The US-Thai Treaty of Amity grants American citizens protections not available to nationals of other nations. Most significantly, companies with American majority ownership are granted “National Treatment.”
This means that they receive the same benefits as Thai companies. It also protects them from punishments under Thailand’s Customs Department’s arbitrary value-adding system.
Business visas
Business visas are a great way for foreign investors to exploit investment opportunities in the US. The business visa program is designed to attract talented entrepreneurs who are eager to boost the economy and boost innovation in the United States. The visa is valid for a period of three years and can be extended twice. There are four types of business visas available. The visas are divided into different categories depending on the type of industry and the amount invested.
US citizens and businesses that wish to invest in certain sectors of the Thai economy may apply for protection under the Treaty of Amity. These entities must submit documentation from the U.S. Commercial Service indicating that a majority of shareholders or partners are American citizens and the entity intends to engage in a specified type of business activity. However, these companies are still subject to the Foreign Business License and will be scrutinized more closely than Thai majority companies.
Foreign business certificates
The Treaty of Amity and Economic Relations allows American citizens and companies to establish a business in Thailand and receive protection under Thai law. The company can engage in a wide variety of business activities unless restricted by more specific laws and regulations. The company must also obtain a Foreign Business Certificate or investment promotion from the Ministry of Commerce.
Evidence must be provided that a majority of natural persons and shareholders or partners in the company are American citizens. An affidavit listing the names and nationalities of the directors may be required. The company must submit the documents to the US Commercial Service at the Embassy in Bangkok for certification.
An Amity Treaty company can benefit from a number of tax exemptions in Thailand. However, the company is still subject to local government rules and regulations. This may result in increased paperwork and a longer registration process. It is also important to note that the US-Thai treaty does not protect companies from prosecution for breaking local rules.
Exemption from Thai business regulations
Despite restrictions under the Foreign Business Act, US investors still enjoy significant investment benefits in Thailand. These benefits include personal and corporate income tax (CIT) exemptions. However, investors should be cautious of investing in sectors that are susceptible to a government takeover. In recent years, a number of large public-private projects have been subject to international arbitration awards in favor of investors. In one such case, a Thai court upheld an award to Walter Bau AG of Germany regarding the construction of the Don Muang tollway.
Under the US-Thai Treaty of Amity, American companies can maintain a majority shareholding or wholly own their company, branch office, or representative office located in Thailand. These companies also receive national treatment and are exempt from most FBA restrictions on foreign ownership.
To qualify for protection under the US-Thai Treaty of amity, a company must be incorporated in the United States or Thailand and have authorized American directors. The U.S. Commercial Department must certify that the company meets this requirement.
Migrant workers
The US – Thailand Treaty of Amity allows American citizens and companies to own a majority share of a company in Thailand. They can engage in business on the same basis as Thai companies and receive national treatment. However, there are some drawbacks to this treaty. The legal team at Plizz can go over these with you in more detail.
The Thai labor shortage has resulted in a surge in the number of migrant workers, with 2.5 million officially registered migrants and an estimated 2 million unregistered ones. This has increased the risk of them being cheated or exploited by employers, brokers, or traffickers.
The US-Thai Amity Treaty of Amity is a special economic bond between the two countries that gives significant benefits and privileges to businesses and individuals who wish to establish themselves in Thailand. However, it has been under scrutiny from the World Trade Organization, which recently issued a ruling stating that Thailand is violating its obligations to treat investments from all WTO member nations equally.