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

March 23, 2012

Preparation for the AEC: Free Flow of Goods

Bangkok Post, Corporate Counsellor Column

The year 2015 will be a year of special importance for Thailand as well as all Asean member states, as it marks the establishment of the Asean Economic Community (AEC) as agreed on by country leaders at the 2007 Asean Summit.

Section 9 of the AEC Blueprint clearly lays out the five core elements to attain the goal of having a single market and production base for the Asean region—the free flow of goods, services, investment, capital, and skilled labor.

But with less than three years until the AEC is to be formed, are individual countries ready? Have respective governments been taking the proper measures in preparation for inclusion in the AEC?

Let us take a look at the issue of free flow of goods. Certain international protocols are already in effect that help facilitate movement of goods within Asean. The Asean Free Trade Agreement, Common Effective Preferential Tariffs, and the Asean Trade in Goods Agreement (ATIGA) greatly reduce or eliminate tariff rates for most goods traded among Asean member states.

For example, under ATIGA, import duties are effectively eliminated for all products (with exceptions of certain “sensitive” goods) traded intra-regionally among the more developed Asean-6 (Brunei, Indonesia, Malaysia, the Philippines, Singapore, and Thailand). Import duties are scheduled for elimination between 2015 and 2018 for the four less-developed CLMV states (Cambodia, Laos, Myanmar, and Vietnam).

ATIGA also requires member states to eliminate “qualitative restrictions,” which are defined under Article 2 as “measures intended to prohibit or restrict quantity of trade with other member states, whether made effective through quotas, licenses, or other measures with equivalent effect, including administrative measures and requirements which restrict trade.”

But there is more to reaching the objective of free flow of goods than tariff elimination. A commercial importer is affected not only by the costs of import duties but also by the time and costs related to customs clearance. Data must be compiled and paperwork submitted to various government agencies, resulting in administrative and labor expenditures. Increased delays in customs clearance also mean greater storage costs for logistics service providers.

Therefore, reducing non-tariff barriers to enhance transparency, fixing rules of origin to respond to global changes in production, and simplifying and standardizing customs procedures to facilitate trade are all additional key points to the AEC Blueprint, as is the establishment of the Asean Single Window (ASW).

This last goal, however, is contingent on each member state setting up its own National Single Window (NSW), something only the Asean-6 have completed so far. The establishment of NSWs is important because, once in place, they allow traders to submit one set of documents or information, linking the multitude of government agencies and private-sector enterprises involved and thereby improving overall trade efficiency. The implementation of the ASW will further increase trade efficiency by coordinating among respective NSWs, allowing for both automatic preparation of documents and transmission of data intra-regionally.

Has Thailand taken adequate steps to prepare for the AEC regarding the free flow of goods? One need only look back at recent economic and trade data to illustrate the significance of implementing an NSW. The World Bank’s Doing Business 2007 report said Thailand ranked 108th out of 183 countries in the category of Trading across Borders. Its ranking jumped to 50th in 2008 and 10th in 2009, a dramatic change reflecting the adoption of a paperless customs system (e-customs) in addition to an NSW.

Other World Bank indicators further show the importance of streamlining customs procedures. From 2007 to 2009, the number of documents in Thailand required to export fell from 9 to 5 for exports (bill of lading, certificate of origin, commercial invoice, customs export declaration, and terminal handling receipts) and from 12 to 5 for imports (bill of lading, commercial invoice, customs import declaration, packing list, and terminal handling receipts for import). During the same period, the number of days and costs for exports fell from 24 and US$848 to 14 and $625 for exports and from 22 and $1,042 to 13 and $795 for imports. (The figures in the Doing Business 2012 report remain the same, with a slight reduction in import costs to $750.)

Thailand’s example clearly shows the importance of e-customs systems and NSWs in addition to multilateral trade agreements on tariffs. With the Asean-6 NSWs already in place and the CLMV working toward establishing their own, the economic future looks bright for the Asean region.

RELATED INSIGHTS​ 

December 15, 2025
Thailand is taking steps to energize its startup scene by drafting the Startup Promotion Law. This draft law aims to remove obstacles, open new funding opportunities, and provide coordinated government support. The goal is to make it easier for Thailand-based startups to grow and compete on a global stage. Why Is This Law Needed? For many years, Thai startups have operated under traditional company law frameworks that were not designed with high-growth businesses or with fundraising opportunities in mind. Restrictions on issuing bonds, offering shares to outside investors, and repurchasing shares for employee incentive programs made it challenging for emerging companies to access capital and accelerate their growth. The draft Startup Promotion Act seeks to remove these obstacles and foster a more competitive, entrepreneur-friendly environment in Thailand. Who’s in Charge? Two main organizations will oversee the startup ecosystem: Startup Promotion Committee: This group, to be appointed by the National Science, Research, and Innovation Policy Council, will set national strategies, policies, and budget; design promotional campaign and incentives; and propose further legislative amendments to promote startups. National Innovation Agency (NIA): Under the draft act, the NIA will be the main contact for startups and will serve as the secretariat office of the Startup Promotion Committee, coordinating data, advising startups, maintaining the public registry, and providing funding and investment (grants, repayable grants, loans, and equity) under committee criteria and, where applicable, cabinet approval. What Startups Are Eligible for Benefits? To be officially recognized and access benefits, a company must: Be a private limited company less than 10 years old at the time of application. Existing companies that already exceed the 10-year threshold may still apply for startup statues within one year of the law’s enactment, as long as they otherwise still qualify for the new regime. Have average annual revenue not
December 4, 2025
Thailand has expanded the circumstances under which state agencies may bypass competitive bidding procedures to address urgent security challenges. On November 28, 2025, Thailand’s Ministry of Finance published the Ministerial Regulation Determining Cases of Procurement by Specific Method (No. 6) B.E. 2568 in the Royal Gazette, introducing a new pathway for procuring supplies and services needed to address cyber and military threats that may affect the stability of government agencies or the nation. For technology vendors, cybersecurity firms, and defense contractors, this regulatory change creates immediate opportunities to engage directly with government buyers facing urgent security challenges. New Fast-Track Category for Security Threats The regulation amends Thailand’s Public Procurement and Supplies Management Act B.E. 2560 (2017) to add a new category of procurement that qualifies for the “specific method”—a noncompetitive, direct selection process. Previously, agencies could use this expedited method only in limited circumstances, such as emergencies, cases with proprietary technology requirements, or national security operations. The new provision explicitly covers procurement of supplies related to preventing or resolving cyber or military threats that could impact the stability of a state agency or the country. This addition recognizes the urgent nature of modern security challenges, where competitive bidding timelines may leave agencies vulnerable during critical threat windows. State agencies dealing with active cyberattacks, preparing defensive measures against anticipated threats, or responding to military security concerns can now move directly to negotiate with qualified vendors rather than conducting lengthy public tender processes. Vendor Considerations Vendors offering cybersecurity solutions now have a regulatory avenue to work directly with government clients when stability concerns are present. These solutions include threat detection systems, anti-ransomware tools, incident response services, firewalls, and security consulting. Similarly, defense contractors providing military equipment or specialized security supplies can pursue direct engagement channels where traditional procurement methods would create
December 4, 2025
Thailand’s Department of Business Development (DBD), through its Office of Central Company and Partnership Registration, has released multiple draft orders for public consultation until December 12, 2025. These draft orders aim to strengthen the business registration process, with a focus on the requirements for establishing and amending the principal office address of a partnership or limited company, verification of authorized signatories, and measures to identify and prevent registrations involving persons linked to suspicious or high-risk activities. The draft orders’ proposed requirements are outlined below. Principal Office Verification The principal office address of a partnership or limited company, including house registration code, house number, full address details, and building name, must be fully aligned with the civil registry. The registrar will strictly verify this before accepting any registration or amendment. If the address used for registration is already registered for at least five other companies, the company must submit a consent letter from the person authorized to allow use of the principal office, along with supporting documents proving the right to use the address. Signatory Certification Compliance Duties Persons certifying directors’ signatures on registration forms are responsible for verifying their identities, maintaining up-to-date information, and complying with the requirements of the DBD’s Biz Regist digital registration system. Certain supporting documents proving the qualifications of certifying persons are also required, with some exceptions for specific professional roles. Identity and qualification verification must be renewed upon the completion of one year from the date of registration as a certifying person, or if the certification credentials expire before the one-year period ends, in accordance with the verification requirements. Verification of Suspicious Parties Any partner, shareholder, or director linked to a predicate offense will be required to meet with the registrar in person for further verification steps. For all parties related to a company
December 2, 2025
Investing in Mainland Southeast Asia is Tilleke & Gibbins’ essential guide for investors looking to do business in this vibrant region, whether it’s starting operations as a newly established entity or expanding into new territories or business models.