The application period for very small power producers (VSPPs) aiming to participate in the community power plant project is fast drawing to a close, with the deadline set for February 4, 2021. February 4 is also the closing date of the period for public comments on the two draft regulations outlining the pilot project to procure electricity from community power plants. These draft regulations are being finalized by the Energy Regulation Commission (ERC)  as part of an effort to boost the economy at a grassroots level. The community power plant project will procure 150 MW from VSPPs producing electricity from either biomass or biogas. 75 MW will be obtained from biomass VSPPs, with a limit of 6 MW to each biomass VSPP, while 75 MW of the electricity procurement will be obtained from biogas VSPPs with a limit of 3 MW each. VSPPs wishing to apply for the community power plant project must be 90%-owned by a private company, while 10% of ownership must be under a community enterprise or community enterprise network—consisting of at least 200 households—registered with the Department of Agricultural Extension. Furthermore, the fuel used by the VSPP must be either biogas or biomass obtained from the community enterprise or community enterprise network, and must not include fossil fuels. Once VSPPs have submitted their applications, they will be subject to a technical assessment to determine power production readiness, and will undergo a process of competitive bidding. VSPPs will be compared and selected based on a number of factors, including power production capacity, ability to operate for duration of the 20-year project, and the proposed fixed feed-in tariff (FiT). VSPPs that are chosen to participate in this pilot project will be subject to the following FiTs per unit of electricity, based on the type of fuel and production level: Biomass VSPPs providing less

On February 1, 2021, through Thailand’s Ministry of Digital Economy and Society, the Office of Personal Data Protection Commission announced that it will arrange public hearing sessions for the first set of subordinate regulations under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). Subordinate regulations on the following topics will be covered during the consultations: Consent Privacy notices Responsibilities of data controllers Cross-border data transfers Data protection officers Security measures Compliance processes Sensitive personal data It is anticipated that the draft subordinate regulations will be circulated (in Thai) to registered attendees ahead of the sessions. Participation by video conferencing will be available. In addition, at the First ASEAN Digital Ministers’ Meeting on January 21 and 22, 2021, the ASEAN Data Management Framework (DMF) and the Model Contractual Clauses for Cross Border Data Flows (MCCs) were approved in order to promote the secure free flow of data between ASEAN countries, including Thailand. The development of the Thai PDPA is expected to factor into these DMF and MCC initiatives, potentially allowing businesses in Thailand to transfer data between neighboring countries within the region, in addition to the permitted transfer between countries whitelisted under the European General Data Protection Regulation (GDPR). These initiatives were led by the Singapore Personal Data Protection Commission, and more details are expected in due course. Prior to the PDPA effective date on June 1, 2021, substantial further developments are expected to give further clarification and guidance for businesses, and to ease their compliance concerns. For more information on this development, or any other aspect of data protection in Thailand, please contact Tilleke & Gibbins’ data protection team led by Athistha (Nop) Chitranukroh ([email protected]).

The latest edition of Practical Law’s Life Sciences Global Guide features contributions from Tilleke & Gibbins attorneys in the firm’s Yangon office. One of the sections they have provided for the Myanmar chapter of this Q&A-style guide to life sciences regulatory frameworks worldwide is “Medicinal Product Regulation and Product Liability in Myanmar.” The section includes discussion of a range of regulatory issues related to the marketing and selling of pharmaceutical products, including the following topics: Regulatory overview: Authorities, scope, and general procedures for pharmaceuticals, biologicals, and medical devices and health care IT Pricing, government funding, and reimbursement: National health care system, price regulation, and reimbursement Clinical trials Manufacturing and distribution Marketing: Authorization for marketing medicinal products, parallel imports and cross-border trade in medicines Restrictions on dealings with health care professionals Selling restrictions Advertising and promotion Data privacy Packaging, labeling, and tracking Product safety, quality, and liability Local establishment, representation, and residency requirements Reform The full “Medicinal Product Regulation and Product Liability in Myanmar” section can be accessed on the Practical Law website. Practical Law, produced by Thomson Reuters, is the world’s leading legal know-how resource for business lawyers, publishing a huge range of guides covering hundreds of jurisdictions and practice areas. Tilleke & Gibbins also supplied “Pharmaceutical IP and Competition Law in Myanmar,” which was published in the Life Sciences Global Guide  at the same time.

Attorneys from Tilleke & Gibbins in Myanmar have contributed to the latest edition of Practical Law’s online Life Sciences Global Guide. The guide is a Q&A-style overview of the regulatory frameworks for the life sciences industry across multiple jurisdictions worldwide, and this year the Myanmar chapter includes two sections, one of which is “Pharmaceutical IP and Competition Law in Myanmar.” This section runs through the country’s legal and regulatory environment for patents and trademarks—particularly as they relate to pharmaceutical business in the jurisdiction. The section then turns to IP and competition law issues, with questions and answers focusing on how the country’s competition laws and regulations affect the pharmaceutical sector. Readers are also given information on how to properly comply with Myanmar law on competition, including when it comes to licensing of medicines and pharmaceutical technology. The full Pharmaceutical Intellectual Property and Competition Law in Myanmar guide can be accessed on the Practical Law website. Practical Law, produced by Thomson Reuters, is the world’s leading legal know-how resource for business lawyers, publishing a huge range of guides covering hundreds of jurisdictions and practice areas. Tilleke & Gibbins also supplied the “Medicinal Product Regulation and Product Liability in Myanmar,” which Practical Law published in its Life Sciences Global Guide  at the same time.

The liberalization of Myanmar’s insurance industry continues apace as the IBRB invites further expressions of interest for life and non-life insurance business licenses.

Members of Tilleke & Gibbins’ technology team contributed the Vietnam chapter of the recently published Data Protection Laws of the World (10th Edition), a widely consulted handbook to privacy and data protection laws across more than 100 different jurisdictions.

On January 26, 2021, the Central Bank of Myanmar (CBM) published Notification 1/2021 in relation to non-banking financial institutions (NBFIs). This notification, which took immediate effect and has far-reaching implications for NBFI operations in Myanmar, applies to NBFIs wishing to conduct finance company business, leasing business, or factoring business, which are defined in the Financial Institutions Law (2016) (FIL) as follows: Finance company business is “business engaging primarily in financing the purchase of goods or services with funding other than deposits from the public.” Interest would be charged on such finance. Leasing business is “the business of letting or sub-letting movable property on hire, regardless whether the letting is with or without an option to purchase the property.” An obvious example would be vehicle leasing. Factoring business is “the business of financing accounts receivables.” This is when a business sells its accounts receivable at a discount. The key provisions of the notification are summarized below. NBFI Registration To conduct any of the above businesses, an individual or company must apply for a registration certificate from the CBM by submitting the documents specified in the notification. The registration certificate may come with terms and conditions prescribed by the CBM on a case-by-case basis. It seems likely that these terms and conditions could include minimum capital requirements, but this remains to be seen. Trading as an NBFI without a CBM certificate is punishable by two to five years imprisonment and a fine of MMK 500 million (approx. USD 375,000). NBFI Certificate Revocation The CBM has extensive powers to revoke the NBFI certificate in certain circumstances, including failure to comply with the terms and conditions of the registration certificate; conducting non-NBFI business; conducting business in a manner detrimental to the interests of consumers; failure to comply with anti-money laundering or counter terrorism laws and regulations; and so on. Prohibition on Deposit Acceptance The

In 2019, Thailand introduced an online system for payment of stamp duty (e-Stamp Duty) and a requirement for e-Stamp Duty to be paid on the following five instruments when executed electronically (e-Instruments): hire of work service instrument; loan instrument or bank overdraft instrument; powers of attorney (POA); proxy letters for voting at company meetings; and guarantee instrument. However, given the strict financial penalties on those who fail to pay stamp duty, the government implemented a grace period until December 31, 2020, to allow people to become familiar with the e-Stamp Duty system before the requirement is strictly enforced. During the grace period, taxpayers could pay stamp duty for the five e-Instruments at an area revenue office, rather than via the e-Stamp Duty system, and could also pay stamp duty for traditional paper versions of those five instruments through the e-Stamp Duty system. On January 19, 2021, the Revenue Department issued Notifications of the Director-General of Revenue Re: Stamp Duty (Nos. 61 and 62) B.E. 2564 (2021) further extending that grace period until December 31, 2021. The following table summarizes the revised methods of stamp duty payments available for the five instrument categories mentioned above under the new notifications. The e-Stamp Duty system allows taxpayers to pay stamp duty online by filing the prescribed form (Form Or.Sor.9) through (i) the website of the Revenue Department (www.rd.go.th), or (ii) the Application Programming Interface (API) of the Revenue Department before or within 15 days from the date of instrument execution. Taxpayers can currently file a request to pay for e-Stamp Duty no earlier than 30 days before the date of instrument execution. Taxpayers should note that the e-Stamp Duty system does not currently support late payment. Therefore, late filing and stamp duty payments will have to be made at an area revenue office. For more information about stamp duty, or any aspect of tax