You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 20, 2017

Long Awaited Changes to the Thai Customs Act Signed Into Law

T-AB: Thai-American Business, Journal of the American Chamber of Commerce in Thailand

On May 17, 2017, Thailand published its new Customs Act B.E. 2560 (2017) in the Royal Gazette, the official journal in which new laws are announced. The Act, effective 180 days from publication, repeals the outdated and controversial Customs Act B.E. 2469 (1926) and its prior amendments.

The historic new Act represents the culmination of many years of drafts, consultations, and sometimes contentious debate. Throughout the process, the government collaborated closely with private sector partners to ensure an improved customs process. The new Customs Act joins twenty-four tax laws that the government has rewritten or amended to meet international standards in order to better support trade and investment and to improve Thailand’s transparency and competitive advantages. Ultimately, the new law is a significant step forward adding clarity and improving fairness for all parties involved in the customs clearance process.

The previous Customs Act of 1926 included a number of ambiguities, creating difficulties for corporations to ensure compliance. For example, the Customs Department defined “customs evasion” and “customs avoidance” as different offenses under Section 27 of the Act; however, the Office of the Council of State (OCS) and the Anti-Money Laundering Office (AMLO) considered “customs avoidance” a sub-offense of “customs evasion.” Similarly, the previous Act was ambiguous on officer and director liability, especially as the Act failed to define “managing director,” “managing partner,” and “person responsible for the operation of a juristic person.”

The previous Act also allowed a customs reward-sharing regime that distorted incentives during enforcement. The Director-General of the Customs Department possesses the authority to “reward” customs officials and third-party whistleblowers for reporting or otherwise successfully pursuing instances of customs evasion (smuggling) and customs avoidance (false declarations).

The reward system is in stark contrast to those practiced in many other countries such as Britain, India, and Pakistan, where rewards have strict limitations. Although a reward system can help identify customs avoidance and evasion, overly generous rewards can create incentives to pursue or facilitate wrongdoing, or introduce bias during audits and investigations.

Other troubling aspects of the previous Act included shifted burdens of proof, penalties significantly out of proportion to the alleged wrongdoing, strict liability even in cases where under-declaration of customs duty was a mistake, and an opaque post-clearance audit and appeal process.

The new Act addresses several of these substantive issues and offers relief to importers subject to the historically difficult customs environment. In enacting the new law, the Thai National Legislative Assembly acknowledged these well-known challenges and indicated the desire to resolve outdated or inconsistent provisions. The government noted that the ambiguity created difficulties not only for the private sector, but hampered law enforcement.

In addition, the government noted the growth of international trade requiring improved “customs formality and other relevant procedures in order to be efficient and consistent with international standards, which will increase [Thailand’s] competitiveness.”

A number of the changes are expected to vastly improve the customs clearance process. The new Act eliminates strict liability presumptions for customs duty evasion and now requires “willful intent” or “negligence.” Presumed liability for officers, directors, and other authorized persons is also eliminated.

The rewards regime will be revised dramatically, particularly with caps on the amounts for rewards. For example, whistleblowers will now only receive a maximum of THB 5 million.

The new Act also standardizes and sets clear timelines for post-clearance audits and Board of Appeal reviews. Under the current regime, appeals can take years to resolve. Similarly, the new Act imposes clear deadlines for the return of duty guarantees.

Another critical change includes revisions to the method for calculating criminal fines. Previously, penalties were determined using four times the combined price of goods plus the customs duty. The new calculation will be based solely on the amount of duty evaded and will be limited to a multiplier between 0.5 and four times the base amount. Courts will now have discretion in calculating criminal fines.

The new Act also introduces different degrees of penalties for different offense levels. For example, the penalty for smuggling is more severe than for duty evasion. The Act also relinquishes jurisdiction of offenses relating to restricted goods.

The new Customs Act of 2017 represents a significant improvement in fairness and clarity that will benefit not only the private sector, but the Thai government itself. Around 80 sub-regulations are expected to be announced before the new Act becomes effective in mid-November 2017.

RELATED INSIGHTS​ 

November 13, 2025
Tilleke & Gibbins has contributed the Thailand chapter to Franchise 2026, part of the International Comparative Legal Guides (ICLG) series published by Global Legal Group. This annual guide offers comparative analysis of franchise laws and regulations across jurisdictions worldwide, providing practical insights for businesses and legal practitioners operating in the global franchise sector. Each country chapter in the 12th edition follows a Q&A format covering key aspects of franchise law and operations, including: Relevant legislation and rules governing franchise transactions Business organization options for franchised operations Competition law considerations Protection of intellectual property and brands Liability issues and risk mitigation Governing law and dispute resolution Real estate matters Online trading regulations Termination requirements Joint employer risks and vicarious liability Currency controls and taxation Commercial agency considerations Good faith obligations and fair dealing requirements Ongoing relationship management Franchise renewal processes Franchise migration procedures Sustainability commitments Electronic signatures and document retention Current developments in the franchise sector The Thailand chapter, authored by Alan Adcock and Kasama Sriwatanakul, provides an in-depth overview of the legal landscape for franchising and franchising-related activities in Thailand. The complete Thailand chapter is available as a PDF below. The Thailand chapter—and the full Franchise 2026 guide—are also freely available on the ICLG website.
November 13, 2025
The Land Department in Thailand’s Ministry of the Interior (MOI) plays a central role in ensuring the stability and legality of real estate transactions in the country. Its core responsibilities include issuing land title deeds, registering transactions (e.g., sales, mortgages, leases), conducting surveys for subdivision or consolidation of land, and providing information and guidance on land and property development laws. These administrative functions secure investor confidence and support transparency in the Thai property market, so any delay can have a significant impact. This is especially true for investors who depend on timely registration to secure or transfer property rights. Delays can create liquidity risks, postpone project timelines, and even reduce Thailand’s attractiveness as a real estate investment destination. This article explores the nature of these challenges, the legal framework governing the timelines for administrative actions, and remedies available under Thai law. Sources of Delay Procedural delays at land offices can arise for a variety of structural and operational reasons. These include approval processes that require several levels of internal review, heavy staff workloads, and occasional communication gaps within the bureaucratic chain. Many processes still rely upon manual documentation, which can prolong administrative steps and increase the likelihood of bottlenecks. Some delays stem from ongoing investigations into the legality of land titles. For example, a land title deed may have an annotation indicating that the title deed is under investigation to verify its legality. Even though this annotation does not legally prohibit the sale or transfer of the land, in practice, most prospective purchasers are reluctant to proceed with a transaction until the annotation is removed. As a result, the land can become effectively illiquid during the investigation period, leading to significant investment delays. While such investigations are essential to maintaining the integrity of Thailand’s land registration system, prolonged inquiries
November 7, 2025
Thailand and the United States signed a memorandum of understanding (MOU) titled “Cooperation to Diversify Global Critical Minerals Supply Chains and Promote Investments” on October 26, 2025, signaling a new strategic alignment aimed at developing Thailand’s mineral sector, particularly in rare earth elements (REEs). The MOU has implications for investments in technology, manufacturing, and other related sectors. This update outlines the key provisions of the MOU and the potential opportunities and legal navigating points for businesses. Objectives The primary driver of this agreement is the US initiative to diversify global supply chains for critical minerals and reduce reliance on current market leaders, particularly China. For Thailand, it represents a major opportunity to attract high-tech investment and develop its downstream processing industries. The cooperation is set to focus on five main areas: Technical knowledge: Exchange of technical expertise and international best practices to strengthen Thailand’s mining and processing sector. Joint cooperation: Establishing workshops, seminars, and scientific collaboration to boost innovation. Regulatory practice: Promoting good governance and streamlining regulatory and licensing procedures. Information sharing: Sharing data on potential projects and global market prices. Full-value chain: The MOU covers the entire mineral lifecycle, from exploration and extraction to processing, refining, and recycling. “First Opportunity to Invest” Clause The most debated provision within the MOU states that “participants expect to have the first opportunity to invest . . . in critical minerals assets that may be sold in Thailand.” Business implications: This clause is widely interpreted as granting US companies a first look or preferential access to investment opportunities in Thailand’s critical minerals sector. This could be a significant advantage for US-based or affiliated companies in mining, technology, and energy seeking to secure a foothold in a developing REE supply chain. Thai government position: Thai officials, including the prime minister, have publicly clarified
October 31, 2025
On September 29, 2025, Thailand’s Office of the Personal Data Protection Committee (PDPC Office) published its Regulations on the Review and Certification of Binding Corporate Rules B.E. 2568 (2025) (the Regulations). The Regulations provide clarity on the PDPC Office’s approach to reviewing and certifying binding corporate rules (BCRs) under Section 29 of the Personal Data Protection Act B.E. 2562 (2019) (PDPA), and aim to facilitate international data transfers within a group of undertakings or enterprises (a “corporate group”). In conjunction with this development, the PDPC Office also approved BCRs for two companies operating in Thailand on September 30, 2025. This milestone represents the first concrete progress since the PDPC’s Notification on Criteria for the Protection of Personal Data Sent or Transferred to a Foreign Country pursuant to Section 29 of the PDPA B.E. 2566 (2023) came into effect in March 2024. Some key features of the Regulations are set out below. Categorization of BCRs BCRs are classified into two types: (1) BCRs for Controllers (BCR-C) and (2) BCRs for Processors (BCR-P). The category must be clearly specified when submitting the BCRs to the PDPC Office. Documentation Requirement The applicant must prepare and submit the application (a standard template may be provided by the PDPC Office in the future) along with supporting documents for review and certification in the Thai language. If the supporting documents are in a foreign language, a certified Thai translation should be provided. The translation must be notarized by a notary public or qualified person. Supporting documents may include, among others, a binding instrument such as an intra-group agreement, or a list of entities subject to the BCRs. Expedited Process Requirement Organizations with existing BCR approvals under the EU or UK GDPR, or from countries announced by the PDPC under Section 28, may apply through an