It is common for Thai Customs Department officials to audit companies that import or export goods. The audits are generally random, and they almost always include a surprise inspection. Importers are rarely informed in advance by customs officials.During a customs audit, importers or exporters (companies) that deal in highly regulated products, such as chemicals and other raw materials, may be subject to increased scrutiny. The audits are conducted to ensure that the companies are complying with Thai law, and they are not necessarily indicative of suspected wrongdoing.

Cambodia continues to improve its climate for foreign investment. On June 5, 2015, Cambodia implemented the Madrid Protocol. On January 20, 2015, Cambodia’s Ministry of Industry and Handicrafts (MIH) entered into a Memorandum of Understanding on the Cooperation in Industrial Property with the Intellectual Property Office of Singapore (IPOS). The MOU now makes it possible for holders of Singapore patents and designs to obtain protection in Cambodia under a streamlined re-registration process.

In an effort to reduce excessive bureaucratic procedures for obtaining registrations or licenses, Thailand has recently enacted a new law called the Licensing Facilitation Act BE 2558 (2015), which came into effect on July 21, 2015. The act requires government authorities to prepare a “public manual.”

In 2008, amendments to the Civil and Commercial Code (CCC) reduced the minimum number of shareholders required to incorporate a limited company to three from seven. This change seemed to encourage new business registration, as the number of newly incorporated juristic persons in Thailand has increased at an average rate of 8 percent per year since then, except for 2009 and 2014.

New amendments to Thailand’s Cosmetics Act aim to update the decades-old law and harmonize the country’s cosmetics control system with the systems of other ASEAN countries.

On June 26, 2015, the Ministry of Science and Technology (MOST) issued Circular No. 11/2015/TT-BKHCN providing guidance on the implementation of Government Decree No. 99/2013/ND-CP dated August 29, 2013 on administrative sanctions in industrial property. The new circular took effect on August 11, 2015. Because administrative measures play a very important role in the enforcement of IP rights in Vietnam, Circular 11 was eagerly awaited as it would provide a replacement for Circular No.

Fraud, which is both a civil and criminal wrong, involves a deliberate deception to secure an unfair or unlawful gain. Employees commit fraud of varying degrees for many reasons including financial, peer pressure, and patronage obligations. In Thailand, most employee fraud is viewed as minor and goes unpunished even if detected. Serious fraud is another matter.

New amendments to Thailand’s Bankruptcy Act aim to: (1) streamline the procedures which require court approval in reviewing claims for repayment of debt; (2) allow creditors additional time to file a claim for debt repayment if the cause of late filing was a force majeure  event; and (3) increase the current penalties to match present economic and social conditions.