safeguard investigations while the 
Committee is responsible whether to impose the measure or not. As for the adjustment plans of the 
domestic industry, Thailand has another committee responsible for considering and reviewing the 
adjustmen t plans. A determination for extension of a SG me asure, other than a necessity of a 
measure to prevent or remedy serious injury, the evidence of industry adjusting shall be also taken 
into consideration.  
Paragraph  3.109 , Page  76 
Criteria for the BOI to approve applications include:  
• The value added of the project must not be less than 20% of revenues (for projects in 
agriculture, agricultural products, electronic products and parts, and coil centres, the value 
added must be at least 10% of revenue);  
• Activities must use advanced technology;  
• Adequate and efficient guidelines and measures to protect the environment and to reduce 
environmental impacts must be included;  
• The minimum capital requirement of each project must be THB 1 million (excluding the 
cost of  land and working capital); and  
• For newly established projects, the debt -to-equity ratio must not exceed 3:1. E xpansion 
projects are considered on a case -by-case basis.  
Question 25 
Assuming the criteria for approval are met, are there any further restricti ons or grounds for denial 
of application specifically listed on the BOI 's application procedure?  
Answer  
No. However, criteria for approval also includes conditions and requirements under relevant laws 
and regulations.  
Question 26 
What are the exact classifications for "advanced technology " and "[reduced] environmental 
impacts "? 
Answer  
It is indeed difficult to define the term "advanced technology ". Thailand Board of Investment has set 
up working groups and sub-committee, comprising of experts from research institutions and relevant 
government agencies in related fields to consider the production process submitted by the company. 
In terms of environment, promoted projects have to comply with relevant laws and  regulations.  
Paragraph  3.115 , Page  77 
The BOI grants additional incentives based on the value of a project (i.e. merit -based incentives):  WT/TPR/M/ 400/Add.1  
 
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 • merit for competitiveness enhancements: additional CIT exemption of up to three years; 
and additional investment cap  of up to 300% of the permitted expenses;  
• merit for decentralization: additional CIT exemption of up to three years; some activities 
receive a 50% reduction in CIT for five years; double deduction for transportation, 
electricity, and water costs for ten ye ars; and deduction of 25% from the net costs of the 
project 's infrastructure installation or construction; and  
• merit for industrial area development: additional CIT exemption of up to one year.  
Question 27  
The Thai government has established several food manufacturing/innovation complexes in many 
parts of the country. Under Thailand 's activity -and-merit -based incentive system, is there a 
differentiated menu/set of incentives afforded to locators depending on which food 
complex/innovation hub they will loca te? Further, what is Thailand 's criteria in selecting a location 
wherein the food complexes/innovation hubs will be established?  
Answer  
The package of incentives granted to investors in food innovation hub is related to eligible activities 
regardless of th e location of the food innovation hub. The locations of food innovation industrial zone 
(Food Innopolis) are identified by the government agency under the Ministry of Higher Education, 
Science, Research and Innovation. For more information, please visit 
http://foodinnopolis.or.th/en/home/ . 
Paragraphs  3.171 , 3.175 , Page s 89, 90 
The Thailand Tobacco Monopoly (TTM) is an SOE under the supervision of the Ministry of Finance. It 
was authorized under the Tobacco Act B.E. 2509 as the sole producer of cigarettes in Thailand, with 
a view to reducing the negative consequences of cigarette consumption by controlling the product 's 
domestic supply. Private traders with permission from the Excise Department may im port or export 
tobacco or tobacco -related products. In 2014 and 2015, all cigarettes imported into Thailand were 
imported through the TTM but in 2016 the TTM imported only a quarter of all cigarette imports. From 
2014 to 2016, all cigarettes exported from Thailand were exported through the TTM.  
On 23 May 2019, the State -Owned Enterprise Development Act was enacted, which summarized the 
SOE development mechanisms in Thailand. Under the Act, the State Enterprise Policy Office (SEPO) 
is the agency in charge of : 
• supervising and overseeing state -owned enterprises (SOEs) and enhancing systematic 
collaboration and efficiency, through its State -owned Enterprise Policy Committee;  
• providing clear and consistent direction for SOE development, through its SOE 
Developmen t Plan;  
• setting up an evaluation system to reflect the efficiency of the implementation of the SOE 
development Plan, through its Performance Evaluation System;  
• selecting qualified persons to be board members, through a standardized and transparent 
process,  through its Director Nomination Committee; and  
• enhancing good corporate governance and ensuring fiduciary obligations, through its 
Governance and Transparency Mechanisms.  
Question 28  
28. How does Thailand guarantee the accountability and transparency of administrative actions 
relating to customs matters for SOEs especially in ensuring that currently implemented measures 
are enforced without prejudice to imported goods that are also domesti cally produced for local WT/TPR/M/ 400/Add.1  
 
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 consumption? Further, how does Thailand ensure that duly recognized importers of goods similarly 
produced by SOEs are given equal competitive treatment in the domestic market?  
Answer  
According to section 4 of the Trade Competition Act 2017, the Act shall not apply to the operation 
of the followings:  
1) Central, regional, or local administrations ; 
2) State -owned enterprises, public organizations, or other government agencies, provided 
that they conduct their undertakings according to the law or resolutions of the Cabinet 
which are necessary for the benefit of maintaining national security, public interest, the 
interests of society, or the provision of public utilities;  
3) Groups of farmers, cooperatives, or cooperative groups  recognized under the law and 
having the aim in their business operations to benefit the vocation of farming;  
4) Businesses that are specifically regulated under other sectoral laws having jurisdiction 
over competition matters.   
Therefore, SOEs that are not  in accordance with the section 4(2) of the Trade Competition Act 2017 
shall be included in the enforcement of the scope of the Act.  
Paragraph  3.222 , Page  103 
Domestic improvements during the review period included the establishment of a subcommittee on 
enforcement against IP infringement (led by a Deputy Prime Minister), the amendment of the 
Trademark Act to provide for the registration of sound marks, and the amendment of the Copyright 
and Computer Crime Acts to better address online IP infringement. Tha iland made considerable 
efforts towards streamlining its trademark and patent examination processes, which led to a 
reduction in patent pendency during the review period.  
Question  29 
Before the amendment of the Trademark Act, did Thailand allow the registr ation of other 
non-traditional marks? If not, we would like to seek clarification why the amendment pertains only 
to the registration of sound marks?  
Answer  
We allow registration of three dimensional trademarks before the a mendment of the Trademark Act. 
As sound has increasingly been used as trademarks by businesses, Thai land amended the Trademark 
Act to enable registration of sound marks.  
Question 30  
Does Thailand plan to accede to the Singapore Treaty on the Law of Trademarks?  
Answer  
There is currently no plan for Thailand to accede to the Singapore Treaty on the Law of Trademarks.  
Paragraph  3.253 , Page  110 
The amendments further establish a separate cause of action against the illegal recording of films in 
movie theatres ("camcording"), and introduce li ability exemptions for Internet service providers 
(ISPs) when preliminary injunction motions are filed for the removal of copyright -infringing content 
from the Internet. While the adoption of the takedown mechanism was well received, IP owners 
continue to raise concerns over excessive requirements and limited effectiveness vis -à-vis foreign WT/TPR/M/ 400/Add.1  
 
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 ISPs, since Section 32/3 does not explicitly provide for website blocking. Further concerns relate to 
the functioning of collective rights management and the widespread  use of unlicensed software. The 
authorities reported that Thailand is in the process of addressing these concerns, by replacing 
Section 32/3 with a notice on the takedown process.  
Question 31  
How does Thailand intend to implement the notice on the takedow n process particularly towards 
ISPs with servers not located in Thailand?  
Answer  
In case that the ISPs whose servers are not located in Thailand, the cooperative measures via foreign 
government agencies can be taken.  
Paragraph  3.258 , Page  111 
"Enforcement actions by the Royal Thai Police, the Department of Special Investigation, and the 
Customs Department have, in general, declined, from a total of 8,733 in 2015, to 4,880 in 2019. 
Raids conducted by the Customs Department during said period rema ined stable, at around 
1,000  per year, while those conducted by the Royal Thai Police and the Department of Special 
Investigation declined. The decline reflected overall changes of IPR -infringing cases from physical to 
digital ones. " 
Question 3 2 
In additio n to the enforcement actions on IPR -related matters together with the Royal Thai Police 
and Customs Department, what are the other roles of the Department of Special Investigation?  
Answer  
Roles of the Department of Special Investigation on Intellectual Pro perty Rights Infringement Matters  
The Department of Special Investigation (DSI) is a multidisciplinary law enforcement agency under 
the Ministry of Justice that has authority to prevent, suppress and control serious and complex crime 
that causes huge damag e, both economically and socially, to national security.  
"Special cases " are serious and complex criminal cases that are committed by influential persons 
acting as principals, instigators, or accessories, or associates with organized criminal groups who 
possess and abuse knowledge of highly sophisticated technology in their criminal conduct, and that 
require innovative forms and special methods of inquiry, investigation, and evidence collection to 
dismantle organized crime syndicates that cause serious effe cts upon public order and moral, 
national security, international relations, or the country 's economy or finance.  
Under Section 21 Paragraph One (1) of the Special Investigation Act B.E. 2547 (2004) and its 
amendments, special cases required to be investig ated and examined are criminal cases according 
to the laws provided in the Annex attached to the Notification of the Board of Special Case (No.  7) 
B.E. 2562 (2019), where such criminal cases shall ha ve any of the following natures : 
a) a complex criminal case that requires special inquiry, investigation and special collection 
of evidence  
b) a criminal case which has or might have a serious effect upon public order and moral, 
national security, international relations or the country 's economy or finan ce 
c) a criminal case which is a serious transnational crime or committed by an organized 
criminal group  
d) a criminal case in which influential person being a principal, instigator or supporter  WT/TPR/M/ 400/Add.1  
 
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 e) a criminal case in which the Administrative Official or Senior Poli ce Officer, who is neither 
the Special Case Inquiry Official nor Special Case Officer, is the suspect as there is 
reasonable evidence of crime committed, or being the alleged culprit, or being the 
accused . 
Special cases within the scope of the DSI 's author ity include 23 offences under the laws provided in 
the Annex attached to the Notification of the Board of Special Case (No.  7) B.E. 2562 (2019), where 
there are three  offences related to Intellectual Property Rights (IPR) Infringement:  
1. The offences unde r the Trademark Act  
The offences punishable under the Trademark Act, B.E.  2534 (1991) and its amendments that have 
or are well -grounded to have the commission of offences as the place of production, place of 
distribution, place of purchasing, place of stor age or the import into the Kingdom of Thailand, by 
having in possession of things or goods for use in committing crime, or obtaining from the 
commission of offence, or having in possession regarded as the offence of that valued at the market 
price upward o f ten million baht, or the case likely to cause the damage value from the commission 
of offence upward of ten million baht.  
2. The offences under the Copyright Act  
The offences punishable under the Copyright Act, B.E.  2537 (1994) that have or are well -grounded 
to have the commission of offences as the place of production, place of distribution, place of 
purchasing, place of storage or the import into the Kingdom of Thailand, by having in possession of 
things or goods for use in committing crime, or obtainin g from the commission of offence, or having 
in possession regarded as the offence of that valued at the market price upward of ten million baht, 
or the case likely to cause the damage value from the commission of offence upward of 
ten million  baht. 
3. The offences under the Patent Act  
The offences punishable under the Patent Act, B.E.  2522 (1983) and its amendments that have or 
are well -grounded to have the commission of offences as the place of production, place of 
distribution, place of purchasing, place of storage or the import into the Kingdom of Thailand, by 
having in possession of things or goods for use in committing crime, or obtaining from the 
commission of offence, or having in possession regarded as the offence of that valued at the market 
price upward of ten million baht, or the case likely to cause the damage value from the commission 
of offence upward of ten million baht.  
Paragraph  3.260 , Page  111 
Despite the considerable efforts made to tackle enforcement issues, use of unlicensed software in 
both the public and private sectors, extensive cable and satellite signal theft, and counterfeit goods 
(that find their way to other countries in Asia, South America and the Middle East, which serve as 
transit channels), remain significant. These have a chilling effect on the ecosystem for creative 
content in Thailand, making it a difficult marketplace for the content industry, consumers and other 
pertinent act ors.  
Question 33  
Does Thailand plan to address or resolve these problems? How?  
Answer  
Thailand continues to intensify its enforcement efforts, both in the physical markets and online. For 
example, with regard to the problem of illegal software, the Cabine t had a resolution on 
21 May 2019, instructing all government agencies to ensure uses of legitimate software in procuring 
computers and relevant appliances. In response, the DIP is preparing the Government Procurement 
Guidelines on the Acquisition of Legit imate Software, which will be distributed to all relevant 
government agencies in due course. Thailand also encourages uses of legitimate software in the 
private sector.  An example is the "Clean up to Count Down " campaign, which is the cooperation WT/TPR/M/ 400/Add.1  
 
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 between the Royal Thai Police and the Business Software Alliance (BSA) to encourage businesses to 
use legitimate software under the "Legalize and Protect " project.  
4 TRADE POLICIES BY SECTOR  
Paragraph  4.9, Page  114 
The M OAC follows its 5 -year Agricultural Plan (2018 -22) and the Organization Plan, both of which 
are in compliance with Thailand 's 20-Year National Strategy (2018 -37). The MOAC 's plans aim to 
achieve "secured farmers, prosperous agriculture, and sustainable agr icultural resources", where 
farmers ' income is to be increased by more than USD 3,134 by 2022.  
Question 34  
Please discuss the accomplishments to date under the 5 -Year Agricultural Plan, particularly with 
respect to achieving prosperous agriculture. What w ere the challenges in terms of implementation? 
What adjustment measures were made in areas where targets were not met?  
Answer  
MOAC focus the support on small scale farmers to make prosperity in agriculture. Farmers must be 
self-sufficient with knowledge of  technology, innovation, and agriculture 4.0, especially the young 
farmers. The challenge is that older farmers are difficult to adapt to the new change. It will take 
young farmers who are ready to return to their homeland, to support the adoption of e -marketing 
in operations.  
Paragraph  4.10, Page  115 
In 2020, the MOAC started implementing the following agricultural policies:  
• increasing the irrigation area and improving water management;  
• promoting alternative agriculture and integrated agriculture, encouraging organic farming, 
and replacing chemicals by organic substances to promote food safety;  
• expanding markets and encouraging smart farmers to become entrepreneurs, 
strengthening community enterprises and cooperatives, and developing ag ricultural 
processing;  
• reducing production costs and promoting technology and the use of agricultural machines, 
improving efficiency in agriculture logistics, and building agri -technology and innovation 
centres;  
• encouraging rain -making during drought seaso ns, providing land right titles for farmers, 
promoting livestock that conforms to market demand, controlling and preventing the 
outbreak of animal or plant diseases, and simulating substitute plants to reduce water 
usage;  
• building a National Agricultural B ig Data Centre; and  
• developing an Agricultural Learning Centre where farmers can learn local production 
programmes.  
Question 35  
Please elaborate on the services provided by the National Agricultural Big Data Centre. How does its 
services feed into the impl ementation of agricultural policies? Please cite specific examples to 
illustrate its implementation.  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The National Agricultural Big Data Centre or NABC provide services as follows:  
1. Data Services : NABC provides Data Catalogue covering farmer 's and agricultural product 's aspects 
throughout the supply chain. These data are beneficial for Government sector in policy planning, 
private sector in agricultural production planning, farmers in cultivation planning and agricultural 
price monitoring.  The d ata catalogue  also support the big data analytics along with artificial 
intelligence (AI) to make more accurate in planning and decision making.  NABC also introduced 
Application called "Farm D " and "Raka (price) Farm " to facilitate the farm activities and report 
agricultural product prices.   
2. Analytical Data on Dashboard (data visualization system) : NABC provides Agricultural Calendar 
which contains agricultural production in provincial level in monthly basis to moni tor food security 
and nutrition of the local level.  NABC also monitor important products such as rice, maize, cassava, 
oil palm and rubber.   
3. Agricultural Economic Analysis : NABC provides 1) Economic Outlook which contains the quarterly 
Thai economy data  report, and the Thai economy trend in the next year in monthly format. 
2) Agricultural Price Index which contains agricultural production index, agricultural price index, farm 
income index in a monthly format.  
4. Natural Disaster Impact Analysis : NABC pro vide Natural Disaster Impact analysis by monitor 
disaster situation in the local area, drought impact, below -period rain and farmer 's assistance 
measures, etc.  
5. Additional Service : Recently, NABC provide more services for agricultural sectors which are 
1) Coaching system for agricultural knowledge transfer 2) Public AI System which is agricultural 
activity 's guideline system 3) provide Open data set to government open data center (data.go.th)  
Question 36  
How is the Agricultural Learning Centre operational ized? Please describe the selection, funding 
process and other forms of assistance for farmers to access the programs.  
Answer  
1. The selection of Agricultural Learning Center for Increasing Agricultural Production Efficiency, 
Thailand  
The Royal Thai Government by the Ministry of Agriculture and Cooperatives has established the 
Agricultural Learning Center for Increasing Agricultural Production Efficiency (ALC) in every district. 
The objectives are to use ALC as the center to transfer pr oduction technologies, management, and 
marketing including providing agricultural services and disseminating agricultural information to 
farmers. In addition, ALCs serve as the platform for government agencies from various units to 
collaborative work to so lve emerging challenges and develop agriculture in accordance with different 
conditions and needs of each district. At present, 882 ALCs are located in every district across the 
country. There are 2,646 network centers supporting ALCs consisting of 882 com munity fertilizer 
and soil management centers (one district one center), 1,764 community pest management centers 
(one district two centers), and other network centers such as fisheries, livestock, household account, 
etc. to provide all relevant agricultura l knowledge to farmers.  
There are various governmental agencies of the Ministry of Agriculture and Cooperatives 
collaboratively working to improve ALCs and embrace range of agriculture issues in every field. 
These agencies are Department of Agricultural E xtension, Livestock Department, Fisheries 
Department, Department of Agriculture, Land Development Department, Cooperative Auditing 
Department, The Queen Sirikit Department of Sericulture, and Office of Agricultural Economics. ALCs 
must have a readiness and  facilities to serve learners. Furthermore, it is essential to provide the 
sense of ownership to farmers and communities together with contributing practical knowledge to 
farmers. ALCs are managed by role -model farmers in their area. Set of knowledge, demo nstration 
plots, and learning stations are developed and prepared to train learners.  WT/TPR/M/ 400/Add.1  
 
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 - Role-model farmers : The  role-model farmers are farmers who have a successful experience on 
agriculture to enhance and develop significant agricultural activities from pro duction, 
management, to marketing, e.g., increasing productivity, reducing cost, and developing product 
quality. Furthermore, they are well -known and accepted by their communities, volunteer to 
implement ALCs ' work with family support, have a leadership an d are able to collectively work 
with others.  
- Demonstration plots:  The plots belong to role -model farmers, used for their farming. The learners 
study from the real farming of the role -model farmers.  
- A set of knowledge:  It contains agricultural knowledge a nd means to solve agricultural problems 
of communities. This set of knowledge is jointly analyzed and made by role -model farmers, 
agricultural extension officers, and other partners from various governmental agencies in each 
community. Thus, set of knowled ge have a different knowledge depending on challenges and 
conditions of each area.  
- Learning spots:  Learning spots provide specific knowledge consistent with a set of knowledge, 
e.g., applying fertilizer from soil testing results, seed production, microbia l pesticide, agricultural 
machineries, pest management, etc. Learners studies from lecture from a set of knowledge and 
practices from learning spots, which foster them to deeply understand and apply to their farms 
further.  
The availability of these compon ents is required for all ALCs. However, ALCs may have other facilities 
such as buildings for studying, other necessary infrastructures, etc. to respond each community 
requirement.  
2. Funding   
The Department of Agricultural Extension has been assigned by t he Ministry of Agriculture and 
Cooperatives to be responsible for development and implementation of ALCs. ALCs are annually 
budgeted by the Department of Agricultural Extension. The budget spends on below activities.  
1) Enhancing capacity of ALCs and network  centers  
2) Supporting services of ALCs, e.g., organizing the Field day event at every ALCs to 
transfer agricultural technology and knowledge to farmers  
3) Developing farmers through trainings to farmers and chairperson of network centers . 
3. Other forms of assistance for farmers to access the program  
The Ministry of Agriculture and Cooperatives has other forms and channels to support farmers to 
access to the program. Line agencies of MoAC also have their learning center such as fisheries 
learning centers, li vestock learning centers, household accounting learning centers, etc. scattering 
over the country to support the specific knowledge to farmers and being the channels for farmers to 
access the government 's program. The Department of Agricultural Extension, for example, has 
50 operation units, e.g., 26 agricultural occupation promotion and development centers (8 highland 
agricultural extension and 18 others), 14 agricultural technology promotion centers, 9 plant 
protection centers, 2 agricultural engineering promotion centers, 2  economic insect centers, 1 farm 
youth promotion center and 10 seed and plant propagation centers. These operation units serve as 
learning spots and training centers on farm occupation, produce production inputs for use in 
extension works and for supply to  farmers, provide agricultural services and technical advices on 
farm engagement.  
Furthermore, Training and Visit (T & V) approach is used to transfer knowledge and solve agricultural 
problems to famers. T & V approach has been used in Thailand for over d ecades and it has been 
gradually developed for suitability. T & V duties include visiting farmer groups and individuals, 
holding group meetings, and delivering advice on crops and other problems. T & V team consists of 
chief of agricultural extension offic e/agricultural extension officer, expert level, sub -district 
agricultural extension officer, and partners from other government agencies in that area jointly visit 
farmers in forms of a group. Then, the team visits individual farmers who may have a particu lar WT/TPR/M/ 400/Add.1  
 
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 problem on agriculture. This means can assist farmers to reach trainings, inputs and other 
assistances from the government.  
MoAC also has various mobile applications created by line agencies to serve knowledge to farmers. 
For example, Smart Rice Farm (SRF) is collaboration between Rice Department, and Land 
Development Department to hand on knowledge on rice cultivation and others related. DoAE 
Smartcheck Application is made by the Department of Agricultural Extension to inform natural 
disaster, plant p ests and disease, etc. to farmers. DoA research application created by the 
Department of Agriculture offers DoA researches to people and farmers. Plants for U application 
made by the Department of Agriculture contributes plant knowledge to increase product ivity and 
quality and reduce the cost investment.  
Paragraph  4.13, Page  116 
"The World Bank suggested that raising labour productivity and deepening capital in agriculture 
could facilitate structural transformation. Accordingly, it recommended: developing a  better -
functioning land rental market; increasing the efficiency and sustainability of irrigation investments; 
more and better funding of agricultural research and extension programmes; and moving away from 
commodity support programmes towards a broad -based agricultural and food policy. " 
Question 37  
Is there any pending legislation and recently implemented policy reform or government program in 
Thailand that addresses these issues on irrigation investment sustainability, land rental market 
functionality, a gricultural research and commodity support to food policy -based transition?  
Answer  
Royal Irrigation Department (RID) has the water management strategies and we have put them in 
order of priority for the following water usage activities:  
1) Water allocation for consumption  
2) Water allocation for preservation of ecology  
3) Water reserve for usage in the beginning of rainy season for consumption and 
preservation of ecology during May to June  
4) Water allocation for agriculture (through participatory irrigati on management and 
knowledge sharing basis)  
5) Water allocation for industry . 
In terms of research, development and innovation for food industry, Thailand has launched "Food 
Innopolis". For more details, please visit http://foodinnopolis.or.th/en/home.  
Paragraph 4.55, Page  127 
The Ministry of Energy is in charge of setting government policy for the exploration and extraction 
of hydrocarbons, and for the production, transmission, and sale of electricity. The Energy Policy and 
Planning Office (EPPO), in the Minis try of Energy, is responsible for ensuring national energy security 
by devising energy policies and plans; defining measures for easing and preventing energy 
shortages; monitoring and evaluating compliance of measures with energy policies; and managing 
energy data and funds.23 The EPPO took several policy measures during the review period, including 
the revision and development of the Power Development Plan (PDP) 2018 -37. WT/TPR/M/ 400/Add.1  
 
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 Question 38  
What plans or targets in accordance with the Paris Agreement are currently in place? Does the Thai 
government have a plan to increase the share of renewable energy in the existing energy mix of 
Thailand at this time?  
Answer  
In accordance with the Paris Agreement, target of CO2 reduction in Thailand 's Nationally Determin ed 
Contribution (NDC) is 20 -25% in the year 2573. Current status of CO2 reduction in Thailand was 
57.84 Mt  CO2 equal to 15 % in 2016 compared to base year 2005. Thailand tends to increase the 
share of renewable energy to comply with AEDP2018.  
Paragraph  4.68, Page  131 
According to the EPPO Annual Report, from 2017 to September 2019, exporters of locally produced 
LPG had to pay a  contribution fee to the Oil Fuel Fund of THB 0.70 per kg. The EPPO stated that this 
was intended to discourage the exportation of locally produced LPG, to avoid domestic shortages. 
However, LPG exports persisted so, in the second half of 2018, the PTT Pub lic Company Limited, 
which is the SOE that accounts for the largest share in the oil market in Thailand, suspended 
commercial exports of LPG at the request of the CEPA.32 The authorities stated that the exportation 
of LPG is not prohibited anymore.  
Questio n 39 
Is the contribution fee paid by LPG exporters still in place with the lifting of prohibition on LPG 
exports? Please expound on the circumstances that led to the lifting of the ban on LPG exports.  
Answer  
The circumstances that led to the lifting of the  ban on LPG exports was to prevent domestic shortage. 
However, contribution free by LPG exporters no longer exists.  
Paragraph  4.104 , Page s 138 -139 
It should be noted that, in recent years, commercial banks made significant strides in developing 
and adopting new digital banking platforms to reduce operating costs, improve access to a wider 
range of financial products, and contribute to promoting financial inclusion. Thai banks have also 
started to undertake new initiatives to expand in the region as A SEAN Economic Community (AEC) 
integration and regional competition increase, and AEC member countries prepare for ASEAN -wide 
liberalization of the banking sector in 2020. For example, one of the top five Thai banks, 
Kasikornbank, opened locally incorporate d banks in Cambodia, China and Lao PDR, and maintains 
representative offices in Indonesia, Myanmar, Vietnam and Japan.  
Question 40  
It was mentioned that significant strides on digital banking has been developed and adopted. Was 
there any regulation on remi ttance services? What is the legal regime regarding the remittance 
services in Thailand?  
Answer  
Cross -border remittance services are subject to the Exchange Control Act and other relevant laws 
such as Payment Systems Act.  According to the foreign exchange regulations, foreign currency can 
be freely transferred into Thailand. Outward remittances are allowed for any purposes except few 
specific purposes such as settlement of FX/THB transactions with financial institutions abroad.  
Transfers for some purposes s uch as purchase of immovable assets are subject to certain amount 
limits. (Remittance services through non -bank license i.e. money transfer agent is subjected to 
certain amount limits)  WT/TPR/M/ 400/Add.1  
 
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 Paragraph  4.118 , Page s 141 -142 
During the period under review, changes were introduced to the insurance industry 's legal regime 
in order to modernize it and bring it in line with the rules governing banks and with international 
standards. The changes included provisions to strengthen the supervisory framework and enhance 
consumer protection in all aspects of the insurance business. Also, as in the case of banking, there 
has been a progressive relaxation of restrictions on foreign participation in insurance firms for the 
purpose of promoting stability of the industry.   
Question 4 1 
Under 4.118, it was mentioned that changes were introduced in the insurance 's industry 's legal 
regime. Among the changes, was there any distinction between the insurance regulations of foreign 
and domestic nationals?  
Answer  
Under insurance legal regime in Thailand, there is no discrimination in both foreign investors and 
domestic investors. Foreign investors doing businesses in Thailand must be given the same 
treatment as its domestic investors. However, for the foreign equit y and non -Thai directors limitation 
is in accordance with the laws under Life Insurance Act and Non -Life Insurance Act and its 
amendment which are divided in three  levels as follows : 
1) Foreign shareholders are allowed up to 25% and not less than three -fourths of the total 
number of its directors must be Thai nationals.  
2) Foreign shareholders may hold up to 49%, upon a permission granted by the Commission 
where it deems appropriate and the commission may permit persons of non -Thai nationality 
to serve as d irectors in a number exceeding one -fourth, but less than one -half, of the total 
number of directors.  
3) Foreign shareholders may hold more than 49%, upon a permission granted by the Minister 
of Finance with a recommendation from the Commission, in the foll owing cases : 
- A case that the company 's standing or operations are of a condition that might 
cause damage to the insured or the public  
- A case to strengthening the stability of the company or the insurance industry.  
The consideration of approval foreign shar eholder relaxation is case by case basis.  
Question 42  
What is the legal regime regarding insurance of foreign nationals employed in Thailand?  
Answer  
Participation of foreign shareholders and foreign directors in insurance company is according to Life 
Insur ance Act and Non -Life Insurance Act. Also, licensing of Agents, Brokers, Actuaries, Loss 
Adjustors are not required to be Thai Nationality. However, any foreigners who want to work in 
Thailand might subject to Foreign Business Act and law relating to work permit.  
Paragraph  4.134 , Page  145 
Thailand has been aiming to transform itself into a digital economy; the Government has a vision to 
maximize digital technologies in all areas of society and the economy. In this context, it began 
implementing the Thailand 4.0 policy in 2016. Since February 2020, foreign investment in digital 
services and digital parks no longer requires prior approval from the MDES.  WT/TPR/M/ 400/Add.1  
 
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 Question 4 3 
How does the Government of Thailand ensure competition and protection of consumer welfar e in the 
telecommunications industry? Are there any other action plans that Thailand is looking to implement 
to address the digital divide, given the more critical role of connectivity at present?  
Answer  
Competition in Telecommunications Market  
The regula tion over the competition of telecommunications business shall comply with the Trade 
Competition Act B.E. 2560 (2017). The regulation of NBTC shall be under the principles of the 
four notifications, which are:  
1) Notification of the NBTC on Measures to Prevent the Monopoly or Unfair Actions in the 
Telecommunications Business B.E. 2549 (2006).  
2) Notification of the NBTC on Criteria and Procedures to Identify the Significant Market 
Power in the Telecommunications Business B.E. 2557 (2014).  
3) Notification of th e NBTC on Definitions and Scopes of Relevant Telecommunications 
Market (Vol. 2) B.E. 2563 (2020).  
4) Notification of the NBTC on Merger and Acquisitions Regulation in Telecommunications 
Business B.E. 2561 (2018).  
Currently, the Office of NBTC is reviewing the procedures to identify the Significant Market Power in 
the telecommunications business by considering mainly on the change of technology and market 
demand, as well as the condition of the competition.  
Consumer Protection  
The National Broadca sting and Telecommunications Commission (NBTC) of Thailand has the 
authority to supervise telecommunications business for the protection of the service users, pursuant 
to the Telecommunications Business Act B.E. 2544. The service users (consumers) have the  right to 
lodge a petition to the NBTC in case of suffering from the telecommunications operators or the 
licensees, the right to request information of his or her service usage from the licensees and the 
right to use service from his or her own telecommuni cations equipment, but not limited to the right 
of freedom and privacy to communicate by means of telecommunications. In case licensees violate 
or fail to comply with this regulation, the NBTC has the power to order the licensees to terminate 
such violatio n, or to correct and act in appropriate manner within a specified period. Should the 
licensees not comply, the NBTC has the authority to suspend or revoke the license.  
Moreover, the NBTC is obligated to protect consumer rights against unfair contract term s. In 
accordance with Notification of the NBTC on Standard Contracts for Telecommunications Service 
Provision B.E. 2549, the NBTC has the authority to examine and approve the standard contracts 
provided by telecommunications service providers to ensure tha t those contracts shall contain 
necessary contract terms and shall be devoid of unfair contracts that exploit service users.  
The NBTC also vigorously encourages the service users to be aware of their rights. The NBTC has 
actively instructed the service pro viders to inform of users ' rights by publicizing the notifications on 
the rights of mobile -phone users and fixed -line Internet users at their service -providing premises. 
This serves to ensure that the service users are well aware of their rights with preci sion and clarity.  
The Telecommunications Consumer Protection Bureau (TCP) is an organization to be in charge of 
protecting the rights of service users, under the authorization of the NBTC. The roles and missions 
of TCP shall be elaborated as follows:  WT/TPR/M/ 400/Add.1  
 
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 The N BTC's Telecommunications Consumer Protection Bureau (TCP ) 
The Telecommunications Consumer Protection Bureau (TCP) has been established to have its 
responsibilities concerning the measure for the protection of freedom rights of the citizen, for not 
being ex ploited by the telecommunications operators, for promoting people 's rights, freedom and 
equity so that they are able to access the spectrum and telecommunications services, setting up 
criteria and procedures and handling of matters related to consumer prot ection, receiving and 
managing complaints, and resolving disputes between telecommunications services providers and 
consumers, as well as giving support on administrative services to the Sub -committee on 
Telecommunications Consumer Protection.  
TCP also sup ervises and acts upon the activities regarding consumer protection in accordance with : 
1) NBTC 's Regulation on the mediation of disputes between telecommunications business 
licensees and complainants B.E. 2555 (2012).  
This regulation is expedient to determ ine the mediation process for considering the complaints 
between the telecommunications business licensee and the complainant in order to solve the 
problems of the parties. Adding the channels for resolving disputes and giving the parties the 
opportunity t o settle the dispute promptly and satisfactorily. This can also maintain good 
relations among concerning parties and create balance in the development of 
telecommunications as well as increasing the efficiency of consumer protection.  
2) Notification of the  NBTC on the process for receiving and considering complaints on 
telecommunications business B.E. 2559 (2016).  
This Notification is expedient to revise Notification of NBTC on the process of complaints 
receiving and considering for the protection of the us ers' benefits, particularly the rights and 
freedoms of people. It also ensures that the users will not be taken advantage of from business 
operators. In order to consider and resolve complaints, the protections encompasses personal 
information, privacy rig hts, and freedom of the individuals to communicate by means of 
telecommunications. It will be convenient, fast, and aligned with the provisions of law on the 
organization to allocate radio frequency and to regulate radio broadcasting business and 
telecommu nications operation.  
TCP also establishes a channel for receiving complaints for the consumers through : 
(1) Email: tcp.service@nbtc.go.th (2) URL: http://tcp.nbtc.go.th (3) NBTC Call Center Dial 
1200 (4) SMS to 1200 (5) Fax: 02 2279 0251  
The NBTC 's roles in bridging digital divide   
The NBTC 's roles to bridge Thailand 's digital divide proceeds with a promising progress. So far, the 
NBTC has been working, with ardour and vigour, to fulfil the Universal Service Obligation (USO) and 
reduce the gap in tel ecommunications access. Pursuant to the Section 27 (12) and Section 50 of the 
Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and 
Telecommunications Services B.E. 2553 (2010) and Section 17 of the Telecommunications Business 
Act B.E. 2544 (2001), the NBTC is obligated to ensure the universal basic accessibility to the 
telecommunications service for all walks of lives in Thailand – covering both spatial and social 
dimensions.  
The NBTC adopts the framework based on Notification  of the NBTC on the Universal Service 
Masterplan No. 2 B.E. 2560 -2564 (2017 – 2021). The Masterplan is set to provide 
telecommunications service in areas including rural, low profit -yielding, service -insufficient, 
service -lacking, but not limited to servic es in religious sites, hospitals, and social service agencies. 
It also requires the NBTC to provide public telecommunications service access to the groups of 
individuals, comprising the underprivileged, the disabled, children, the elderly, and other 
disadv antaged groups.  
Another key framework which the NBTC operates is the Telecommunications Masterplan No. 2 
B.E. 2562-2566 (2019 – 2023). The Telecommunications Masterplan accentuates the NBTC 's WT/TPR/M/ 400/Add.1  
 
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 commitment to mollify the ongoing digital divide. This appears in the strategy No. 4 "Providing 
Universal Basic Telecommunications and Social Services" of this Telecommunication Masterplan. To 
drive the strategy, three implementation approaches have been introduces as follows:  
1) Provision of Basic Telecommunications Services in Geographical Dimension  
2) Provision of Basic Telecommunications services in Social Dimension  
3) Promoting and Supporting Digital Technology Skill Development to Encourage the Target 
Group to Utilize Telecommunications Services Efficiently with Social Responsibility in order to 
Empower the People, Community, and Society to Support Digital Society Development . 
Moreover, the NBTC is expediting the provision of mobile phone service and high -speed internet 
service projects in the marginalized areas ( Zone C+), as well as the high -speed internet service 
projects in remote areas (Zone C). These plans and operations therefore serve to alleviate the 
inequitable access to telecommunications and effectively bridge the ongoing issue of digital divide 
in Thail and. 
Paragraph  4.172 , Page  151 
Improving infrastructure and connectivity is a core objective of EEC plan, aimed at transforming the 
eastern provinces into a leading ASEAN economic hub. To improve connectivity by air, Thailand is 
expanding the U -Tapao inter national airport in the Rayong province. The objective is to construct a 
new passenger terminal and a second runway to increase the airport 's passenger capacity to 
3 million people.  
Question 4 4 
Aside from the U -Tapao airport development, how does the government plan to attract more 
aircraft -related investments, such as for maintenance, repair and overhaul (MRO) and components 
manufacturing, either for commercial or defense segments?  
Answer  
Thailand is located at the strategic location as the center of highest growth in aircraft movements 
region which brings to high demand for MRO and aircraft components and spare parts as well as the 
human resource development is undertaking to meet the investors ' requirements. Furthermore, the 
foreign substantial owner ship and effective control restriction under the Thai Air Navigation 
B.E. 2497 has been relaxed subject to certain conditions.  
Moreover, Thailand Board of Investment promotes the manufacture or repair of aircraft, or aircraft 
parts. For more detail, pleas e visit our website at www.boi.go.th . 
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT  
Paragraphs  3.5-3.7, Page  6 
Thailand has become a middle -income country since 1976. In order to overcome this problem and 
move up to high -income country, Thailand urgently needs to reform its economic structure and 
enhance country 's competitiveness under the dynamic digital era. Thus, the Government has set 
"10 Targeted Indust ries" to be Thailand 's new economic growth engines that will help Thailand 
achieve its structural reform by shifting Thai economy to be high -valued, high technology and 
innovative based. The 10 targeted industries have been categorized into two groups as 
"First S-Curve Industries" - the upgrading of five existing industries, and "New S -Curve industries" 
- the development of new high -technology and innovative industries.  
In accordance with Thailand 4.0 policy, the Board of Investment (BOI) announced 7 -year i nvestment 
promotion strategy (2015 -2021) with an aim to lead the country towards innovation -driven economy WT/TPR/M/ 400/Add.1  
 
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 by offering incentives for targeted industries in order to accelerate R&D, innovation, and human 
resource development in Thailand.  
Question 45  
Given the identification of the 10 Targeted Industries as well as the formulation of the 2015 -2021 
Investment Promotion Strategy, does Thailand plan to maintain or restructure these policies to take 
into account COVID -related adjustments such as the shift in glo bal value chains for essential goods 
and services? If so, how would these change the current outlook of priority sectors as projected in 
the 2015 -2021 Investment Promotion Strategy?  
Answer  
Thailand continues to invest in the 10 targeted industries (the S-curve industries). Besides aligning 
with the 20 -year National Strategy, the S-curve industries have capabilities to help Thailand recover 
from the pandemic. However, COVID -19 has hit the Thai economy hard.  Therefore, the government 
specifically aims to pr omote industries that are ones of the country 's strengths, including food, 
electrical and electronics, medical equipment, and integrated medical service (the medical hub). The 
targeted industries also have a high demand in the global market.  
Moreover, Thailand Board of Investment plans to review investment promotion policy in response to 
changing situation and environment. Priority sectors would be the sectors that Thailand has high 
potential and have opportunities to grow in the pandemic situ ation.   
Paragraph  3.12, Page  7 
Additionally, the MOT has launched Thailand 's Transport Infrastructure Development Strategy 
2015-2022, which is a framework to efficiently implement and monitor transport infrastructure 
projects over the next eight years. The  essence of the infrastructure development plan comprises of 
five plans as follows: (1) Intercity rail network development, (2) Improving public transport networks 
and service, (3) Enhancing connectivity between key domestic production bases and neighborin g 
countries, (4) Increasing water transport network, and (5) Enhancing air transport capability.  
Question 46  
On infrastructure development, how did the COVID -19 pandemic affect Thailand 's infrastructure 
development plans and which projects were set aside o r pushed to a later date to accommodate 
infrastructure requirements in light of the "new normal "? 
Answer  
The COVID -19 pandemic does not directly affect Thailand 's infrastructure development plans. 
Transport infrastructure projects usually take long time from planning, design, construction and 
operation therefore the COVID -19 pandemic does not affect the projects that are in the pipeline. 
Currently, although demand  for travel, especially air transport has not returned to normal, it is an 
opportunity for related agencies to accelerate the development of infrastructures which has been 
delayed or overcapacity such as airports and double track rail network.  
In addition , the outbreak of COVID -19 led to higher use of digitization such as Port Authority of 
Thailand (PAT) has implemented "National Single Window " (NSW) system which simplifies the 
documentary requirements, procedures and formalities associated with arrival an d departure of 
ships via a single electronic gateway in order to facilitate maritime traffic and provide efficient and 
environmentally sound shipping. During the pandemic, the NSW plays a crucial role to resolve 
disruption in shipping while meeting the hea lth and safety measures to minimize the transmission 
of COVID -19 among maritime personnel, as well as maintain the efficiency of maritime trade and 
transport.  
At the same time, Department of Land Transport initiated DLT Smart Queue application which assis ts 
in pre -booking for DLT services, e.g. driving license, car registration, and DLT Vehicle Tax.  WT/TPR/M/ 400/Add.1  
 
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 Paragraph  3.21, Page s 8-9 
To enhance Thailand 's competitiveness and improve Thailand 's ease of doing business, since 2016 
the Government has initiated the proj ect called "Regulatory Guillotine" by hiring Thailand 
Development Research Institute (TDRI) to review Thailand 's existing laws, rules, and regulations to 
ensure efficiency, as many laws have become redundant, obsolete, or incompatible with current 
situatio ns. The first stage of the project is "Licensing Guillotine", focusing on streamlining the 
complex licensing and permits issuing processes and regulatory procedures to facilitate people and 
businesses.  
Question 47  
Please cite the accomplishments since 2016  of the "Regulatory Guillotine " project in terms of 
improving ease of doing business in Thailand. Has the review led to changes or reforms in specific 
laws and regulations? If so, what are these?  
Answer  
Thailand 's ease of doing business rankings under various indices have consistently improved since 
2016. This accomplishment was not solely attributable to the “regulatory guillotine” project, but 
more a collaboration of several efforts by both the public and private sectors, all under the same 
vision lai d out by the Government to eliminate unnecessary burden and costs for undertaking 
businesses in Thailand. In fact, the final paper of proposals for regulatory guillotine prepared by the 
Thailand Development Research Institute (TDRI) was submitted to the St rategic Transformation 
Office (STO) in the year 2020. Nonetheless, prior actions, for instance, the recent passage of “digital 
transformation” laws, such as the Digital Government Act, Electronic Transactions Amendment Act, 
and numerous other implementing regulations, were in alignment with the direction and objectives 
of regulatory guillotine. As a way forward, the Government has now mandated responsible agencies 
to examine and review their licensing processes based on the findings of TDRI by the year 2022 . 
Paragraph  3.26, Page  10 
National Single Window (NSW) has been operating since 2008 and officially implemented in 2011 
with the establishment of two secure data centres serving the exchange of electronic documents 
among government agencies and business se ctors. It enables multiple transactions including G2G, 
B2G/G2B, and B2B and comprises various services to facilitate the stakeholders to reach the single 
point of entry, single submission to relevant agencies, and accommodate the regulatory authorities 
to perform the single decision making in accordance with international standard for Single Window. 
There are currently 37 government agencies linked through NSW and 19 of them have expanded 
the services to business. The prominent systems are launching to allo w the traders utilizing single 
declaration to apply for the import/export permission and certification, e.g. hazardous substance 
importation, rubber exportation, certificate of origin, and SPS certificate  
Question 4 8 
Please cite the significant accomplishm ents of the NSW in terms of facilitating trade.  
Answer  
Since Thailand NSW has been launched, the number of electronic transactions regarding import and 
export procedures is greater than 100 million documents and increasing approximately 5 % every 
year. It i ndicates the intent participation of the government agencies to implement the electronic 
systems as well as the system integration linked through Thailand NSW in order to simplify and 
facilitate the business activities.   
Question 4 9 
Please also discuss stakeholders (exporters, importers) views in terms of utilizing the NSW.  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thai Customs established Thailand NSW as a platform for trade and transport information exchange 
which allows the entrepreneur (importers, exporters, and relevant stakeholders) to connect with the 
regulatory agencies, financial institutes, and business sectors via a single channel. The current 
NSW utilization is acted by up to 10,000 subscribers representing more than 100,000 traders. The 
NSW is continually  developed to provide various services upon traders ' requirements and the 
national strategic plans. Thai NSW is also conducted the annual assessment to evaluate what are 
needed to be enhanced to meet the users ' satisfactory.   
Question 50  
What services are still to be included in the full implementation of the NSW?  
Answer  
The service implemented in the initial stage has been purposed to exchange the electronic 
documents related to the customs formality. Afterwards, most relevant government agencies have 
provided the services for the application and issuance of electronic permits or licenses. The additional 
services are now being developed and implemented are to enable the single entry, single submission, 
and the simplification of the import/export procedures for the strategic and industrial products.  
Paragraph  3.70, Page  19 
The Roadmap covers six areas, namely: (1) IP creation, (2) IP protection, (3) IP commercialization, 
(4) IP enforcement, (5) geographical indications, and (6) genetic resources, traditional knowledge 
and traditional cultural expressions. Since its adoption, the Roadmap has been providing the 
direction for the development of the nation 's IP system and is currently being implemented by the 
relevant agencies, with the Department of Intellectual Property of the Ministry of Commerce (DIP) 
being the main responsible agency.  
Question 5 1 
What is the long -term objective of Thailand for genetic resources, traditional knowledge and 
traditional cultural expressions under the Roadmap?  
Answer  
One of the long -term objectives is that an appropriate protection of GR/TK/TCEs including the 
principles of benefit -sharing and prior informed consents is put in place. This may, among others, 
include the development of relevant laws, regulations, and datab ases.  
OTHER QUESTIONS  
Question  52 
The governments of the US, Japan and South Korea are providing incentives to re -shore production 
of multinational companies from China. Nearby Southeast Asian countries, such as the Philippines 
and Thailand, among others, are in a position to capture these investment opportunities in 
manufacturing to further deepen their participation in the global value chains. Is there a strategy 
from the government of Thailand on how it aims to capture some of these investments, either 
through a more active promotions campaign or implementation of new incentives for these 
companies? Is Thailand espousing selective company strategy or industries to capture these 
investments from China? And if so, what would these be?  
Answer  
Having a geogra phical advantage, Thailand is in the center of the region for trade and supply. Hence, 
the government follows the National Strategy to create opportunities to attract investment in future 
technology and innovation through incentives, which will add high va lue to products and services. 
The government also builds connections and ecosystem that benefit investment, for example, WT/TPR/M/ 400/Add.1  
 
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 developing high skilled labo ur, developing infrastructure and logistics, facilitating business 
operations, and expanding FTA network.  
However, currently t here is no specific promotion campaign for re -shore production of MNCs or 
selective companies or industries. BOI has launched Thailand Plus package that aims at generally 
expediting large scale investment not limited to any situation.  
  WT/TPR/M/ 400/Add.1  
 
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 RUSSIAN FEDERATION  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
1 OVERVIEW  
Page 4, Paragraph  1.3 
Thailand is fully committed to the World Trade Organization (WTO) and strongly supports the 
rules-based multilateral trading system providing for stability and sustainability of international 
economic growth. In 2019, Thailand played importance role in both regional and international trade 
cooperation. Thailand was the chair of ASEAN Committee in Geneva (ACG) as an ASEAN 's 
chairmanship  and the chair of General Council. In addition, Thailand has successfully concluded 
two FTAs (Thailand -Chile FTA, and ASEAN -Hong Kong, China FTA) and is currently negotiating 
several bilateral and regional trade agreements.  
Question  1 
It seems that the com mitments in certain services subsectors (distribution; educational; tourism 
and travel -related; recreational, cultural and sporting; and transport services) are weaker in 
Chile-Thailand FTA in contrast to GATS. Could you please explain the rationale for we akening such 
commitments?  
Answer  
The commitments if trade in services under Thailand – Chile Free Trade Agreement (TCFTA) has 
objectives to offer freer trade in services and movement of natural person to those of WTO in the 
form of WTO plus agreement. The subsectors committed under TCFTA have been shown in fewer 
numbers because those are selected subsectors agreed by both sides for offer better accesses 
comparing to those listed under GATS. Moreover, these services commitments under TCFTA, su ch 
as distribution services, have clearly demonstrated freer access to Thai as well as Chilean markets 
by allowing majority of foreign equity participation in some service subsectors, whereas under GATS, 
foreign equity holders must not exceed 4 9% of the re gistered capital for all of the committed 
services.  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.2 Sectoral Policies  
3.2.6  Intellectual property  
Pages 20 -21, Paragraph  3.80 
Thailand also sees the importance of the inclusion of local communities within the IP system. In this 
connection, the DIP has been promoting geographical indications as tools for local farmers and 
producers to increase economic value of their products. Pro vinces across the country have been 
encouraged to have their products registered as GI products, and as of June 2020, 76 out of 
77 provinces have at least one GI registered, with a total of 126 GIs. The DIP has also sought to 
promote the registrations of T hai GIs in foreign countries, which resulted in Thai GIs now being 
registered in the European Union (Thung Kula Rong -Hai Thai Hom Mali Rice, Doi Tung Coffee, Doi 
Chaang Coffee, and Sangyod Muang Phatthalung Rice), Viet Nam (Isan Indigenous Thai Silk Yarn),  
Indonesia (Lamphun Brocade Thai Silk), and India (Lamphun Brocade Thai Silk).  
Question 2  
Could Thailand please further elaborate on the existing protection tools for geographical indications 
(GI) in Thailand and experience of cooperation with foreign cou ntries in the field of GI protection?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thailand has a sui generis system for the protection of GIs under the Geographical Indications Act 
B.E. 2546 (2003). The cooperation activities with foreign countries which the Department of 
Intellectual Propert y have carried out in this area include exchange of information on relevant laws 
and regulations,  practices, experiences, and knowledge. The cooperation also extends to the GI -site 
visits, GI awareness raising, and GI promotion activities.  
QUESTIONS REGARD ING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
1 ECONOMIC ENVIRONMENT  
1.3 Developments in Trade and Investment  
1.3.1  Trends and patterns in merchandise and services trade  
1.3.1.1  Merchandise trade  
Page 26, Paragraph  1.41 
Thailand remains a predominantly outward -oriented economy, as indicated by the high ratio of its 
trade (exports and imports) of goods and services to GDP. However, this ratio decreased over the 
last decade, from a peak of 150% in 2008 to 110% in 2019. The authorities explain ed that this was 
the result of Thailand 's policy to maintain potential economic growth while expanding the domestic 
economy and reducing its high dependency on international trade. In 2019, Thailand 's share in global 
merchandise exports was 1.6%, and its s hare in world merchandise imports stood at 1.5%.  
Question  3 
Could Thailand please elaborate on the specific measures that Thai government is going to take to 
execute this policy?  
Answer  
The high international trade dependency rate results in fluctuation of the Thai economy, Thai 
government pays attention to balance between domestic and international sector. The government 
implements policies and measures in order to promote local economy such as establishing Border 
Special Economic Zone for developing border province economy, implementing fiscal policy both 
government spending and tax reduction/tax refund for encouraging domestic consumption and 
tourism, as well as strengthening grassroot economy.  
Thailand has remained a predominantly outward -oriented economy and export is a key role to drive 
economy. Ministry of Commerce continues to enhance economic relationship with trading partners 
in order to maintain market opportunities for existing  markets and expand new potential markets.  
2 TRADE AND INVESTMENT REGIMES  
2.2 Trade Policy Formulation and Objectives  
Page 35, Paragraph  2.12 
Thailand 's trade policy is formulated within the broader framework of the 20 -Year National Strategy 
(2018 -2037) and the NESDP 2017 -2021. In this context, the MoC has issued its own action plan for 
2020-2022. In addition to the objectives and strategies that have guided trade policy since the last 
Review, the current version of the MoC Action Plan include s the objective of "Enhancing Capacity 
Building and International Development Cooperation", aimed at increasing Thailand 's capabilities 
and competitiveness in order to expand its presence in foreign markets, and at enhancing its 
economic partnerships with key trading partners (Table 2.1). To this particular end, the Action Plan 
sets out three implementation guidelines: (i) expansion of Thailand 's foreign markets by encouraging 
Thai enterprises to increase their business in foreign countries through activiti es such as trade fairs WT/TPR/M/ 400/Add.1  
 
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 and marketing events to promote Thai products and services, brand awareness programmes (e.g. 
Thai Halal products), and improving Thailand 's international trade services; (ii) promotion of border 
and cross -border trade through marketi ng activities that encourage trade and investment in 
Thailand 's border provinces and special economic zones; and (iii) enhancement of international trade 
and economic cooperation through FTA negotiations, and promotion of technical cooperation with 
neighbo uring countries (i.e. Cambodia, Lao PDR, Myanmar and Viet Nam), among other actions. The 
Action Plan also includes a strategy for increasing private sector competitiveness through innovation, 
technologies and creativity, and for integrating micro, small an d medium -sized enterprises (MSMEs) 
into global value chains.  
Question 4  
The Secretariat 's Report states that Thailand 's authorities promote border and cross -border trade 
through marketing activities that encourage trade and investment in Thailand 's border  provinces 
and special economic zones. Could you please specify what steps will Thai government take to 
achieve stated goal and which industries will be affected by the measure?  
Answer  
In 2015, Thailand commenced the establishment of 10 Special Economic Zones (SEZs) in 10 key 
border provinces, namely Tak, Mukdahan, Sakaeo, Trat, Songkhla, Chiang Rai, Nong Khai, Nakhon 
Phanom, Kanchanaburi, and Narathiwat with the ideas that SEZs will bec ome economic gateways 
connecting with the neighboring countries, and the people will have better quality of life. The 
objectives of SEZs are: (1) prosperity contribution to border areas, (2) increase in and improvement 
of quality of life, and (3) solving o f security problems.  
The Ministry of Commerce realizes the importance of boosting trade in Thailand 's border provinces 
and improving the competitiveness of Thai entrepreneurs. Therefore, the border trade promotion 
between Thailand and neighboring countries events have been held in order to promote trade and 
investment cooperation and help increase economic growth in the local areas. Such activities 
included:  
1) Border trade exhibition by Thai entrepreneurs and entrepreneurs from neighborin g 
countries;  
2) Customized courses emphasizing capacity building for Thai entrepreneurs, such as, 
developing tourism products for export, and New Normal E -Commerce; and   
3) Business matching event between Thai entrepreneurs and entrepreneurs from 
neighboring cou ntries.  
Furthermore, the Young Entrepreneur Network Development Program or YEN -D was initiated to help 
establish business networking among potential young entrepreneurs from Thailand and neighboring 
countries. During the past five years, there were over 1, 400 Thai and foreign entrepreneurs joining 
in the program, raising over THB 5,200 million in trade value. The Ministry of Commerce will continue 
to promote the aforementioned activities in order to increase trade and investment in the border 
areas.  WT/TPR/M/ 400/Add.1  
 
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 2 TRAD E AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.3  Other agreements and arrangements  
2.3.3.2  Asia-Pacific Economic Cooperation (APEC)  
Box 2.1  Thailand 's Bogor Goals Progress Report (September 2018)  
Pages 42 -43 
Question  5 
The Secretariat 's Report states that Thailand 's government representatives have upheld foreign 
ownership restrictions remained in some areas. Could you please provide the full list of restrictions 
for foreign business owners in Thailand?  
Answer  
Please refer to  Table 2.5 (Businesses restricted for foreign investment under the Foreign Business 
Act) in the Secretariat Report.  
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment Regime  
Table 2.5  Businesses restricted for foreign investment under the Foreign Business Act  
List 3 - Businesses in which Thai nationals are not yet ready to compete with foreigners  
Pages 45 -46 
Question 6  
The list of restrictive measures seems to be quite large. Could Thailand please clarify whether there 
are any plans to decrease the number of businesses, in particular, from List 3?  
Answer  
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 four 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 law on insurance, financial institution business, and 
representative office/regional office.  
To review the regulated businesses under the FBA, the regulation promulgation process is required 
to hold public hearings from stakeholders and sector regulators are held. The result based on pros 
and cons usually requires sufficient information for the Commission to remove the regulated 
businesses from the list.  
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment Regime  
Page 46, Paragraph 2.47 
Land ownership by foreign individuals and legal persons is regulated under several laws, i.e. the 
Land Code, the Industrial Estate Authority of Thailand Act, the Investment Promotion Act, and the WT/TPR/M/ 400/Add.1  
 
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 Condominium Act. In general, under the Land Code, a foreign company or a Thai company with 
foreign capital in excess of 49% may not own land in Thailand, unless the company is promoted by 
the BOI or the land is on a government -approved industrial estate, and provided certain conditions 
are met. A foreign company th at is promoted by the BOI may apply for land ownership under 
Section  27 of the Investment Promotion Act; if the land acquisition is approved, the use of the land 
is limited to the activity being promoted. A foreign company that is allowed to undertake indu strial 
or commercial activities in an industrial estate will be granted the right to own land for the business 
undertaking and commerce under Section 44 of the Industrial Estate Authority Act (1979) and its 
revisions. Under the Condominium Act, foreign ind ividuals and companies may hold ownership in a 
condominium, provided they do not own more than 49% of the total area of the condominium unit.  
Question 7  
Could Thailand please explain the expression "domestic companies which are deemed foreigners " 
from your  Schedule of specific commitments in services (document GATS/SC/85, page 3). Does it 
refer to all Thai companies with foreign capital in excess of 49%?  
Answer  
Yes. 
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment Regime  
Page 47, Paragraph 2.50 
Thailand has 36 bilateral investment treaties in force, one of which (with the United Arab Emirates) 
came into force during the period under review. The country also maintains 61 double taxation 
treaties (DTAs), 3 of which entered into force since the last  Review (with Cambodia, Ireland and 
Tajikistan); previously existing DTAs with India and Singapore were revised during the review period, 
and a new DTA with the Philippines was concluded and came into force in 2018 (Box 2.2).  
Question 8  
According to UNCTAD , the last Bilateral Investment Treaty (BIT) that Thailand has signed so far was 
with UAE on 23/02/2015. Could you please explain why Thailand has not concluded any new BITs 
since 2016?  
Answer  
Since 2017, Thailand has suspended all BIT negotiations in orde r to revise the BIT Model to take 
into account new developments in the international investment landscape and to further improve 
clarity of ISDS procedures. Since then, Thailand has been coordinating with UNCTAD and holding 
internal consultations among lin e agencies to improve the BIT Model which was recently concluded 
in 2020.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.2  Tariffs  
3.1.2.3  Applied tariff  
Pages 54 -55, Paragraph  3.28 
According to Thailand 's Tariff Schedule for 2020, provided by the authorities and also notified to the 
IDB, the applied rates on a number of tariff lines are higher than the bound rates (Table 3.4). The WT/TPR/M/ 400/Add.1  
 
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 authorities indicate that this is not the case, using as evidence a 2017 no tification from the Ministry 
of Finance (in Thai only).  
Question 9  
According to the report, Thailand applies for some tariff lines rates that are higher than its bound 
rates under the WTO obligations. Could Thailand please explain the reasons for such meas ures? How 
do these measures comply with the Thailand 's WTO obligations?  
Answer  
Thailand 's applied tariff rates under The Ministry of Finance RE: Exemption Duty, Decreasing and 
Increasing Customs Duty Tariff rate under the obligations of Marrakesh Agreement Establishing The 
World Trade Organization, dated 10 November B.E. 2560 (2017) totally comply with the bound rates 
under WTO, while applied tariff rates under other Notifications besides the said Notification are 
applied to non -WTO members. The ex porters/importers from WTO member countries must indicate 
their origin during the customs procedures in order to get the WTO applied tariff rates.  
Additionally, according to the notification, Thailand committed tariff rates for Barley other than seed 
under the tariff code 1003.90.00 at 27%, for Other cereals under the tariff code 1008.90.00 at 27%, 
for Toothpicks of bamboo under the tariff code 4421. 91.60 at 20% and for Toothpicks of wood other 
than bamboo under the tariff code 4421.99.80 at 20%, all in ad valorem  rate. When concerned 
products imported from WTO member 's country, the rate as mentioned above will be applied.  
3 TRADE POLICIES AND PRACTIC ES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.2  Tariffs  
3.1.2.5  Tariff exemption  
Page 55, Paragraph  3.30 
Tariff reductions and exemptions for the importation of machinery, equipment and materials have 
been maintained, as the Government tries to support the development of local industry, through 
incentive schemes provided by the Board of Investment and the Rev enue Department, among others 
(Section 3.3.1).  
Question 10  
Could Thailand please elaborate on the conditions and eligibility requirements for the tax 
exemptions?  
Answer  
Under the investment promotion scheme of Thailand 's Board of Investment, the benefit from the 
exemption from the payment of import duties will be granted to promoted juristic persons. The 
utilization of this benefit is on voluntary basis, investors can choose whether to use local 
machinery/materials or imported machinery/materials.  However, the imported machinery/materials 
that can enjoy this benefit must be in consistence with the approved production process of the 
promoted activity.  WT/TPR/M/ 400/Add.1  
 
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 3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.2  Tariffs  
3.1.2.5  Tariff exemption  
Page 55, Paragraph  3.30 
Tariff reductions and exemptions for the importation of machinery, equipment and materials have 
been maintained, as the Government tries to support the development of local industry, through 
incentive schemes provided by the Board of Investment and the Rev enue Department, among others 
(Section 3.3.1).  
Question 11  
Could Thailand please specify the reasons for applying non -automatic import licensing requirements 
on tires of rubber for buses and trucks? What are Thailand 's plans for liberalization of this mea sure, 
if any?  
Answer  
To ensure its appropriateness and compatibility with the current tire trade and manufacture 
circumstances. There is no plan for termination of this measure.  
Question 12  
What is the role of automatic licensing regarding a wide range of products in the context of people 's 
life and health protection and environment preservation?  
Answer  
The Export and Import Act B.E.  2522 (1979) gives the authority to the Minister of Commerce with 
the approval of the Cabinet to issue import – expor t measures of goods for economic stability, public 
benefit, public health, national security, peace and order, good morals or any other interests of the 
State. 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.5  Anti-dumping, countervailing, and safeguard measures  
3.1.5.1  Anti-dumping and countervailing measures  
Pages 61 -62 
Question 13  
Thailand informs that some changes were introduced to the Antidumping and Countervailing Act. 
Could Thailand please explain the m ain novelties in trade remedies procedures? How could they 
potentially affect exporters ' rights? How does Thailand ensure transparency when applying such 
remedies, in particular while conducting antidumping and safeguards investigations? Could Thailand 
please indicate criteria for it?  
Answer  
The amendment to the Anti -Dumping and Countervailing Act does not affect the Anti -dumping and 
Countervailing procedures which are conducted in compliance with the ADA and SCM.  WT/TPR/M/ 400/Add.1  
 
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 The main novelty is to introduce the new chapter related the Anti -circumvention. This new chapter 
covers the factors need to be considered and the investigation process. Investigation shall be 
concluded within nine months and can be extended to another three months. If circumvention is 
found, Anti -dumping duties not exceeding the residual anti -dumping duty may be extended to 
imports from companies which circumvent the measure in force.  
Question 14  
Since 2014, Thailand government has implemented an Adaptatio n Plan in respect of the metallurgical 
industry of Thailand introduced in conjunction with the application of protective measures. The Plan 
is designed for 5 -year period (up to 2019) and is aimed at facilitating the process of economic 
adaptation of the me tallurgical industry, increasing its competitiveness in the domestic and foreign 
markets. Considering current sunset review of the anti -dumping measure in force for 
Russian  products, we kindly ask Thailand government to provide the results of the implement ation 
of the Plan within the framework of the present TPR.  
Answer  
Domestic industry do not have to complete an adaptation plan when request to extend the 
AD measure. However, if the domestic industry decided to send in its adaptation plan along with the 
petition it would be confidential.  
Question 15  
Could Thailand please provide a factual basis for measures that the government takes in respect of 
domestic industry in order to avoid global steel overcapacity? Does Thailand take into account the 
global steel overcapacity while elaborating domestic policy and programs for this industry?  
Answer  
Thailand was also affected by the global steel overcapacity problem. The increasing number of 
imported products causing an excess supply and domestic prices shrink problems.  The local steel 
industry thus cannot produce at full production capacity, resulting in higher production cost and loss 
of competitiveness. In order to mitigate the impact, The Ministry of Industry has been trying to 
reduce the global steel overca pacity production problem in Thailand by issuing "Ministry of Industry 's 
Notification" to prohibit a new establishment or expansion of a factory for concrete reinforced steel 
bars and billets to raise production capacity of the industry to the optimum poin t. 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures Directly Affecting Exports  
3.2.4  Export support and promotion  
3.2.4.3  Tax and duty compensation  
Page 67, Paragraph 3.72 
Exports of goods manufactured in Thailand continue to be eligible for tax coupons, which may be 
used to pay taxes and duties. The scheme is regulated under the Tax and Duty Compensation of 
Exported Goods Produced in the Kingdom Act B.E. 2524 (1981). In add ition to goods exported to 
other countries, the scheme also covers goods sold in Thailand to government agencies or state 
enterprises under foreign loans or foreign aid programmes, and goods sold to international 
organizations that are entitled to tax and duty exemptions.  
Question 16  
Could Thailand please provide more detailed information regarding this mechanism? How does it 
comply with the Thailand 's WTO obligations? Which sectors of Thai economy are affected by this 
measure?   WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thailand 's tax and duty compensation for exported goods is under Tax and Duty Compensation of 
Exported Goods Produced in the Kingdom Act B.E. 2524 (1981) 
(http://www2.fpo.go.th/FPO/modules/Content/getfile.php?contentfileID=14327) which complies 
with Annex I (i) and Annex  II (1) of Agreement on Subsidies and Countervailing Measures.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures Directly Affecting Exports  
3.2.5  Export finance, insurance, and guarantees  
Page 70, Paragraph 3.84 
EXIM Thailand offers its credit and insurance products at market rates based on risk, in order to 
cover its own costs and generate profits. Under the Export -Import Bank of Thailand Act B.E. 2536 
(1993), any severe loss incurred by EXIM Thailand from export -credit insurance or business 
operat ions approved by the Government is to be compensated by the Ministry of Finance through 
the allocation of funds from the Government 's budget.  
Question 17  
Could Thailand please provide information on the amounts compensated by the Government of 
Thailand to EXIM Bank in 2017 -2019? What is meant by «severe losses» that serve as a basis for a 
compensation.  
Answer  
Since no severe loss occurred in 2017 -2019, EXIM Thailand did not request for any compensation 
from the Government of Thailand during that period.   
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.1  Incentives  
Page 71  
Question 18  
Could Thailand please provide more information on the ongoing FTA negotiations with Turkey, 
Pakistan and Sri Lanka? What are the possible results of these negotiations?  
Answer  
Thailand -Turkey  
Thailand and Turkey started negotiations for a Free Trade Agreement in 2017. The first phase of the 
agreement negotiations would only cover trade in goods, while investments and tr ade in services 
will be incorporated into the free trade agreement in the next stage. The 6th round of negotiations 
was held in December 2019, while the next round had to be postponed due to the recent pandemic. 
The on -going negotiations are focusing on Ma rket Access and Rules of origin. Customs Procedures 
and Trade Facilitation as well as economic cooperation have been concluded where other areas such 
as TBT, SPS, Trade Remedies, and legal issues are in much progress. The conclusion of this FTA is 
expected  in 2021.   WT/TPR/M/ 400/Add.1  
 
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 Thailand -Pakistan  
Thailand and Pakistan launched FTA negotiations in 2015 with trade in goods as the first negotiation 
agenda. To date, 9 rounds of negotiations have already been taken place with the conclusion of 
12 chapters out of 13 chapters under the FTA pact. The negotiations have already concluded the 
tariff reduction modality. The next negotiation round will be held after Pakistan is ready to exchange 
the offer lists. The two countries aim to sign the FTA pact in 2021.  
Thailand -Sri Lanka  
Thailand and Sri Lanka started negotiations for a comprehensive Free Trade Agreement in 2018 
covering Trade in Goods, Trade in Services, investment and economic cooperation. The 2nd round 
of negotiations was held in September 2018, two months after the kick -off negotiation in July 2018. 
The next round, however, was held back by the newly elected Sri Lankan government. The 
negotiations will be resumed once Sri Lanka has a new negotiating committee.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2  Standards and other technical requirements  
Pages 82 -85 
Question 19  
What criteria does Thailand use in order to prioritize countries and goods for a MRA?  
Answer  
Before signing a MRA with any country, TISI would prioritize the countries and goods by considering 
the government policy, international trade volume, and comparing our technical regulations with 
those of the member countries.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Producti on and Trade  
3.3.6  Competition policy and price regulation  
3.3.6.4  Price regulation and control  
Page 103, Paragraph  3.217  
The 229 goods and services on the price monitoring list are watched over by the Department of 
Internal Trade. The list is further subdivided into three categories: (i) the sensitive list; (ii) the 
priority watch list; and (iii) the watch list. Products on the sensitive list are subject to daily 
monitoring; those on the priority watch list are subject to monitoring twice a week; and those on 
the watch list, every 15 days or every month. For the 56 goods and services currently on the price 
control list, the m anufacturers or services suppliers must get approval from the CPP before raising 
prices, or give advance notice of a change in price. The price control list covers essential items for 
daily use, such as food and consumer products, farm -related products (fe rtilizers, pesticides, animal 
feed, tractors, rice harvesters), construction materials, transport equipment, paper, petroleum, and 
medicines. Delivery services for online shopping were added to the control list in 2017, and medical 
services in 2019. In Mar ch 2020, face masks and hand sanitizers were declared controlled goods, 
due to the COVID -19 pandemic.  WT/TPR/M/ 400/Add.1  
 
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 Question 20  
What is the motivation to use price control mechanism despite the fact it includes not only essential 
social goods, but also a number of indu strial goods, in particular metal products, paper, tires, 
fertilizers and pesticides?  
Answer  
At present, goods and services under the "Controlled Goods and Services " list under the Prices of 
Goods and Services Act B.E. 2542 (1999) are not under any price control measure, except surgical 
masks domestically produced that are set a ceiling price. Due to the COVID -19 pandemic, the 
demand for surgical masks in Thailand has  increased significantly resulting in price increase 
inconsistent with the cost. A selling price is set in order to ensure fairness to consumers.  
For other goods appeared in the "Controlled Goods and Services" list, usual regulatory measures are 
requiring business operators to report prices and quantities monthly, to notify costs, prices, and 
details of goods, to notify price adjustments, to notify quantities and places of storage, and 
importation and production plans, etc.  
4 TRADE POLICIES BY SECTOR  
4.3 Energy  
4.3.2  Hydrocarbons  
Pages 130 -131 
Question 21  
Thailand have implemented subsidy reforms in recent years in respect of hydrocarbons. Could 
Thailand please provide more information considering the results of this reform?  
Answer  
The government has a policy to offset fuels containing biofuels to help Thailand benefit as follows : 
1. Economic  
Reduce the import of fuel from abroad to reduce energy dependence from abroad.  
2. Social aspect  
It helps farmers earn more by growing crops that can be used as bio fuel. 
3. Environment  
Reduce pollution emitted from fuel combustion.  
4 TRADE POLICIES BY SECTOR  
4.4 Manufacturing  
Page 134, Paragraph 4.85 
In 2019, the Office of Industrial Economics, under the Ministry of Industry, launched an Action Plan 
on Industrial Development (2019 -37), aimed at "moving towards a wisdom -driven industry that 
connects with global economy". The main objectives include: enhancing Thailand 's industrial 
competitiveness in the world; generating more income and creating more jobs , and ensuring the 
continuity and stability of economic growth; and using industrial development as a key engine to 
transform Thailand into a high -income, developed country. The authorities stated that the Plan sets WT/TPR/M/ 400/Add.1  
 
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 specific targets in terms of minimum ann ual growth rates from 2019 to 2037, for the following 
indicators: industrial sector 's GDP no less than 4.5%; rate of investment in the industrial sector no 
less than 10%; export value no less than 8%; and total factor productivity no less than 2%.  
Questio n 22 
Could Thailand please elaborate on the «Action Plan» started by Thai officials and provide an input 
of actions that government endeavor to achieve stated goal? Which sectors will be affected by the 
«Plan»? Does it envisage import substitution and expo rt support measures for products 
manufactured in Thailand? Which industries are prioritized according to the declared Plan?  
Answer  
The industrial sectors under the action plan are the target industries that the Ministry of Industry 
considered as the important engines of economic growth. They consist of five groups namely : 
1) Agriculture, Food processing and Biotechnology  
2) Public Health, Health, and Medical Technology  
3) Electronically Controlled Mechanical, Smart Devices, and Robots e.g. automotive and 
parts, electrical appliances and telecommunication equipment, robots, and aircraft  
4) Digital Groups e.g. internet technology, connected device s, artificial intelligence, 
software development, e -commerce, and data center cloud computing  
5) Creative Industry Capital, Culture and High Value Services e.g. tourism, fashion 
industry, lifestyle industry, creative media and animation industry . 
Instead of u tilizing import substitution or export support measures. The Ministry of Industry 's 
measures focus on building a necessary infrastructure and creating good business environment to 
promote investment in the abovementioned industries in order to reach the st ated goal.  
4 TRADE POLICIES BY SECTOR  
4.5 Services  
4.5.2  Communications  
4.5.2.1  Telecommunications  
Pages 146 -147, Paragraph  4.143  
The concentration of Thailand 's telecommunication market is considered high, with the latest 
available Herfindahl -Hirschman Index (HHI)  numbers greater than 2,500 (Table 4.15). According to 
the authorities, there are eight service providers in the fixed telephony market in 2020. In the 
first quarter of 2020, TOT Public Company Limited accounted for nearly 80% of the market share, 
followed by TRUE Internet Corporation Company Limited with 17%; the rest occupied some 4%.  
Question 23  
What are the measures undertaken to promote competition in the telecommunication market?  
Competition in Telecommunication s Market  
The regulation over the competition of telecommunications business shall comply with the Trade 
Competition Act B.E. 2560 (2017). The regulation of NBTC shall be under the principles of the 
four notifications, which are:  WT/TPR/M/ 400/Add.1  
 
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 1) Notification of the NBTC o n Measures to Prevent the Monopoly or Unfair Actions in the 
Telecommunications Business B.E. 2549 (2006).  
2) Notification of the NBTC on Criteria and Procedures to Identify the Significant Market 
Power in the Telecommunications Business B.E. 2557 (2014).  
3) Notification of the NBTC on Definitions and Scopes of Relevant Telecommunications 
Market (Vol. 2) B.E. 2563 (2020).  
4) Notification of the NBTC on Merger and Acquisitions Regulation in Telecommunications 
Business B.E. 2561 (2018).  
Currently, the Office of NBTC is reviewing the procedures to identify the Significant Market Power in 
the telecommunications business by considering mainly on the change of technology and market 
demand, as well as the condition of the competition.  
Consumer Protection  
The National Broadcasting and Telecommunications Commission (NBTC) of Thailand has the 
authority to supervise telecommunications business for the protection of the service users, pursuant 
to the Telecommunications Business Act B.E. 2544. The service users (consumers) h ave the right to 
lodge a petition to the NBTC in case of suffering from the telecommunications operators or the 
licensees, the right to request information of his or her service usage from the licensees and the 
right to use service from his or her own tele communications equipment, but not limited to the right 
of freedom and privacy to communicate by means of telecommunications. In case licensees violate 
or fail to comply with this regulation, the NBTC has the power to order the licensees to terminate 
such v iolation, or to correct and act in appropriate manner within a specified period. Should the 
licensees not comply, the NBTC has the authority to suspend or revoke the license.  
Moreover, the NBTC is obligated to protect consumer rights against unfair contra ct terms. In 
accordance with Notification of the NBTC on Standard Contracts for Telecommunications Service 
Provision B.E. 2549, the NBTC has the authority to examine and approve the standard contracts 
provided by telecommunications service providers to ens ure that those contracts shall contain 
necessary contract terms and shall be devoid of unfair contracts that exploit service users.  
The NBTC also vigorously encourages the service users to be aware of their rights. The NBTC has 
actively instructed the service providers to inform of users ' rights by publicizing the notifications on 
the rights of mobile -phone users and fixed -line Internet users at their service -providing premises. 
This serves to ensure that the service users are well aware of their rights with precision and clarity.  
The Telecommunications Consumer Protection Bureau (TCP) is an organization to be in charge of 
protecting the rights of service users, under the authorization of the NBTC. The roles and missions 
of TCP shall be el aborated as follows:  
The NBTC 's Telecommunications Consumer Protection Bureau (TCP ) 
The Telecommunications Consumer Protection Bureau (TCP) has been established to have its 
responsibilities concerning the measure for the protection of freedom rights of the  citizen, for not 
being exploited by the telecommunications operators, for promoting people 's rights, freedom and 
equity so that they are able to access the spectrum and telecommunications services, setting up 
criteria and procedures and handling of matter s related to consumer protection, receiving and 
managing complaints, and resolving disputes between telecommunications services providers and 
consumers, as well as giving support on administrative services to the Sub -committee on 
Telecommunications Consume r Protection.  
TCP also supervises and acts upon the activities regarding consumer protection in accordance with : 
1) NBTC 's Regulation on the mediation of disputes between telecommunications business 
licensees and complainants B.E. 2555 (2012).  WT/TPR/M/ 400/Add.1  
 
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 This regulat ion is expedient to determine the mediation process for considering the complaints 
between the telecommunications business licensee and the complainant in order to solve the 
problems of the parties. Adding the channels for resolving disputes and giving the  parties the 
opportunity to settle the dispute promptly and satisfactorily. This can also maintain good 
relations among concerning parties and create balance in the development of 
telecommunications as well as increasing the efficiency of consumer protecti on. 
2) Notification of the NBTC on the process for receiving and considering complaints on 
telecommunications business B.E. 2559 (2016).  
This Notification is expedient to revise Notification of NBTC on the process of complaints 
receiving and considering fo r the protection of the users ' benefits, particularly the rights and 
freedoms of people. It also ensures that the users will not be taken advantage of from business 
operators. In order to consider and resolve complaints, the protections encompasses persona l 
information, privacy rights, and freedom of the individuals to communicate by means of 
telecommunications. It will be convenient, fast, and aligned with the provisions of law on the 
organization to allocate radio frequency and to regulate radio broadcast ing business and 
telecommunications operation.  
TCP also establishes a channel for receiving complaints for the consumers through : 
(1) Email: tcp.service@nbtc.go.th (2) URL: http://tcp.nbtc.go.th (3) NBTC Call Center 
Dial 1200 (4) SMS to 1200 (5) Fax: 02 22 79 0251 . 
The NBTC 's roles in bridging digital divide  
The NBTC 's roles to bridge Thailand 's digital divide proceeds with a promising progress. So far, the 
NBTC has been working, with ardour and vigour, to fulfil the Universal Service Obligation (USO) and 
reduce the gap in telecommunications access. Pursuant to the Section 27 (12) and Section 50  of the 
Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and 
Telecommunications Services B.E. 2553 (2010) and Section 17 of the Telecommunications Business 
Act B.E. 2544 (2001), the NBTC is obligated to ensure the universal ba sic accessibility to the 
telecommunications service for all walks of lives in Thailand – covering both spatial and social 
dimensions.  
The NBTC adopts the framework based on Notification of the NBTC on the Universal Service 
Masterplan No. 2 B.E. 2560 -2564 (2017 – 2021). The Masterplan is set to provide 
telecommunications service in areas including rural, low profit -yielding, service -insufficient, 
service -lacking, but not limited to services in religious sites, hospitals, and social service agencies. 
It also  requires the NBTC to provide public telecommunications service access to the groups of 
individuals, comprising the underprivileged, the disabled, children, the elderly, and other 
disadvantaged groups.  
Another key framework which the NBTC operates is the Telecommunications Masterplan No. 2 
B.E. 2562-2566 (2019 – 2023). The Telecommunications Masterplan accentuates the NBTC 's 
commitment to mollify the ongoing digital divide. This appears in the strategy No. 4 "Providing 
Universal Basic Telecommunications an d Social Services" of this Telecommunication Masterplan. To 
drive the strategy, three implementation approaches have been introduces as follows:  
1) Provision of Basic Telecommunications Services in Geographical Dimension  
2) Provision of Basic Telecommunica tions services in Social Dimension  
3) Promoting and Supporting Digital Technology Skill Development to Encourage the Target 
Group to Utilize Telecommunications Services Efficiently with Social Responsibility in order to 
Empower the People, Community, and S ociety to Support Digital Society Development . 
Moreover, the NBTC is expediting the provision of mobile phone service and high -speed internet 
service projects in the marginalized areas (Zone C+), as well as the high -speed internet service 
projects in remot e areas (Zone C). These plans and operations therefore serve to alleviate the WT/TPR/M/ 400/Add.1  
 
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 inequitable access to telecommunications and effectively bridge the ongoing issue of digital divide 
in Thailand.  
4 TRADE POLICIES BY SECTOR  
4.5 Services  
4.5.3  Transport  
4.5.3.2  Terrestrial transport  
4.5.3.2.2  Rail transport  
Page 153, Paragraph  4.187  
The State Railway of Thailand (SRT), an agency under the Ministry of Transport, owns the national 
network, and acts as the sole carrier for inter-city/inter -regional traffic, and as the network 
infrastructure manager. The SRT 's main business is passenger transport. Under the Public Service 
Obligation, an agreement with the Government, 90% of passenger loads are price -capped (i.e. 
transported i n third -class carriages), which occupy 70% of track capacity.  Freight is not considered 
a priority for the SRT; it operates, on average, 62 freight trains per day, carrying fuel, construction 
materials, containers, and general goods. In 2015, rail freight accounted for 1.4% of total freight 
transport.  
Question 24  
What are the policies aimed at liberalizing participation of foreign companies in rail freight transport, 
if any?  
Answer  
Ministry of Transport is promoting private sector to participate in transpor t infrastructure 
development, management as well as services in the form of Public -Private Partnership (PPP) which 
aim to utilise private expertise in transport sectors. Therefore, foreign companies can join with Thai 
company and abide by relevant law and regulations.  
 
  WT/TPR/M/ 400/Add.1  
 
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 SINGAPORE  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT  – WT/TPR/S/400  
2 TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES  
Question  1 
Trade Policies by Sector (Section 4.5.3.3 Maritime transport)  
Page 154 , Paragraph 4.193  
We note that Thailand has in place a cargo reservation policy which requires goods imported into 
Thailand by government agencies or public enterprises to be transported by Thai -flagged vessels on 
designated shipping routes, where such vessels are available.  We wish to seek Thailand 's clarification 
on the circumstances under which foreign vessels may be permitted to provide such services, if 
domestic vessels are not available and how these circumstances are determined.  We would also 
appreciate if Thailand could share if there are any administrative procedures involved.  In addition, 
we would like to know if Thailand intends to review its cargo reservation policy as part of the review 
of its key maritime laws.  
Answer  
According to the criteria of Thailand 's cargo reservation measure, government authorities, 
government agencies or public enterprises or their contract parties which intend to import goods to 
Thailand on nine designated mandatory shipping routes (including transshipment), namely, from 
(1) Japan  (2) Republic of Korea (3) Chinese Taipei  (4) Hong Kong , China  (5) Singapore (6) Europe 
(Norway, Sweden, Finland, Denmark, United Kingdom, Ireland, Germany, Netherlands, Belgium, 
France, Spain, Portugal, and Italy), (7) United States (8) China, and (9) Mal aysia to Thailand are 
required to engage Thai -flag vessels for such transportation. As shipping routes other than those 
nine designated routes are not mandatory, any vessels flying Thai or non -Thai flag can be engaged 
to carry the imported goods.  
Thai-flag vessels in this context include vessels registered with the Marine Department of Thailand 
to fly Thai flag and foreign vessels chartered by Thai shipowners or operators which receive the 
same rights and privileges as Thai -flag vessels.  
If a government au thority/agency or its contract party decides to engage service provided by a 
Thai-flag vessel or a chartered foreign vessel receiving the same rights and privileges as Thai -flag 
vessels, the government authority/agency or the contract party is required to notify the Marine 
Department for the use of such service at least one day before imported goods are loaded.  
In addition, when such vessel arrives at a Thai port, the responsible government authority/agency 
or its contract party is also required to notify its arrival to the Marine Department within seven  days.  
If neither Thai -flag vessels nor chartered foreign vessels are available for services, the government 
authority/agency or its contract party is required to seek permission to engage services provided  by 
non Thai -flag vessels from the Marine Department no less than 10 days before imported goods are 
loaded. After receiving such request, the Marine Department will contact Thai shipowners/operators 
to see whether any Thai -flag vessel or chartered foreign vessel is available to transport imported 
goods to Thailand. If the Department receives a reply from a Thai shipowner/operator that he has a 
Thai ship available to provide service, the Department will not grant permission to the requested 
government author ity/agency or its contract party and insist that the requested government 
authority/agency or its contract party must engage the service provided by the reply 
shipowner/operator. On the other hand, if the Department receives no reply from 
Thai shipowners/o perators, it will grant permission to the requested government authority/agency 
or its contract party for the use of non Thai -flag vessel to transport imported goods to Thailand.  
When the non Thai -flag vessel arrives at a port in Thailand, the government authority/agency or its 
contract party must notify the Marine Department of such arrival. If any government 
authority/agency or its contract party does not use the service of Thai -flag vessel or chartered WT/TPR/M/ 400/Add.1  
 
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 foreign vessel or does not seek permission to use n on Thai -flag vessel from the Marine Department, 
such government authority/agency or its contract party is required to pay a special fine to the Marine 
Department.  
The Marine Department has intended to review the cargo reservation measures from time to time  
since the implementation of such measures involve loads of administrative work.  
Page 155 , Paragraph 4.195  
Question 2  
We note that foreign vessels may be permitted to provide specific shipping services in Thailand for 
one year, if domestic vessels are not available. We further note that this would be on a case -by-case 
basis and subject to the authorisation of the Thailand Ministry of Transport. We would like to seek 
clarification on the circumstances under which foreign vessels may be permitted to provi de such 
services, and whether there are any administrative procedures involved. We would also like to seek 
Thailand 's clarification on whether there are other services besides the laying of pipes which foreign 
vessels may be permitted to provide.   
Answer  
Circumstances for engaging services provided by foreign vessels  
The circumstances under which foreign vessels may be permitted to provide specific shipping 
services in Thailand mainly arise from the insufficient number of Thai vessels providing services to 
meet the domestic transport demand in certain parts of Thai territorial waters. To present, the 
circumstances under which foreign vessels have been permitted to provide services in Thai territorial 
waters include:  
- Survey, inspection and installation of submarine transmission cable  
- Construction of a marine terminal  
- Activities relating to petroleum industry  
- Transportation of goods and chemical products  
- Channel dredging and sand suction . 
Administrative procedures involved  
If such circumstance does exist, one who wishes to use such transport services in certain part of the 
Thai territorial waters that Thai vessels are not available to provide services must apply for the 
permission and submit a written request form to the Ship Regist ration Standard Bureau, Marine 
Department or the Marine Regional Offices.  
The Ship Registration Standard Bureau, Marine Department or the Marine Regional Offices, after 
which, receiving the written request form, will make an assessment of the availability of shipping 
services of Thai vessels in the specified area by putting the official request seeking the available 
shipping services provided by Thai ship owners/operators on the Department 's website at least 
15 days while issuing official letters on the sam e matter to stakeholders such as the Thai Shipowners ' 
Association.  
If the Department receives no reply on the availability of shipping services provided by Thai ship 
owners/operators or the unfavorable reply indicating the unavailability of such services, the applicant 
must submit the request for permission to use the non Thai -flag vessel to carry the imported goods 
to Thailand together with supporting documents to the Ship Registration Standard Bureau, Marine 
Department or the Regional Marine Offices withi n 30 days.  WT/TPR/M/ 400/Add.1  
 
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 After verifying the validity of request form and supporting documents, the Marine Department will 
submit the request to the Minister of Transport to consider granting permission. If the Minister agrees 
to grant permission, the Marine Department  will notify the applicant to pay a special fee and issue 
a permit. If not, the Marine Department will notify the applicant of the result and the right to appeal.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT  – WT/TPR/S/400  
Nil. 
GENERAL QUESTIONS  
Foreign Equity Limit  
Question 3 
We understand that most of the ASEAN Member States (AMS) have removed the Foreign Equity 
Limit in the Insurance and Capital Markets Sectors in the Financial Services Protocol of the ASEAN 
Framework Agreement on Ser vices (AFAS). However, Thailand has been maintaining the Foreign 
Equity Limit at 49%. While we note that the regulatory regime allows certain Financial Institutions 
to go beyond the current cap in the AFAS, this would still be given on a case -by-case basis  unlike a 
standard rule as in the FTA.  Given that the existing leeway to increase and the strong push for 
financial integration in the region as well as the high levels of Mode 3 commitments shown by the 
other AMS, could Thailand reconsider removing or increasing the current Foreign Equity Limits?  
Answer  
The foreign equity limitation is in accordance with the laws under Life Insurance Act and Non -Life 
Insurance Act and its amendment. However, the foreign shareholder in insurance company under  
the Insurance Act are in three levels as follows : 
1) Foreign shareholders are allowed up to 25% . 
2) Foreign shareholders may hold up to 49%, upon a permission granted by the 
Commission where it deems appropriate.  
3) Foreign shareholders may hold more than  49%, upon a permission granted by the 
Minister of Finance with a recommendation from the Commission, in the following cases : 
- A case that the company 's standing or operations are of a condition that might 
cause damage to the insured or the public  
- A case to strengthening the stability of the company or the insurance industry.  
The consideration of approval foreign shareholder relaxation is case by case basis. Reconsidering to 
remove or increase the current Foreign Equity Limits is subject to the govern ment policy.  
 
  WT/TPR/M/ 400/Add.1  
 
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 SWITZERLAND  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Summary  
Paragraph 16 
Question  1 
The paragraph states that Thai SOEs are "among the top receivers of public funds ". Could Thailand 
elaborate on the amounts, nature and affectation of these funds?  
Answer  
In fiscal year 2020, state enterprises received THB 155,202.8 million budget or approximately 4.9% 
of total.  
Please visit http://www.bb.go.th/en/topic -detail.php?id=11211&mid=456&catID=0 for more 
information.  
1 ECONOMIC ENVIRONMENT  
1.1 Main Features of the Economy  
Question  2 
According to Table 1.1 (page 12), the unemployment rate in Thailand is really low (below and around 
1% from 2015 -19), how do you explain this number?  
Answer  
Please see the study by Bank of Thailand at : 
https://www.bot.or.th/English/MonetaryPolicy/MonetPolicyComittee/MPR/BOX_MRP/BOXMPR_EN_
March2019_01.pdf . 
Paragraph s 1.3,  1.16, 1.25 
Question  3 
La Thaïlande fait face à un accroissement des inégalités de revenu et prévoit une réforme fiscale 
pour y faire face. La Thaïlande  envisage -t-elle d 'autres mesures afin de lutter contre l 'accroissement 
des inégalités de revenu et régionales (par ex. concern ant l'accès à l 'éducation)?  
[Thailand is facing increasing income inequality and is planning tax reform to address it. Is Thailand 
considering other measures to address growing income and regional inequalities (e.g. access to 
education)? ] 
Answer  
The Office of National Economic and Social Development Council (NESDC) publishes the annual 
poverty and inequality report each year. The assessment of inequalities of this report contains rich 
information and insights that help us track inequality performa nce in Thailand over the past decade. 
Although the indicators show that the gaps in opportunities have gradually narrowed, much more 
remains to be accomplished.  WT/TPR/M/ 400/Add.1  
 
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 Policy gaps that need to be addressed include:  
1) The resources of public assistance programs ha ve not entirely directed to those most in 
need  
2) GTPs (Government Transfer Payments) alone may not sustainably tackle poverty  
3) Regional inequality explains the differences in opportunities and quality of public 
services  
4) Evaluation of anti -poverty/inequalit y programs is needed to assess impacts.  
Taking these into account, the following are the policy implications that we are considering 
addressing inequality problems in Thailand:  
5) Improve the poverty -targeting system to reach more poor people, while ensuring 
minimum inclusion error  
6) Tailor public assistance programs to the unique needs of the poor  
7) Expand growth to other regions and empower communities to develop and apply 
locally -based solutions to poverty  
8) Effectively utilize allocated resources to del iver public services in a cost -effective 
manner  
9) Redesign tax system in a way that enhance income redistribution and reduce 
inequalities  
10) Assess the effectiveness of public assistance programs in order to improve and eliminate 
programs that are duplicative a nd ineffective . 
Paragraph s 1.5 , 1.7 
Question  4 
La Thaïlande est fortement dépendante du commerce et de son intégration dans les chaînes de 
valeur mondiales. A -t-elle entamé ou envisage -t-elle une réflexion en ce qui concerne les 
conséquences de la pandémie  de COVID -19 sur les chaînes d 'approvisionnement mondiales et la 
dépendance vis -à-vis de l 'étranger?  
[Thailand is heavily dependent on trade and its integration into global value chains. Have Thailand 
started or is considering thinking about the consequences of the COVID -19 pandemic on global 
supply chains and dependence on overseas? ] 
Answer  
The COVID -19 pandemic brings the economic stagnation, trade and investment deceleration so that 
Thai economic is not able to rely on other countries as it used to be.  
To drive the country during the pandemic, the Separated Master Plan from the COVID -19 pandemi c 
(2021 -2022) and the 13th National Economic and Social Development Plan focus on the "Resilience " 
to emphasize on strengthening the local economy and SMEs  and to decrease the dependency of 
external/international economy. This will make the manufacturing s ector to have a higher ability to 
adapt and grow in a direction that promotes strong domestic growth and create opportunities from 
the appropriate linkages with the international / regional economy.  WT/TPR/M/ 400/Add.1  
 
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 1.3 Developments in Trade and Investment  
Question  5 
In Chart 1.3, we see an increase  of the share of gold exports from 2015 -19 (1.8% to 3.4%). What 
are the reasons for this increase?  
Answer  
Higher proportion of Thailand 's gold exports was resulted from appreciation of THB by  9.4% from  
2015-2019 (from 34.2 baht/USD  in 2015 to 31 THB/USD  in 2019). The western countries used 
economic stimulus measures and easy monetary policy, resulting in more capital movement to 
Thailand and Asia. Despite Thailand 's capital -account surplus, higher Forex reserves, and more 
economic stability, higher demand for THB caused appreciation.   
Impacts of gold imports and exports  
Negative economic factors increased the gold price in the global market (From  
1,200  dollars/troy  ounce in 2015 to 1,400 dollars/troy ounce  in 2019). Appreciation of THB resulted 
in cheaper import cost of gold. Therefore, gold trading through Thailand increased. This could be 
viewed from increasing imports and exports, both amount and value (In  2019, gold exports increased 
by +74%  YoY during the most ap preciation of THB ). This also resulted in more gem businesses 
growth. In fact, Thailand is a country where gold production is not sufficient for domestic use. 
Therefore, we mainly rely on gold imports from other countries.  
Paragraph 2.8  
Question  6 
How do y ou see the opportunities  and the roles of the foreign companies in the national strategy 
Thailand 4.0?  
Answer  
The Thailand 4.0 national strategy is designed for the engine of growth upon the value creation 
through technological innovation, value -based economy and digital transformation. Service -oriented 
and knowledge -based sectors are supported with wide range of opportunities to explore. There are 
five clusters to be focused as targeted clusters : 1) Food, Agri and Bio -tech, 2) Health wellne ss & 
Bio-Medical, 3) Smart Devices, Robotics & Mechatronics, 4) Digital, IoT, Artificial Intelligence & 
Embedded Technology, 5) Creative, Culture & High Value Services. Unless stated as prohibited by 
laws and regulations, the foreign companies are welcome to trade and invest in the targeted clusters.   
The government is also developing new growth hubs by starting with the Eastern Economic Corridor 
(EEC) which covers Rayong, Chonburi, and Chachoengsao provinces, with a total area of 
13,000  square kilometers. The government is also set to accelerate the area 's readiness to support 
all aspects of investment and economic growth, and fully expects that the EEC will be an important 
center for trade, investment, regional transportation, and a strategic gateway to As ia. Under the 
EEC, there are many benefits and privileges offered to foreign investors such as taxation, visa, and 
property investment and so on.  
The foreign companies, that own technology and innovation, will be the significant enablers for 
advancing Thai land's technology and research as well as enhancing labour skills in the industries. 
These companies will play a role in transferring technology and knowledge to Thai people. In 
addition, the targeted industries are going to heavily invest in research and development which is 
key to success for driving the policy of Thailand 4.0.  WT/TPR/M/ 400/Add.1  
 
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 2 TRADE AND INVESTMENT REGIME  
2.1 General Framework  
Question  7 
Is the approval of international agreements, or of amendments thereof, always in the competence 
of the National Assembly or are there exceptions  (i.e. limited scope of new rights and obligations, 
amendments of a technical nature, etc.)?   
Answer  
According t o Section 178 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017), 
three  categories of treaties, or international agreements, must be submitted to the National 
Assembly for approval prior to their entry into force:  
a) any treaty which provides for a change in Thai territories or external territories over 
which Thailand has sovereign right or jurisdiction under a treaty or international law;  
b) any treaty which requires the enactment of a legislative Act for implementation; and  
c) any tr eaty pertaining to free trade, common customs union, or the authorisation of 
natural resources utilisation, or which cause the country to lose rights over natural 
resources, in whole or in part, or any other types of treaties provided by law, provided 
that any aforementioned treaty may have wide scale effects on the security of economy, 
society, or trade or investment of the country.   
Amendment of treaties is subject to the same constitutional requirement.  
Question  8 
What is the timeframe of approval of international agreements by the National Assembly? Is 
provisional application of an international agreement after signature by the King and before approval 
by the National Assembly possible?  
Answer  
What is the timeframe of approval of internati onal agreements by the National Assembly?  
According to Section 178 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017), the 
National Assembly shall complete its consideration for the approval of an international agreement 
within sixty days as f rom the date of receipt of such matter. If the National Assembly does not 
complete the consideration within such period of time, it shall be deemed that the National Assembly 
has given approval.  
Is provisional application of an international agreement afte r signature by the King and before 
approval by the National Assembly possible?  
As a point of clarification, treaties entered into by Thailand are signed either by the Prime Minister, 
the Foreign Minister or relevant Minister with Full Powers. Even though S ection 178 of the Thai 
Constitution provides that the King has the Royal Prerogatives to conclude treaties with other 
countries or international organisations, in practice this power is exercised through the Council of 
Ministers.  
Thailand recognises the pr ovisional application of treaties, as stipulated in Article 25 of the Vienna 
Convention on the Law of Treaties (1969). The Contracting Parties may express their intention during 
the treaty negotiation process, to include a provision on provisional applicat ion in the treaty, to allow 
treaty application before the Contracting Parties complete their internal procedures for the treaty to 
enter into force.  WT/TPR/M/ 400/Add.1  
 
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 It should be noted that as in any dualist State, the application of a treaty in Thailand will not be 
autom atic and internal procedures must first be completed.  
2.3.2  Regional and preferential agreements  
Question  9 
What are Thailand 's priorities in the field of free trade agreements?  
Answer  
1) To enhance opportunities on trade and economic  
2) To protect and preserve country 's trade and investment interests . 
Question  10 
What are Thailand 's priorities within the ASEAN?  
Answer  
Thailand priorities the following developments under ASEAN in 2020:  
1) Economic recovery after COVID -19 pandemic. Thailand supports the o ngoing 
development of the ASEAN Comprehensive Recovery Framework, which provides a 
strong foundation for a swift and sustainable economic recovery in ASEAN. Thailand 
also recognises the importance of maintaining supply chain connectivity, as highlighted 
in the "Hanoi Plan of Action on Strengthening ASEAN Economic Cooperation and Supply 
Chain Connectivity in Response to the COVID -19 Pandemic" that was adopted by the 
ASEAN Economic Ministers in June 2020.  
2) Supporting transformation into digital economy and preparation for harnessing the 
benefits of the fourth industrial revolution (4IR). 4IR will bring substantial benefits to 
ASEAN, including empowering SMEs and creating new ways to connect people to 
healthcare. On the other hand, 4IR will create considerabl e challenges as Artificial 
Intelligence and advanced robotic will undermine both manufacturing and services jobs. 
Thus, ASEAN is intensifying efforts to take a coordinated and holistic approach in 
regional transition to the 4IR.  
3) Singing and entry-into-force of the RCEP Agreement. The Regional Economic 
Comprehensive Partnership (RCEP) will deliver tangible benefits to all 15 participating 
countries through improvements in market access, more coherent trade facilitation 
measures and conducive r egulatory rules and cooperation. In turn, the economic 
integration will provide more choices to consumers and create new opportunities for 
ASEAN to participate in the global value chains.  
4) Trade facilitation:  
4.1) ASEAN Single Window (ASW) - All ASEAN Me mbers have now joined the ASW. 
The ASW opens a vast window of opportunities for ASEAN to exchange  documents 
electronically starting from the certificate of origins (e -Form D) and will expand 
to cover other documents including customs declaration, phytosani tary certificate 
and so forth.  
4.2) ASEAN -Wide Self -Certification (AWSC) - AWSC is a unified Self -Certification 
scheme under the ASEAN Trade in Goods Agreement (ATIGA). It is a trade 
facilitation initiative that allows Certified Exporter (CEs) in all ASEAN  Member 
States to self -declare the origin for their exports under ATIGA instead of applying 
for a Certificate of Origin (FORM D) with the Certificate Issuing Authority in their 
respective State. ASEAN is currently expediting the domestic process to ensure 
full operation of the AWSC as soon as possible.  WT/TPR/M/ 400/Add.1  
 
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 5) Managing Non -Tariff measures (NTMs) in ASEAN. The removal of NTMs that are 
considered as Non -Tariff Barriers (NTBs) are amongst key components of ASEAN 's 
efforts to enhance intra -regional trade  in ASEAN. I n this connection, ASEAN has applied 
ASEAN 's NTMs Guidelines and the Matrix of Actual Cases on NTMs/NTBs that ASEAN has 
developed in addressing, resolving, and removing identified NTBs.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.2  Tariffs – 3.1.2.3 Appl ied tariff  
Paragraph 3.27 – Page 53  
Question  11 
According to paragraph 3.27, the significant difference between bound and applied rates gives the 
possibility to raise applied tariffs to their bound levels.  
- Could Thailand indicate whether it has used this possibility since the previous TPR?  
- If yes, could Thailand indicate for which products (HS code, product description and 
rate)?  
Answer  
Thailand has never raised applied tariffs to bound levels.  
Paragraph  3.28 and Table 3.4 – Pages 54 and 55  
Paragraph 3.28 and table 3.4  indicate that for six tariff lines the applied rates are higher than the 
bound rates. However, the Thai authorities indicate that this is not the case.  
Question  12 
Could Thailand explain the reasons  of this divergences  and confirm that the applied rates for these 
six tariff lin es are below its bound rates?  
Answer  
Thailand 's applied tariff rates under The Ministry of Finance RE: Exemption Duty, Decreasing and 
Increasing Customs Duty Tariff rate under the obligations of Marrakesh Agreement Establishing The 
World Trade Organization , dated 10 November B.E. 2560 (2017) totally comply with the bound rates 
under WTO, while applied tariff rates under other Notifications besides the said Notification are 
applied to non -WTO members. The exporters/importers from WTO member countries must in dicate 
their origin during the customs procedures in order to get the WTO applied tariff rates.  
Additionally, according to the notification, Thailand committed tariff rates for Barley other than seed 
under the tariff code 1003.90.00 at 27%, for Other cerea ls under the tariff code 1008.90.00 at 27%, 
for Toothpicks of bamboo under the tariff code 4421.91.60 at 20% and for Toothpicks of wood other 
than bamboo under the tariff code 4421.99.80 at 20%, all in ad valorem  rate. When concerned 
products imported from  WTO member 's country, the rate as mentioned above will be applied.  
3.1.5  Anti-dumping, countervailing, and safeguard measures  
Question  13 
The report of the Secretariat, para graph  3.47, mentions that Thailand 's legislation on anti -dumping 
and countervailing measures was amended  in 2019 and that the amendment will be notified to the 
WTO once the English translation is completed. Could Thailand elaborate on the main changes 
introduced by the amendment?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The amendment has added a new chapter relating to Anti -Circumvention which cover the factors 
need to be considered and the investigation process. Investigation shall be concluded within 
nine months and can be extended to another three  months. If circumvention  is found, Anti -dumping 
duties not exceeding the residual anti -dumping duty may be extended to imports from companies 
which circumvent the measure in force.  
3.3.4  State trading, state -owned enterprises, and privatization  
Question  14 
The Performance of SOEs (GDP) is steadily rising. Further to the State -Owned Enterprise 
Development Act and to the use of public private  partnerships (PPPs), does Thailand foresee to 
continue to reform and improve the performance of SOEs?  
Answer  
The government has continued to develop and improve SOEs ' performances. At present, Ministry of 
Finance has established the State Enterprise Strategic Plan, B.E. 2560 – 2564 (2017 – 2021), which 
aims to develop SOEs ' operation to achieve the goal set by the Na tional Strategic Plan.  
In addition, Ministry of Finance has several SOEs ' management and monitoring tools to improve 
SOEs' performance, such as SOEs ' Good Corporate Governance principles and guidelines, Internal 
Control, Internal Audit, Risk Management gu idelines, Performance Evaluation System, and 
Disclosure.  
Question  15 
The authorities stated that the Government has not implemented any policy one SOE privatization 
since 2015. Is any such policy planned  for the future?  
Answer  
The government does not have any policy to privatize a state enterprise yet. On the other hand, the 
government encourages the improvement of SOE 's performance and enhances the efficiency of 
SOEs, as well as promotes PPP.  
3.3.5  Government procurement  
Question  16 
According to paragraph 3.181, the procurement regime in Thailand attaches great importance to the 
principles of value for money, transparency, efficiency, effectiveness and accountability. What are 
the experiences made so far with the new Public Procurement and Supplie s Administration Act 
B.E. 2560 of August 2017 in promoting  and implementing these principles? As Thailand may be 
aware because of its observer Status within the WTO Committee on Government Procurement, the 
same kind of principles  are also the cornerstone o f the WTO Government procurement Agreement 
(GPA). Does Thailand consider that adhering to the international recognized standards provided by 
the WTO Agreement on government procurement (GPA) in the near future may constitute an 
additional leeway to support  transparency, competition, value for money and to prevent corruption 
and collusive practices in government procurement?  
Answer  
Thailand has adopted many international recognized standards in government procurement such as 
Integrity Pact (IP) and Construct ion Sector Transparency Initiative (CoST) which significantly 
improve transparency and value for money in Thai government procurement. In addition, Public 
Procurement and Supplies Administration Act B.E. 2560 (2017) complies with international standards 
such as GPA, or UNCITRAL, however, Thailand does not have plan to become GPA member.  WT/TPR/M/ 400/Add.1  
 
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 3.3.6  Competition policy and price regulation  
Paragraph 3.196  
Question  17 
La nouvelle législation sur la concurrence (Trade Competition Act) est entrée en vigueur en 2017. 
Quel est l 'objectif principal que poursuit  cette nouvelle loi? Est -ce que la protection des 
consommateurs est également un but de cette loi?  
Answer  
In the past, the price regulation was practiced at the destination of the product, the selling place, 
which was the retail price followed by the observation of the wholesale price. Later, the trading 
system was changed. There were both oligopolistic and monopolistic markets. The retailers would 
sell their products at the price that was set by the originati ng point which resulted in the fact that 
consumers were forced to buy products at an expensive price. To prevent the entrepreneurs to build 
any monopolistic power over certain activities such as to limit the number of products to be sold 
which leads to the  shortage of products that consequently the increases of product prices. 
Apparently, consumer protection is not a goal of this law.  
However, the competition law (Trade Competition law), if the authority can apply every law 
effectively, the outcome could lead to consumer protection. However, Thailand introduced the 
Consumer Protection Act B.E. 2522 (1979) specifically to take care of this specific matter.  
Question  18 
Does the Office of the Trade Competition Commission as constituted under the new Tra de 
Competition Act also cooperate and consult with competition  authorities of other Member States in 
their dealings with anti -competitive practices?  
Answer  
Yes. As the OTCC has been established only for two years, OTCC cooperates with other member 
states in dealings with anti -competitive practice to help the OTCC developing and improving its works 
and competencies. There are several authorities that OTCC has cooperated with, such as ASEAN 
Experts Group on Co mpetition (AEGC), International Competition Network (ICN), Competition Policy 
and Law Group (CPLG) (APEC), UNCTAD, OECD, etc.  
Paragraph 3.202  
Question  19 
Des régulateurs sectoriels sont responsables des secteurs télécommunications et énergie. Est -ce 
que dans le cadre de la refonte des autorités institutionnelles  de la concurrence, une discussion a eu 
lieu sur la suppression des régulateurs sectoriels au pro fit d'une seule autorité de concurrence?  
[Sectoral regulators are responsible for the telecommunications and energy sectors. As part of the 
overhaul of institutional competition authorities, has a discussion taken place on the abolition of 
sectoral regulat ors in favour of a single competition authority? ] 
Answer  
The OTCC is the organisation to enforce the Competition Act B.E. 2560 (2017). However, Thailand 
has a sectoral regulator with experts who have particular skill set to regulate those sectors. 
Therefor e, the government never has discussion taken place on the abolition of sectoral regulators 
in favour of a single competition authority.  WT/TPR/M/ 400/Add.1  
 
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 Paragraph 3.213  
Question  20 
This para of the Secretariat Report mentions that there are competition chapters/provisions in some 
FTAs to which Thailand is a party but they are generally limited to transparency and cooperation. 
What sort of cooperation provisions are included in these FTAs? Does Thailand include, or foresee to 
include, provisions regarding  measures against anti -competitive practices in its preferential trade 
agreements? If this is the case, would these provisions also apply for state -owned enterprises?  
Answer  
Thailand -New Zealand Closer Economic Partnership  
In Thailand -New Zealand Closer Ec onomic Partnership Agreement, the Competition chapter 
comprises cooperation provisions on competition law enforcement, including through the exchange 
of information, notification, consultation, and coordination of enforcement matters that are 
cross-border in nature. Moreover, technical cooperation activities related to the implementation of 
competition law and policy are also included. These activities may entail (a) exchange of personnel 
for training purposes; (b) participation of personnel as lecturers or  consultants at training courses 
of competition law and policy co -organised and co -sponsored by the competition authorities of the 
Parties; and (c) any other form of technical assistance as mutually decided by the competition 
authorities of the Parties.  
In the Competition chapter, elements of measures against anti -competitive practices are also 
mentioned. The agreement promotes an effective coordination on competition policy and law 
between the Parties. It also requires that any measures taken by a Party to  proscribe 
anti-competitive practices, and the enforcement actions taken pursuant to those measures, shall be 
consistent with the principles of transparency, timeliness, non -discrimination, comprehensiveness 
and procedural fairness. In addition, the text s pecifies that, at the request of either Party, the Parties 
shall consult on particular anti -competitive practices and other competition issues adversely affecting 
trade or investment between the Parties. However, specific sectors can be exempted from the 
application of competition law provided that such exemptions are transparent and undertaken on 
the grounds of public policy or public interest.  
Thailand -Australia Free Trade Agreement  
Chapter 12 of the FTA highlights some of the most important aspects of co mpetition policy by 
addressing the promotion of competition through adopting and enforcing means or measures as 
parties deemed appropriate. Moreover, the TAFTA has also promoted the cooperation and exchange 
of information in the area such as competition la w enforcement and the matters related to the 
cross-border in nature. The TAFTA stipulates commitments for parties to promote transparency, 
non-discrimination, comprehensiveness as well as procedural timeliness and fairness in relation to 
application of com petition laws. In addition, the parties must made publicly available laws and 
regulations related to promotion of fair competition and anti -competitive practices. However, due to 
the non -binding nature of the commitments, these are applied to promote fair competition and 
curtail of anti -competitive conducts of businesses in general, with exemption for conducts 
undertaken on the grounds of public policy and public interest.  
ASEAN -Australia -New Zealand Free Trade Area  
Due to different in stage of development  of parties, the commitments relating to competition under 
AANZFTA are limited to cooperation activities such as (a) exchange of experience regarding the 
promotion and enforcement of competition law and policy; (b) exchange of publicly available 
informatio n about competition law and policy; (c) exchange of officials for training purposes; 
(d) exchange of consultants and experts on competition law and policy; (e) participation of officials 
as lecturers, consultants, or participants at training courses on com petition law and policy; 
(f) participation of office ials in advocacy programmes; (g) other related activities following the 
introduction of a competition law in a Party; and (h) any other form of technical co -operation as 
agreed upon by the Parties. At th e moment the commitments of competition under AANZFTA will 
focus around the area of cooperation to increase members ' capacity in these aspects.  WT/TPR/M/ 400/Add.1  
 
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 Japan -Thailand Economic Partnership Agreement and ASEAN -Japan Comprehensive Economic 
Partnership  
There is a cha pter on Competition under Thailand – Japan FTA, aiming to promote fair and free 
competition by proscribing anti -competitive activities. For ASEAN – Japan FTA, the cooperation on 
competition policy is one of the fields under Economic Cooperation provision, aiming to liberalize 
and facilitate trade and investment and to promote the well -being of the people.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.2.4  Industry  
Question  21 
Paragraph  3.42 presents three guidelines contained in Thailand 's "Action plan on industrial 
development " with the goals to boost national competitiveness, ensure consistent economic growth, 
and support the country vision towards "Thailand to become a developed coun try with security, 
prosperity, and sustainability in accordance with the Sufficient Economy Philosophy". Guideline (1) 
is formulated as follows: (1) To transform Thailand 's industry towards wisdom -driven industry by 
enhancing productivity of targeted indus tries, increasing the utilization of digital technology in SMEs, 
raising the amount of Innovation -driven Enterprise (IDE), as well as reducing waste and CO2 from 
industrial sector.   
(a) Could Thailand elaborate on what is meant by "wisdom -driven industry "? 
(b) Guideline (1) states the objective to reduce waste and CO2 from industrial sector. Are 
there any quantitative targets for the reduction of waste and CO2 from industrial sector 
(redu ction by x% for example)?  
Answer  
(a) "Wisdom -driven Industry is one of the main strategies to push forward Thai industries. 
It consists of four goals as follows :  
1) Increasing productivity and efficiency of the targeted industries.  
2) Increasing digital usage in the production among SMEs.  
3) Increasing the number of innovation -based entrepreneurs.  
4) Reducing of CO2 emission and increasing the competitiveness of the targeted 
industry cluster.   
(b) For targets on reducing the amount of waste and carbon d ioxide emissions from the 
industrial sector, the Ministry of Industry through the Department of Industrial Works 
was assigned to be the primary responsible agency to formulate the National 
Greenhouse Gas Reduction Action Plan 2021  - 2031 in the field of industrial processes 
and product usage including industrial wastewater treatment together with the Ministry 
of Energy in order to meet the country 's greenhouse gas reduction target of 20 % or 
111 million tons of carbon dioxide by 2030.  
3.2.5  Services  
Questi on 22 
Point 3.2.5.2.1 outlines important developments in the Thai banking sector. Switzerland would like 
to ask if Thailand could describe the legal requirements for foreign banks to be in a position to offer 
asset management services  to Thai banking clien ts. WT/TPR/M/ 400/Add.1  
 
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 Answer  
In Thailand, asset management services usually refer to the management of financial assets which 
is regulated by the Securities and Exchange Commission (SEC). Alternatively, asset management 
services may refer to the management of non-performing assets and doubtful accounts. The Bank 
of Thailand permitted all commercial banks, including foreign banks, to operate both activities as 
follow.  
Regarding asset management services regulated by the SEC, the Bank of Thailand permits 
commerci al banks to operate some types of securities business to encourage development of the 
capital and debt instrument markets and to enhance the commercial banks ' liquidity management. 
The banks wishing to supply these services must be licensed, registered, or approved in accordance 
with relevant law and may need to comply with additional requirements as set out in the Notification 
of the Bank of Thailand No. FPG. 15/2561. The list of permitted activities can be found in the table 
below.  
No. Type of approved business  Regulations for business operations  
SEC regulations  BOT regulations  
1 Brokering, dealing, and underwriting businesses    
1.1 Brokering, dealing and underwriting of securities which are 
debt instruments and Sukuk  v v 
1.2 Brokering, dealing and underwriting of securities which are 
investment units and tru st certificates  v v 
2 Investment advisory business    
2.1 Financial Advisor  v - 
2.2 Financial Advisor (securities)  v - 
3 Fund management business    
3.1 Private fund management  v - 
3.2 Provident fund management  v - 
3.3 Mutual fund management  v v 
3.4 Venture capital fund management  v v 
4 Other types of securities businesses    
4.1 Securities borrowing, lending, and short setting business  v v 
4.2 Local securities underwriters  v - 
4.3 Securities registrar  v - 
4.4 Mutual fund supervisor  v - 
4.5 Debenture holder representative  v - 
4.6 Custodian service  v - 
In supplying asset management services, commercial banks need to comply with additional 
requirements, such as, exchange control regulations and requirements against anti -money 
laundering, and written policies for operating securities business approved by the board of directors 
is needed.  
For the management of non -performing assets and doubtful accounts, commercial banks are allowed 
to set up their own asset management company as a subsidiary for the purpose of sales or transfers 
of their loans in order to faci litate and enhance efficiency of their asset management. Commercial 
banks may accept debtors/loans from other banks and other juristic persons in Thailand. In the case 
of assets transfers from its subsidiary back to the parent bank, the parent bank can onl y accept 
transfers of performing debtors and restructured debtors. In accepting or purchasing loans from 
other entities, whether individually or by portfolio, prudential review is needed in order to ensure 
that the loans will generate revenue in the future . 
3.2.10  COVID -19 related policies and measures  
Question  23 
Paragraph  3.97 (1) mentions export restrictions measures for bird eggs and surgical masks 
(measures (2) and (3)). Does Thailand plan to lift these export restrictions? And if so, when?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Due to the situation of the COVID -19 pandemic during March -April 2020, do mestic consumption 
behaviors had changed because people needed to ensure stable livelihood, causing demand of 
necessary products to increase tremendously. The demand of eggs was no exception, and at the 
time there was higher consumption than that in normal  situation and even higher than daily 
production. Therefore, the Central Committee on Prices of Goods and Services (CCP) issued 
two notifications, dated 26 March 2020 and 1 April 2020, regarding export restriction on chicken 
eggs. These measures ended on 3 0 April 2020. Afterward, because the situation of the pandemic in 
Thailand improved, the CCP has not yet issued another export restriction measure.  
Regarding surgical masks, on 4 February 2020, the CCP issued a notification listing surgical masks 
as a "Con trolled Good." Later on 2 April 2020, the CCP imposed a measure requiring exportation of 
surgical masks to obtain a permission letter from the Sub -Committee on Integrating Supply 
Management for Prevention, Control or Cure of Coronavirus Disease 2019 (COVID -19). In any event, 
at present, Thailand 's surgical mask production capacity has increased, but we are still in need of 
continuing to monitor spread of the disease in other countries which has lately become quite serious. 
Thailand plans to review this rest riction measure in early January 2021.  
3.3.4  ASEAN  
Question  24 
Point 3.1.2.1. mentions the aspects of electronic and digital integration, for example in the context 
of ASEAN. Switzerland would like to know, if Thailand intends to intensify cooperation in the areas 
of digital trade / electronic commerce outside South East Asia? Did Thailand already conclude FTAs 
containing provisions on digital trade / electronic commerce outside the ASEAN area?  
Answer  
Bilaterally, Thailand has already signed  the 3 following FTAs that have provisions related to electronic 
commerce.  
1) Thailand -Australia Free Trade Agreement (TAFTA) - having an Electronic Commerce 
Chapter  
2) Thailand –New Zealand Closer Economic Partnership (TNZCEP) - having an Electronic 
Comme rce Chapter  
3) Thailand -Chile Free Trade Agreement - having electronic commerce provisions in its 
Cooperation Chapter.  
Multilaterally, Thailand has already been a Member of WTO 's Joint Statement Initiative on Electronic 
Commerce (JSI).  
4 FUTURE ECONOMIC AN D TRADE POLICY DIRECTIONS  
Para 4.4 states that "Thailand remains supportive of the rules -based multilateral trading system and 
the WTO as crucial mechanism for Thailand and WTO Members to address economic challenges 
resulting from COVID -19 crisis and prepa re for the post -pandemic recovery. " 
Question  25 
The current challenging situation calls for the possibility of a trade and health initiative at the WTO. 
The initiative would aim at securing supply chains for trade in medical and essential goods in times 
of crisis and promote predictable markets in the long -term. Would Thailand be interested in 
participating in such an initiative? What would be the main focus for Thailand?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thailand attaches great importance to securing supply chains for trade in medical and essential 
goods in times of crisis. Moreover, Thailand has joined the Memorandum of Understanding on the 
Implementation of Non -Tariff Measures on Essential Goods under the Hanoi Plan of Action on 
Strengthening ASEAN Economic Cooperation and Supply Chain Connectivity in Response to the 
COVID -19 Pandemic. As for the participation of a trade and health initiative at the WTO, Thailand is 
in the process of domestic consultation.  
  WT/TPR/M/ 400/Add.1  
 
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 CHINESE TAIPEI  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
2 TRADE AND INVESTMENT REGIMES  
2.2 Trade Policy Formulation and Objectives  
Page 35 , Paragraph 2.12 and Table 2.1  
Thailand 's trade policy is formulated within the broader framework of the 20 -Year National Strategy 
(2018 -2037) and the NESDP 2017 -2021. In this context, the MoC has issued its own action plan for 
2020-2022. In addition to the objectives and strategies that have guided trade policy since the last 
Review, the current version of the MoC Action Plan includes the objective of "Enhancing Capacity 
Building and International Development Cooperation", aimed at increasing Thailand 's capabilities 
and competitiveness in order to expand its presence in foreign markets, and at enhancing its 
economic partnerships with key trading partners (Table 2. 1). (FN: The MoC Action Plan is only 
available in Thai. A summary of its key points in English was made available to the Secretariat .) To 
this particular end, the Action Plan sets out three  implementation guidelines: (i) expansion of 
Thailand 's foreign mar kets by encouraging Thai  enterprises to increase their business in foreign 
countries through activities such as trade fairs and marketing events to promote Thai products and 
services, brand awareness programmes (e.g.  Thai Halal products ), and improving Tha iland's 
international trade services; (ii)  promotion of border and cross -border trade through marketing 
activities that encourage trade and investment in Thailand 's border provinces and special economic 
zones; and (iii) enhancement of international trade a nd economic cooperation through FTA 
negotiations, and promotion of technical cooperation with neighbouring countries (i.e. Cambodia, 
Lao PDR, Myanmar and Viet Nam), among other actions. The Action Plan also includes a strategy for 
increasing private sector  competitiveness through innovation, technologies and creativity, and for 
integrating micro, small and medium -sized enterprises (MSMEs) into global value chains.  
Question  
What is the Thai government 's strategy on promoting halal products? Are there specific certification 
rules for halal imports and exports in Thailand?  
Answer  
Department of Industrial Promotion (DIP) has a strategy on promoting halal products by raising 
awareness of halal and enhancing entrepreneurs in related industry through provisi on of knowledge 
in order to standardize their products and factories.  
DIP has also been reaching out to educate Thai entrepreneurs in halal related industries such as 
hotels, restaurants, department stores, etc., on halal certification and rules to registe r for halal 
certification mark.  
2.4 Investment Regime  
Page 47 , Paragraph 2.50 
Thailand has 36 bilateral investment treaties in force, one of which (with the United Arab Emirates) 
came into force during the period under review. The country also maintains 61  double taxation 
treaties (DTAs), 3 of which entered into force since the last Review (with Cambodia, Ireland and 
Tajikistan); previously existing DTAs with India and Singapore were revised during the review period, 
and a new DTA with the Philippines was c oncluded and came into force in 2018 (Box 2.2).  
Question  
1. What is the current progress in drafting the Model BIA?  WT/TPR/M/ 400/Add.1  
 
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 Question  
2. What is the expected timeframe for completing the Model BIA?  
Answer for Q2 -Q3 
Thailand is in the final stages of revising its Model Bilateral Investment Treaty (BIT Model) to take 
into account new developments in international investments and to further improve clarity of ISDS 
procedures.  
Once the draft BIT Model receives high level endorsement, it will customize the  BIT Model for each 
negotiating partner. Once this process is completed, Thailand will start BIT negotiations with 
interested countries.  
Question  
3. What are the considerations and criteria that determine the priority of future 
negotiations with other coun tries?   
Answer  
Criteria that determine the priority for negotiation takes into account various elements including: 
(1) the amount of trade and investment flows between Thailand and interested parties; (2) the 
willingness of the parties to negotiate; and (3 ) the urgency or need to update or renegotiate existing 
BITS. 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly affecting Imports  
3.1.5.2  Safeguards  
Page 62 , Paragraph 3.52 
A domestic producer of a like or directly competitive product may file a petition to the DFT under 
the MoC. After being checked by the Department, the petition is passed to the Committee on 
Safeguard Measures for a determination. The DFT may also submit petitions to the Committee on 
its own initiative, based on evidence of increased imports and injury to the domestic industry. The 
initiation of an investigation is published in the Royal Gazette and local newspapers, in Thai and in 
English. The DFT must inform petitioners and other known interested parties.  
Question  
Since the notice of initiation about the safeguard investigation is published in Thai and English, can 
the petition of domestic producers also be published in both Thai and English?  
Answer  
Interested parties are welcome to present their views or comments pertaining to the investigation 
in English. Generally the petition would be available in Thai language unless the domestic producers 
are willing to provide the petition in both Thai and English voluntarily.  
3.3 Measures Affecting Production and Trade  
3.3.5  Government procurement  
Page 94 , Paragraph 3.190 and footnote  
Thailand introduced an electronic government procurement system (e -GP system) in April 2010. The 
Comptroller General 's Department is responsible for the development and promotion of the system.  WT/TPR/M/ 400/Add.1  
 
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 The system started with pilot projects covering a limited number of procurement entities and 
procurement methods, and was gradually extended to other procurement entities, with the aim of 
including all government procurement contracts. During the r eview period, the e GP system 
concluded its Phase 3 projects and entered Phase 4 projects on 24 August 2017. Phase 4 projects 
are aimed at bringing the system in line with the new Act and, in particular, enabling the selection 
method and the specific metho d in the system. According to the authorities, the e GP system helped 
to save 8.26% of the budget for the completed procurements.  Thai Government Procurement. CoST 
Thailand. Viewed at: http://www.gprocurement.go.th/new_index.html  
Question  
Currently, the sa id website is only in Thai. In order to improve transparency and accessibility for 
businesses, does Thailand plan to provide key information in English on the website?  
Answer  
Thailand published laws and regulations related to government procurement in Thai  and English 
languages on the website www.gprocurement.go.th. For the international price tender method, 
however the solicitation notifications shall be at the discretion of the head of State agency whether 
to be in the Thai or English language.  
3.3.7  Intellectual property rights (IPRs)  
3.3.7.8  Copyright and related rights  
Page 110 , Paragraph 3.253  
The amendments further establish a separate cause of action against the illegal  recording of films in 
movie theatres ("camcording"),...  
Question  
1. According to the Copyright Act, any person reproducing a copyright work without authorization 
should be held criminally liable. Why have Sections 28/1 and 69/1 of the Copyright Act been 
amended to include provisions specifically dealing with "camcording "?  
Answer  
Sections 28/1 and 69/1 were added by the Copyright Act (No.  3) B.E. 2558 (2015). The rationale 
for the amendment was the recognition of the need to address the unauthorized reproduction of a 
cinematographic work in a cinema, which causes economic h arm to the movie industry and right 
holders.  
Question  
2. How many cases heard have resulted in imprisonment or fines under the aforementioned 
provisions?  
Answer  
Since the entry into force of the camcording provision, there have not been many legal actions taken 
by rightholders.  
Question  
3. How effective have the aforementioned provisions been?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The cinemas have generally placed the sign warning criminal liability of camcording at their premises. 
Even though there are not many legal actions tak en under this provision, the said sign has relatively 
been an effective tool to suppress the camcording.  
Page 110 , Paragraph 3.254  
Copyright owners may opt for takedown under the new Computer Crime Act (No. 2) B.E.  2560 
(2017), which  provides for a permanent injunction to block websites that have online IP -infringing 
content. Under the Act, where there is an offensive dissemination of computer data , an officer may, 
with approval from the Minister of Digital Economy and Society (MDES), file a motion w ith evidence 
to the court requesting the cessation of dissemination or deletion of such computer data from the 
computer system…   
Question  
1. What is the rationale for the amendment of the Computer Crime Act (No.  2)  B.E. 2560 (2017), 
which provides for a pe rmanent injunction to block websites that have online IP -infringing content? 
Please explain the provisions in more detail.   
Answer  
The rationale of the amendment law as mentioned above is to create an effective channel to restrict 
the proliferation of IPR infringing content in the form of online or on the websites as well as to protect 
the intellectual property infringement in suitable with the rapid change of technology.  
The provision under the amended Computer Crime Act 2017 relating to intellectual prope rty is 
section 20 (3) of the Act; a computer data constituting a criminal offence under the law relating to 
intellectual property or other law, provided that such computer data is, by nature, against public 
order or good morals of the public and a request is made by the official under such law or the inquiry 
official under the Criminal Procedure Code.  With the approval of the Minister, the competent official 
may file with the Court of competent jurisdiction a motion, accompanied by supporting evidence, for 
an order compelling the discontinuance of the proliferation of the computer data or deletion thereof 
from a computer system.  
Question  
2. How effective have the aforementioned provisions been? What are the stakeholders ' opinions 
on this amendm ent?  
Answer  
Since the amended Computer Crime Act entered into force in 2017, rights owners have made use of 
site blocking mechanisms under the Act to combat online infringement. As of October 2020, courts 
have issued orders to block or disable access to c opyright infringing contents for approximately 
1,500 URLs.  
Question  
3. What exactly does "an offensive dissemination of computer data " mean?  If the majority of a 
website 's content is legal and only a fraction infringes IP rights, must the said website stil l comply 
with the aforementioned provisions? What percentage of infringing content may the website contain 
to still comply with these provisions?  
Answer  
In case that part (not all) of the website infringes IPR, a measure to deal with this situation can be 
disability of the URL linking to the particular IPR infringing content on the website.  If all contents of 
the website infringe IPR, the website can be closed.  WT/TPR/M/ 400/Add.1  
 
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 4 TRADE POLICIES BY SECTOR  
4.3 Energy  
4.3.1  Introduction  
Page 127 , Paragraph 4.58 
The Oil Fuel Fund Act B.E. 2562 (2019) came into effect in 2019, and is aimed at stabilizing fuel 
prices in Thailand in the event of a fuel crisis. According to the Act, an Oil Fuel Fund Office, and an 
Oil Fuel Fund Administration Committee, were set up. Oil fuel fund money comes from levies on 
domestic petroleum product consumption except jet fuel.  
Question  
1. What are the mechanisms and objectives  (e.g., fuel type) for stabilizing fuel prices?   
Answer  
The capital rate of fuel is a mechanism used to m aintain appropriate domestic retail fuel levels for 
the purpose of stabilizing fuel prices.  
Question  
2. What is the origin of the reasoning for excluding jet fuel from the Oil Fuel Fund?  
Answer  
As jet fuel is consumed by commercial airlines which is not only domestic usage but also international 
usage, therefore, jet fuel is excluded from the Oil Fuel Fund.  
Page 128 , Paragraph 4.61 
The Government has been implementing a number of policies, mainly domestic measures such as 
subsidies and various incentive p rogrammes, to reach these targets. These subsidies, however, have 
been generating significant costs to the economy. In addition, prices of energy products are 
monitored or controlled (Section 3.3.6.4). For certain products, such as natural gas for vehicles  
(NGV), diesel, and liquefied petroleum gas (LPG), retail prices were set below the cost of production, 
resulting in government subsidies to cover price discrepancies. In recent years, Thailand has been 
focusing on promoting the use of renewable energy, no t only through incentives in the form of 
corporate income tax and import tariff exemption or reductions offered by the BOI (Section 3.3.1), 
but also through other incentive programmes (Table 4.8).  
Question  
1. The government has implemented subsidies on NGV , diesel, and LPG. Have these subsidies 
led to wastefulness in the use of fossil fuel?  
Answer  
Thailand subsidised NGV, Diesel, and Liquefied Gas to make the domestic retail price suitable for the 
living of the people. However, in recent years, Thailand provides various incentives to promote 
renewable energy consumption.  
Question  
2. Has the ENCON Fund complied with the principles of National Treatment?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
According to Section 26 of Energy Conservation Promotion Act B.E. 2535 (1992), a private 
organisation entitled to a grant or subsidy under Section 25(3) shall be a juristic person under Thai 
or foreign laws, whose business is directly related to energy con servation or environment protection 
and correction of environmental problems arising from energy conservation, and which does not 
have political or profit oriented objectives.  
Please visit http://www.eppo.go.th/images/law/ENG/nation2.pdf for more details.  
4.3.2  Hydrocarbons  
Page 131 , Paragraph 4.72 
In accordance with the Foreign Business Act B.E. 2542 (1999) and the Petroleum Act B.E. 2514 
(1971), foreign investors must obtain licences, issued by the Ministry of Commerce, if they wish to 
engage in: petrole um exploration; or the production and/or distribution of petroleum products. Oil 
and gas exploration and production rights are granted by the Ministry of Energy with the approval 
of the Cabinet. Royalty rates range from 5% to 15% in 2020, and the compulsor y exploration period 
is six years. The concession is for 20 years, and the total exploration area of any single 
concessionaire may not exceed five blocks of 20,000 km2. Concessionaires are allowed to sell or 
otherwise dispose of the petroleum produced, ins ofar as they meet their royalty and tax obligations.  
Question  
Regarding foreign investors that engage in the production and/or distribution of petroleum products, 
please provide relevant regulatory information and criteria.  
Answer  
Please refer to Petroleum Act B.E. 2514 (1971) at :  
https://www.krisdika.go.th/data//document/ext810/810273_0001.pdf.  
For more information, please visit Department of Mineral Fuels 's website at :  
https://law.dmf.go.th/public/law/index/main/id/95.  
4.5 Service s 
4.5.1  Financial services  
Page 139 , Paragraph 4.109  
A foreign commercial bank may be established in Thailand under either of two forms: as a foreign 
bank branch or as a subsidiary. Representative offices of foreign banks may not provide commercial 
banking services. Foreign bank branches may operate a maximu m of three service points. However, 
as part of the Government 's measures to liberalize the banking sector, in 2012, existing foreign bank 
branches were given the option to apply for a subsidiary licence and thus establish up to 40 service 
points, provided they met the relevant requirements, including a minimum paid -up capital of THB 
10 billion. Foreign bank branches are eligible to apply for a subsidiary licence if their country of origin 
meets any of these conditions: it has signed a free trade agreement w ith Thailand; it offers reciprocal 
market access to Thai banks; or it has "significant business relations with Thailand" . In 2013, the 
Thai bank market was opened again for applications to establish new foreign bank subsidiaries, with 
similar eligibility c onditions as in 2012, and a minimum paid -up capital of THB 20 billion; as a result, 
licences were granted to two banks, whose subsidiaries have been in operation since 2015. Once 
foreign banks obtain a subsidiary licence, they are subject to the same regul ations and supervision 
standards as domestic commercial banks, and are able to provide the same range of services as 
local banks.  WT/TPR/M/ 400/Add.1  
 
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 Page 1 40, Paragraph 4.112  
In the context of the AEC process, ASEAN member countries are working towards the liberalization 
of the banking sector in the region for "Qualified ASEAN Banks" (QABs). QABs are to be given market 
access and operational flexibility in the host country on a reciprocal basis through the conclusion of 
bilateral arrangements.  Thailand completed negotiations with Malaysia, and is currently negotiating 
with Indonesia, Myanmar and the Philippines. The QABs commitments between Malaysia and 
Thailand were inscribed in the 8th package of commitments under the ASEAN Framework Agreement 
on Services (AFAS) and were rat ified. In addition, ASEAN members agreed to a 5 -year Roadmap for 
Regulatory Coherence (2020 -2025) to enhance convergence of banking regulations and supervision 
across ASEAN towards international standards.  Moreover, members have been negotiating the 
9th package of commitments on financial services under the AFAS, which will be superseded by, and 
its results incorporated into, the ASEAN Trade in Services Agreement (ATISA), signed in April 2019.  
Question  
According to P aragraph 4.5 of the Secretarial report,  Thailand mentioned further liberalization of the 
banking sector, such as branches of foreign banks applying for a subsidiary license. In addition, 
ASEAN member countries are working toward liberalization of the banking sector in the region for 
"Qualified ASEAN Banks".  Considering that the mentioned liberalization of the banking sector  is 
aimed at foreign bank  subsidiar ies and ASEAN banks, has Thailand  considered further opening 
market access for foreign banks to set up branches? If so, could Thailand pleas e elaborate on th e 
relevant plans and timeframe?  
Answer  
Regarding opening market access, Thailand will not be granting new licenses in the near future as 
new foreign bank subsidiary licenses have recently been granted and further liberalization is being 
considered through bilateral negotiations (reciprocal market access) under the Qualified ASEAN 
Banks (QAB) framework. Therefore, in the foreseeable future, there may be new foreign bank 
licenses granted to banks from ASEAN countries.  
In terms of entity forms , global regulatory reform since 2008 has favored a more decentralized and 
more independent business structure such as establishment of foreign -owned subsidiaries. 
Therefore, new licenses for foreign bank branches are very less likely in the next few years . However, 
as the current trend of banking business is moving towards digitization, this leads us to explore the 
possibilities for new types of digital -only license, such as, virtual banking license. However, any 
further details or timeframe are still not available as this is still under our internal review.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.1 National Policies towards Structural Reform  
EEC 
Page 7 , Paragraph 3.9 
EEC is the strategic area designated to be a centre of the targeted industries development to support 
high value -added, high -technology, and innovative economy. EEC initially focuses on three Eastern 
provinces, namely Rayong, Chonburi, and Chachoengsao. The EEC devel opment plan includes world -
class transport infrastructure development (rail, road, marine, and air transport), digital 
infrastructure development, smart cities, tourism development, and human resource and R&D 
development. Investors who invest in EEC will r eceive various generous incentives compared to who 
investment in other areas, for example, longer corporate income tax exemption (maximum 
13 years), fixed rate of personal income tax for foreign executives and staffs at 17%, and longer 
period of land and r eal estate lease (50+49 years).  WT/TPR/M/ 400/Add.1  
 
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 Question  
How long does it usually take to conduct an environmental impact assessment (EIA) review involving 
an EEC investment case?   
Answer  
It would take the same review process of EIA under Environmental Law.  
Question  
If a foreign investor plans to invest in the development of a smart city (e.g., advanced manufacturing 
industrial zone) in the EEC, will the relevant EIA review process be the same as that for ordinary 
cases? Or is there an accelerated review mech anism?   
Answer  
It would be required to apply the same process per the EIA review.  
Question  
If there is no accelerated review mechanism, could the Thai government consider formulating 
relevant promotional measures to shorten the time for EIA review so as to  expedite the 
implementation of relevant investment cases and thereby encourage foreign investors to increase 
investment in the EEC?  
Answe r 
It is possibly in the consideration.  
3.2 Sectoral Policies  
3.2.1.2  Border trade facilitation  
Page 11 , Paragraph 3.33 
Thailand is a member of the WTO which has an obligation to comply with WTO Trade Facilitation 
Agreement (WTO TFA) for simplification and harmonization of customs procedures. The latest update 
in March 2020 for Thailand on the Implementation of WTO TFA in provisions amounts to 97% have 
already been executed.  
Question  
Could Thailand explain which aspects of the WTO TFA implementation have not been completed? 
When are these provisions expected to be completed?  
Answer  
At the present (November 2020), Thailand has not yet completed Article 11.1 and Article 5.3, expect 
to be implemented in 2022, and 2024 respectively.  
Intellectual property  
Page 19 , Paragraph 3.73 
Another important legislative development is the Computer Crime Act (No. 2) B.E. 2560 (2017), 
which a mended the Computer Crime Act B.E. 2550 (2007). After the revised Act entered into force 
on 24 May 2017, right owners have been able to make use of the site blocking mechanisms under 
the Act to combat online infringements.   WT/TPR/M/ 400/Add.1  
 
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 Question  
With respect to the afo rementioned site blocking mechanisms under the Computer Crime Act (No.  2) 
B.E. 2560 (2017), can these mechanisms be used to deal with trademark infringements?  
Answer  
Yes. 
3.3 Regional Trade Arrangements and Economic Cooperation  
3.3.1  FTAs  
Page 24 , Paragraph 3.99 
Thailand is in the process of negotiating FTAs with Pakistan, Turkey, and Sri Lanka. Since 2019, 
Thailand has undertaken internal procedures reform and engaged in consultations with the 
European  Union and the European Free Trade Area (EFTA) with a view to complete internal process 
in 2020.  
Question  
Could Thailand explain its main considerations and criteria for selecting potential FTA partners?  
Answer  
The value and growth of international trade between Thailand and potential countries . 
 
  WT/TPR/M/ 400/Add.1  
 
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 TURKEY  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19, 3.2 , Pages 5-6 
It is stated in the Government Report that " Moreover, there is the Twelfth National Economic and 
Social Development Pla n (NESDP) 2017 -2021 which is the main tool for the implementation is set 
aside to drive the country to achieve its goals in the first period. There are four complementary 
strategies in the NESDP 2017 -2021; advancing infrastructure and logistics; developing  science, 
technology, research and innovation; developing regional, urban and economic zones; and 
strengthening international cooperation and development. Additionally, annual budget allocation, 
integrate development issues WT/TPR/G/400 • Thailand - 6 - to formulate specific strategic 
investment plans are also taken into account. To effectively achieve the objectives of the National 
Strategy and the NESDP 2017 -2021, many concrete measures are indicated. " 
Question  
Could Thailand provide detailed information about the four complementary strategies in the NESDP 
2017-2021?  
Answer  
The 20 -year National Strategy is the first long -term development plan of Thailand. It addresses 
strategic direction, guiding principles and key development areas for long -term development of 
Thailand. It, hence, does not elaborate detailed guidelines or actions for development. Meanwhile, 
the Twelfth Economic and Social Development Plan is the 5 -year plan. Taking consideration of 
changes and their impacts on the country devel opment, the 12th Development Plan is designed to 
be the plan for driving the National Strategy to actions for the first five years.  The 12th Development 
Plan includes 10 strategies. Six of ten are main strategies and another four are supporting or 
compleme ntary strategies.   
The six primary strategies of the 12th Development Plan includes : (1) Strengthening and Developing 
the Potential of Human Capital; (2) Creating a Just Society and Reducing Inequality; 
(3) Strengthening Sustainable Economic Development an d Competitiveness; (4) Green Growth for 
Sustainable Development; (5) National Security for the Country 's Development towards Prosperity 
and Sustainability; and (6) Public Administration, Corruption Prevention, and Good Governance in 
Thai Society.  
In addit ion, four supporting or complementary strategies are set for efficiently enabling the 
aforementioned six strategies, including (7) Advancing Infrastructure and Logistics; (8) Science, 
Technology, Research, and Innovation Development; (9) Regional, Urban, a nd Economic Zone 
Development; and (10) International Cooperation for Development.  The objectives of the 
four complementary strategies of the 12th Development Plan are presented below : 
Strategy 7 Advancing Infrastructure and Logistics  
1) To improve transportation and trade facilities and infrastructure, while having effective 
regulatory mechanisms to ensure efficiency and transparency in transportation 
businesses, in order to increase the country 's competitiveness and improve the people 's 
quality of life.  
2) To ensure energy security, improve energy efficiency, increase the use of alternative 
and clean energy, and expand Thailand 's energy -related business opportunities in 
ASEAN.  
3) To increase the efficiency and coverage of digital services t o be country -wide at 
reasonable cost, as well as encourage new digital businesses and innovations while 
developing appropriate cyber security systems and ensuring consumers ' rights.  WT/TPR/M/ 400/Add.1  
 
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 4) To expand and improve the efficiency of water supply infrastructure servi ces nationwide, 
reduce non -revenue water, and establish an integrated management mechanism for 
water supply operations.  
5) To promote infrastructure -induced industries to reduce imports and increase the 
country 's economic capacity . 
Strategy 8 The Development of Science, Technology, Research, and Innovation  
1) To strengthen and enhance the capability of advanced science and technology to 
support higher value -added in target production and service industries . 
2) To create opportunities for farmers, community enterpris es, and SMEs to access and 
utilize technology . 
3) To develop innovation that helps reduce inequality and enhance the quality of lif e. 
4) To integrate the management systems of science, technology, research, and innovation 
to move in the same direction . 
Strategy 9 Regional, Urban, and Economic Zone Development  
1) To distribute regional growth and economic opportunities more equitably . 
2) To develop the city centers of each province to become livable cities for all . 
3) To develop and revive key economic areas to grow ecolog ically and improve the living 
standards of their communities . 
4) To develop new economic areas to enhance competitiveness and attain sustainable 
growth . 
Strategy 10 International Cooperation for Development  
1) To utilize fully Thailand 's strategic location as a key connecting point between several 
economic corridors to promote the country 's economic and social development . 
2) To expand cross -border trade and investment opportunities and emerge as an attractive 
and productive investment and production base . 
3) To play a more influential part on the international stage by promoting Thailand 's 
constructive role under various cooperation initiatives, and supporting development 
under the Sustainable Development Goals (SDGs) . 
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19, 3.4 , Page 6 
It is stated in the Government Report that ""Thailand 4.0" is also one of the key development policies 
supporting the National Strategy. To continue with the digital economy theme, the Government 
targets to encourage the u tilization of digital technology in order to deal with emerging issues, such 
as, smart cities, the digitalization of public sector, transport and logistics system to improve the 
quality and reach of public services, and thus pursue more inclusive growth ou tcomes. Thailand 4.0 
is set as a key engine to transform Thailand into a value -added, innovative and knowledge -based 
economy, among others, the Government targets to explore the concept and best practices of digital 
government as well as the integration of  digital technologies into public administration to improve 
its quality and effectively and efficiently deliver public services. The Government also aims to apply 
emerging digital technologies via Thailand 4.0 to promote structural reform for better govern ance 
and regulation of the digital economy. Basically, this policy is based on the following core elements; 
advancing technology and innovation to increase productivity of ready high performing industries; 
developing new technology -based industries with gr eat growth potential; enhancing Thailand 's WT/TPR/M/ 400/Add.1  
 
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 position as a regional hub by upgrading its physical infrastructure (ports, roads and rail links, and 
airports); and promoting the digital competitiveness of Thai Community enterprise and SMEs " 
Question  
Could Thai land further elaborate on the outcomes and performance of the "Thailand 4.0. " policies 
adopted by the Government ? 
Answer  
Thailand 4.0 is a key enabler of a stable, prosperous, and sustainable country by using Value -Based 
Economy in order to get rid of being in a middle -income trap and decrease the degree of inequality 
at the same time. The decentralisation of development also assists Thailand in achieving those goals. 
The recent outcome of the policy of Thailand 4.0 has affected the increase in the inve stment of New 
S-Curve industry which contains biofuel and biochemical industry, medical hub, digital industry, 
automotive industry and logistics, and automation and robotics industry. Thailand has been 
developing an Eastern Economic Corridor (EEC) and also  another infrastructure to embrace the 
expansion of the targeted industries. The R&D expenditure has increased from 0.5% of GDP in 2013 
to 1.11% in 2018 and the public and private investment in R&D is 30:70.  
  WT/TPR/M/ 400/Add.1  
 
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 TURKEY – ADDITIONAL QUESTIONS  
QUESTIONS REGARD ING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
1.2.5  Balance of payments, Page 26, Paragraph 140 (1.1 Main Features of the Economy, 
Table  1.1 Selected macroeconomic indicators, 2015 -19, Page 12) 
It is stated in the Secretariat Report that, " Given its strong current account surplus, Thailand 
accumulated substantial foreign exchange reserves over the last five years, which reached 
USD 224.3 billion at end -2019, equivalent to more than 12 months of imports (Table 1.1). As noted 
above, said strong external position was in part responsible for the appreciation of the baht until the 
beginning of 2020. Thailand 's external debt increased moderately during the period under review in 
absolute terms but rema ined at around 30% of GDP. In 2019, the external debt -GDP ratio was 
31.7%, and the debt -service ratio was 6.8%. This reflects Thailand 's lower dependency on external 
financing compared to other emerging market economies. Amid the global economic fallout ca used 
by the COVID -19 pandemic, Thailand 's surplus in the current account has continued to narrow and 
capital outflows have increased; however, the level of foreign reserves remains adequate. " 
Question  
In addition, it is known that Thailand has swap agreeme nts and transactions with countries like 
China and Japan. Could Thailand provide information on the actual limits and the utilization of these 
transactions during the COVID -19 pandemic and the impact of currency swap mechanisms on its 
foreign trade with th e relevant countries?  
Answer  
Currently, the BOT has the bilateral swap agreements (BSA) with both China and Japan. Each BSA 
is established on different purposes, mainly to support trade and investment settlements between 
both countries (in order to promote the use of local currencies and bolster confidence of private 
sector on the availability of local currencies), as well as to provide the financial safety net in case of 
liquidity shortage due to the balance of payment difficulties.  
Although, we have observed the increase in trade volume with China after the BSA was signed (while 
the BSA with BOJ was just launched few weeks before the pandemic escalated in Thailand and the 
BSA with JMOF is aimed to response to BOP difficulties, so bet ter omitted in this case), but we view 
that it may be overclaimed to conclude that the rise in trade volume was due to the BSA itself, as 
there are many factors involved. In addition, during the COVID -19, none of these BSAs have been 
activated since our le vel of foreign reserves is adequate and public sectors have launched supportive 
policies to help private sectors and household to ensure the financial stability of Thai economy as a 
whole.  
As mentioned earlier, below are the objectives and amounts of each  BSA as follows:  
1) The BSA with the Ministry of Finance of Japan aims to strengthen the stability of the 
financial markets and further develop growing economic and trade ties between the 
two countries. The maximum amount is USD 3 billion.  
2) The Bilateral Local  Currency Swap Arrangement with the Bank of Japan is acted as an 
additional channel of central bank 's liquidity provision to financial institution who 
experienced liquidity shortage in local currencies (Baht & Yen) which will reinforce the 
stability of the  financial system and further promote the usage of local currencies. The 
maximum amount is 240 billion THB or 800 billion JPY.  
3) The BSA with the People Bank of China, is aimed to support trade and investment in 
local currency for cross -border trade and inve stment settlement. The maximum amount 
is 370 billion THB or 70 billion CNY.  
Source:  
https://www.bot.or.th/Thai/PressandSpeeches/Press/News2561/n4761e.pdf  WT/TPR/M/ 400/Add.1  
 
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 https://www.bot.or.th/English/PressandSpeeches/Press/2020/Pages/n1963.aspx  
https://www.bot.or.th/Th ai/PressandSpeeches/Press/News2561/n0161e.pdf  
3.1.4.2  Import licensing, Pages 58-59, 3.43  
It is stated in the Secretariat Report that "Under the Export and Import Act B.E. 2522 (1979), 
Thailand applies both automatic and non -automatic import licensing requ irements on a number of 
products (Table 3.7). Licences are issued electronically or manually (depending on the product) by 
the MoC. The MoC may issue notifications allowing other government authorities to issue such 
licences. Product coverage may change, a nd the changes are announced through MoC notifications, 
and through Thailand 's notifications to the WTO under the Agreement on Import Licensing 
Procedures. The authorities stated that all changes have been notified to the WTO. "  
According to "Table 3.7 Products subject to import licensing requirements, 2020 ", Thailand 
applies  "Non-automatic licences " to products such as "Building stone - marble, travertine, ecaussine 
and other calcareous monumental or building stone; and - marble, travertine and alabaste r, granite; 
other stone " with the purpose of "administering the importation and utilization of marble and building 
stone. " 
Question  
Could Thailand provide clarification about the non -automatic import licensing procedure and its 
timing of implementation ?  
Answer  
Importers submit an import license application to the Department of Foreign Trade, Ministry of 
Commerce which they will be granted the license within 7 working days. However, the Ministry of 
Commerce is in progress of developing e - service for such p roducts.  
3.2.4.4  Customs free zones, Page 67, Paragraph 3.74 
It is stated in the Secretariat Report that, "Customs has been administering a free zones (FZ) 
programme since 2000, aimed at promoting investment into, and exports from, these zones. Under 
this programme, goods imported and moved into an FZ by a licensee operator are exempted from: 
import duties, VAT, excise tax, export duties on re -exports, and standards and quality control 
requirements. In addition, they may be eligible for export tax refu nd/exemption schemes. In 
October  2019, Thailand launched the E -Commerce Customs Free Zone in the Eastern Economic 
Corridor (EEC) area, with the aim of promoting exports of goods through electronic commerce; the 
Zone was not yet operational at the time of d rafting this report. Currently, there are 119 FZs (84 in 
2014), with a total of 394 commercial and industrial units operating within them. The main sectors 
of activity are distribution centres, logistics, packaging, and production of auto parts. The author ities 
indicated that the share of exports from FZs in total exports averaged 10.2% annually over the 
period  2015-19. 
Question  
Could Thailand further explain the structure of the E -Commerce Customs Free Zones, as well as the 
existing and additional, if any,  benefits that could be offered for businesses operating in the 
mentioned zone?  
Answer  
There is no definition of "E -Commerce Customs Free Zone" directly. However, E -Commerce Free 
Zone practically means the duty -free zone within the Special Economic Zone for electronic commerce 
activities in the Eastern Development Zone. According to the policy announcement of the Eastern 
Economic Corridor Policy Committee for the benefits of customs duties in the commercial operation 
are as follows:  WT/TPR/M/ 400/Add.1  
 
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 1) Save cost due to the simplified Customs procedures  
2) Grant import duty exemption  
3) Expedite Customs procedures through modern technology employment such as 
controlling the movement of goods/inventory by using electronic key systems and using 
QR CODE technology to record produc ts information  
4) Promote and support e -commerce products exportation in Thailand, such as local 
products, to be sold to other countries through an online trading platform . 
4.5.2.1  Telecommunications, Page 144, Paragraph 4.131  
It is stated in the Secretariat Report that, "The National Broadcasting and Telecommunications 
Commission (NBTC) remains the sectoral regulator. Its regulatory powers cover telecommunications, 
broadcasting, and television/radio communication businesses. Du ring the review period, the Act on 
the Organization to Assign Radio Frequency and to Regulate the Broadcasting and 
Telecommunications Services was amended twice, in 2017 and 2019. According to the authorities, 
both amendments served to improve the structur e of the NBTC for better governance in response 
to the latest developments in telecommunications technology. The 2019 amendment granted the 
NBTC power to also regulate satellite communication business in Thailand. " 
Question  
Could Thailand provide informati on whether the latest situation in the telecommunications market 
reflects more liberalization than its GATS commitments in the telecommunication sector?  
Answer  
Foreign ownership in broadcasting and telecommunications services are as follows : 
1) Broadcastin g services   
The Broadcasting Business Act B.E. 2551, the Organization to Assign Radio Frequency and to 
Regulate the Broadcasting and Telecommunications Services B.E. 2553 (2010) and secondary law 
prescribe that the broadcast licensee, including service licensee, network licensee and infrastructure 
licensee shall be a juristic person with Thai nationality. Moreover, a person authorized for the 
licensee must have Thai nationality, while a shareholder person who has voting right and number of 
direct ors not less than 75 % of the licensee must have Thai nationality  
2) Telecommunications services   
In accordance with section 7 and 8 of Telecommunications Business Act B.E. 2544 and amendments, 
the NBTC categorizes telecommunications license as Type 1, Type  2 and Type 3. Each 
telecommunications license has a range of different conditions on foreign ownership as follows:  
Type 1: license granted to the telecommunications business operator who operates without his or 
her own network for telecommunications services which are deemed appropriate to be fully 
liberalized.  
Type 2: licenses granted for telecommunications operators whose services are provided for limited 
group of people, have or do not have their own networks, and pose no signifi cant impacts on free 
and fair competition or public interest and consumers.  
Type 3: licenses granted for telecommunications operators who have their own networks, run 
business which intends to provide services for general public, have significant impacts o n free and 
fair competition, or public interests that require consumer protection.  WT/TPR/M/ 400/Add.1  
 
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 The applicant for Type 2 and Type 3 licenses shall not be a foreigner under the Foreign Business Act. 
In this regard, foreign ownership and control is limited to 49% for Ty pe 2 and Type 3 licenses which 
are facilities -based telecommunications.  
4.5.4  Tourism, Page 155, Paragraph 4.201  
It is stated in the Secretariat Report that "Thailand launched an e -visa system on 15 February 2019 
to facilitate foreign visitors requiring entry visas. The system was introduced to visa applicants in 
China, France, and the United Kingdom. The authorities noted that the Government plans to extend 
the e -visa service globally to all its diplomatic missions; it aims to provide an effect ive and 
convenient channel for foreign nationals to apply for visas to enter Thailand. " 
Question  
Could Thailand provide detailed information about the e -visa system and the time period foreseen 
for the possible extension of it to other countries?  
Answer  
The e-Visa system was launched on 15 February 2019 to provide service in China, and subsequently 
in the UK and France in June 2019, to facilitate foreign visitors.  
The plan is to gradually extend the e -Visa service to all Thai diplomatic missions abroad. On  average, 
it takes less than three  working days to process and approve an e -Visa application.  
QUESTIONS REGARDING THE REPORT BY THE GOVERNEMENT - WT/TPR/G/400  
3.2.1.2  Authorized Economic  Operator (AEO) , Page 11, Paragraph 3.32 
It is stated in the Government Report that "Thailand 's Authorized Economic Operator (AEO) Program 
has been administered by Thai Customs Department since 2011. The program is carried on in 
accordance with WCO SAFE Framework of Standards to secure and facili tate global trade. There are 
two categories of AEO operators in Thailand: Importer/Exporter and Customs broker. The 
AEO operators will enjoy the benefits such as simplified customs procedures covering import, export 
and re -export, speed and fast process fo r tax/duty refund and compensation, facilitated and 
simplified process for placing a guarantee on transhipment and transit, tax incentive including export 
under the Mutual Recognition Arrangement (MRA). As of 31 March 2020, there were 
382 AEO operators; 19 6 AEO Importers/Exporters and 186 AEO Customs brokers. Thai Customs 
Department has signed AEO -MRA with Hong Kong, China (June 2015), the Republic of Korea 
(December 2016), and Singapore (June 2018). Under the MRAs, Thai Customs Department takes 
into accoun t the status of the other AEO programs when conducting its own risk assessment. In 
addition, Thai Customs Department has its strategy to expand the AEO -MRA in order to strengthen 
cooperation with other foreign Customs Administrations and enhance the securi ty level of global 
supply chain and facilitate global trade. " 
Question  
Could Thailand explain with which countries it plans to make new MRA deals?  
Answer  
Thailand is under negotiation for AEO -MRA with Malaysia, Australia, Japan, and China including 
ASEAN M RA 
3.2.4 Industry, Page 14, Paragraph 3.41 
For elaborating on the " Action Plan on Industrial Development " introduced in paragraph  3.40, 
it is stated in the Government Report paragraph 3.41 that "To achieve the objectives of this Action 
Plan, the Government has set five sectors of targeted industries as the "New Engine of Growth" 
namely (1) Agricultural and bio -technology, (2) Health,  wellness, and bio -med, (3)  Smart device, 
robotics, and mechatronics, (4) Digital, and (5) Creative industry, culture, and high value services. WT/TPR/M/ 400/Add.1  
 
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 Furthermore, restructuring and strengthening competitiveness of primary industries and supporting 
industries are  also emphasized in order to support the targeted  industries. These primary industries 
include petrochemical and chemical, energy, metallurgical, packaging, machinery, mold, and mine 
industries. " 
Question  
Could Thailand elaborate on the conformity of its p ossible actions to support the foregoing targeted 
industries with the WTO Agreement on Subsidies and Countervailing Measures?  
Answer  
The industrial sectors under the Action Plan are the targeted industries that the Ministry of Industry 
considered as the important engines of economic growth. With a view to achieving the goals set 
forth under the Action Plan, the Ministry of Industry 's measures focus on creating good business 
environment to promote investment in the targeted industries.  
 
  WT/TPR/M/ 400/Add.1  
 
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 UKRAINE  
QUESTIONS  REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1  Customs procedures, valuation, and requirements  
3.1.1.1  Registration and documentation  
Page 50 , Paragraph 3.11 
The Report states: "Importing a standard container of goods takes 50 hours and costs USD 233 for 
border compliance, and four hours and USD 43 for documentary compliance; exporting the same 
container requires 44 hours and USD 223 for border c ompliance, and 11 hours and USD 97 for 
documentary compliance. " 
Question  1 
Could  Thailand  kindly  elaborate  on justification  of the costs for border  compliance  and documentary  
compliance ? 
Answer  
Thailand, as a member of the World Trade Organization (WTO), is obliged to follow  "Agreement on 
Implementation of Article VII of the general on tariffs and trade 1994 " by using GATT valuation for 
customs value calculation and implement it as an internal law according to  the Customs Act B.E   2560 
(2017).  
Question  2 
How can Thailand ensure that these fees and formalities are in compliance with Article VIII of GATT 
1994?  
Answer  
The Thai Customs Department has Customs Notification No. 118/2549 to ensure that fee and 
formalities are implemented according to compliance with Article VIII of GATT 1994.  
3.1.2  Tariffs  
3.1.2.1  Tariff structure  
Page 51 , Paragraphs 3. 19-3.21 
According to the Report, Thailand 's tariff structure remains relatively complex: non -ad valorem  
duties account for 8% of tariff lines, and tariff rates range from zero to 226% when ad valorem  
equivalents are excluded, and 557.4% when they are included.  
Question  3 
Could Thailand kindly specify whether it intends to reduce the applied tariff rates for  goods that are 
subject to tariff peaks?  
Answer  
The imposed tariff rates are not higher than the bound rates. Moreover, some of these tariff rates 
are reduced by Free Trade Agreement negotiations. However, when revising the possibility of WT/TPR/M/ 400/Add.1  
 
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 reducing tariff r ates, the government has to concern about tariff revenues in the short term, and 
also fiscal sustainability in the long term.  
Question  4 
Does Thailand envisage simplification of its tariff structure over the next years?  
Answer  
Thailand revises its tariff structure on a regular basis and the tariff rates have been reduced 
according to the country 's economic situation. Should there be any circumstances such as changes 
in economics, trade or investment which make tariff reductions deem appropriate or n ecessary, the 
tariff structure will be revised accordingly.  
3.3 Measures Affecting Production and Trade  
3.3.5  Government procurement  
3.3.5.1  Overview  
Page 91 , Paragraph 3.181 
The Report mentions, that Thailand has been an observer in the WTO Committee on Government 
Procurement since 2015. However, it is not yet a signatory of the WTO Agreement on Government 
Procurement (GPA).  
Question  5 
Ukraine  would  appreciate  if Thailand  could  inform  whether  any further  steps  to join the WTO GPA 
are considered , taking  into account  the observer  status  of Thailand  in the WTO Committee  on 
Government  Procurement  since 2015.  
Answer  
Currently, Thailand does not have a plan to become GPA  member.  
3.3 Measures Affecting Production and Trade  
3.3.6  Competition policy and price regulation  
3.3.6.4  Price regulation and control  
Pages 100 -103, Paragraphs 3.214 -3.217  
Under the Report, the Central Commission on Prices of Goods and Services (CCP) has a right to 
prescribe rules, procedures and conditions with regard to the production, import, export, purchase, 
distribution or storage of the controlled goods or services. The 229  goods and services on the price 
monitoring list are watched over by the Department of Internal Trade.]  
Question  6 
Could Thailand  kindly provide information on how the CCP and the Department of Internal Trade 
coordinate their activities?  
Answer  
The Central Committee on Prices of Goods and Services (CCP) was established under the law on 
prices of goods and services. CCP 's key powers and duties are to issue notifications prescribing any 
good or service as "a controlled good or service, " to impose measu res to apply to "the controlled WT/TPR/M/ 400/Add.1  
 
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 goods or services, " to prescribe rules, procedures and conditions in displaying prices of goods or 
services, etc.  
The CCP consists of the Minister of Commerce as Chairperson, Permanent Secretary of the Ministry 
of Commerce a nd Secretary General of the Thailand Board of Investment as Vice Chairpersons, and 
at least four but no more than eight eminent persons whom the Cabinet appoints as committee 
members and at least half of them shall be from the private sector. The Director -General of the 
Department of Internal Trade (DIT) is a committee member and secretary to the committee.  
The Director -General of the DIT acting as the Secretary -General of the CCP will be the highest 
executive person responsible for the performance of the C CP, that is, administrative work of the CCP 
and subcommittees. Furthermore, the Director -General of the DIT has the duty to coordinate with 
Provincial Committees on the Prices of Goods and Services (PCP) and has the powers and duties 
under the law, such as  studying, analysing, or researching goods or services, their prices as well as 
business operation. S/he is also, among others, to monitor changes of prices of controlled goods 
and services and behaviours of business operators to report to the CCP and to r eceive complaints 
from individuals.  
Question  7 
Which agency is responsible for the enforcement of prescribed rules, procedures and conditions for 
import and export?  
Answer  
Customs Department, Ministry of Finance, and Department of Foreign Trade, Ministry of Commerce.  
Question  8 
Do the Customs Authorities of Thailand use the price -monitoring list to collect duties and taxes in 
connection with importation or exportation?  
Answer  
Thai Customs does not use the price -monitoring list of the Department of Internal Trade to collect 
duties and taxes in connection with importation or exportation.  
Page  102, Paragraphs 3.215 -3.217  
The Report indicates that the legal framework for price regulation remains unchanged, and many 
goods and services are s ubject to price monitoring or control (e.g. food, farm inputs, medical 
supplies, and delivery services for online shopping).  
Question  9 
Could Thailand kindly explain the reason for price control on delivery services for online shopping?  
Answer  
Currently, trading services and/or freight forwarding services for online businesses are prescribed 
as "Controlled services" which must be displayed prices, details regarding sales of goods and 
services, as well as other fees and charges through electronic  or online systems. At present, Thailand 
does not impose any controlling measure, i.e. price control on these services.  
In practice, prescribing goods or services as "Controlled goods or services" is only a process of listing 
them to be closely monitored. Only when it is necessary, appropriate regulatory measures will be 
issued pursuant to the powers of the Act on Prices of Goods and Services B.E. 2542 (1999), such 
as, requiring business operators to declare to the Department of Internal Trade (DIT) quantit y, place 
of storage, cost, and expenses of such goods or services.  WT/TPR/M/ 400/Add.1  
 
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 The DIT also prescribes rules, measures, and conditions to be followed by business operators with 
regards to production, purchase, or distribution of goods or services, etc. The "controlle d goods or 
services " list is intended to enable the CCP to determine appropriate regulatory measures efficiently 
and timely.  
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.3  Agricultural policies  
4.1.3.1  Legal, institutional, and policy framework  
Pages 114 -115, Paragraph 4.9 
The Report states, that the Ministry of Agriculture and Cooperatives (MOAC) follows its 
5-year Agricultural Plan (2018 -22) and the Organization Plan, both of which are in compliance with 
Thailand`s 20 -Year National Strategy (2018 -37). T he MOAC`s plans aim to achieve "secured 
farmers, prosperous agriculture, and sustainable agricultural resources ", where farmers` income is 
to be increased by more than USD 3,134 by 2022.  
Question  10 
In light of the challenges faced as a result of COVID -19, is Thailand planning to make amendments 
to its 5 -year Agricultural Plan (2018 -22), the Organization Plan or the five  strategies contained 
therein? If so, could Thailand, please, elaborate on the possible key elements?  
Answer  
While facing with COVID-19 challenges, Thailand did not make any amendment to our 5-year 
Agricultural Plan (2018 -22). In short terms, Thailand implement the post COVID -19 Relief projects 
both in Departmental level and Provincial level. The following are the examples:  
1) One Stop  Service on soil and fertilizer for community. This project aims to enhance 
productivity and reduce cost of production by applying technology to analyze soil and 
fertilizer that suitable for the area.  
2) One Tambon One Farmer Group. This project aims to promo te the Sufficiency Economy 
Philosophy (SEP) and develop the new theory agriculture learning center in all 
sub-district in Thailand.  
3) Enhancing Collaborative Farm by modern agriculture and market linkage. This project 
aims to increase production efficiency a nd reduce production costs for farmers or groups 
of farmers by applying appropriate technology and innovation, including a network of 
cooperation from various sectors.  Also, we focus on improving the production level to 
standard quality products in line wi th market demand and downstream industry needs.  
4) Adjust the structure of production, collection, and processing of farmers institutions to 
support agricultural products. This project aims to raise the potential of farmer 
institutions to be a center for agri cultural product management throughout the 
agricultural production chain. And to support and promote farmer institutions as a key 
community mechanism to facilitate members and farmers in the cultivation, collection, 
storage and processing of agricultural p roducts.  
In the long run, Thai government responses to the COVID -19 impact on food and agricultural 
systems by implementing a "3S" policy aims to position Thailand as the kitchen of the world, both 
in times of normalcy and crisis.  
The first "S" is Safety . Food Safety is one of the important missions of the Ministry of Agriculture 
and Cooperatives. We focus on producing agricultural and food products that are safe and meet WT/TPR/M/ 400/Add.1  
 
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 international standards.  Digital technology in traceability system is also highly pr omoted to address 
the health and safety of farm workers in order to gain customer trust and confidence.  
The second "S" is security. Thailand is committed to being a source of agricultural and food 
production for people around the world and prepare to be AS EAN food reserve.  During the 
coronavirus pandemic, Thailand has not imposed and export ban but fully supported international 
trade to be carried out in accordance with the market mechanism  
The last "S" is Sustainability. Ministry of Agriculture and Cooperatives attaches great importance to 
the concept of sustainable management of resource such as water, soil, and fisheries as well as 
sustainable fisheries management.   
4.5 Services  
4.5.1  Financial servic es 
Pages 135 -136, Paragraph 4.95  
Under the Report, Thai financial institutions are classified into two types: (i) depositary corporations 
(commercial banks, state -owned specialized financial institutions (SFIs), and saving cooperatives 
and credit unions); and (ii) non -depositary corporations (e.g. mutual funds, insurance companies, 
and securities  companies).  
Table 4.10 presents information on number and assets of financial institutions, including pawn shops, 
leasing companies, credit unions etc.  
Question  11 
Could  Thailand , please , describe  features  of legal regulation , requirements  and supervisory  functions  
of state authorities  regarding  activity  of the following  financial  institutions :  
- pawn shops;  
- leasing companies (financial leasing);  
- credit unions;  
- micro financial companies?  
Answer  
Pawnshops  
Pawnshop is regulated under the Pawnshop Act B.E. 2505 (1962). It must comply with the regulatory 
requirements under the Pawnshop Act and subordinate regulations. An operator may not operate as 
a pawnshop until s/he has obtained a license under the Pawnshop Act and paid the appropriate fees 
based on geographical location and whether the pawnshop is state -owned or private.  
The agency governing pawnshops is the Ministry of Interior. Licensing authori ty in Bangkok is the 
Department of Provincial Administration. Licensing authority in other provinces is the Governor of 
each province. And Department of Social Development and Welfare operates the state pawnshop in 
the name "Government Pawnshop ". Under the  Pawnshop Act, pawnshops are defined as any premise 
accepting a pledge as security for a loan in its normal operations, where the pledge 's value does not 
exceed THB 100,000 and where there is an agreement or understanding, directly or impliedly, that 
the redemption can be made later on.  
For legal interest rate :  
1) If the pledge 's value is less than or equal to THB 2,000, the interest rate is 2% per 
month.  WT/TPR/M/ 400/Add.1  
 
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 2) If the pledge 's value is greater than THB 2,000, the interest rate is 2% per month for 
the first THB 2,0 00 of the Pawn Value, and 1.25% per month for any remaining Pawn 
Value.  
Credit Unions  
Cooperative Auditing Department (CAD) is the cooperative auditor under Section 69 of the 
Cooperatives Act, B.E. 2542 (1999) and the additional amendments. CAD is respons ible for audit 
cooperatives and farmers groups to be in accordance with auditing standards and regulations set by 
CAD, and also develop an inspection system to build reliability and transparency for cooperatives 
and farmer groups by establishing the Cooper ative Registrar 's Regulation regarding the 
Cooperatives ' Inspection B.E. 2563 (2020).  
CAD has developed financial and accounting management for cooperatives and farmers groups by 
strengthening their capacity on doing accounts, financial statements, and upg rading the quality level 
of the internal control by establishing the Cooperative Registrar 's Regulation on the accounting of 
cooperatives and farmers groups, B.E. 2563 (2020). CAD has supported accounting and financial 
statements of cooperatives and farmer  groups to be beneficial to the economic decisions of users of 
financial statements and correspond with financial reporting standards. Moreover, CAD has 
responsibility for developing technological innovations and cooperative accounting programs to 
assist a nd manage auditing.  
The supervision of cooperative management according to the Cooperatives Act, B.E. 2542 (1999) and 
the additional amendments are under the supervision of the cooperative registrar (CPD) such as : 
1) Ministerial Regulation issued under the Co operative Act, B.E. 2542 (1999)  
- On dividends per shares  
- On maintaining cooperative liquid assets  
2) Announcement of the Ministry of Agriculture and Cooperatives on determining ratio of 
maintaining cooperative liquid assets  
3) Announcement of the National Cooperative Development Board  
4) Regulations of the Cooperative Promotion Department (CPD) regarding discussions on 
the implementation of laws, regulations, orders, announcements of the CPD or the 
cooperative registrar, rules, and cooperative regulat ions 
5) Announcement of the Cooperative Promotion Department regarding guidelines on 
measures of cooperative financial transactions for safety and prevention of money 
laundering and countering terrorism financing  
6) Relevant laws . 
Cooperative Auditing Department, Cooperative Promotion Department, Bank of Thailand, and the 
Ministry of Finance have discussed drafting ministerial regulations according to Section 89/2 of the 
Cooperatives Act B.E. 2542 and the amendments in B.E. 2562 for the operating and su pervising all 
thrift and credit cooperatives, and credit union cooperatives. There are 13 issues including:  
1) Draft: Ministerial Regulations on determining the size of thrift and credit cooperatives, 
and credit union cooperatives  
2) Draft: Ministerial Regulatio n on determining qualifications and other prohibited 
characteristics of the cooperative board of directors, and cooperative managers of thrift 
and credit cooperatives, and credit union cooperatives  
3) Draft: Ministerial Regulation on defining authorities and duties of the operating 
committee of thrift and credit cooperatives, and credit union cooperatives  WT/TPR/M/ 400/Add.1  
 
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 4) Draft: Ministerial Regulation on lending and credit of thrift and credit cooperatives, and 
credit union cooperatives  
5) Draft: Ministerial Regulations on deposi ts, debt, and creation of contingencies including 
loans or guarantees of thrift and credit cooperatives, and credit union cooperatives  
6) Draft: Ministerial Regulation on maintaining funds of thrift and credit cooperatives, and 
credit union cooperatives  
7) Draft: Ministerial Regulation on asset management and maintaining cooperative liquid 
assets of thrift and credit cooperatives, and credit union cooperatives  
8) Draft: Ministerial Regulations on determining deposits or investments of thrift and credit 
cooperatives,  and credit union cooperatives  
9) Draft: Ministerial Regulation on good governance of thrift and credit cooperatives, and 
credit union cooperatives  
10) Draft: Ministerial Regulation on asset classification and provision of thrift and credit 
cooperatives, and cred it union cooperatives  
11) Draft: Ministerial Regulations on accounting preparation and disclosure of financial 
statements, audit, and appointment of auditors  
12) Draft: Ministerial Regulations on information recording and reporting of thrift and credit 
cooperative s, and credit union cooperatives  
13) Draft: Ministerial Regulations on supervising concentration of financial transactions of 
thrift and credit cooperatives, and credit union cooperatives . 
Remark : The Council of Ministers has approved the draft No. 1 – 7 and 9  – 13 of Ministerial 
Regulations (except No. 8) and the Office of the Council of State has considered the draft No. 1 – 3, 
6, 9, 11 – 12 of Ministerial Regulations.  
4.5.1.2  Insurance  
4.5.1.2.2  Legal framework  
Pages 141 -144, Paragraphs 4.118 -4.129  
The Report describes the regulatory developments in legal and institutional framework for the 
insurance industry that have occurred in Thailand during the period under  review.  
Question  12 
Would Thailand, please, describe features of legal regulation in the field of life and non -life insurance 
and provide the links to appropriate legislative acts in English?  
Answer  
Life Insurance Act and Non -Life Insurance Act provide scope of legislations from entering into market 
of insurance company until  exit from the market. Both Acts also provide scope of supervision on 
insurance company and policyholder protection scheme.  
Link to translation of both Acts is as follows : https://www.oic.or.th/ en/consumer/rule/6/335  and 
https://www.oic.or.th/en/consumer/rule/7/335 . WT/TPR/M/ 400/Add.1  
 
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 Question  13 
What are legal requirements for life and non -life insurance contracts (please, provide the links to 
appropriat e legislative acts in English)?  
Answer  
Fundamental terms and conditions of both Life and Non -Life insurance contract will be subjected to 
Section 861 – 897 of Thai Civil and Commercial Law. Also, insurance policy and premium rate shall 
be approved by the Registrar of both Life Insurance Act and Non -Life Insurance Act.  
Question  14 
Could Thailand kindly describe legal framework for providing protection of rights of financial services 
consumers and elucidate supervisory functions of the State in this rega rd? 
Answer  
The Registrar of both Life Insurance Act and Non -Life Insurance Act may review and arrange for 
resolution on any dispute on insurance contract. In addition, OIC provides mediation and arbitration 
services for both disputed parties.  
Life Insuranc e Act and Non -Life Insurance Act provide that in case the insurance company has its 
license revoked, insurance creditors have preferential rights on assets of security deposit and reserve 
that placed with the Registrar. Also, Life Insurance Fund and Non -Life Insurance Fund will provide 
remedy to insurance creditors with the limit of THB 1 million.  
Question  15 
What are state guarantees for protection of accumulated capital under life insurance contracts?  
Answer  
Under Life insurance Act, there is a Fund to be  called the "Life Insurance Fund" which was established 
as a juristic person, for the purposes of protecting creditors who are entitled to receive payment of 
insurance debts, in the event that a company is bankrupt or is subject to revocation of the licens e 
to undertake life insurance business. The Fund are financed by 0.1% levy on the gross written 
premium of each insurance company. Neither Fund is guaranteed by the Stated. Payment are limited 
to THB 1 million per claimant.  
Question  16 
What are the requirements for persons providing life and non -life insurance services?  
Answer  
According to Life Insurance Act B.E. 2535 (1992) and the amendments, and Non -Life Insurance Act 
B.E. 2535 (1992) and the amendments, all persons providing life and non -life ins urance services or 
insurance intermediaries need to be licensed. Licenses are subject to appropriate applications. For 
insurance intermediaries, there are two types of licenses, "Agent " and "Broker ".  
The requirements for Agent  
All a life and non-life insurance agent shall have the following qualifications:  
(1) is sui juris; 
(2) is domiciled  in Thailand;  WT/TPR/M/ 400/Add.1  
 
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 (3) having studied life or non -life insurance at an institute prescribed by the Office of 
Insurance Commission  or have passed an examination concerning li fe or non -life 
insurance knowledge, in accordance with the program and procedures prescribed by the 
Office of Insurance Commission ; 
(4) not being declared as a person of unsound mind, incompetent or quasi incompetent;  
(5) not having been sentenced to imprisonment upon final judgment, for offenses relating 
to property committed dishonestly , unless the sentence was completed at least 
five years prior to the date of application;  
(6) is not a bankrupt;  
(7) is not a life or non -life insurance broker;  
(8) not having  a life or non -life or life insurance agent or broker 's license suspended, or its 
issuance or renewal is suspended in accordance with the law on life or non -life 
insurance;  
(9) not having  had a life or non -life insurance agent or broker license revoked within the 
period of fiv e years prior to the date of application for a license; and  
(10)  not having had a bad background or having acted in any manner which displays a lack 
of responsibility  or due care that a person ought to have in his disposition and 
circumstance, in accordance wit h the procedures, conditions and time prescribed by the 
Office of Insurance Commission . 
A person who qualified all requirements and wishes to be a life or  non-life insurance agent of any 
insurance company shall submit to the Registrar an application for a life or non -life insurance agent 
license for such insurance company, together with a letter from the company expressing its intention 
to have such person be its life or non -life insurance agent, as well as a certificate confirming that 
such person satisfac torily passed a training program organized by the Office of Insurance 
Commission, or other training according to the program and procedures prescribed by the Office of 
Insurance Commission.  
The requirements for Broker  
For brokers, there are level of licenses, at "natural person " (individual) level and at "Juristic Person " 
(corporate) level :  
1) Natural Person (Individual) Level  
A natural person who applies for a life or non -life insurance broker 's license must not be a life 
or non -life insurance agent or director, manager, officer, or employee of any company and 
shall have the following qualifications:  
(1) is sui juris  
(2) is domiciled in Thailand  
(3) having studied life or non -life insurance at an institute prescribed by the Office  of 
Insurance Commission or have passed an examination concerning life or non -life 
insurance knowledge, in accordance with the program and procedures prescribed by the 
Office of Insurance Commission  
(4) not being declared as a person of unsound mind, incompete nt or quasi incompetent  
(5) not having been sentenced to imprisonment upon final judgment, for offenses relating 
to property committed dishonestly, unless the sentence was completed at least 
five years prior to the date of application  WT/TPR/M/ 400/Add.1  
 
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 (6) is not a bankrupt  
(7) not hav ing a life or non -life insurance agent or broker 's license suspended, or its 
issuance or renewal is suspended in accordance with the law on life or non -life insurance  
(8) not having had a life or non -life insurance agent or broker license revoked within the 
period of five years prior to the date of application for a license  
(9) not having had a bad background or having acted in any manner which displays a lack 
of responsibility or due care that a person ought to have in his disposition and 
circumstance, in accordan ce with the procedures, conditions and time prescribed by the 
Office of Insurance Commission  
2) Juristic Person (corporate) level  
A juristic person which applies for a life or non -life insurance broker 's license must have the 
following qualifications : 
(1) have characteristics as prescribed by the Commission such as minimum capital fund  
(2) have a head office in Thailand  
(3) have a representative, who is responsible for the operation, with qualifications as 
prescribe d by the Commission  
(4) have the systems and personnel for the operation of a life or non -life insurance 
brokerage in accordance with the rules, procedures, and conditions prescribed by the 
Commission  
(5) not have had its life or non -life insurance broker 's or age nt's license suspended, or its 
issuance or renewal is suspended in accordance with the law on life or non -life insurance  
(6) not have had its life insurance broker 's license, or non -life insurance broker 's license 
under the law on life or non -life insurance, revoked, within five years prior to the date 
of application for a license  
(7) not have had a bad background, or never to have acted in any manner which indicates 
a lack of responsibility or due care that a person ought to have in his disposition and  
circumstance, in accordance with the procedures, conditions and time prescribed by the 
Commission . 
Question  17 
Would Thailand, please, describe Thai pension system: features and principles of its functioning, 
organizational and legal framework, participan ts of the system, state guarantees?  
Answer  
Pension System in Thailand  
Thailand 's pension system was completely restructured in late 1990s.  According to World Bank, the 
system comprises of three pillars.  
The first pillar is the state pension comprising of Old Civil Service Scheme and Social Security Fund. 
This scheme is intended to secure the basic needs.  
The second pillar consists of the Government Pension Fund. The Government Pension Fund (GPF) is 
a defined contribution pension system for ci vil servants.  WT/TPR/M/ 400/Add.1  
 
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 The third pillar is a privately financed personal provision and is voluntary. Provident Fund is an 
occupational pension. Unlike normal savings, it is incentivized with tax advantages and can be used 
as a means of closing pension gaps. In addi tion, voluntary retirement saving can be made through 
personal saving plans, including the Retirement Mutual Funds, which is opened for all including the 
employees not covered by provident funds.  
In 2015, the government introduces the National Saving Fund (NSF), a new voluntary retirement 
savings program. It is intended to cover Thai citizens who are not covered by any pension schemes, 
especially the informal workers.  
Question  18 
What are available life insurance programs and pension programs/plans (please,  provide the links 
to appropriate documents in English)?  
Answer  
There are many types of life insurance products in Thailand consisting of Endowment with and 
without dividend, Whole life, Term, Pension, Mortgage, Unit -Linked, Universal life, Health, Critica l 
Illness, Accident and Total Permanent Disability.   
Moreover, for Pension, the coverage is to provide regular income when insured are at the age of 
55 and up to 85 or more than 85 years by reference to being alive. For more information, please 
visit  
OIC website through this link https://www.oic.or.th/en/node/89363 . 
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.1 National Policies towards Structural Reform  
S-Curve & New S -Curve industries  
Page 6, Paragraph 3.7 
In accordance with Thailand 4.0 policy, the Board of Investment (BOI) announced 7 -year investment 
promotion strategy (2015 -2021) with an aim to lead the country towards innovation -driven economy 
by offering incentives for targeted industries in order to accelerate R&D, innovation, and human 
resource development in Thailand.  
Question  19 
Could Thailand kindly elaborate on the preliminary results of the investment promotion strategy 
mentioned in the report?  
Answer  
In the investment policy impact assessment report (2018)* shows that Investment incentive 
schemes under the 7 -year strategic investment promotion policy (2015 -2021) contributed 418 billion 
baht to Thailand 's GDP growth. The scheme is streamlining the ongoing transformation of Thailand 's 
economic structure towards an advanced economy driven by science and technology.  
The policy has contributed positively to Thailand 's economy. In the years 2015 an d 2016, the 
investment incentive scheme boosted real GDP by 3.31%, private consumption by 1.59%, private 
investment by 6.03%, exports by 4.29%, and employment by 0.46% on average.  
The report also indicates that promoted projects have high added -value of re venue. In the years 
2015-2017, the added -value of revenue of promoted projects was 40.28% on average. The service WT/TPR/M/ 400/Add.1  
 
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 sector experienced the largest expansion in all industries with a growth of 64.47% in value -added 
revenues, followed by the industrial sector with 36.09% and the agricultural and agricultural 
processing sector with 26.75%.  
New measures launched in 2019 have not been evaluated yet.  
* Policy evaluation is conducted by third party for every 2 years. The investment policy assessment 
report of 2018 w as first released in 2019 and the next report is expected to be published in 2021.  
3.2 Sectoral Policies  
3.2.2  Agriculture  
Page 11, Paragraph 3.34 
The Report states, that "During 2015 -19, the agricultural GDP increased from USD 19.73 billion in 
2015 to USD 7.56 billion in 2019, with an average growth rate of 2.3% per year. " 
Question 20  
Could Thailand kindly re -confirm the numbers of growth provided?  
Answer  
WTO has already corrected the number to USD 27.56 billion.  
3.2.6  Intellectual property  
Page 19, Paragraph 3.71 
According to the Report, Thailand is in the preparation process for its accession to the WIPO 
Copyright Treaty, the WIPO Performances and Phonograms Treaty and the Hague Agreement 
Concerning the International Registration of Industrial Desig ns. 
Question  21 
Could Thailand kindly elaborate on the stage of its accession to the WIPO Copyright Treaty, the 
WIPO Performances and Phonograms Treaty and the Hague Agreement Concerning the International 
Registration of Industrial Designs?  
Answer  
Thailand is amending the Copyright Act B.E. 2537 (1994), which consists of two phases :  
The first phase includes the preparation for Thailand 's accession to the WCT. The draft 
amendment for this phase was approved by the Cabinet in September 2020 and is no w 
forwarded to the parliament for consideration. Upon the completion of the amendment, 
Thailand will be ready to join the WCT as approved by the National Legislative Assembly in 
December 2018.   
The second phase covers Thailand 's preparation for the accessi on to the WPPT. The 
Department of Intellectual Property is currently working on the draft amendment of the 
Copyright Act for this phase.  
With regard to the Hague Agreement, Thailand is currently amending the Patent Act. The 
amendment includes the groundwo rk for Thailand 's accession to the Hague Agreement. The draft 
amendment was available for public comments during 30 September - 31 October 2020. After this, 
the Department of Intellectual Property plans to submit the draft amendment to the Cabinet by the 
end of 2020.  WT/TPR/M/ 400/Add.1  
 
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 3.2.10  COVID -19 related policies and measures  
Page 23 , Paragraph 3.96 
The Report states, that due to the COVID -19 outbreak, the Government has elevated the 
implementation of measures to the highest level by virtue of Section 5 of the Emergency Decree on 
Public Administration in Emergency Situations B.E. 2548 (2005) on 26 March B.E. 2563 (2020). 
Since March 2020, the Government has approved three phases of COVID -19 Relief Package to 
mitigate the economic impacts from the pandemic, focus ing on economic stimulus package and 
healthcare spending.  
Question  22 
Could Thailand kindly provide more detailed information on the key elements of COVID -19 Relief 
Package, particularly, in the agriculture sphere?  
Answer  
Two key elements of package that a ffect agriculture sphere are (1) rental fees levied on lessees 
under the obligation to pay rents on land used for residential or agricultural purpose having been 
waived for one year, and (2) three monthly installments of electronic cash transfers are made to 
farm households in the amount of 5,000 baht per month.  
3.3 Regional Trade Arrangements and Economic Cooperation  
3.3.1  FTAs  
Page 24 , Paragraph 3.99 
The Report mentions the process of negotiating FTAs by Thailand.  
Question  23 
Would Thailand, please, inform on the existing preconditions and procedures for deciding on the 
beginning of negotiations for the conclusion of a Preferential Agreement?  
Answer  
Thailand 's priorities for FTA negotiations are:     
1) To enhance opportunities on trade and economic  
2) To protect and preserve country 's trade and investment interests . 
Therefore, Thailand consider negotiating FTAs with countries who have potential trade growth with 
Thailand in recent years.  
The negotiating processes are as follows :  
1) Pre-negotiati ons 
(1) Undertake studies and public hearing  
(2) Solicit views from industries and stakeholders  
(3) Submit the negotiations framework and position to the Cabinet for approval  
(4) Cabinet approves . WT/TPR/M/ 400/Add.1  
 
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 2) Negotiations  
(1) Rounds of negotiations  
(2) Conclusion and legal scrubbing  
(3) Signing an Agreement . 
3) Pre-ratification  
(1) Article 178 of the 2017 Constitution requires a Parliamentary approval within 
60 days 
(2) Publish the Agreement in the Royal Gazette . 
4) After the Agreement enters into force  
Parliament approves  
• Ratification  
• Monitoring, reviewing, and remedies  
Parliament disapproves  
• Dismissal/Amendment . 
3.3.2  WTO  
Page 25 , Paragraph 3.106 
The Report notes, that on Electronic Commerce, Thailand has participated in discussions under the 
Work Programme on Electronic Commerce and c o-sponsored the Joint Statement on E -commerce 
Initiative launched in January 2019 during the Informal WTO Ministerial Gathering (IMG) in order to 
strongly support negotiations on trade -related aspects of e -commerce.  
Question  24 
Could Thailand kindly elaborate on its vision with regards to further activities under Work Programme 
on Electronic Commerce within the WTO and the role of the WTO in promoting regulatory 
environment in facilitating electronic commerce?  
Answer  
Thailand as a co -sponsor of WTO Joint Statement on E -commerce Initiative strongly supports the 
next step of negotiations on trade -related aspects of E -commerce.  
We recognise the importance of E -commerce as one of game changers in digital economy that 
substantially affects pattern of international trade in goods and services.  
During the past years, we have witnessed the negotiations on E -commerce Chapter under a number 
of bilateral and regional Free Trade Agreements. We are therefore of the view that it is  timely for 
multilateral negotiations on E -commerce under WTO with a view to promoting open, transparent, 
non-discriminatory, and predictable regulatory environments and facilitating E -commerce while 
ensuring that consumers are well protected. Moreover, WT O is a significant forum that Members 
could explore and discuss new trade issues as digital economy or E -commerce.  
Thailand views that the negotiations under the JSI are of great importance and that members should 
keep the momentum going in order to reach an inclusive and balanced outcome for the MC12 
in 2021.   WT/TPR/M/ 400/Add.1  
 
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 UNITED KINGDOM  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment Regime  
Thailand 's FBA affects  many  business  sectors. In recent times certain sectors have been liberalised.  
Question  1 
Does Thailand  have plans to review the remaining sectors  (especially those on List  3)? Additionally,  
would Thailand consider further liberalisations for  sectors that could create transition opportunities 
between professional bodies (e.g. accounting/legal etc.).  
Answer  
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 four Ministerial 
Regulations Prescribing Service Business Not Subject to Appl ication for Foreign Business Permission 
covering 40 business categories such as securities business under the law on securities and securities 
exchange, insurance business under the law on insurance, financial institution business, and 
representative offic e/regional office.  
To review the regulated businesses under the FBA, the regulation promulgation process is required 
to hold public hearings from stakeholders and sector regulators are held. The result based on pros 
and cons usually requires sufficient in formation for the Commission to remove the regulated 
businesses from the list.  
3 TRADE POLICIES AND PRACTICES BY MEASURE   
3.3 Measures Affecting Production and Trade  
3.3.7  IPRs  
We welcome Thailand 's progress in combating counterfeiting and piracy, particularly the creation of 
the Committee on enforcement against intellectual property (IP) infringements, led by the Deputy 
Prime Minister.  
Question  2 
Could Thailand explain what it is doing to increase  the speed of civil IP enforcement legal actions 
and increase the level of damages to ensure there is a deterrent to counterfeiting and piracy?  
Answer  
In tackling with IPR infringement in a quick manner, the preliminary injunction is available in the 
Civil and Commercial Code and Rules for Intellectual Property and International Trade Cases 1997. 
The punitive damages are also available in the Copyright Act.  WT/TPR/M/ 400/Add.1  
 
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 3 TRADE POLICIES AND PRACTICES BY MEASURE   
3.3 Measures affecting Production and Trade   
3.3.2  Standards and other technical requirements   
Paragraph 3.151   
Question  3 
To ask for clarity around the rules,  procedures  and conditions for labels of alcoholic beverages . We 
would also be interested  in an update on the 'graphic health warning ' labelling requirements.   
Answer   
1) Labels of alcoholic beverages: Currently Thailand is developing technical document regarding 
rules, procedures and conditions labelling of alcoholic beverages. The third version has not been 
finalised on label text yet.   
2) Graphic warning labelling: Currently there is no progress . 
3 TRADE POLICIES AND PRACTICES BY MEASURE   
3.3 Measures Affecting Production and Trade   
3.3.5  Government Procurement   
Paragraph  3.3.5.2  
Legislation, general policies and institutional arrangements  
Question  4 
Please elaborate on the scope of the Public Procurement and Supplies Administration Act (2017). 
Does the Act, or equivalent rules, apply to:  
a. Public utilities that are government controlled, including for railways, high ways, port 
and airport facilities, urban transport, power/energy and water utilities   
b. Regional and local government   
c. The procurement of all goods, services, and construction services . 
Answer  
Public Procurement and Supplies Administration Act B.E. 2560 (2017) applies to the central 
administration, the provincial administration, the local administration, a State enterprise under the 
law on budgetary procedures, a public organisation, an independent organ, a constitutional organ, 
an administrative unit of the Court, a university under supervision by the State, an agency attached 
to the National Assembly or under supervision of the National Assembly, a State independent agency 
and any other agency as prescribed in the Ministerial Regulation. It also covers t he procurement of 
all goods, services, and construction services.  
Question  5 
To what extent do the separate procurement rules put in place by SOEs, universities under state 
supervision and foreign -located state agencies need to comply with the Public Procu rement and 
Supplies Administration Act (2017) and associated regulations, and what criteria does the Policy 
Commission use to approve these rules?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Under Public Procurement and Supplies Administration Act B.E. 2560 (2017), Section 8 indicate that 
procurement and supplies administration by a State agency must generate optimal benefits to the 
State agency and must conform with the value for money principle, the transparency principle, the 
efficiency and effectiveness principle, and accountability pri nciple. In Section 6 mentions that in 
order to engender flexibility and expediency of operations of a State enterprise, a university under 
supervision of the State, a State agency in a foreign country or a work unit of a State agency located 
in a foreign c ountry or any other State agency as prescribed in the Ministerial Regulation, such State 
enterprise, university under supervision of the State or State agency may, if it so intends, put in 
place its own Rules, Regulations or Ordinances relating to procurem ent and supplies administration 
in whole or in part, provided that it shall be done in conformity with the rules on procurement and 
supplies administration framed under this Act unless, in a foreign country where the State agency 
or a work unit of the Stat e agency is located, laws, practices or local customs specifically exist or 
provide otherwise.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade   
3.3.5  Government Procurement   
Paragraph  3.3.5.2  
Legislation, general policies and institutional arrangements   
Question  6 
Please elaborate on the specific criteria, procedures and conditions overseas suppliers and service 
providers need to satisfy to participate in Thailand 's mandatory registration system for governm ent 
procurement. For example, can overseas suppliers register at any given time, and is the system 
accessible electronically and free to use? How long does it take for a supplier to become registered 
on the system? Are reasons for rejection given to the su pplier?  
Answer  
All suppliers are required to register in order to participation in government procurement. However, 
overseas suppliers have to submit registration form in -person at The Comptroller 's General 
Department. Online registration is not available.  None of the supplier is rejected.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.5  Government Procurement  
Paragraph  3.3.5.3  
Procurement methods  
Question  7 
What are Thailand 's rules concerning use of technical specifications in tender requirements? Are use 
of international standards (including safety standards) generally preferred over national or local 
standards? When descriptive requirements are used in a tender, does Thailand require its procuring 
entities to consider internationally equivalent goods and services that demonstrably fulfil those 
requirements?   WT/TPR/M/ 400/Add.1  
 
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 Answer  
Both international standards and national standards are acceptable. It depends on requirement of 
procuring entities. Normally, procuring entities will require goods that have Thai Industrial Standard.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.5  Government Procurement  
Paragraph  3.3.5.4  
Electronic government procurement  
Question  8 
Are notices published on Thailand 's electronic government procurement system  summarised  in 
English? Are sub -central entities and public utilities also required to use the electronic government 
procurement system?  
Answer  
Procurement notices are published in Thai language without English summary except international 
bidding, which will be published in English language. All government agencies covered in the Act are 
required to use the electronic government procurement system.  
3 TRADE P OLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.5  Government Procurement  
Paragraph  3.3.5.2 Legislation, General policies and institutional arrangements  and 
Paragraph  3.3.5.6 Other policy considerations   
Question  9 
It is noted that Thailand has put measures in place to promote transparency and fair competition. 
How effective have these been at achieving their objectives?  Please elaborate on any other current 
or planned actions to continue promoting transparency and fair co mpetition.  
Answer  
The Comptroller General 's Department provides the information such as public procurement notices, 
TOR, or awarded contract on the website. Online bidding is used for preventing collusion and 
interested suppliers can participate in the pro curement. In addition, Thailand has the project called 
Integrity Pact (IP) that has been used in government procurement in order to prevent corruption. 
IP is an agreement that is signed by three  parties which are government agencies, project owner, 
and ind ependent observer. Any government procurement that valued above THB 1,000 million will 
be selected to join this project. Since IP is carried out, it can save millions THB of government 
budget. Another project named Construction Sector Transparency Initiati ve (CoST), it is one of the 
Government 's measures to improve transparency and value of money spent on public infrastructure 
and to prevent corruption.  WT/TPR/M/ 400/Add.1  
 
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 3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.5  Government Procurement  
Paragraph 3.3.5.3 Procurement methods  
Question  10 
It is noted that Thailand still retains preferences for certain domestic suppliers, where use of the 
"specific procurement method " (direct awards, limited tendering) is permitted. Under what 
circumstances and for what types of procurement can procuring ent ities apply these preferences for 
domestic suppliers and use the "specific procurement method "? How is the list of suppliers that the 
government wants to promote or support determined?  
Answer  
Ministerial Regulation Prescribing of supplies that State needs to Promote or Support and Prescribing 
of Procurement Procedures by the Selection method and Specific Method B.E. 2560 (2017) detailed 
the type of promote and support supplies as following : 
1. Supplies for agricultural promotion and development  
2. Supplies for medium -small enterprise and disadvantaged person promotion  
3. Supplies for learning purpose  
4. Supplies for research promotion and development or provision of educational services  
5. Supplies for promotion of innovation  
6. Supplies for health and public health promotion  
7. Supplies for promotion of stability of energy and natural resources.  
4 TRADE POLICIES BY SECTOR  
4.5 Services  
4.5.2  Communications  
4.5.2.1  Telecommunications  
During COVID -19 lockdown, Global Travel Retail came to a halt, all b ars and restaurants were closed 
for an extended period, and footfall in retail outlets was much reduced.  To some extent, the 
industry 's losses were offset by increased on -line sales.  Now, Thailand has passed legislation that 
will ban e -commerce in alcoholic beverages, commencing in December. Some parts of British 
industry are concerned this is an over -reaction to the increase in on -line sales that took place during 
lockdown and that it is perfectly acceptable for a well -regulated e -commerce market i n alcoholic 
drinks to operate in a country like Thailand with a strong imported and local alcoholic drinks market, 
provided of course that the young are protected.  
Question  11a 
Will the Thai authorities reconsider the planned introduction of ban on e-commerce in alcoholic 
beverages, if the industry demonstrates that measures to prevent under -age persons from obtaining 
alcohol in this way?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The process of this legislation has started before the outbreak of COVID -19. Thus, it does not 
correlate w ith the COVID -19 pandemic. This notice is a general consideration that the sale of 
alcoholic beverages should be banned via e -commerce in order to prevent underage drinking. 
Thailand welcomes demonstration of any practical measures to control time, place a nd person of 
online alcoholic beverages buying.  
Question  11b 
We understand that a proposal to ban all forms of advertising of alcoholic beverages has been under 
consideration since before the Coronavirus crisis. Any such measure is bound to impact more heavily 
upon imported products new to the market than on established local products and would thus 
constitute a barrier to trade.  British exporters take their corporate social responsibilities seriously 
and abide by a voluntary code of practice on advertis ing.  
Can Thailand  update on their potential reforms regarding the advertising of alcohol beverages?  
Answer  
Currently, advertising alcoholic beverages in Thailand still has to follow the Alcohol Control Act 
B.E. 2551 (2008).  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.1.2  Trade and business facilitation   
3.1.2.1  Ease of doing business   
Paragraph 3.16 (4)  
Question  1 
Please elaborate on the services sectors that have been removed from the Foreign Business Act, 
B.E. 2542 (1999) to exempt business from the foreign business license requirement in order to 
facilitate business operations and promote trade and investment in Thailand.  
Answer  
The Ministry of Commerce has reviewed categories of businesses in the Lists annexed to the Act 
annually in order to promote and attract foreign investment. Since 2013 The Ministry of Commerce 
has issued 4 Ministerial Regulation Prescribing Service Business  Not Subject to Application for 
Foreign Business Permission (40 business categories) as follows:  
- Securities business under the law on securities and securities exchange,  
- Insurance business under the law on insurance,  
- Financial institution business  
- Repre sentative office/regional office.  WT/TPR/M/ 400/Add.1  
 
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 3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19  
3.3 Regional Trade Arrangements and Economic Cooperation   
3.3.5  RCEP  
Paragraph 3.123   
Question  2a 
The report gives an update on RCEP negotiations, noting it is expected to be a modern, 
comprehensive, high -quality, and mutually beneficial economic partnership agreement.  Will 
Thailand be looking to accede to other such agreements, such as the Comprehensive and Progressive 
Agreement for Trans -Pacific Partnership?   
Answer  
Recently, the special committee created by the parliament has already concluded the CPTPP study 
and it is expected to submit the study to the Cabinet for consideration within November 2020.  
According to the results, there were supporting groups who see benefits from CPTPP and concerning 
groups that still have concerns in joining the CPTPP. However, Thailand still needs to create more 
awareness and understanding and need a period of time to revise the domestic regulations to be in 
line with CPTPP.  
Question 2b  
The UK would also like to understand more broadly Thailand 's plans for its future trade negotiations.  
Answer  
Thailand 's trade negotiations aim at accomplishing five key benefits.  
1) Export expansion  
2) Increased investment inflow and outflow  
3) Reduced production cost by securing alternative and new sources for material  
4) Human resource and technology development  
5) Supplement existing trade agreements WTO, ASEAN, FTAs and other sub -regions 
arrangements . 
Thailand 's plan for future trade negotiations  
1) Thailand - EU 
2) Thailand - EFTA 
3) Thailand - EAEU  
4) Thailand - UK 
5) ASEAN - Canada  
6) CPTPP . WT/TPR/M/ 400/Add.1  
 
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 GENERAL QUESTIONS  
Question  1 
The UK would like to ask for further information on the Maximum Procurement Price/Median Pricing 
Policy methodology and process.   
Answer  
Under the Public Procurement and Supplies Administration Act B.E. 2560 (2017), "Focal price " means 
the price used as a basis for comparing prices offered by persons tendering proposals, in respect of 
which procurement may actually be materialised in the fo llowing orders:  
1) The price derived from the calculation in accordance with the rules prescribed by the 
Focal Prices Committee  
2) The price derived from the supplies index -price database established by the 
Comptroller -General 's Department  
3) The standard price prescribed by the Bureau of the Budget or other central agencies  
4) The price derived from market -price investigation  
5) The price from the last procurement over two finance years  
6) Any other price in accordance with the rules, procedures or practices of the  State agency 
concerned . 
In the case where there exists the price under (1), the price under (1) shall first be adopted. In the 
case where the price under (1) does not exist but there exists the price under (2) or (3), the price 
under (2) or (3) shall firs t be adopted, provided that in considering whether the price under (2) or 
(3) shall be adopted, prime regard shall be had to the interest of the State agency. In the case 
where prices under (1), (2) and (3) do not exist, the price under (4), (5) or (6) sha ll be adopted 
provided that in considering whether the price under (4), (5) or (6) shall be adopted, prime regard 
shall be had to the interest of the State agency.  
Question  2 
The UK would like to ask for clarification on how products are selected to be included in the National 
List of Essential Medicines (NLEM).  
In Thailand, selecting medicines to be included in the National List of Essential Medicine (NLEM) is 
primarily determined on the aim to prevent and resolve the health problem in Thailand. Moreove r, 
cost and economic impact on the national economy are the key elements to be determined in the 
medicine selection process. The selection requires sufficient evidence -based literature in combination 
with the opinions of experts from relevant areas of expe rtise, including medicine, pharmacy, public 
health, and economics. In addition, an effective scoring system, ISafE score, is used to determine 
the safety, efficacy, and effectiveness of the medicine. The information on drug quality including 
dosage form, s torage, stability, dosage, expiration date, efficacy, administration, and patient 
compliance are required to consider whether the medicine should be included in the NLEM. Regarding 
the safety concern, none of the medicines in the safety monitoring programm e or used as an off -label 
indication will be included in the list of essential medicines.  
Question  3 
The UK would like to understand whether Thailand would consider opening up foreign participation 
in the workforce by looking at mutual recognition of quali fications or simplifying qualification 
conversion options?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
Thailand views that the mutual recognition of qualifications would help facilitate the movement of 
natural persons, therefore Thailand encourages related professional councils to explore pos sibility to 
facilitate movement of natural persons through MRAs. ASEAN MRAs are among the good examples.  
  WT/TPR/M/ 400/Add.1  
 
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 UNITED KINGDOM  – FOLLOW -UP QUESTIONS  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
Follow -up on answer to Question 2  
We note that a technical document on 'Rules, procedures and conditions for labelling of alcoholic 
beverages ' is under consideration. Will these Rules etc be notified to the WTO for comment by 
Thailand 's trading partners, and when can we expect this to happ en? 
Answer  
The improvement of technical document is still in progress. Thailand will certainly notify the trading 
partner countries once the new version of the Technical Document is revised.  
Follow up on answer to Question 5  
Thank you for the information on Thailand 's mandatory registration system for government 
procurement. Please can you confirm whether there is a cost for overseas suppliers to register to 
use this system?  
Answer  
Registration for overseas suppliers at the Comptroller General 's Department is free of charge.  
Follow -up on answer to Question 11  
We note that advertising is still subject to the Alcohol Control Act B.E. 2551 (2008) . We understand 
this to mean that Thailand has no plans to revise the regulations under the Act at this  time and 
welcome the fact that no stricter measures are likely. However, we would like to ask Thailand to 
reconsider the existing regulations, which severely restrict the ability of exporters to promote  their 
products and bring them to the attention of po tential consumers in Thailand. This means Thai 
consumers have less choice.  
The UK spirits industry takes its  corporate social responsibilities seriously and follow s a code of 
practice on advertising which precludes health claims and the targeting of minor s. Is this something 
the authorities would be prepared to look at again?  
Answer  
Alcohol advertising under the Alcohol Control Act 2008, Section 32, paragraph 2, does not prevent 
any alcohol advertisement. Therefore, entrepreneurs can import alcoholic bever ages for sale and 
marketing in Thailand.  
The consumption of alcohol is a major factor affecting health and society which causes negative 
effects on the health and body of the drinkers. In addition, it also causes harmful effects and 
damages to others, such  as disturbances and quarrels, violence, crimes, and road accidents, etc. 
According to the Alcohol Control Act B.E. 2551 (2008) aims which focus on controlling the sale and 
consumption of alcoholic beverages by measures such as limiting the date, time, pla ce of sale and 
consumption. The purpose is to limit accessibility of individuals, especially young people, and new 
drinkers. Therefore, Thailand currently does not have any plans to revise the Act.  
  WT/TPR/M/ 400/Add.1  
 
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 UNITED STATES  
QUESTIONS REGARDING THE REPORT BY THE SECRETARIAT - WT/TPR/S/400  
2 TRADE AND INVESTMENT REGIMES  
2.3.2  Regional and preferential agreements  
2.3.2.1  Overview  
Page 39, Paragraph  2.23 
The Secretariat Report states that negotiations between "Thailand and the European Union, and 
between Thailand and the European Free Trade Area (EFTA), respectively, have been put on hold 
since 2014.  However, the current Government, elected in June 2019, has launched an internal 
procedure o n the possibility of resuming negotiations with the European Union and EFTA in the near 
future. " 
Question  1 
Is Thailand still considering restarting negotiations with the European Union and EFTA?  If so, please 
describe the Government 's plans in this regard . 
Answer  
1) The European Union and the EFTA are important trading partners of Thailand. Free Trade 
Agreements with both blocs would help Thailand remain competitive in both markets, taking 
into consideration the advantages enjoyed by countries that have concluded an FTA with the 
EU and the EFTA during the period that negotiations with Thailand have been put on hold.  
2) Currently, for the resumption of the negotiations with the EU, Thailand has completed the 
impact study and nationwide stakeholder consultatio ns. The next step is to seek the approval 
of the Cabinet for resumption of negotiations, possibly around the end of this year. For EFTA 's, 
such internal process is still undergoing and we expect to submit the proposal for Cabinet 's 
approval around Q1 or Q2  of next year.  
3) Discussions with the EU and the EFTA in preparation for the resumption could be conducted in 
parallel with our above -mentioned internal process.  
Page 39, Paragraph 2.23  
The Secretariat 's report states,  "On a bilateral level, Thailand continu es trade negotiations with 
Pakistan, Sri Lanka and Turkey. " 
Question  2 
Please explain the status of these negotiations, including the progress made to date and the 
remaining areas.  
Answer  
Thailand -Turkey  
Thailand and Turkey started negotiations for a Free Trade Agreement in 2017. The first phase of the 
agreement negotiations would only cover trade in goods, while investments and trade in services 
will be incorporated into the free trade agreement in the ne xt stage. The 6th round of negotiations 
was held in December 2019, while the next round had to be postponed due to the recent pandemic. 
The on -going negotiations are focusing on Market Access and Rules of origin. Customs Procedures 
and Trade Facilitation a s well as economic cooperation have been concluded where other areas such WT/TPR/M/ 400/Add.1  
 
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 as TBT, SPS, Trade Remedies, and legal issues are in much progress. The conclusion of this FTA is 
expected in 2021.   
Thailand -Pakistan  
Thailand and Pakistan launched FTA negotiations  in 2015 with trade in goods as the first negotiation 
agenda. To date, 9 rounds of negotiations have already been taken place with the conclusion of 
12 chapters out of 13 chapters under the FTA pact. The negotiations have already concluded the 
tariff reduc tion modality. The next negotiation round will be held after Pakistan is ready to exchange 
the offer lists. The two countries aim to sign the FTA pact in 2021.  
Thailand -Sri Lanka  
Thailand and Sri Lanka started negotiations for a comprehensive Free Trade Agreement in 2018 
covering Trade in Goods, Trade in Services, investment and economic cooperation. The 2nd round 
of negotiations was held in September 2018, two months after the kick -off negotiation in July 2018. 
The next round, however, was held bac k by the newly elected Sri Lankan government. The 
negotiations will be resumed once Sri Lanka has a new negotiating committee.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1  Customs procedures, valuation, and requirements  
3.1.1.1  Registration and documentation  
Page 48, Paragraph  3.1 
"the Customs Act B.E. 2560 (2017)… aims to modernize Thailand 's customs law by easing customs 
procedures and bringing more transparency. It reduced incentives and rewards to customs  officers 
and whistle -blowers. " As stated, the Customs Act reduced the maximum awardable allowance for 
customs officers and whistle -blowers to 5 million baht (USD  150,000). However, this still provides a 
significant incentive for bias or wrongdoing.  
Question  3 
Will Thailand consider further  reduction of this maximum reward or its elimination?  
Answer  
The Customs Department would like to address that we have been aware of the justification in the 
customs control process for importers, exporters, and rel evant stakeholders. The studying on 
proportionality and effects of incentives and rewards paid to customs officers and whistle -blowers, 
is ongoing.  
3.1.2  Tariffs  
3.1.2.3  Applied tariff  
Page 54, Paragraph  3.28 
The Secretariat Report notes that, "[a]ccording to Thailand 's Tariff Schedule of 2020, provided by 
the authorities and also notified to the IDB, the applied rates on a number of tariff lines are higher 
than the bound rates.  The authorities indicate that th is is not the case, using as evidence a 2017 
notification from the Ministry of Finance (in Thai only). " 
Question  4 
Please explain what the 2017 notification from the Ministry of Finance states.  WT/TPR/M/ 400/Add.1  
 
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 Question  5 
Please explain how the 2017 notification is evidence that Thailand 's applied tariff rates in 2020 are 
not higher than its WTO bound rates, despite Thailand 's Tariff Schedule of 2020 indicating the 
opposite.  
Question  6 
If any applied tariff rates are higher than Thailand 's WTO bound r ates, please explain how Thailand 
intends to promptly bring them into compliance with the bound rates.  
Answer Q4, Q5, Q6  
Thailand 's applied tariff rates under The Ministry of Finance RE: Exemption Duty, Decreasing and 
Increasing Customs Duty Tariff rate under the obligations of Marrakesh Agreement Establishing The 
World Trade Organization, dated 10 November B.E. 2560 (2017) totally comply with the bound rates 
under WTO, while applied tariff rates under other Notifications besides the said Notificatio n are 
applied to non -WTO members. The exporters/importers from WTO member countries must indicate 
their origin during the customs procedures in order to get the WTO applied tariff rates.  
Additionally, according to the notification, Thailand committed tarif f rates for Barley other than seed 
under the tariff code 1003.90.00 at 27%, for Other cereals under the tariff code 1008.90.00 at 27%, 
for Toothpicks of bamboo under the tariff code 4421.91.60 at 20% and for Toothpicks of wood other 
than bamboo  under the t ariff code 4421.99.80 at 20%, all in ad valorem  rate. When concerned 
products imported from WTO member 's country, the rate as mentioned above will be applied.  
3.1.5  Anti-dumping, countervailing, and safeguard measures  
3.1.5.1  Anti-dumping and countervailing measures  
Page 61, Paragraph  3.4.7  
The Secretariat notes that: "The legislation on anti -dumping and countervailing measures – the 
Anti-Dumping and Countervailing Act, B.E. 2542 (1999) - was amended on 22 May 2019, and the 
amendment came into effect on 18 November 2019. The authorities indicated that they will notify 
the WTO once the translation into English is completed.   
Question  7 
Please provide an update as to when  the legislation will be notified to the appropriate WTO 
committees  
Answer  
Still in the process and will be notified to the WTO when the translation into English is completed.  
3.2 Measures Directly Affecting Exports  
3.2.5  Export finance, insurance, and guarantees  
Page 69, Paragraph  3.83 
The United States notes that the Export -Import Bank of Thailand (EXIM Thailand) takes part in the 
Portfolio Guarantee Scheme (PGS) of the Thai Credit Guarantee Corporation (TCG), a state -owned 
specialized financial institution governed by the Ministry of Finance, that helps Thai exporters and 
entrepreneurs who have funding needs.  WT/TPR/M/ 400/Add.1  
 
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 Question 8  
Please explain whether the PGS has been used to finance the export of Thai agricultural and food 
products.  If so, please notify  this agricultural export credit guarantee program in the WTO Export 
Competition Questionnaire (ECQ).   
Answer  Q8 and Q10  
BAAC provides an export insurance service as EXIM Bank 's agent for BAAC 's exporters to insure 
against non -payment under the contract. BAAC will forward the application from BAAC customer to 
EXIM Bank for its consideration. For forward contract, BAAC provides it with the objective of hedging 
foreign exchange risk to BAAC custom ers. 
Page 70, Paragraph s 3.86 -88 
Question  9 
How does EXIM Thailand establish its terms and conditions for its export credit support (given that 
Thailand is not one of the Participants  to the OECD Arrangement on Officially Supported Export 
Credits)?  
Answer  
The terms and conditions for EXIM Thailand 's credit support depends on internal policy of the Bank 
which takes into account of various factors, such as type of credit, risks involved, current market 
practice, etc.  
Page 70, Paragraph  3.87 
The Secreta riat's report states that EXIM Thailand is the only state -owned financial institution 
providing export credit insurance.  However, the United States notes that the Bank for Agriculture 
and Agricultural Cooperatives (BAAC), a state -owned financial institution governed by the Ministry 
of Finance, also offers Export Insurance and Forward Contract (i.e., foreign exchange risk hedging) 
trade services.  (Source: https://www.baac.or.th/baac_en/content -
product.php?content_group_sub=3&content_group_semi=1 )  
Question 10  
Please explain whether BAAC 's export  insurance and forward contract programs should be notified 
in the WTO Export Competition  Questionna ire (ECQ).  If so, please notify BAAC 's agricultural export 
financing programs in the ECQ.  
Answer  
BAAC provides an export insurance service as EXIM Bank 's agent for BAAC 's exporters to insure 
against non -payment under the contract. BAAC will forward the application from BAAC customer to 
EXIM Bank for its consideration. For forward contract, BAAC provides it with the objective of hedging 
foreign exchange risk to BAAC custom ers. 
3.3.3  Sanitary and phytosanitary requirements  
Page 86, Paragraph  3.155  
According to the Secretariat 's report, "Thailand is an active participant in the WTO Committee on 
Sanitary and Phytosanitary Measures. During the review period, specific trade concerns (STCs) were 
raised against SPS measures maintained by Thailand at the WTO SPS Committee. Thailand reported 
progress and cooperated with trading partners to resolve these STCs, which were raised by: " Brazil 
and the European Union, Japan, Chinese Ta ipei, and the United States.  The United States notes that 
there were two agricultural issues that were mentioned by the WTO Secretariat Report under this WT/TPR/M/ 400/Add.1  
 
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 paragraph, namely import fees related to the approval procedures for live animals and/or animal 
produc ts and agricultural chemicals.   
Question  11 
Please explain how U.S. STCs on Thai SPS measures  were resolved.  
Answer  
Refer to the Ministerial Regulations Prescribing Fees and Exemption of Fees under the Animal 
Epidemic Act, B.E. 2558 (2015), the differences of the fee of importing animal carcasses intended 
for human consumption or animal feed  which is 7 baht/kg while the fee of importing animal carcass 
for any other purposes is 3 baht/kg. The fee of importing animal carcasses for any another purpo ses 
such as salted cattle skin or cow hides will transform into the budget for laboratory collection and 
sampling test of Anthrax disease which caused by Bacillus Anthracis. Anthrax is a serious infectious 
disease affects domestic and wild animals and zoon osis. Anthrax can form a spore and found 
naturally in soil and commonly around the world and usually transmitted from animals. Whereas the 
fee of importing animal carcasses intended for human consumption or animal feed will transform 
into the cost of labor atory test for food safety and quality control purposes such as food -borne 
infection, food poisoning to be ensured that the imported carcasses are safe for human consumption 
and suitable to produce the animal feed.  
Page 86, Paragraph  3.157  
The Secretariat 's report states that all foods must meet, and are monitored for, specific hygiene, 
safety, labelling, marketing, and advertisement requirements.  
Question  12 
Please confirm that the criteria by which food inspectors detain import consignments are based on 
existing criteria and guidelines of international  standard setting bodies, such as OIE, IPPC and Codex 
Alimentarius.  
Answer  
Thai FDA inspects the imported foo d in accordance with guidelines of international standard setting 
bodies, such as guidelines have established by Codex Committee on Food Import and Export 
Inspection and Certification System; CCFICS, Guidelines for Food Import Control Systems 
(CAC/GL  47-2003). The inspection will base on the risk of products, its origin and the history of 
conformance to the regulations under Food Act B.E. 2522 (1979). Whenever the competent officer 
found the imported food do not comply with the law, the consignments will be  quarantined to protect 
consumers ' health.  
Page 87, Paragraph  3.162  
The Secretariat 's report states that imports of meat, chilled or frozen, must have a health certificate 
from the country of origin.  
Questions 13, 14, 15  
Please identify which regulatory body and/or bodies will assess these health certificates.  
Please also provide further information on the criteria for recognizing exporting countries ' health  
certificates (phytosanitary, veterinary, and/or sanitary certifi cates).  For example, will Thailand 
restrict recognition of an exporting  country 's health certificates to those only provided by a federal 
and/or state -level regulatory authority?  
Will Thailand also recognize third -party certification?  WT/TPR/M/ 400/Add.1  
 
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 Answer for Q13 -Q15 
Multiple agencies may have regulatory authority over the products. The DLD is on e of the agency 
having authority over meat, chilled, or frozen.  
Before importation is allowed, the DLD and the government agency of trading partner will make an 
agreement on health certificate. The DLD accepts health certificate only issued by government 
agencies at federal level and state -level.  
Page 88, Paragraph  3.165  
The Secretariat 's report states  that the Ministry of Agriculture and Cooperatives and the National 
Bureau of Agricultural Commodity and Food Standards issued voluntary standards to promote food 
safety in agriculture and aquaculture production.  
Question  16 
Please explain the basis of th ese voluntary standards  and explain how they differ from Codex 
standards.  
Answer  
There are two categories of the voluntary standards, food and non -food. In case of food standards, 
the requirements are based on Codex standards which chiefly consider food sa fety. 
Page 88, Paragraph  3.166  
According to the Secretariat 's report, "Applications for open field trials and commercial cultivation of 
genetically modified (GM) products must be submitted to the MOAC. The Department of Agriculture 
will then conduct a biosecurity risk evaluation to consider the risk management control measures. 
Based on the risk evaluation, the MOAC conducts a public hearing before approvals are granted by 
the Minister. The authorities indicated that, so far, three applications have bee n approved. "  
Question  17 
Please provide more details about the three application approvals, specifically which products were 
approved (e.g., corn, soy, etc.), the developer/ applicant  of the products, the type of application 
approval (e.g., confined field trial, commercialization, etc.), and which authority granted the 
approval.  
Answer  
The Ministry of Agriculture and Cooperatives had granted permission for the field trials of GM plants  
in Thailand including Flavr Savr tomato in 1994, Bt cotton in 1995, Bt corn in 1997. However, due 
to pressure from NGOs, the decision of the Cabinet ministers on 3 April 2001 was to suspend all 
field-testing of transgenic plants in Thailand.  
Question  18 
Please clarify if there is a process to supplement application information in the case that the original 
application is found to contain incomplete or inaccurate information.  Would there also be a 
mechanism for the Subject to consult with Thailand's regulators prior to submitting a dossier to 
ensure that the dossier contains all of the information Thailand will require for that application?  
Answer  
DOA has a process of requesting permission to import and conduct experiment with genetically 
modified crops under Plant Quarantine Act. The guide book has process of submitting and requesting 
a dossier from applicant.  WT/TPR/M/ 400/Add.1  
 
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 Question  19 
Please clarify if additional laboratory testing would  be required in instances when a scientific 
explanatio n could be sufficient to resolve a question.  
Answer  
Thailand has laboratory testing (accredited ISO/IEC17025) to test and certify import and export 
products. In the case of import prohibitions on seeds, the DOA will take samples and send to DOA 
laboratory for analysis.  
Question  20 
Are the procedures for receiving a written denial and appeals specified?  Would Thailand also please 
confirm that a denial will be accompanied with an explanation for the rejection so that the developer 
can understand th e basis for the decision?  
Answer  
In the case of denial, it must have an explanation for rejection.  
Question  21 
Please clarify if an applicant will have the opportunity  to re-apply if it is able to address any 
deficiencies in the previous application.  
Answer  
The government authority will inform the applicant concerning the process.  
Page 88, Paragraph  3.166  
The Secretariat 's report references the procedure for submitting genetically modified (GM) products; 
however, GM plants for cultivation appear to escape the Thailand 4.0 preference for efficient 
'e-approval ' of applications.  The report indicates the Minister of Agriculture must approve any 
application and that only thre e have been approved.   
Question  22 
Please identify the three approvals and summarize  the characteristics that ultimately led to their 
approvals.  
Question  23 
Furthermore, please disclose the total number of applications received to date.  
Answer  Q22-Q23 
Regarding genetically engineered (GE) plants for cultivation, Thailand allows the importation of 
GE soybeans, and corn grain for processed foods, feed, and industrial use. Four government 
agencies are involved in the approval of agricultural biotechnology as follows:  
Ministry of National Resources and Environment (MONRE)  
- Ministry of Agriculture and Cooperative (MOAC), Department of Agriculture (DOA), 
Departme nt of Fisheries (DOF), Department of Livestock Development (DLD), National 
Bureau of Agricultural Commodity and Food Standards (ACFS)  
- Ministry of Public Health (MOPH), Food and Drug Administration (FDA)  WT/TPR/M/ 400/Add.1  
 
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 - Ministry of Higher Education, Science, Research and I nnovation (MHESI), National 
Center for Genetic Engineering and Biotechnology (BIOTEC) . 
Applications for open field trials and commercial cultivation of genetically modified (GM) products 
must be submitted to the MOAC. GM plants are under the responsibility  of the DOA and GM fishes 
are under the responsibility of the DOF which conduct by using the biosafety guideline and risk 
assessment to consider the risk management control measures. Based on the risk assessment, the 
DOA, MOAC conducts public hearings and approved the proposed control measures before 
submission to the cabinet ministers for granting approval by the Minister. Currently, Thailand has 
not approved any commercialization of GM crops for cultivation. The status of national regulation, 
MONRE has dr afted the Biodiversity Act, which is ongoing to establish as national legislation for 
LMOs  regulation.  
In 2015, Thailand Issued the DOA notification and order relating to field trial as follows : 
1) Notification of the Department of Agriculture on Regulato ry Measures for Risk 
assessment of Genetically Modified Plants in Government Experimental Plot. B.E. 2558 
(2015)  
2) Order of the Department of Agriculture Regarding the formulation of rules and methods 
of field trial of genetically modified plants in the g overnment experimental plot by public 
hearing . 
3.3.5  Government procurement  
3.3.5.2  Legislation, general policies and institutional arrangements  
Page 92, Paragraph  3.186  
The Secretariat Report states  that Thailand "does not allow direct cross-border participation of 
foreign suppliers in its government procurement contracts. " 
Question  24 
Does Thailand have any plans  in progress to open competition to foreign suppliers?  
Answer  
The Public Procurement and Supplies Administration Act B.E. 2560 (2017) does not mention about 
direct cross -border participation of foreign suppliers. It depends on the requirement of procuring 
entities whether to procure products from overseas suppliers. Foreign suppliers that would like to 
participate in governme nt procurement have to register in procurement system by submitting 
registration form in -person at the Comptroller General 's Department. In term of international 
procurement, Regulation of Ministry of Finance on public procurement and supplies administrati on 
B.E. 2560 (2017), Clause 60 explained that : 
1) The state agencies provide a draft of scope of work or specifications of supplies or 
construction plan to be procured.  
2) Provision of procurement documents for the international price tender method and 
solicitat ion notifications shall be at the discretion of the head of State agency whether 
to be in the Thai or English language.  
3) The publication of notifications or procurement documents shall be published for at least 
30 consecutive business days.  
Regarding to doi ng business in Thailand, foreign suppliers have to follow Foreign Business Act, 
B.E. 2542 (1999).  WT/TPR/M/ 400/Add.1  
 
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 3.3.6  Competition policy and price regulation  
3.3.6.4  Price regulation and control  
Page 101, Paragraph  3.216  
The Secretariat 's report states that "the Central Commission on Prices of Goods and Services (CCP) 
maintains two types of lists: one list contains goods and services under price monitoring 
(Table  3.26), and the other contains goods and services subject to price control (Table 3.27). Both 
lists are  updated regularly. " 
Question  25 
Please explain how agricultural producers benefit from the commodities subject to price controls 
where "purchasers cannot purchase at the prices  not lower than the fixed prices " as noted under 
part 1 of Section 25, of the P rice of Goods and Services Act, B.E. 2542 (1999).  
Answer  
Currently, agricultural products are listed as "Controlled Goods" but Thailand does not impose any 
price control measure on them pursuant to Part 1 of Section 25 of the Price of Goods and Services 
Act B.E. 2542 (1999).  
The "controlled goods or services " list is intended to enable the CCP to determine appropriate 
regulatory measures efficiently and timely.  
Page 103, Paragraph s 3.217 -219 (includes Table 3.27)  
Thailand requires private hospitals to notify price adjustments for medicines to the Department of  
Internal Trade every 15 days.  
Question  26 
What is the process and criteria to add medicines  to the price control list?  Will industry and foreign 
government stakeholders have an opportunity to weigh in on such a process?  
Answer  
Private hospitals in Thailand are not required to notify price adjustments for medicines every 
15 days. Current measures being imposed are to require private hospitals, manufacturers, 
importers, and distributors to notify prices of medicines to the Department of Internal Trade  (DIT) 
in order to publish the selling prices of each private hospital through the DIT 's website. Private 
hospitals are also required to show a QR code at any clearly visible areas in order for patients to 
easily access the pricing information. Moreover, t hey are required to notify adjustments of the prices 
of medicines, medical supplies for medical treatments and medical services to DIT 15 days in 
advance of the adjustment.  
The reason why medicine is listed as a "Controlled Good " is that there had been a n umber of 
complaints on unfairly high prices of medicines and medical services. Therefore, it is necessary to 
prescribe medicines, medical supplies for medical treatments and medical services to be listed as 
"controlled goods and services. " The measures req uiring private hospitals to clearly report prices of 
medicines, medical supplies for medical treatments and medical services with transparency allow 
consumers to know prices and make informed decisions in purchasing goods and services.  WT/TPR/M/ 400/Add.1  
 
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 3.3.7  Intellectual p roperty rights (IPRs)  
3.3.7.5  Patents  
Page 108, Paragraph  3.243  
Question  27 
What is the process and criteria to grant a compulsory license for a patent?  
Question  28 
When the license expires, how is the decision made to extend it, and who makes that decision?   
Questio n 29 
What is the process for notifying and seeking authorization from the patent holder prior to issuing 
the license?   
Question  30 
What are the criteria for determining the appropriate  remuneration for the patent holder, and who 
makes that determination?   
Answer for Q 27-Q30  
In order to carry out any service for public consumption or which is of vital importance to the defense 
of the country or for the preservation or realization of nat ural resources or the environment or to 
prevent or relieve a severe shortage of food, drugs or other consumption items or for any other 
public service, any ministry, bureau or department of the government may, by themselves or 
through others, exercise any right under Section 36 (patentee 's rights) by paying a royalty to the 
patentee or his exclusive licensee and shall notify the patentee in writing without delay. In the said 
circumstances, the ministry or bureau or department shall submit its offer setting forth the amount 
of remuneration and conditions for the exploitation to the Director -General of the Department of 
Intellectual Property. The royalty rate shall be as agreed upon by the ministry or bureau or 
department and the patentee or his licensee. (Art icle 51 of the Patent Act)  
During a state of war or emergency, the Prime Minister, with the approval of the Cabinet, shall have 
the power to issue an order to exercise any right under any patent necessary for the defense and 
security of the country by pay ing a fair remuneration to the patentee and shall notify the patentee 
in writing without delay. The patentee may appeal the order or the amount of remuneration to the 
court within sixty days from the receipt of the order.  (Section 52 of the Patent Act)  
It shall be noted that the scope and duration of the compulsory license shall not be more than 
necessary under the said circumstances and aimed predominantly for the supply of the domestic 
market. The remuneration fixed shall also be adequate for the circumst ances of the case.  (Section  50 
of the Patent Act).  
3.3.7.6  Trademarks  
Page 108, Paragraph  3.244  
The DIP introduced trademark forms designed for the electronic filing process and increased the 
number of trademark examiners (from 20 in 2014 to 36 in 2018) and improved their training to 
streamline the examination process.  Despite these improvements, in 2019, the average time taken 
to register a trademark was around 16 -18 months (without opposition or appeal).  WT/TPR/M/ 400/Add.1  
 
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 Question  31 
How does the DIP intend to imp rove pendency?  For example, does the DIP intend to improve its 
technological capacity or hire additional trademark  examiners?  
Answer  
The DIP has adopted the e -Filing system since 2018 and is in the process of further improving its IT 
system for the management of trademark registration. In addition, the DIP has recently set up a 
Working Group to manage the quality of trademark examinatio n. The Working Group is currently in 
the process of revising the "Guidelines on the Trademark Examination " which is expected to further 
enhance the efficiency of the registration process.  
Question  32 
It is unclear, based on the Secretariat Report and the Thai Government Report, how many trademark 
examiners currently work for the DIP. How many trademark examiners currently work for the DIP 
and are actively reviewing trademark applications?  
Answer  
At present, there are 34 trademark examiners actively reviewing trademark applications.  
4.5.2  Communications  
4.5.2.1  Telecommunications  
Page 145, Paragraph  4.138  
As detailed in the paragraph, Thai law allows foreign equity up to 49 % in Type I and II licenses,  and 
imposes no equity limitation on Type I services.  This constitutes an improvement on the 20 % foreign 
equity cap listed in Thailand 's provisional 1997 WTO commitments.  However, Thailand has not 
revised its WTO General Agreement on Trade in Services (GATS) schedule, as it committed to do, 
to reflect these higher foreign -equity limits and its adoption of pro -competitive regulatory measures 
(e.g., mandatory interconnection) .  
Question  33 
When will Thailand introduce into its GATS schedules these improvements, as it committed to do?  
Answer  
Thailand is in the process of internal consultation to revise its telecommunications commitments of 
Uruguay round to be consistent with Te lecommunications Act ". Currently, Thailand is in a public 
hearing stage, and the results of public hearing will be presented to the cabinet and parliament for 
approval. The further step after the approval, Thailand will proceed to the notification process.  
Thailand expects to submit the revised schedule of commitment to WTO by 2021.  WT/TPR/M/ 400/Add.1  
 
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 4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.3  Agricultural policies  
4.1.3.1  Legal, institutional, and policy framework  
Page 115, Paragraph  4.10 
Regarding agricultural policies, the Secretariat Report suggests that Ministry of Agriculture and 
Cooperatives (MOAC) promotes alternative and integrated agriculture, as well as "replacing 
chemicals by organic substances to promote food safety. "  
Question  34 
Please explain how Thailand plans to provide  alternative crop protection tools, and/or provide risk 
assessments relating to maximum residue limits (MRLs) and food safety.  
Answer  
The Department of Agriculture, Thailand will provide alternative crop protection tools through the 
harmonization of the us e of crop protection products, Integrated Pest Management (IPM), and Good 
Agricultural Practice (GAP) for the higher quality and yields parallel with food safety standards.  
Question 35  
The same paragraph continues to suggest "implementing agricultural poli cies…reducing production 
costs… " 
Please explain how removing access to crop protection tools, use of which is supported by 
international standards, and cutting costs is consistent  with implementing agricultural policies that 
reduce production costs.  
Answer  
The Thai government encourages farmers to  adopt the Integrated Pest Management (IPM), which 
is an effective and environmental sensitive approach to control and eradicate crop pest and diseases. 
Moreover, there are also is the Integrated Farming Syst em (IFS) programs which is an approach  that 
integrates  natural resource management and livelihood diversification to stabilize farmer 's income, 
aiming at promoting farmers to reduce the use of the chemicals and encourage the use  of locally 
available  altern ative crop protection tools, such as  biocontrol agents and bioextracts  in order to 
reduce production cost.  
4.2.3.3  Domestic support  
Page 125, Paragraph s 4.51 -4.52, and Table 3.19 on Page 81  
Question  36 
Concerning support for fishermen and vessel owners affected by measures to combat IUU fishing: 
are these payments a one -time outlay , or a recurring set of payments for a particular stretch of 
time, or as part of a permanent program?  
Answer  
The compensatio n scheme has conditions in payment as follows:  
The first installment of compensation will be paid 30 % of appraised value when the owner of a vessel 
executed a vessel demolition contract with the Provincial Fisheries Office and agreed by the Working WT/TPR/M/ 400/Add.1  
 
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 Group o n vessel buy -back and compensation scheme. The last installment of compensation will be 
paid 70 % of appraised value after the owner of a vessel had finished vessel demolition 's process 
and agreed by the Working Group. Breach of contract within a specified time will fail to receive the 
last installment and shall have to return 30 % of first installment to the Department of Fisheries.  
Question  37 
Concerning the payments to artisanal  fishing communities, what are the eligibility criteria for 
individual fishers ' receipt of payments?  
Answer  
The payment is transferred to the account of local fishing community organizations registered with 
the Department of Fisheries only, not into the pe rsonal bank account.  
4.4 Manufacturing  
Pages 134 -135, Paragraph s 4.85 -89 
Action Plan for Industrial Development.  
Question s 38 and 39  
Under the Action Plan for Industrial Development , how will information be gathered about targeted 
subsectors? What process will be used to develop Action Plans?  
Will industry and foreign government stakeholders  have opportunities to raise issues, comment on 
proposed plans, and otherwise participate in the development process?  
Answer  Q38, Q39  
The Ministry of Industry has formulated the "20-year strategy for the development of the Thai 
Industry 4.0 " as a framework for the Thai industry development to drive the country 's economy for 
stable and sustainable growth. These strategies are in line with the 20 -year National Strategy and 
the concept of Thailand 4.0 model by transforming the traditional labour -intensive to a 
knowledge -based and high value -added innovation economy. These 20 -year strategy was approved 
by the Strategy Committee called SPRING Board which consists of the Minister of Industry as well 
as senior executives and industry experts from gov ernment and private sectors. Afterwards, the 
Ministry of Industry has translated this strategy into the Action Plan on Industrial Development (2018 
– 2040) under the vision "Towards an industry that is empowered by intelligence and connected to 
the world e conomy " in order to support and fulfill the 20 -year National Strategy (2018 – 2037) and 
the 12th National Economic and Social Development Plan (2017 – 2021).  
QUESTIONS REGARDING THE REPORT BY THE GOVERNMENT - WT/TPR/G/400  
3 ECONOMIC AND TRADE POLICY DEVELOPMENT, 2015 -19 
3.1 National Policies towards Structural Reform  
Page 6, Paragraph 3.6  
S-Curve & New S -Curve Industries  
Question  40 
Which specific subsectors are targeted  under biotechnology and "medical and comprehensive 
healthcare "?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The scope of biotechnology and medical and comprehensive healthcare should be broad for the new 
development in the future. Interested investors can submit application with details to Thailand Board 
of Investment for consideration.  
Question  41 
How will decision s be made on which subsectors will be targeted under these different iterations of 
industrial development?  
Answer  
The scope of biotechnology and medical and comprehensive healthcare should be broad for the new 
development in the future. Investors can submi t application with details to Thailand Board of 
Investment for consideration.  
Question  42 
What incentives will be made available to promote biotechnology and "medical and comprehensive 
healthcare ", and do multinational companies  have an opportunity to take  advantage of these 
incentives?  If so, how can multinational companies apply for them?  
Answer  
Incentives include both tax and non -tax incentives. Thailand Board of Investment 's investment 
promotion scheme is on non -discriminatory basis. MNCs can apply for BOI promotion by contacting 
BOI. For more detail, please visit our website at www.boi.go.th.  
Section 3.1.2, Trade and Business Facilitation  
Pages 8 -9, Paragraph 3.21  
Regulatory Guillotine  
Question  43 
Can industry and/or foreign government stakeholders  make recommendations on regulations that 
should be reviewed by the Thai government under the "regulatory guillotine "? 
Answer  
Production costs for the farmers in Thailand mostly subsidized by the government for the overall 
food chain such as GAP -registrati on, Agricultural Produce Insurance.  
Section 3.1.3, Bio -Circular -Green (BCG) Economy  
Page 9, Paragraph s 3.22 -24 
Medical and Healthcare as part of BCG Economy Initiative  
Question  44 
Under the Bio -Circular -Green (BCG) initiative, how will the Thai government make decisions on which 
areas of the targeted industries will receive government support (both subsidies and research & 
development)?  WT/TPR/M/ 400/Add.1  
 
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 Answer  
The Ministry of Finance will support v arious measures according to the BCG economy development 
strategies led by the Ministry of Higher Education, Science, Research and Innovation. The 
government is ready to listen to recommendation from all stakeholders on initiative that will drive 
forward B CG in Thailand.  
Question  45 
Will industry and foreign government stakeholders  have opportunities to make recommendations on 
areas which should receive support under this program?  
Answer  
The Ministry of Finance will support various measures according to the  BCG economy development 
strategies led by the Ministry of Higher Education, Science, Research and Innovation. The 
government is ready to listen to recommendation from all stakeholders on initiative that will drive 
forward BCG in Thailand.  
Section 3.2.4, Industry  
Pages 14 -15, Paragraphs 3.40 -42 
Action Plan on Industrial Development (APID)  
Question  46 
Under the Action Plan for Industrial Development , how will information be gathered about targeted 
subsectors? What process will be used to develop Action Plans?  
Question  47 
Will industry and foreign government stakeholders  have opportunities to raise issues, comment on 
proposed plans, and otherwise par ticipate in the development process?  
Answer Q46, Q47  
The Ministry of Industry has formulated the "20 -year strategy for the development of the Thai 
Industry 4.0" as a framework for the Thai industry development to drive the country 's economy for 
stable and sustainable growth. These strategies are in line with the 20 -year National Strategy and 
the concept of Thailand 4.0 model by transforming the traditional labor -intensive to a 
knowledge -based and high value -added innovation economy. These 20 -year strategy was approved 
by the Strategy Committee called SPRING Board which consists of the Minister of Industry as well 
as senior executives and industry experts from government and private sectors. Afterwards, the 
Ministry of Industry has translated this strategy into the Action Plan on Industrial Development 
(2018  – 2040) under the vision "Towards an industry that is empowered by intelligence and 
connected to the world economy" in order to support and fulfill the 20 -year National Strategy 
(2018  - 2037) an d the 12th National Economic and Social Development Plan (2017 – 2021).  
3.2.6  Intellectual Property  
Page 20, Paragraph  3.74 
According to the Government Report, Thailand is in the process of amending the Patent Act B.E.  2522 
(1979), which covers both the p atent section and the industrial design section.  For the patent 
section, the amendment focuses on streamlining the patent registration procedures, complying with 
the Protocol Amending the TRIPS Agreement and addressing the formality of applications for patents 
related to genetic resources and traditional knowledge.  WT/TPR/M/ 400/Add.1  
 
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 Question  48 
When is the amendment to the Patent Act expected  to become effective, and what steps have to be 
taken to ratify the amendment?  
Answer  
The Department of Intellectu al Property made the draft amendment of the Patent Act available for 
public comments during 30 September - 31 October 2020. After this, the Department of Intellectual 
Property plans to submit the draft amendment to the Cabinet by the end of 2020.  
Question  49 
New patent examination guidelines have also been issued; please explain the effect of these 
guidelines on the patentability determination  for patent applications, in particular with respect to 
inventions in the pharmaceutical field.  
Answer  
The guideline s have been used by patent examiners to ensure the standards of examination including 
the patentability that have to be in line with the Patent Act and the relevant rules and regulations. 
The guidelines have helped patent examiners in all filed of inventio ns including pharmaceutical by 
providing clear and consistent explanations and examples with which they can consult.  
Question  50 
Please explain how the compulsory licensing provisions in the amendment to the Patent Act are 
consistent with the TRIPS Agreeme nt, including, in particular , Article 31 and 31bis.  
Answer  
The amendment to the compulsory licensing provisions adds the provision regarding export of 
pharmaceutical products to comply with the Protocol Amending the TRIPS Agreement.  
Question  51 
Please describe the new disclosure requirement for genetic resources and traditional knowledge in 
the amended Patent Act.  Will enforcement  of this disclosure requirement affect patentability 
determinations?  What are the consequences if an applicant fails t o comply with the disclosure 
requirement?  
Answer  
The disclosure requirement for genetic resources and traditional knowledge in the draft amendment 
of the Patent Act does not affect patentability. Failing to comply with the disclosure requirement 
may result  in a possible liability.  
Page 20, Paragraph  3.78 
The DIP recruited 20 trademark examiners during 2016 -18 to facilitate the registration process.  
Question  52 
Has DIP hired additional trademark examiners between 2018 -2020?  If so, how many?   
Question  53 
How has the hiring of additional trademark examiners  affected the trademark examination backlog 
in Thailand?  WT/TPR/M/ 400/Add.1  
 
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 Answer Q 52-Q53 
Trademark examiners have not been added during 2018 -2020.  The situation of trademark backlog 
has been slightly better over the past years. It is noted that despite the increase of trademark 
examiners during 2016 -2018, a number of trademark applications particularly via the Madrid system 
have also increased since the Madrid Protocol entered into force in Thailand on  7 November 2017.  
__________