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 The Act, effective 180 days from publication, repeals the outdated and controversial Customs Act B.E. 2469 (1926) and its prior amendments.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​ 

February 20, 2026
Thailand’s Supreme Administrative Court has issued a decisive ruling annulling the Ministry of Labor’s notification that had granted an exemption for foreign pilots to fly domestic routes under wet‑lease arrangements. A wet lease is a leasing arrangement in which the aircraft is provided together with its foreign flight crew, including pilots, and related operational support, rather than the airline supplying its own pilots. The judgment, delivered on November 17, 2025, and published in the Government Gazette on January 30, 2026, follows a legal challenge brought by the Thai Pilots Association, which argued that the exemption unlawfully enabled foreign workers to assume a role traditionally reserved for Thai nationals. The notification in question, dated December 13, 2024, authorized foreign pilots who came as part of wet‑leased aircraft to fly domestic routes. The Thai Pilots Association disputed the legality of this rationale, asserting that the exemption was triggered by a private airline’s request rather than by any statutory necessity. The Ministry of Labor justified this measure by relying on aircraft‑specific approvals issued by the Ministry of Transport and by enabling the Department of Employment to issue corresponding work permits. Arguments Presented in the Case The Thai Pilots Association argued that the exemption undermined the interests of domestic pilots and conflicted with the policy intent of Thailand’s foreign‑worker regulatory framework. The lawsuit emphasized that the notification arose directly from a private airline company’s request to operate two A320 aircraft under a wet lease and that the measure had the practical effect of displacing Thai pilots who remained unemployed. Meanwhile, the Ministry of Labor defended the exemption as a temporary and necessary response to industry shortages and part of national efforts to support tourism and restore aviation capacity. Legal Framework Thai law establishes a general prohibition against foreign nationals piloting domestic aircraft. Section
February 19, 2026
Thailand’s Securities and Exchange Commission (SEC) has overhauled its approach to related-party transactions (RPTs) by issuing new rules that simplify approval processes while expanding oversight. Capital Market Supervisory Board Notification No. TorJor. 46/2568 will replace the longstanding Notification No. TorJor. 21/2551, which has governed RPT compliance for over a decade. The new regulation takes effect on July 1, 2026. Any RPT matters approved by a company’s board of directors or approved for shareholders’ approval before that date remain subject to Notification No. TorJor. 21/2551. The new RPT rules will introduce significant changes that market participants should carefully consider. Consolidated Definitions Under the previous framework, key definitions relevant to RPT compliance were dispersed across multiple sources, including SEC notifications, Stock Exchange of Thailand (SET) regulations, and provisions of the Securities and Exchange Act (before amendments). The new regulation consolidates these definitions into a single notification. Concepts such as “related party” and “connected person,” as well as relevant transaction categories, are now more systematically organized and written in greater detail. The SET has yet to issue corresponding regulations, which should include more detailed related disclosure requirements. Unified Threshold and Mandatory Board Approval The most significant change under the new regulation is the elimination of the multitiered approval framework based on transaction type. Instead of various categories, transactions are now classified as either (1) financial assistance provided to related persons, or (2) other RPTs in order to determine the level of corporate approvals and disclosures for each transaction size in these categories, but the concept remains the same. Under the previous regulation, RPTs were divided into small, medium, and large transactions, with differing approval requirements. The new regulation effectively merges the small and medium categories. As a result, all RPTs must now be approved by the board of directors as a baseline
February 19, 2026
Thailand’s Securities and Exchange Commission (SEC) has issued a new regulation on material transactions (MTs) to govern asset acquisitions and disposals by listed companies and their subsidiaries. The new notification on MT criteria (No. TorJor. 45/2568) from the Capital Market Supervisory Board replaces the long-standing notification (No. TorJor. 20/2551) that has governed such matters. The SEC has also introduced parallel amendments to the country’s related-party transaction rules. The new regulation will take effect on July 1, 2026. Any MT matters approved by a company’s board of directors for shareholders’ approval before that date remain subject to Notification No. TorJor. 20/2551. Following that date, the new MT rules will introduce several significant changes that market participants should carefully consider. Expanded Scope of Material Transactions One of the key changes under the new regulation is the expansion of the definition of MTs, which now expressly covers financial assistance and certain lease and business lease arrangements that are not in the ordinary course of business of the listed company or its subsidiaries. For financial assistance, this includes lending, granting credit, providing guarantees, or entering into any arrangement that increases the company’s financial obligations, particularly where the recipient is facing liquidity issues or unable to repay debts. Other forms of financial support also fall within scope. However, whether the provision of collateral for others qualifies as an MT remains somewhat unclear, since no disposal of assets occurs for the provider of collateral. This issue remains to be carefully considered. For lease-related transactions, the MT rules now specifically include the lease or hire-purchase of all or part of a business or assets operated by or belonging to a listed company or its subsidiaries. New Exemptions The new regulation introduces clearer exemptions for transactions between a listed company and its subsidiaries or among subsidiaries, which
February 10, 2026
Data center and cloud investments are forming a major focus of private-sector investment in Thailand, with tech giants like Amazon, Google, Microsoft, and TikTok, as well as numerous telecom and data center companies, committing significant outlays to data center and cloud development. The country’s Board of Investment (BOI) approved projects worth THB 1.87 trillion in 2025, and THB 746 billion of this was from planned data center investments—by far the largest amount from any single industry. Thailand’s swift rise as a regional data center hub is fueled by surging demand for cloud, AI, and digital services, as well as large-scale investments from global tech firms. The country’s strategic location, competitive power costs, robust fiber infrastructure, expanding IT talent, and supportive government policies—including BOI incentives and streamlined approvals—have made it an attractive destination for scalable and sustainable digital infrastructure investments. The BOI’s proactive approach in updating promoted categories and providing both tax and non-tax incentives further ensures Thailand’s continued growth in this sector. 2025 BOI Changes for Data Centers In the middle of 2025, the BOI responded to the remarkable trend by updating investment‑promotion categories across various sectors (e.g., machinery and electrical equipment, public utilities, digital and innovative industries) to accommodate growing investment in data‑center projects. Before the change, which was detailed in a notification that has applied to investment promotion applications submitted from July 1, 2025, onward, data‑center projects under BOI promotion were granted a single A1 incentive (an eight‑year corporate income‑tax exemption) and subject to one uniform set of conditions. The July 2025 notification restructured promotion for data centers into two categories based on power‑usage efficiency: high‑efficiency data centers and other data centers. Under these rules, qualified high‑efficiency data centers are eligible for an eight‑year corporate income tax (CIT) exemption, while for other data centers this exemption is