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August 31, 2026

FBA Noncompliance in Thailand: A Deportation Risk for Foreign Nationals

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Thailand has introduced a new regulatory framework that may expose foreign nationals who violate the Foreign Business Act (FBA) to deportation. The Regulation of the Office of the Prime Minister on Deportation B.E. 2569 was published in the Government Gazette on August 27, 2026.

The regulation establishes an administrative process for referring foreign nationals for deportation where this is deemed necessary in the interests of public order or public morality. It does not create new substantive deportation powers, but it expressly identifies unlawful business conduct under the FBA—including nominee arrangements—as grounds for referral.

Grounds for Deportation Referral

The regulation sets out five grounds that may give rise to a referral to the relevant authorities:

  • Unlawful entry into, or unlawful stay in, Thailand in violation of immigration laws.
  • Unlawful employment or engagement in work in violation of laws governing the employment of foreign nationals.
  • Carrying on business in violation of the FBA, including through the use of nominee arrangements.
  • Forging official documents or using forged official documents.
  • Committing an offense punishable by imprisonment of five years or more.

The framework takes a broad approach, extending not only to the perpetrators of these acts but also to those who facilitate, instigate, or otherwise support such acts.

Deportation Risk Following a Criminal Judgment

Where a foreign national has committed any of the above offenses and has fully served the sentence imposed pursuant to a final judgment, the interior minister has the power to order deportation. This power also applies where a court has issued a final judgment sentencing a foreign national to imprisonment but has suspended the execution of the sentence, or has imposed a fine. A deportation order may also specify a period during which the foreign national is prohibited from reentering Thailand.

FBA Noncompliance: Broader Consequences

Noncompliance with the FBA—including the use of nominee arrangements to circumvent restrictions on foreign participation, or operating a business without the required license—may expose those involved to criminal liability, including imprisonment and fines. Such noncompliance may also affect a company’s ability to obtain a foreign business license (FBL) in the future.

This regulatory development signals a policy of accelerating deportation proceedings against foreign nationals who commit offenses in Thailand. Unlawful business activities in breach of the FBA, including nominee arrangements or operating without the proper license, now constitute grounds for deportation referral. Foreign nationals who act as principals, instigators, or supporters of such conduct may likewise be subject to referral. FBA noncompliance may therefore carry not only criminal and financial consequences but also significant immigration consequences for any foreign nationals involved.

Path Forward

These developments suggest that Thailand will continue to tighten enforcement of applicable legal requirements, particularly around nominee arrangements. Businesses operating in Thailand or planning to enter the market should review their ownership structures, corporate structures, and business licensing to ensure compliance. Where potential FBA risks arise, businesses should promptly consider a lawful structure—such as obtaining an FBL, seeking Board of Investment promotion, relying on applicable treaty protections, or establishing genuine Thai ownership and control. Early action can help mitigate the risk of regulatory enforcement and related immigration or business consequences.

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