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​ 

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