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

August 23, 2012

The World Economic Forum Comes to Bangkok

Informed Counsel

For two thought-provoking days—May 31 to June 1, 2012—Bangkok played host to the 21st World Economic Forum on East Asia, a first for Thailand. The arrangements for the event, which was staged at the swank Shangri-la Hotel on the banks of the Chao Phraya River, were made in early 2011 at the Annual Meeting of the World Economic Forum (WEF) in Davos, Switzerland, by former Prime Minister Abhisit Vejjajiva, whose unexplained absence from the event here was duly noted. Thai politics are not to be trifled with.

As the Forum on East Asia was widely reported on in the world’s print, TV, internet, and social media, I will not rehash what they said but will give our readers my overview of the event as a participant.

The WEF is, in effect, the United Nations of the business, political, academic, and civil society worlds. In my view, if it did not exist, it would have to be invented. It is what its name describes—a forum for discussion of the ills of the world by all who have an interest in and are “committed to improving the state of the world.”

Tilleke & Gibbins has participated in WEF events dating back to 1988, when I was first invited to attend the annual meeting in Davos. In those days the WEF, headquartered in Geneva, Switzerland, had a staff of about 40 persons. Today that number now tops 500. I returned to Davos each year for the following 18 years, and to this day, I or my colleagues in the firm regularly attend WEF meetings in other locales around the world.

WEF meetings have long been world-class and attention-grabbing events. Over the past 24 years I have watched the Forum grow in stature, influence, and impact on the world stage. A WEF meeting is, and long has been, an exclusive place to see and be seen by the captains of industry, leaders in the services worlds, politicians and government luminaries of every ilk and nationality, Nobel Prize winners, notables from the entertainment and media worlds, entrepreneurs, NGOs, Young Global Leaders, and a few odd fringe people, like me, who do not fit in any category but whose presence and participation has been appreciated. This year’s meeting in Bangkok was consistent with this pattern.

Under the theme of “Shaping the Region’s Future through Connectivity” focusing principally on Southeast Asia, the intense two-day event was attended by over 600 registered delegates from 50 countries and 450 media representatives, plus the WEF permanent and temporary staff, government civil servants, senior and junior politicians and their staff, some spouses, assistants to attendees, hotel staff, private security and police, army and navy personnel performing a variety of functions, and service suppliers, who pushed that number way up. In terms of numbers of attendees and those involved, this was the largest East Asia Forum ever convened; not a problem for the highly efficient, capable, and organized WEF personnel.

After all these years of participation, I have many friends in the WEF and among the regular and local participants. It was heartwarming to catch up with old acquaintances. One such old friend is the Founder and Executive Chairman of the WEF, Professor Klaus Schwab. I was fortunate to be invited to attend a private ceremony during which he was conferred a doctorate honoris causa in Business Administration by Chulalongkorn University, Thailand’s oldest and one of its most prestigious institutions of higher learning, for his outstanding contributions to Southeast Asia’s business community and his long-standing commitment to its integration into the global economy.

The East Asia Forum program was filled with plenary sessions, interactive workshops and breakouts, tea breaks, meals, receptions, TV debates coupled with sponsors’ breakfasts and cocktail events. It provided opportunities and facilities for networking among the delegates, which is one of the prime and principal benefits of attendance. Each participant is given a thick pocket-size book showing photos, business affiliations, and brief bios of all participants at the meeting. It is a great guide to learning more about the people you see and meet. In networking, you accumulate a stack of business cards of old and new friends and acquaintances and potential business connections. My collection this time was small, only slightly less than one inch thick.

Lots of talking heads (but very important, very serious, and well informed talking heads) addressed the pertinent, big-idea subthemes of:

  1. Rethinking Regional Models for a New Global Context
  2. Responding to a Region@Risk
  3. Realizing Regional Connectivity

Reading from a prepared text, Thai Prime Minister Yingluck Shinawatra, an attractive and pleasant woman, gave the obligatory welcoming address extolling the virtues of regional connectivity among the Association of Southeast Asian Nations (ASEAN), while trumpeting the magnetism and aspirations of the Thai business environment. “Amazing Thailand” it is. She was also the esteemed featured speaker at a well-attended continental breakfast sponsored by CNBC.

The undisputed highlight of this Forum was the attendance and participation by Myanmar’s iconic pro-democracy leader Daw Aung San Suu Kyi. She was on her first trip abroad from Yangon in 24 years, most of which time she has been under house arrest. Her keynote address, to the packed hotel ballroom with dozens of TV cameras rolling, was her first public appearance abroad in a quarter of a century. She was dignified, elegant, poised, polished, articulate, organized, sincere, well informed, and dedicated. An accomplished orator, she spoke without notes, from her heart, confident and honest but without rancor or bitterness. She displayed a sense of humor, which was well timed and showed her humility and humanity. She said that isolated as she was from the world’s media, she kept herself informed by listening to broadcasts on her short wave radio. (It’s reassuring to someone of my age to know that this ancient but enduring medium of information dissemination is still being used.) While lamenting the lost generation of her middle-aged countrymen and their inability to contribute to the growth of “Burma,” as she called her nation, she focused on the future of her country and nation rebuilding. With Myanmar having only very recently opened itself to the outside world, she asked for job creation, job security, and empowerment of people encouraged by innovation, idealism, and participation by responsible foreign investment. Education and basic infrastructure are sorely lacking and need prompt attention, as does addressing the rampant corruption plaguing the country.

Ms. Suu Kyi was the darling of the media, as she would be throughout her travels to Europe, highlighted by finally receiving, in person, her Noble Peace Prize in Oslo, Norway. It was awarded to her in 1991, but she was prevented from receiving by a then repressive government.

Things have changed and are changing rapidly in Myanmar. It was announced that the next East Asia Forum will be held in 2013 in Myanmar. As a sign of the times, in 2014 Myanmar will chair ASEAN.

The meeting focused on the role of the ten member nations in ASEAN in the coming years both in the global economy and in working toward strong economic growth within the region. The ASEAN Economic Community (AEC), which comes into effect in 2015, garnered much attention from the government and business leader speakers from across Southeast Asia. Will the governments and businesses be ready for the opportunities and challenges, both positive and negative, the opening of the region to (almost) free trade in goods and services, and the impact the movements of people (and selected professionals) will bring?

A topic close to my heart which was often mentioned during the conference was the importance of, and emphasis on, the practice of good personal, governmental, and business values, protection and sustainability of the remaining environment, capped with support for the Rule of Law and the last refuge of democracy—an independent, competent, and incorruptible judiciary.

The competitiveness of the various countries as reported in the WEF’s Global Competitiveness Report 2011–2012 was discussed with a comparative approach. Depending on the factors measured (i.e., efficiency enhancers and innovation and sophistication factors), Thailand fares better than most though not as good as some, placing between 39th and 51st out of the 142 countries studied. The most problematic factors for doing business in Thailand as shown in the Report are, in order of importance:

  1. Government instability/coups
  2. Corruption
  3. Policy instability
  4. Inefficient government bureaucracy
  5. An inadequately educated workforce

These are familiar observations made by a number of the Thailand-based foreign chambers of commerce in their published business position papers with recommendations to the government for enhancing Thailand’s competitiveness, and to avoid the perils of falling behind.

The subjects covered over this two-day Forum were wide ranging and provided many opportunities to learn about today and tomorrow in East Asia. Samples of some of the many session headings are:

  • East Asian Models for Transforming the Global Economy
  • The Health Advantage
  • Escape From Poverty
  • Bridging Populations through Culture
  • Travel and Tourism
  • Dealing with the Extreme
  • Feeding the Multitudes
  • East Asia’s Growing Resilience to Risks
  • Generational Legacies
  • Asian Women Are the Way Forward
  • The Education, Skills, and Jobs Nexus
  • The Future of Energy
  • Financing ASEAN’s Future
  • The Promise and Future of Myanmar

Asia’s slow movement towards standing at the forefront of our global economy is more than apparent, and fortunately parallel to the establishment of the AEC in 2015. Recent changes, such as Myanmar’s transition to democracy and the movement of capital into Southeast Asia from China, have had a profound impact on the AEC’s goals of integration, economic development, and in widening investment opportunities. The role of the WEF is thus key in propagating the correct standards, knowledge, and reinforcements that can facilitate these goals.

As the host country this year for the WEF East Asia Forum, Thailand hoped to enhance its image on a global scale. Attracting foreign direct investment and foreign trade improvement are fallout benefits anticipated. We shall see.

Should you wish to absorb more about this and other WEF events, activities, initiatives, and communities, I recommend that you visit the website of the World Economic Forum on East Asia. Or visit the WEF home page.

RELATED INSIGHTS​ 

September 9, 2026
Certain securities, derivatives, and treasury activities in Thailand were opened to foreign investors when Thailand’s Ministry of Commerce published two new ministerial regulations in the Government Gazette on August 28, 2026. The regulations significantly broaden the service activities that foreign-owned businesses may conduct without a license or certificate under the Foreign Business Act B.E. 2542, as amended (FBA). Securities and Derivatives Business Exemptions Prior to the issuance of these ministerial regulations, the exemptions covered (1) securities brokerage and derivatives brokerage with their only underlying assets being agricultural commodities, financial instruments, and securities; and (2) dealers, advisers, and fund managers conducting derivatives business under Thailand’s derivatives laws. The ministerial regulations provide broader exemptions. In addition to derivatives under the laws on derivatives as before, the following two major categories are provided: Derivatives whose underlying assets or variables fall outside the scope of Thailand’s laws on derivatives. This addresses a gap in the previous framework, which did not comprehensively exempt derivatives tied to nonregulated underlying assets or variables, such as certain commodities. Foreign brokers, advisors, and fund managers can now facilitate a broader range of hedging and risk management instruments without triggering FBA licensing requirements. Derivatives traded outside a derivatives exchange, or over the counter (OTC), whose payments are calculated by reference to foreign exchange rates or interest rates. This removes an FBA licensing barrier for foreign providers of widely used OTC hedging products, broadening the solutions available to importers and exporters managing currency exposure and to borrowers seeking greater certainty over financing costs. The ministerial regulations also exempt brokers and agents handling transactions involving either of these two derivatives categories. For securities businesses, the ministerial regulations add exemptions for margin loans used to purchase securities and for securities repurchase transactions. These additions clarify whether such activities qualify as exempt brokerage
September 4, 2026
Foreign business restrictions on telecommunications, treasury center businesses, and intragroup support services were eased when Thailand published the Ministerial Regulation Prescribing Service Businesses Not Requiring Permission for Foreign Business Operations (No. 5) B.E. 2569 (2026) in the Government Gazette on August 28, 2026. The ministerial regulation expands the categories of service businesses that foreign investors may operate without a foreign business license (FBL) under the Foreign Business Act B.E. 2542 (1999) (FBA). Of particular relevance to the telecommunications, fintech, and technology sectors, the ministerial regulation exempts: Type 1 telecommunications licensees, which do not have their own networks; Treasury center businesses operated in accordance with Thailand’s exchange control regulations; and Certain intragroup administrative, human resources, and information technology management services. Telecommunications Services Foreign-owned businesses providing telecommunications services under a type 1 telecommunications license may now operate without obtaining an FBL. This may streamline market entry for qualifying telecommunications and digital infrastructure businesses. The exemption applies only to the FBA licensing requirement. Operators must continue to comply with applicable requirements under the Telecommunications Business Act and the regulations of the National Broadcasting and Telecommunications Commission, and the change does not affect foreign ownership restrictions applicable to type 2 or type 3 telecommunications businesses. Treasury Center Businesses The ministerial regulation also exempts qualifying treasury center businesses from the FBL requirement. This may facilitate centralized treasury functions in Thailand, including liquidity management, foreign exchange management, and intragroup funding arrangements. Treasury center operations remain subject to applicable requirements of the Bank of Thailand and other competent authorities. Intragroup Administrative, HR, and IT Services Certain administrative, human resources, and information technology management services provided between affiliated entities are also exempt, provided the relevant entities satisfy prescribed ownership or management criteria. The exemption is available where the service provider and recipient are related through specified ownership
September 1, 2026
Thailand has taken another step toward liberalizing its foreign business framework, exempting additional service activities and derivatives brokerage or agency businesses from the licensing requirements of the Foreign Business Act (FBA). Since the FBA came into effect, Thailand has taken a measured approach to opening its economy to foreign investment. While the FBA regulates foreign participation in businesses that may affect domestic interests, the framework has also evolved to allow foreign participation in certain business activities where sector-specific laws and regulatory frameworks already provide sufficient oversight, making additional FBA restrictions unnecessary. This is particularly true where Thai businesses are sufficiently capable of competing in certain service sectors, or where liberalization is intended to facilitate the provision of services among companies within the same corporate group. Against this backdrop, two new ministerial regulations have been issued pursuant to the FBA. Service Businesses Under the FBA Under the FBA, certain categories of business are restricted for foreign operators. List 3 of the FBA sets out businesses that foreigners may operate only if they obtain a foreign business license (FBL) or a foreign business certificate (FBC), or unless a specific exemption applies. List 3 (21) covers “other service businesses,” which is a catch-all provision that captures a wide range of service businesses not specifically enumerated elsewhere in the FBA. In practice, this means that most service activities carried on by foreigners in Thailand require an FBL or FBC unless otherwise exempted. Notwithstanding the foregoing, the FBA provides a mechanism to address this breadth by empowering the Minister of Commerce to issue ministerial regulations excluding specific types of service businesses from List Three (21). Once a service business is so excluded, foreigners may operate it without obtaining an FBL or FBC. Prior to the new regulations, four ministerial regulations had been issued to
August 31, 2026
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