(Chinese Taipei) Anti-dumping and safeguard proceedings of Thailand are set out to comply with all rights and obligations under the WTO Agreements. Both Anti-dumping and Safeguards Acts enable importers, exporters and other interested parties the opportunity to present their opinions with supporting evidence. Non-confidential version of information regarding the proceeding will be made available to all other interested parties with opportunity to respond to the claim. In addition, in accordance with the obligations under Article 16 of the Anti-dumping Agreement and Article 12 of the Safeguards Agreement, Thailand consistently and promptly submits notifications with regards to both measures.

(Chinese Taipei) The e-GP registration system is applied to every supplier who is interested in participating in the e-GP system, either Thai companies or foreign companies.

(US) Thailand does not plan to implement any new subsidies. However, we have estimated that the drought will be more excessive in the next year since the impact of climate changed so, we may focus on the rural development and employment.

(US) The Bank of Thailand has recently announced relaxation plan on capital controls and is now under implementation period of such plan. The BOT's capital flows relaxation plan consists of (1) the relaxation on foreign exchange regulations to facilitate residents' holdings of foreign assets as well as to increase the participation of non-banks in foreign exchange business and (2) the relaxation on measures to prevent Thai baht speculation in order to increase flexibility for non-residents in borrowing Thai baht from domestic financial institutions. For further details, please see https://www.bot.or.th/Thai/PressandSpeeches/Press/News2558/n2358e.pdf.

(Norway): Telecommunications industry is in the transition period from concessionary agreements to a licensing framework. The National Broadcasting and Telecommunications Commission (NBTC) was established in 2010 as a single converged regulator for telecoms and broadcasting sectors. NBTC is responsible for licensing for the telecom operators and the allocation of broadcasting frequencies. The last concession agreement in the telecommunications sector will expire in 2018.

Currently, government is attempting to set up the neutral company to manage and oversee the telecommunication infrastructures of the country. This requires the dispute resolution of telecommunications infrastructure assets.

(Australia) The Repeal Act of the Agricultural Futures Trading Act B.E. 2542, B.E. 2558 (2015) took effect on 6 November 2015. Pursuant to the Repeal Act, the Agricultural Futures Exchange of Thailand (AFET) will be merged with the Thailand Futures Exchange (TFEX) . The merger process under the Repeal Act requires TFEX to launch its maiden agricultural futures trading within five months from 6 November 2015. Following the launch, AFET will wind down its trading and will be dissolved by 6 February 2017 at the latest. Natural Rubber Ribbed Smoked Sheet No. 3 (RSS No. 3) will be TFEX's initial product to be traded on the exchange. For more information, please visit http://www.afet.or.th/.

(Canada) Thailand-Chile FTA has entered into force on 5 November 2015. The text of the Agreement can be found at: http://www.dtn.go.th/files/FTA/TCFTA/TCFTA_-_Eng_-_00_00.pdf.

(Canada) The FTA between Thailand and India is a Comprehensive FTA that includes Trade in Goods, Trade in Services and Investment. Currently, the FTA negotiations have been progressed more than 90 percent. Both countries will notify the scope of the FTA after the negotiation has been concluded.

No time-frame.

(Canada) Currently, Thailand is in the process of conducting a comprehensive study and carefully assessing the impacts of joining the TPP Agreement in all aspects during the period while TPP member is undergoing internal procedure to ratify the Agreement. The final study report will be made public when it is completed in 2016.

(Chinese Taipei) In accordance with Thailand's Duty Free Quota Free scheme, Thailand exempts customs duties and quota for 6,998 goods (at 8-digit HS code) from the all least developed countries as classified by the United Nations provided that a good is originating in the exporting beneficiary country, consigned directly to Thailand and has a certificate of origin. Goods will be considered as originating if a good is wholly obtained or produced in the exporting beneficiary country or it has a qualify value content of not less than 50 percent of FOB value and the final process of production is performed within the exporting beneficiary country. Due to the fact that Duty Free Quota Free scheme Focuses only on providing market access for the least developed countries by eliminating customs duties and quota for their goods.

(Australia) The Ministry of Commerce fully understands that foreign investors are concerned with the policy on the FBA amendment which may affect business operation of foreign investors. The Ministry of Commerce would like to assure that Thailand has clear policy to promote foreign investments and this law shall not be an obstacle to foreign investments.

With the issuance of the Ministerial regulation prescribing service business not subject to application for Foreign Business Permission B.E. 2556 (2013), Securities business and other businesses under the law on securities and securities exchange, Derivatives business under the law on derivatives, and Serving as a trustee under the law on trust for transactions in capital market are now excluded from (21) of List 3 annexed to the Foreign Business Act, B.E. 2542 (1999) .

(Australia) Securities and Exchange Commission of Thailand (SEC) has reviewed securities business licensing regime and the related qualifications & requirements in order to enhance flexibility and variety of business providers in Thai capital market in response to changing business environment and increasing competition. The review is expected to finalise by next year.

The SEC has amended the regulations to enhance product variety in Thai capital market; (1) allowing mutual fund to invest in non-investment grade/ unrated securities with no limit but diversification (the amended regulation for retail fund has been effective in Q2/2015) and (2) to allow fund for accredited (or sophisticated) investor to invest in more variety of securities (expected to finalise by 2016) .

In addition, the SEC has recently launched new regulation for registered equity crowdfunding business aiming at promote market-based financing for SMEs and start-up companies. The regulation has been in effect since May 2015

(Mexico) The BOI's new incentive scheme which has come into effect from 1 January 2015, aims to encounter the rapid changes of the current and future economic situations, to enhance Thailand's competitiveness and to achieve sustainable development. Moreover, the new scheme is in line with the direction of Thailand's development under the National Economic and Social Development Plan.

Investment activities stipulated by BOI, which covering all sectors, are eligible for investment promotion and the following incentives are granted:

•  Exemption of import duty on machinery.

•  Exemption of import duty on raw or essential materials used in manufacturing export products for 1 year (extendable) .

•  3-8 year corporate income tax exemption.

•  Other non-tax incentives such as permission to own land, facilitation for visas and work permits for foreign experts.

However, the results from the new incentive scheme is too early to evaluate, since it has recently come into force in January 2015.

(Mexico) Thailand has undertaken domestic transposition to HS2012 and already implemented HS2012 since 1 January 2012.

(Mexico) For AEO programme in Thailand, AEO Standard Division, Customs Standard Procedures and Valuation Bureau plans to review and extend the benefits as well as to enhance cooperation with other authorities regarding the operation on AEO programme. Moreover, it also plans to extend the number and categories of operators.

With regard to Mutual Recognition Arrangement, the cooperation among ASEAN Member States; for example, experience exchange on AEO programme and MRA negotiation, are being carried out.

(Australia) The Regulations of the Office of the Prime Minister on Procurement B.E. 2535 (1992) applies to all central government agencies. However, state-owned enterprises and local authorities have their own procurement regulations. All central government agencies must abide by the Regulations of the Office of the Prime Minister on Procurement B.E. 2535 (1992) . The suppliers can file complaints with Government Procurement Committee, if they find irregularities in government procurement practices. Thailand is currently reforming the new Public Procurement Act which will apply to all central government agencies, state-owned enterprises and local authorities.

(Australia) Thailand is in the process of proposing draft Public Procurement Act for the National Legislative Assembly's consideration and amendment. However, the new Public Procurement Act will increase more transparency, efficiency and widely open for competition.

(United States) As from 2013, the beneficiaries of Gold Card Scheme are being shifted to the Authorized Economic Operator (AEO), if the gold card importers or exporters did not apply for AEO program, their gold card status expired on 1 October 2013. Those who applied for AEO prior to 1 October 2013 still have the rights under the Gold Card Scheme until the Customs Department approves them as AEO operators. In brief, there are 46 importers/exporters that are pending for the AEO approval. As a result, they still have the rights under Gold Card Scheme.

(United States) Refer to the answer No. 1, not all companies have been transferred to AEO.

(United States) Gold Card Scheme was one of the measures to facilitate import and export procedures. The Customs Department would grant the gold card status for importers or exporters with good record and reliable background. Meanwhile, AEO program is a measure to both secure and facilitate global trade. The Customs Department is aware of the global security supply chain. Thus, the Customs Department adopted the SAFE FoS by signing in Letter of Intent on May 9, 2006 to stimulate and express the intention to implement WCO SAFE FoS.

For AEO program, its framework highlights on global trade security as well as the global trade facilitation. The Customs Department emphasizes on the security measure of the operators. To ensure that the operators are appropriate for AEO status, the operators shall provide necessary documents and prepare for the following process:

•  examination and verification applicants' qualification;

•  on-site validation visit.

In this regard, the benefits of Gold Card Scheme and AEO program are rather similar. In comparison, here are the benefits of Gold Card Scheme and AEO program:

Gold Card Scheme benefits

AEO program benefits

•  Importation

Processing import procedures via "Green Line"

A manifest is written off after the clearance of goods

The goods are exempted from examination unless it is a random examination

•  Exportation

Processing export procedures via "Green Line"

The goods are exempted from examination unless it is a random examination

•  Drawback claims as well as tax and duty compensation claims are approved at the time of filing.

•  Other future privileges as determined by the Director-General.

•  Exemption from physical examination except other procedure/related laws otherwise stated or having reasonable suspicious.

•  In case of physical examination needed, the AEO cargo will be prioritized under special track provided.

•  In case of any doubt or controversial during the course of undertaking the Customs procedure or clearance, the operator can have a consultation process with the assigned competent officer or the customs committee at that Customs office to seek a solution.

•  In case that the goods sample(s) is required for laboratory analysis or assessment purposes before clearance of goods, the sample of AEO cargo will be taken and that shipment can be released before final determination except other laws or regulations pertaining customs otherwise stated.

•  Importation of goods in form of bulk cargo is not required to deposit the security.

•  The exported goods from Thailand will be recognized by the foreign Customs administrations through the Mutual Recognition Arrangement (MRA), which benefit to the clearance of goods in importing countries.

•  The privileges on re-export, transshipment, transit and duty drawback, duty compensation and duty free zone are simplified and enhanced as appropriate.

•  Instead of 5 normal year audit, the AEO Importer and exporter will be audited only for the last two years from the date of importation or exportation.

•  Customs incentives on legal proceedings will be simplified and enhanced as appropriate.

(United States) The companies who wish to apply AEO shall prepare a complete application form and necessary supplement documents, the qualifications are as follows:

Importer and Exporter Category

•  Being the juristic person registered in Thailand and having the paid-up capital not less than 5 million baht;

•  Having a stable financial status based on the profit shown in the financial statements certified by auditor and submitted to the Ministry of Commerce. With that regard, the applicant's business must gained profit for the last two accounting years retrospectively. Additionally, the applicant's financial status shall be certified by either the Federation of Thai Industries or the Thai Chamber of Commerce or the Thai National Shippers' Council or the Thai Airfreight Forwarders Association or the Thai Gold Card Importer & Exporter Association;

•  Carrying on its business related to import or export not less than three years and be able to undertake the customs procedure by electronic means according to the criteria prescribed by the Customs Department (e-customs), or hire the customs broker with AEO status or used to hire the licensed customs broker;

•  Having no customs offence record concerning smuggling according to Section 27 of the Customs Act B.E. 2469 (1926), the offence concerning document forgery and usage of such document according to the Thai Criminal Law. Thai Customs will retrospectively check the customs violation records for the last three years from the date of submission the AEO application form;

•  Having a control plan, a management and an assessment against the risks in doing safely business in accordance with the Guideline for the Security Measures in Supply Chain, details as attached to this Customs Notification;

•  Having an appropriate workplace for business and having the headquarters being located at the address as registered at the Department of Business Development, Ministry of Commerce;

•  Having never been revoked from the AEO status in the past three years from the date of submission.

Customs Broker Category

•  Receiving a permission from Thai Customs to be a Customs broker or licensed Customs broker according to the Customs Notification No 76/2552 dated 14th October 2009;

•  Being the juristic person registered in Thailand and having the paid-up capital not less than 1 million baht;

•  Being a member of a customs approved association and dealing with customs clearance of goods, not less than 3 years;

•  Having a stable financial status based on the profit shown in the financial statements certified by an accredited auditor and submitted to the Ministry of Commerce. With this regard, the applicant's business must gained profit for the last three accounting years;

•  Having no customs offence record concerning smuggling according to Section 27 of the Customs Act B.E. 2469 (1926), the offence concerning document forgery and usage of such document according to the Thai Criminal Law. Thai Customs will retrospectively check the customs violation records for the last three years from the date of submission the AEO application form;

•  Being able to undertake the customs procedure by electronic means according to the criteria prescribed by Thai Customs (e-customs);

•  Having, at least, one person of full-time customs expert, certified by Thai Customs and having workers or employees that are registered as operating staff for clearance of goods in the number proportionate to their workload;

•  Having a control plan, a management and an assessment against the risks in doing safely business in accordance with the Guideline for the Security Measures in Supply Chain, details as attached to this Customs Notification;

•  Having an appropriate workplace for customs broker business, located at the address as registered at the Department of Business Development, the Ministry of Commerce;

•  Having Brokers' license or the authorization under the licensed customs broker scheme and having never been revoked in the last three years from the date of submission.

(United States) The benefits for AEO operators are as follows:

•  Exemption from physical examination except other procedure/related laws otherwise stated or having reasonable suspicious.

•  In case of physical examination needed, the AEO cargo will be prioritized under special track provided.

•  In case of any doubt or controversial during the course of undertaking the Customs procedure or clearance, the operator can have a consultation process with the assigned competent officer or the customs committee at that Customs office to seek a solution.

•  In case that the goods sample(s) is required for laboratory analysis or assessment purposes before clearance of goods, the sample of AEO cargo will be taken and that shipment can be released before final determination except other laws or regulations pertaining customs otherwise stated.

•  Importation of goods in form of bulk cargo is not required to deposit the security.

•  The exported goods from Thailand will be recognized by the foreign Customs administrations through the Mutual Recognition Arrangement (MRA), which benefit to the clearance of goods in importing countries.

•  The privileges on re-export, transshipment, transit and duty drawback, duty compensation and duty free zone are simplified and enhanced as appropriate.

•  Instead of 5 normal year audit, the AEO Importer and exporter will be audited only for the last two years from the date of importation or exportation.

•  Customs incentives on legal proceedings will be simplified and enhanced as appropriate.

(Australia) At present, the draft Customs Act, B.E. …, which contains provisions on the above-mentioned issues, has been approved by the Cabinet. The draft is now under consideration of the Office of the Council of State.

(Mexico, Canada, Australia) The Ministry of Finance is in the period of reformation the import tariff structure for enhancing the ability of domestic entrepreneurs to compete and there are 2 phases. Phase1 is the reduction of import tariff structure for goods/products that cannot be produced by domestic manufacturers, such as machinery, tools and machinery supplies and this phase has been operated successfully since 30 December 2014. Phase 2 is the reduction of import tariff structure for goods/products that are not grouped in Phase 1.

(China) There are 3 major problems encountered during the implementation of tariff reduction in the APEC List of Environmental Goods.

(1)  The clarification of products. Most of the product's description is not practical for customs' administration

(2)  The mismatch between HS code and product's description identified in Annex C.

(3)  Not every of products under each HS code are environmental-related so it is difficult to convince stakeholders about reducing their tariffs. However, we will try to identify the specific environmental products with ex-out description under 8 digit HS code.

(Canada) Transposition tariff lines from HS2002 to HS2012 have no effects on bound rate.

(Mexico) The quota allocation is subject to the concerning committees, quota and allocations unused quota of TRQ products are allocated to various types of importers by different quota administration methods.

(EU, US) Although the BOI retains its authority according to the Investment Promotion Act Article 49-50, this measure has not been exercised since 2004.

(Russian Federation) Import surcharge principles and non-automatic licensing comply with the commitment of Thailand under the WTO.

(Russian Federation) According to the Notification of the Ministry of Commerce on the importation of goods (No. 74) B.E. 2533 (1990) dated 7 March 1990, the import surcharge refers to an addition fee impose on import of fishmeal with protein content of more than 60%. However, since 1 January 1998 until now, the import surcharge rate on such product is 0 baht per metric ton.

(Russian Federation) Oil cake residues, from the extraction of soybean oil is a TRQ product which has quota volume of 230,559 tonnes, the in quota tariff is 20 percent and out quota tariff of 133 percent. However, in the recent year, the applied rate for this product is 2 percent with unlimited import volume.

(Russian Federation) Thailand apply some measures to these products to: (1) stabilize price of raw material used for the animal feed; (2) control and monitor for proper use of these products.

(EU) TISI is in the process of drafting mandatory standards for pneumatic tyres, as list below, that are expected to complete in 2016, and will take effect around 2018.

(1)  Pneumatic Tyre for Motor Vehicles and Their Trailers

(2)  Pneumatic Tyre for Commercial Vehicles and Their Trailers

(3)  Pneumatic Tyre for Motorcycles and Mopeds

(Mexico) Article 5.1 of the Agreement on Safeguards allows Members to apply "safeguard measures only to the extent necessary to prevent or remedy serious injury and to facilitate adjustment" and give an opportunity to Members to "choose measures most suitable for the achievement of these objectives." In Thailand's view, provided that all conditions are met, any measure that reduces or restricts the volume of imported products in order to allow the domestic industry the opportunity to implement the adjustment plans is deemed to be appropriate. Safeguard measures can take a variety of forms. They may involve an increase of tariffs or quantitative restrictions or a combination of both in the form of tariff quotas. In practice, Thailand imposed only three safeguard measures, all in the form of additional duties.

(Australia) GATT 1944 Article 19, the Uruguay Round Safeguards Agreement, and in Article 5, the Special Safeguard Provision, on present Agriculture Agreement allow the country members to make temporarily action to raise their tariff with the special circumstances such as a surge in imports or price fall in order to restrict imports of a product with such products have to post in its schedules of commitments. Thailand has reserved the right to use the Special Agricultural Safeguard (SSG) on the listed of 52 tariff lines on the schedules of commitments on agriculture. However, the SSG has never been applied since then. If the SSG would applied, it is in line with the agreement under WTO.

(Mexico) The strategic plan (2016-2020) will focus on the TISI to elevate the standards of products and services (conformity assessment in line with the standards/services), to promote consumers' confidence and capacity building of entrepreneurs to increase competitiveness at regional and international levels.

(Russian Federation) Phytosanitary requirements for imports of agricultural products is a responsibility of Department of Agriculture and for exports of agricultural products is a responsibility of National Bureau of Agricultural Commodities and Food Standards.

For more information, please refer to: https://www.ippc.int/static/media/files/reportingobligation/2015/04/10/1309960296_NPPO_general_information_2013042321-18En.pdf.

(China) As of November 2015, there are 8 accredited environmental management system certification bodies. The list is available on website at http://www.tisi.go.th/eng/accreditation/item/76.html.

(Chinese Taipei) Mutual Recognition Arrangement on Automotive Products between the Thai Industrial Standards Institute of the Kingdom of Thailand and the Federal Office of Road Safety of Australia (See Notification G/TBT/10.7/N/22/Rev.1 ) .

This arrangement covers only road vehicles, equipment and parts originating in the countries of the Parties to the Arrangement. The Parties will mutually accept test reports for road vehicles, equipment and parts issued and/or certified by each Party as demonstration of compliance with technical regulations listed in Annex I and administered under the legislative, regulatory and administrative provisions listed in Annex II by the Thai Industrial Standards Institute of the Kingdom of Thailand and The Federal Office of Road Safety of Australia.

(Mexico) The Notification of Alcoholic Beverage Control Committee, regarding to Rule, Procedure and Condition for Labels of Alcoholic Beverage B.E. 2558(2015) became effective on 22 April 2015. In case of guidance document on the regulation had been provided for the propose of expressed their intention to intendment of law, not any effect like a law.

(Mexico) Thailand emphasize in all concerns, We have well-realised with the fulfilment of the TBT agreement. We are strongly believed that our policy is not based on trade barrier intention but to fulfil our ultimate goal of addressing alcohol-related problems and served the purpose of consumer's protection.

(Australia) According to the Cabinet Resolution as of 11 May B.E. 2553, government agencies have been authorized to transfer their responsibilities of inspection and certification to the private sectors for the purpose of lightening the government duties as well as responding to the farmers and manufacturers' demands. The responsibilities transferred to private sectors are limited to accredited laboratories and GAP/GMP inspection and certification. However, government agencies still responsible for policy development of SPS measures, issuance of health certificates and phytosanitary certificates for export, and supervising the operation of private sectors for transferred responsibilities.

(EU) A standard Pest Risk Assessment for the new market access request of prohibited articles normally take approximately 24 months. It may take more than 24 months if the information submitted by exporting countries is not adequate or both sides are not agreeable on proposed import conditions.

(Canada) Thailand has strictly controlled animal feed and human food by enforcing measures that are applicable, in a non-discriminatory manner, to both locally produced products and imported products. The Ministry of Agriculture has prohibited the use of Beta-Agonist, including ractopamine, in any animal feed production under Animal Feed Quality Control Act since 1982. Furthermore, under the Notification of the Ministry of Public Health in 2003, all food products sold in Thailand must not be contaminated with Beta-Agonist. Consequently, all meat products in Thailand are Ractopamine free.

The Codex Alimentarius Commission established MRLs for ractopamine in cattle and pig tissues in 2012. Risk analysis by Codex considers the safety of consuming in four kinds of tissue only while consumers in Thailand consume many internal organs. In addition, The information from additional risks assessment analysis of China for ractopamine in the other pig's tissues which the result was submitted to Joint FAO/WHO Expert Committee on Food Additives (JECFA) for evaluation shown that there is high level of ractopamine residues in such tissues.

Therefore, in terms of reviewing the Thai regulations with regard to MRL in food products, it has been discussed in overall picture with the relevant agencies, namely the Ministry of Agriculture and Cooperatives, Ministry of Commerce, Ministry of Public Health, Ministry of Science and Technology and Ministry of Industry which is concluded that the measures and legislation prohibiting the use of beta-agonist in animal feed and the residues are still implemented. The rationale behind such prohibit legislation is to protect consumer's health because Thai consumers consume the other pig's tissues which Codex does not set MRLs value.

(Russian Federation) The fees for domestically produced meat are collected under the Animal Slaughter Control and Meat Sale Act B.E. 2535 (1992) . The fees cover, among others, slaughter fee, fee for using slaughter house, and lairage fee or fee for using animal handling facilities before slaughtering. These fees are collected by the local administrative authority under the Ministry of Interior. This Act was enacted for the safety benefit for local consumption and supporting free trade in the country.

While the inspection fees for imported meat are collected in order to assure safety of meat product when importing to Thailand. The fees cover testing animal and animal products, including inspection process, collecting the sample, and laboratory diagnosis. The fees are under the regulation under the Animal Epidemic Act.

Therefore, these two types of fees are different in the perspectives of intentions and purposes of the fees.

In addition, the new Animal Epidemics Act is effective since 2014, however, it is awaiting for the implementing regulations which will result in a fivefold increase in inspection fees, from the current ceiling rates of B 20/kg (US$667/MT) to B 100/kg (US$3,330/MT) .

(Mexico) Notification of the Ministry of Public Health Re: Criteria, Procedures, Conditions for Displaying Statements about Dangers and Hazards of Consuming Tobacco Products on Cigarette Label pursuant to Tobacco Product Control Act B.E. 2535 (A.D. 1992) (No.18) B.E. 2558 (A.D. 2015) had been notified to the TBT Committee and in force since 30 September 2015 (See Notification G/TBT/N/THA/468 ) .

(Honduras) The draft Tobacco Consumption Control Act is being considered by the Council of State.

(Honduras) When the draft law was first submitted to the Cabinet, the Secretariat of the Cabinet invited comments from the relevant agencies, including the Ministry of Commerce and Ministry of Finance for the consideration of the Cabinet and the Council of State.

(Honduras) Scientific study or independent research on the Thai market has not been conducted. However, the empirical evidence based on Cigarette consumer's buying behaviors shows that they do not change brands frequently and they tend to remain loyal to particular brands for extended periods of time.

(Honduras) Thailand does not consider any additional measures.

(Honduras) The core mission of the Ministry of Public Health (MPH) is to promote public health, to ensure quality public health system and universal access to healthcare with participation of the people, communities and all sectors. The objective of the Tobacco Consumption Control Act is to reduce public health risks caused by tobacco consumption which is a legitimate public policy objective. Furthermore, there is no restriction in this Act to prevent the use of trademark.

(Honduras) Thailand has not implemented yet plain packaging measure to both tobacco products and alcoholic beverages. Moreover, Thailand does not plan to extent plain packing measure to alcohol product.

(Honduras) The Tobacco Consumption Control Act has not yet entered into force.

(EU) We cannot consider on extending the implementation period into a longer time frame anymore. Grace period that was given is a normal and reasonable time frame. However, additional time of 180 days is also given so that manufacturers would have enough time to comply with the regulation.

(EU) The use of word relate to quality or characteristics of a product such as "finest", "premium", "original", "rare" and "limited" can mislead consumers into believing that the product is better or special than other brand, according to various studies conducted by various academic institutions.

(EU) At present, the considering of selection a suitable picture is ongoing.

(Brazil) We cannot reconsider to extend an implementation period of the measure. The implementation period which remarked in the notification is reasonable because if compare to the same characteristic of other law that related to changing label's measure issue in Thailand, for example food, drug or tobacco this notification can be considered as a normal implementation period.

(Brazil) Base on TBT and TRIPS

TBT: on the issue of Technical Regulations and Standards - Article 2: Preparation, Adoption and Application of Technical Regulations by Central Government Bodies

With respect to their central government bodies:

Members shall ensure that in respect of technical regulations, products imported from the territory of any Member shall be accorded treatment no less favourable than that accorded to like products of national origin and to like products originating in any other country.

Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create. Such legitimate objectives are, inter alia: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment. In assessing such risks, relevant elements of consideration are, inter alia: available scientific and technical information, related processing technology or intended end-uses of products

TRIPS: Part I — General Provisions and Basic Principles Article 8 – Principles

Members may, in formulating or amending their laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this Agreement

(Brazil) Define by refer to measure presented in The Notification clearly,

The Labels of Alcoholic Beverage shall not use any messages as follows:

1.  The message which is unfair to consumers or leads to consequentially affected to social although these messages may relate to sources, condition, quality or characteristics of products or services including delivery, procurement or application of products or services;

The messages being regarded as unfair message to consumers or consequentially affected to social are defined as follows:

a.  the message which is false or exaggerated;

b.  the message which misleads the content of products or services although these messages  may refer to an academic report, statistical data or unrealistic or exaggerated information;

the message that directly or indirectly supports an illegal or morality or leads to discredit to  the national culture;

c.  The message that leads to disharmony or prejudice to the social or people.

The message which directly or indirectly persuades to consume or pretentiously exaggerates the benefit or quality of alcoholic beverage.

(Brazil) The Notification's implementation guide in Thai language was published in Office of Alcohol Control Committee's website since 27 September 2015.

(Brazil) The name of new regulation is "Notification of the Alcoholic Beverages Control Committee, Regarding to Rules, Procedure and Condition for Labels of Alcoholic Beverages B.E. 2558 (2015)" which the same main point as presented in Thailand's Draft Notification of Alcoholic Beverages Control ( G/TBT/N/THA/437 ) . For Technical guideline document had been provided for the propose of expressed their intention to intendment of law, not a law, thus can be sent this document to your embassy for translation

(US) This Notification has not defined to submit for verifying or any label approval process from Thai official in order to decrease procedure and difficulty to Alcoholic Beverage's manufacturers and importers. However, to provide facility, a manufacturers and importers could be consult to Office of Alcohol Control Committees, Department of Disease Control, Ministry of Public Health on Alcoholic Beverage's label and container issue. Office of Alcohol Control Committee not has priority to approve a label, the priority for issue a label hold by Excise Department. For prohibited texts, it presents clearly in the Notification as this follow:

The messages being regarded as unfair message to consumers or consequentially affected to social are defined as follows:

a.  the message which is false or exaggerated;

b.  the message which misleads the content of products or services although these messages may refer to an academic report, statistical data or unrealistic or exaggerated information;

c.  the message that directly or indirectly supports an illegal or morality or leads to discredit to the national culture;

d.  The message that leads to disharmony or prejudice to the social or people.

(Canada) Thailand has to consider the conditions rules and regulations of GPA, develop Thailand government procurement rules and regulation to comply with GPA and enhance the understanding of GPA to government agencies, government entities and suppliers before applying to the GPA member.

(US) The objectives of the new Public Procurement are to elevate the Regulations of the Office of the Prime Minister on Procurement B.B. 2535 (1992) to be Public Procurement Act, harmonized all procurement regulations of government agencies, local authorities, and state-owned enterprise, disclose public procurement information to public as much as possible in order to increase transparency, competition and fairness in public procurement.

(EU, Canada) Thailand has expected that the new Public procurement Act will be enforced in 2016.

(EU) Thailand is in the process of proposing draft Public Procurement Act for National Legislative Assembly consideration and amendment. However, the new Public Procurement Act will increase more transparency, efficiency and widely open for competition.

(Canada) The new Public procurement Act will cover all government agencies, state enterprises and local authorities.

(Canada, New Zealand) Thailand is in the process of proposing drafted Public Procurement Act for parliament consideration and amendment. However, the new Public Procurement Act will increase more transparency, efficiency and widely open for competition.

(Hong Kong, China) Thailand repealed the imposition of export tax on rice. Thailand's export taxes for wood and leather are primarily for the purpose of conserving the environment.

(EU) There is no mandatory import requirement applied to exporters to become a member of the food association for exporting crustaceans to the EU and US, however, the export requirements as mentioned in the Notification of the Ministry of Commerce on the Export Regulation of (No.43) B.E. 2530(1987) are applied in order to control the quality standard of "frozen or chilled shrimp", "frozen or chilled octopus", and "food with shrimp ingredient over 10 percent by weigh" exporting to the US and the EU as Thailand's major export market.

Exporting of such products to countries other than the US and the EU, the exporters shall not be required to be a member of Thai Frozen Food Association.

(EU) The product subject to the Notification of the Ministry of Commerce on the Export Regulation of Canned Tuna B.E. 2557 (2014) is "Canned Tuna" in various forms including whole or in pieces, but not minced of Tunas (of the genus Thunnus), skipjack (strip-bellied bonito) or bonito (Sarda spp.) in airtight can under the Thai Customs Tariff Code 1604.14.11 and 1604.14.19.

According to the Ministry of Commerce's Notification, the exporters of canned tuna to every country shall be a member of "Thailand Food Processors' Association" or
"Thai Tuna Industry Association". However, this regulation shall not be applied to canned tuna carrying out or taking out with a vehicle for consumption in such vehicle, as a sample product, or as an example for research in the amounts as necessary.

These two associations have authority to regulate the export system. However, each association can determine the criteria for applying for membership such as having the food manufacturing license from the Food and Drug Administration of Thailand, having the certificate on GMP/HACCP as the confirmation of announced intentions to practice the Food Safety Policy, IUU Fishing Policy and sustainable policy and ethical code of conduct of the Association in order to control their members to conform with their conditions and restrictions.

(Mexico) Advantages of Free Zone

All of the advantages a Free Zone Scheme can offer manufacturers and processors located in Thailand are numerous. A few main benefits that account for most of the companies that use a Free Zone Scheme are listed below:

1.  Relief from import and internal taxes/duties: imported merchandise, removed into or manufactured in a Free Zone for industrial or commercial operations or any other operations involving economic growth and development, is not subject to import taxes and duties. This includes: machinery, equipment, and parts; foreign merchandise; and merchandise transferred from other Free Zones. In addition the imported merchandise removed into or manufactured in a Free Zone is also not subject to Value Added Tax (VAT), excise taxes, alcohol tax, including tax stamp and fees under the Alcohol Act, Tobacco Act, and Playing-Card Act. Additionally, a "ZERO" tax rate is applied to calculate VAT for domestic merchandise removed into a Free Zone, provided that such merchandise subject to export duty or exempted from export duty under the Customs Act.

2.  Relief from export duty on re-exports: without a Free Zone, if a manufacturer or processor imports a component or raw material into Thailand, it is required to pay import taxes and duties at the time the component or raw material enters the country. However, a Free Zone is considered to be outside Thailand and Thai Customs territory. Accordingly, when foreign merchandise is brought into a Free Zone, no taxes and duties is owed until the merchandise leaves the Zone and enters Thailand for consumption. Only then is the merchandise considered imported and the duty paid. If the imported merchandise is re-exported to other countries, no Customs duty is charged.

3.  Relief from standard/quality control requirements: imported merchandise or domestic raw materials removed into a Free Zone for manufacturing, mixing, assembling, packing, or any other operations is relieved from standard/quality control requirements or any other similar requirements; provided that such merchandise is re-exported to other countries. Duty Exemption on Waste, Scrap, and Yield Loss: If the processor or manufacturer is conducting its operations within a Free Zone environment, the merchandise is not considered imported, and therefore scrap, waste, or yield loss from an imported component is exempted from import and internal taxes and duties, if applicable.

4.  Eligible for export tax refund/exemption schemes: merchandise entitled to export tax refund/exemption schemes when exported is still qualified for such schemes after it is removed into a Free Zone.

(Australia) The new regime is expected to enter into force on 1 January 2016.

(Australia) The future reformation of excise tax law will transform tax base, by using suggested retail price (exclude VAT) as tax base to meet the challenges of AEC and social outcomes. This will create fairness as goods imported and produced domestically are subject to the same tax base and enhance the transparency of the tax calculation and address the problem in which the previous excise tax system created.

(Australia) The Excise Department treats all the traders equally by applying the same tax rate to the same products. In detail, spirits tax burden will vary on their type and quantity not vary on the place of origins. Therefore, the same tax rate is applied on the same type of spirits.

(China) Currently the BOI does not provide incentives for Thai investors investing overseas.

(Mexico) Achievement reached for special economic zone (SEZ) in Thailand:

(1)  Designated 10 border SEZ areas namely: Tak SEZ, Sakaeo SEZ, Songkhla SEZ, Mukdahan SEZ, Trat SEZ, Nong Khai SEZ, NakhonPhanom SEZ, Chiang Rai SEZ, Kanchanaburi SEZ and Narathiwat SEZ.

(2)  Specified special investment privilege for border SEZ, for general activities and 13 target activities (Announcement of the Board of Investment No. 4/2014) .

General Activities

13 Target Activities

1. Additional corporate income tax exemptions of 3 years but not exceeding 8 years in total.

1. Exemption of corporate income tax for a period of 8 years

2. If the activities are in Group A1 or A2, which are entitled to 8 years corporate income tax exemption, then a 50 percent reduction of corporate income tax for next 5 years will be permitted

2. 50 percent reduction of the normal rate of juristic person income tax on the net profit deriving from the promoted activity for next 5 years

3. Permission to double deduct costs of transportation, electricity and water supply for a period of 10 years.

✓

4. Permission to deduct 25 percent of investment costs on the installation or construction of facilities.

✓

5. Exemption of import duty for machinery.

✓

6. Exemption of import duty for raw materials and essentials used in the production of products for export for
a period of 5 years.

✓

7. Permission to employ foreign unskilled workers for promoted projects (according to conditions determined by the Board.)

✓

8. Non-tax incentives.

✓

From February-August 2015, the Board of Investment approved 2 projects; total investment cost about 300 million baht in Tak SEZ.

(Mexico) Why SEZ would be more advantageous than the creation of a Free zone?

(1)  For Thai Government: the objective of border SEZ in Thailand is to enhance trade and investment in border areas and to decentralize economics activities, social activities to border areas. Thus, for decentralization objective, border SEZ is more appropriate than a Free zone which emphasizes on trade and investment in enclosed area, while Thai border SEZ also encompass surrounding communities so that not only investors but also the communities around the area will benefit.

(2)  For investors: special investment privilege in border SEZ is higher than in a free zone and also migrant labor can be legally utilized and it is not limited to export.

(Mexico) The requirements for benefiting from locating in SEZs are different from that of a free zone. To receive incentives from the BOI, not only must a project be located in the SEZs, but it also has to engage in activities eligible for investment promotion. In a contrary, in order to enjoy the benefit from locating in a free zone, a project is not required to engage in a specified activity.

(Australia) The BOI promotes investment in educational services i.e. vocational training center. The approved projects will be granted both tax and non-tax incentives, such as 8-year corporate tax exemption, import duty exemption on machinery, permission to own land for doing the business.

(China, Singapore) Under the new investment promotion scheme, ROHs is replaced by policies to promote IHQs which was defined as a company incorporated under Thai law that provides any of the following activities to their branches or "associated enterprises", whether located in Thailand or overseas. International Headquarters (IHQ) established in Thailand must conduct activities within the following scope:

(1)  Managerial services or technical services or

(2)  Supporting services which include:

•  General management, business planning, and business coordination

•  Procurement of raw materials and parts

•  Research and development

•  Technical support

•  Marketing and sales promotion

•  Human resource management and training

•  Financial advisory services

•  Economic and investment analysis and research

•  Credit management and control

•  Any other supporting services as stipulated by the Director-General of the Revenue Department

International Headquarters (IHQ) projects applying for the BOI investment promotion will receive the following incentives:

•  Permission to bring in skilled personnel and experts into the Kingdom to work in investment promoted activities

•  Permission to own land

•  Exemption of import duty on machinery (Only machinery for R&D and training activities)

•  Exemption of import duty on raw materials and parts for export purpose

•  Conditions to apply for privileges offered by the BOI

o  Must supervise associated enterprises in foreign countries or its foreign branches in at least one country

o  The paid-up registered capital must not be less than THB 10 million

The IHQ projects can also apply for the different set of incentives from the Revenue Department.

(Australia, Mexico, Canada) The main objective of SOE reforms is to increase efficiency and effectiveness, enhance transparency and accountability, and mitigate political abuses. One of the main processes is to set up the ownership structure (i.e. National holding company), which will be an independent supervision to manage and monitor the performance of major SOEs. This requires a new legislation that establishes the governance structure, outlining responsibilities of and relationships among the State Enterprise Policy Committee (SEPC), the State Enterprise Policy Office, National holding company, and SOEs. The draft Act comprises two main parts: the overseeing of SOEs and the establishment of the holding entity.

According to the governance structure in the proposed legislation, the SEPC will supervise 55 SOEs and will design policies in a macro perspective. These 55 SOEs are divided into 2 groups. On the one hand, National holding company will govern SOEs that are listed and limited companies (in the first stage of implementation) . On the other hand, the State Enterprise Policy Office will command the rest. Currently, the Act for establishing such governance structure is now being drafted and supervised by the SEPC. The proposed legislation is expected to be under the Cabinet's consideration by the end of 2015.

In addition to the above legal framework, the SEPC establishes "National Holding Company" Establishment Subcommittee to determine the action plan and timeframe for setting up National holding company, and propose the governance structure, budget, personnel and compensation scheme for National holding company.

(China) A guideline concerning mergers and acquisitions is currently under the consideration of the OTCC.

(Mexico) No, there has not been any case where conflicts between the NBTC and TCC arose.

(Mexico) Thus far, the two authorities have been in close cooperation in order to prevent and deal with any possible conflicts in a timely manner.

(EU) Trade Competition Act (under the responsibility of Ministry of Commerce) is now being revised. One of the key agenda is to include state own enterprises (with an exemption for some public interest purposes) within the scope of Trade Competition Act. Currently, Ministry of Commerce is still on the process to get approval from National Legislative Assembly.

We estimate the timeframe of less than two years starting from the submission of the draft to the Council of State to the publication of the law in the Royal Gazette.

(US) The Office of Trade Competition Commission does not have an authority over the licensing requirements referred to in the question.

(Chinese Taipei) No. There has never been an issue of Ministerial Regulation prescribing businesses which can be fully or partially exempted from the application of the law (Section 4(4) of the Competition Act), has never been issued

(China) The relevant provision on mergers and acquisition under the Competition Act 1999 is Section 26, prohibiting any mergers or acquisitions which may result in a monopoly or unfair competition as provided in the announcement published in the Royal Gazette.

(China) All violations to the Competition Act are subject to imprisonment of up to three years and/or a fine of up to six million Baht. However, because no case has reached trial, there has been no precedence on the circumstances where "imprisonment" will be imposed. There is no guideline on this matter

(Singapore) There was one case that reached the public prosecutor but it did not continue to trial as the public prosecutor did not find sufficient evidence to go to trial. Summary of decisions made by the TCC or the statuses of claims can be found on the website http://otcc.dit.go.th.

(Australia) Amendment of the Competition Act 1999 has been one of the major national reform issues under the current government since 2014. Last month, the National Reform Council submitted its draft amendment text to the Cabinet. The text was discussed among relevant government agencies. Currently, the Ministry of Commerce by the Office of Trade Competition Commission (OTCC) is in the process towards submitting its own amendment text to the Cabinet. The proposed areas of reform in both texts include coverage of application of the law, the establishment of OTCC as an independent body, and adjustment of the penalties to be suitable with the present situation.

(Australia) Among the proposed changes, the OTCC requested for the change of coverage of the law so that state-owned enterprises are excluded from the application of the law only for the operations according to the law or the public policy which are necessary for national security, public interests, maintenance of public benefits, or provision of public facilities. All the proposed changes will be subject to a parliamentary approval after consideration by the Council of State.

(Australia) There is a ceiling price for sugar sold in the domestic market, which have been fixed since 1984. The actual domestic market prices are determined by domestic market mechanisms, up to the limit of the ceiling price. Export prices are determined by the global market mechanisms and global prices. As such, there is no artificial relation between the domestic prices and export prices as both are determined by the respective market mechanisms.

(US) Thailand is preparing domestic procedures to access to the Hague Agreement Concerning the Registration of Industrial Designs.

(US) Thailand has not yet been party of the WCT, the WPPT, the Marrakesh VIP Treaty and the Beijing Treaty. The Department of Intellectual Property (DIP) under the Ministry of Commerce has however recently amended the Copyright Act B.E. 2537 by adding new provisions which are in line with the WIPO Internet Treaties and exception provision for persons with disabilities.

(Hong Kong, China; Mexico) Thailand is amending the Trademark Act B.E.2534 (1991) to support future accession of Thailand to the Madrid Protocol The draft amendment is under consideration of the National Legislative Assembly (NLA) . It is expected that Thailand will be able to accede to the Madrid Protocol at the beginning of 2016

(Australia) Thailand recognizes the importance of accepting the Protocol amending the TRIPS Agreement which is currently under consideration of the National Legislative Assembly (NLA) . It is expected that Thailand will be in a position to accept the Protocol in the beginning of 2016.

(US) The Department of Intellectual Property (DIP) under the Ministry of Commerce is the key agency responsible for protecting intellectual property rights, promoting creativity and innovation, and encouraging proper management of intellectual property as well as the commercial exploitation of IPR. Therefore, the DIP supports Higher Education Commission to set up the Technology Licensing Office (TLO) in order to manage their intellectual property rights and promote transfer and commercialization of patented technologies. Operating under the concept "From Lab to Market", the TLOs play an important role in paving the way for economic and social development by helping turn scientific progress into tangible products. The Technology Licensing Office (TLO) does not set any guideline for using IP at a commercial level.

(US) The objective of the future amendment of the Patent Act is to support accession of Thailand to Hague Agreement Concerning the Registration of Industrial Designs. It is still under consideration of the Department of Intellectual Property (DIP) under the Ministry of Commerce.

(US) Under Article 3 of the Patent Act B.E. 2522 (1979) "a product design is defined as any form or composition of lines or colours that gives a special appearance to a product and can serve as a pattern for an industrial or a handicraft product". Therefore, a graphical user interface (GUI) could be considered as elements of design or colors of product.

(EU, US, Japan, Chinese Taipei) The number of patent applications increases annually while the number of examiners is limited. According to statistics dated 30 September 2015, there are 28,025 pending patent applications. Currently, the Department of Intellectual Property (DIP) has 24 patent examiners handling approximately 8,000 patent applications yearly.

Thailand realizes that IP registration services can be further improved to ensure timelines and safe costs of doing business. In this connection, the Department of Intellectual Property (DIP) is holding a dialogue with the Office of the Civil Service Commission and in the process to seek for the approval to increase patent examiners.

The reduction of backlog has thus been the DIP's priority. We plan to increase the number of examiners in order to resolve bottlenecks, improve IT system to enhance IP registration efficiency, introduce legislative change to streamline the registration process, The DIP has maintained close cooperation with other IP Offices, especially the WIPO, ASEAN and Japan, to share patent information to facilitate the examination of the examiners.

(Japan) Section 35 of the Patent Act B.E.2522 (1979) provides that the patent will be protected for 20 year from the date of filing of the application in the country.

(Japan) According to the DIP's Manual for Examination of Applications for Patents of Inventions and Petty Patents of Chemical and Pharmaceutical Products, "use" which shows the procedure and method leading to concrete success is considered as "process" in accordance with Article 27.1 of the TRIPS Agreement, provided that the claim for medical use complies with the general principles contained in Section 5 of the Patent Act B.E.2522 (1979) (novelty, inventive step and industrial applicability) and is not in conflict with Section 9 of the Patent Act B.E.2522 (1979) .

The Decision No.1/2553 was rejected by the Patent Committee because the claims were considered as "the method for treatment" which are prohibited by Section 9 (4) .

(EU) Thailand has no plan to join the Patent Law Treaty yet. We have nevertheless engaged in cooperation with WIPO and EPO to optimize workflow.

(US) The ASEAN Patent Examination Co-operation (ASPEC) is the first regional patent work-sharing programme among 9 participating ASEAN Member States (AMS) IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Viet Nam. The programme was launched on 15 June 2009.

The purpose of the ASPEC is to share search and examination results between the participating offices to allow applicants in participating countries to obtain corresponding patents faster and more efficiently. The programme would reduce duplication on the search and examination work done, thereby saving time and effort. Additionally, search and examination work done on a corresponding application serves as a useful reference in producing quality reports. Recently, Thailand received 28 ASPEC routed applications which are from Singapore, Malaysia, and Indonesia.

(EU) Article 39.3 of TRIPS requires Members to protect undisclosed test and data submitted to regulatory authorities against unfair commercial use. Thailand's Ministry of Public Health has observed the obligation on data protection through the issuance of the Ministry of Public Health Regulation on the Protection of Undisclosed Drug Registration Data B.E. 2550 (2007) which provides that the pharmaceutical test data submitted for marketing approval shall be protected against disclosure and unfair commercial use. The use of or reference to or reliance on any disclosed scientific knowledge on the safety and efficacy of a drug in the public domain in support of the marketing authorization of generic products by generic manufacturers is allowed and in compliance with the obligation under Article 39.3 of TRIPS.

(China) Thailand confirms its commitments to protect trademarks in accordance with the TRIPS Agreement. The tobacco plain packaging has not been implemented yet in Thailand. The objective of the Tobacco Consumption Control Act is to reduce public health risks caused by tobacco consumption which is a legitimate public policy objective.

(US) Thailand confirms that the new regulation requires health warnings on all cigarette packages to cover 85% of a package (up from 55%), thus restricting the existing size of trademarks on tobacco product labels; the relevant registered trademarks are still protected under the Trademark Act. Thailand has not implemented yet plain packaging measure to both tobacco products and alcoholic beverages. If yes, it would apply to both domestic and foreign products on a non-discriminatory basis

(Japan) According to the Central Intellectual Property and International Trade Court's official website, there are 41 civil cases and 28 criminal cases filed against willful misappropriation or disclosure of trade secrets/undisclosed information from 2002 to 2014

(EU) Even though Thailand has not yet joined the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), the Department of Intellectual Property (DIP) under the Ministry of Commerce has recently amended the Copyright Act B.E. 2537 by adding new provisions which are broadly in line with the Treaties. On February 5, 2015, the Copyright Act (No.2) B.E. 2558 and the Copyright Act (No.3) B.E. 2558 were published in the Government Gazette and came into force on August 4, 2015 and April 6, 2015 respectively.

The Copyright Act (No.2) B.E. 2558 was designed to improve the protection for copyrighted works on the Internet as well as to solve the problem of online piracy in Thailand. The amended law covers the following provisions:

•  protection of technological protection measures;

•  protection of rights management information;

•  limitations on ISP's liability;

•  exhaustion of rights;

•  exception for temporary reproduction;

•  moral rights of performers;

•  punitive damages; and

•  allows the court to give an order that such things are unusable or issue an order to destroy such things whereas the infringer shall be liable to any cost of such.

(US) The Department of Intellectual Property (DIP) under the Ministry of Commerce has recently amended the Copyright Act B.E. 2537 by adding new provisions which are in line with the Treaties. On February 5, 2015, the Copyright Act (No.2) B.E. 2558 and the Copyright Act (No.3) B.E. 2558 were published in the Government Gazette and they came into force on August 4, 2015 and April 6, 2015 respectively.

The Copyright Act (No.2) B.E. 2558 was designed to improve the protection for copyrighted works on the Internet as well as to solve the problem of online piracy in Thailand by adding several provisions including the provisions on protection of technological protection measures. (Section 53/4 and section 53/5 of the Copyright Act B.E. 2537 as amended by the Copyright Act (No.2) B.E. 2558 and the Copyright Act (No.3) B.E. 2558) .

Even though there is no specific landlord liability provision, in any case, if there is strong evidence that a landlord is a principal, an instigator or a supporter in committing an infringement of intellectual property rights, an injured person is able to make a complaint to the competent official to carry out criminal proceedings against the landlord of the place where an infringer sells infringing products in accordance with section 83, section 84 or section 86 of the Thai Panel Code.

(US) Article 54 of Copyright Act B.E. 2537 (1994) allows a Thai national, who desires to seek a copyright license for a work which has already been registered but has not been translated into the Thai language for the benefit of study, teaching or research without a profit-seeking purpose, apply for a compulsory license to translate a work into Thai or to reproduce a translation published in Thai, under special circumstances. Since this regulation was published, there has not been any application for the translation reproduction licence.

(US) Thailand is not a major manufacturing site but the country remains market for IPR infringing goods. The Department of Intellectual Property of Thailand focuses its efforts more on public education and awareness campaigns to nurture a respect for IP rights. This tackles the problem at its roots and we believe this will be a long-term solution.

(EU) The Thai Customs Department focuses its enforcement efforts on trademark counterfeiting and copyright piracy at the border. With respect to trademark protection, a rights holder can file a Customs trademark recordation form with Department of Intellectual Property (DIP) and the information will be published in http://www.thaiipr.com. Customs officers can ex-officio or take actions based on the recordation submitted to intercept shipment containing goods suspected of infringing trademark. Regarding copyright, since there is no copyright registration, rights holder must make a request to Customs for suspension of release of goods and provide guarantee or file a complaint with the police and notify customs officers. Most border measures are taken against trademark counterfeiting. Copyright owners seldom file a request for suspension of suspected pirated goods.

The Thai Customs Department has recognized that the trade in counterfeit and pirated goods is posing increasing risks for the country. Various actions have been initiated to assist Customs in combating counterfeiting and piracy. Thai Customs established a specialized unit called "IPRs Coordination Center" under the Investigation and Suppression Bureau to focus mainly on IPRs related issue e.g. advises Customs officers on IPR matters, liaises with rights holder and etc. Several tools have been deployed e.g. online Customs trademark recordation database, Word Customs Organizations Interface Public Members (IPM) system and etc. Also, Thai Customs utilizes risk management indicators to locate suspicious shipments and actively monitor the postal system for goods suspected of infringing IPR and have noticed a large increase in this method of distribution, in recent years.

The challenges that Thai Customs faces concerning trademark protection are that the rights holder does not file Customs trademark recordation, is not present on the scene to inspect the goods especially when the quantity is small or when seized at the remote border or grant power of attorney to the representative only for trademark registration not for trademark enforcement.

(Australia, Japan) As far as trademark inspection is concerned, the process can be initiated by both rights holders and customs officers. Rights holders can file a recordation or inform Customs of any suspicious shipments or Customs can act ex-officio. With regard to copyright, rights holder must make a request to Customs for suspension of release of goods. In ex-officio cases, the rights holder has to formally request a suspension of release of goods within 24 hours after being notified by Customs. When the rights holder cannot determine immediately whether the goods are pirated or counterfeit or not, he/she will be given another 10 days to verify. If the goods are found trademark or copyright infringing, the case will be transferred to the Customs Legal Bureau for administrative settlement or prosecution. After the case is finalized, the infringing goods will be destroyed at the government expense.

Section 24 of Customs Act, B.E. 2469 (1926) provided that any article liable to forfeiture under this Act may be seized at any time and any place by the Customs officers, administrative or police officers.

With regard to Customs offence, the Customs Department is responsible for initiating court proceedings within 15 years from the date the offence is committed.

The rights holder is responsible for verification of the authenticity of the suspected goods and will have to stand as a witness in court.

(Australia) It is very unlikely to draw a conclusion or pattern on our seizures statistics. While the number of cases went up, the quantity of goods decreased by 40%.

(Japan) The Thai Customs Department focuses its enforcement efforts on trademark counterfeiting and copyright piracy at the border. With respect to trademark protection, a rights holder can file a Customs trademark recordation form with Department of Intellectual Property (DIP) and the information will be published in http://www.thaiipr.com. Customs officers can ex-officio or take actions based on the recordation submitted to intercept shipment containing goods suspected of infringing trademark. Regarding copyright, since there is no copyright registration, rights holder must make a request to Customs for suspension of release of goods and provide guarantee or file a complaint with the police and notify customs officers. Most border measures are taken against trademark counterfeiting. Copyright owners seldom file a request for suspension of suspected pirated goods.

(Australia) The income compensation for low-income group project is granted to assist the farmers to earn enough income for their livelihood due to the severe drought. The compensation is 1,000 baht per rai to the maximum of 15,000 baht per households. The target farmers are the ones who planted in-season rice crop in 2014/2015 and registered and certified by the Department of Agricultural Extension. The farmers will receive money transfers through accounts opened with the Bank for Agriculture and Agricultural Cooperatives.

Minimization of the production cost of rice is the short-term project to help farmers to access cheaper inputs. The government has requested the cooperation from entrepreneurs to sell their inputs (such as seeds, fertilizers and pesticides) in fair price to farmers.

(Australia) Currently, Thailand has about 20 percent of irrigated agricultural land while suffering from a severe drought. Therefore, the promotion of integrated water management is needed in order to increase the efficiency of agricultural land for farmers in the area of ​​irrigation water thoroughly and fairly by the administration of water supply and drainage. Also, the irrigated areas were increased by the construction of new water delivery system with the scientific principle selection, the supply of water in the farms and communities including the prevention and mitigation of floods and droughts with the construction of the flood way. The irrigation system provides under this scheme is mainly on farm assistance. The land development is to restore soil in cultivated areas continuously by providing the knowledge transfer in improving soil substances and developing their own organic fertilizer etc. There is no incentive in money at all. The measures are taken to support irrigation and land development for sustainable solutions in agriculture.

(Russian Federation) The six guidelines of the MOAC roadmap 2015 are the structural and mechanical development and supports with covering the impact mitigation of natural disasters. They are also included improving the regulatory in accordance with international standard and commitment and area-based agricultural extension without focusing on specific products.

(Australia) Thailand need to concentrate on production technology, research and development, and processed food in value chain intensively in order to increase the value of products.

(Russian Federation) Marketing Organization for Farmers (MOF) and the Public Warehouse Organization (PWO) are state enterprises. Thai Food Processors' Association is an importer of soybeans to be processed into soybean oil for domestic consumption. The Cooperative of Onion farmers is an importer of onion seed for domestic supply of onion.

(Russian Federation) For some certain products, there are several sources of import other than from WTO member countries such as:

(1)  Garlic can be imported under ASEAN-CHINA FTA and AFTA with preferential tariff.

(2)  Maize can be imported from ASEAN neighboring countries with zero tariff rates under AFTA.

(3)  Palm oil can be imported from ASEAN neighboring countries with zero tariff rate under AFTA.

Hence, WTO quotas are under-utilised.

(Russian Federation) The designated of eligible importers for some products are consider on the basis of the actual request, actual import, actual production capacity, and historical import data. These mechanisms are for making sure of actual use of the import products.

(Russian Federation) The only users of soybean cake in Thailand are those in the stock feed business. The quotas allocation for soybean cake is on "Licensing on Demand" basis. There is no selection bias.

(US) Thailand's TRQ allocation aims to facilitate trade-flow and reflects local demand. The expansion of import quotas for certain products are taken when there is an increasing in demand, such as:

•  Milk powder: from bounded 55,000 tonnes to 77,172 tonnes.

•  Potatoes: from 302 tonnes to 45,000 tonnes

•  Soybeans: from 10,922 tonnes to unlimited with tariff rate of 2 % instead of 20% as bounded.

Normally, the committee's decision of expanding the quotas and reduction of tariff for TRQ products with excess demand will be announced in 3-years time period in advance. This process will facilitate the entrepreneurs in planning their importing strategy. The quota allocation is based on "Licensing on Demand" manner. Eligible importers can submit their requests to concerned committee. Generally, the committee would issue license for importing these products.

(EU) GATT1944 Article 19, the Uruguay Round Safeguards Agreement, and in Article 5, the Special Safeguard Provision, on present Agriculture Agreement allow the country members to make temporarily action to raise their tariff with the special circumstances such as a surge in imports or price fall in order to restrict imports of a product with such products have to post in its schedules of commitments. Thailand has reserved the right to use the Special Agricultural Safeguard (SSG) on the listed of 52 tariff lines on the schedules of commitments on agriculture. However, the SSG has never been applied since then. If the SSG would applied, it is in line with the agreement under WTO.

(Australia) To release 17 million tonnes of rice stockpiles in Thailand, the Government has taken inclusive measures for good management and gradually set up auctions for both domestic and export purchases. The released amount shall be carefully considered by all stakeholders and conducted with transparency approach in order not to affect the domestic prices and the global market prices.

(Australia) The income compensation for low-income group project is granted to assist the farmers to earn enough income for their livelihood due to the severe drought. The compensation is 1,000 baht per rai to the maximum of 15,000 baht per households. The target farmers are the ones who planted in-season rice crop in 2014/2015 and registered and certified by the Department of Agricultural Extension. The farmers will receive money transfers through accounts opened with the Bank for Agriculture and Agricultural Cooperatives.

Minimization of the production cost of rice is the short-term project to help farmers to access cheaper inputs. The government has requested the cooperation from entrepreneurs to sell their inputs (such as seeds, fertilizers and pesticides) in fair price to farmers.

Reduce interest rate for wet season cropping in year 2014/2015 – by 3 percent/year. The maximum loan amount is 50,000 baht/person (1,430 USD), and loan period does not exceed 6 months.

(Canada) Yes.

(Canada) Yes.

(Chinese Taipei) Please see page 124 paragraph 4.99 for details on liberalization of market access for foreign banks. Further policy implications regarding foreign banks are conditional on the new foreign banks' performance and resulting impact on the Thai financial system, which remain to be evaluated as the new entrants have just recently begun their operations. FSMP III is now under the BOT's consideration and the information is not publicly available yet.

(Hong Kong, China) Since 2011, two new foreign commercial bank subsidiary licenses and one branch to subsidiary upgrade have been granted. The license application process is based on prudential measures to ensure that only strongly committed banks of appropriate financial strength can become licensed. Further policy implications regarding new foreign bank licenses are conditional on the new subsidiaries' performance and resulting impacts on the Thai financial system, which remains to be evaluated as the new entrants have just recently begun their operations.

The criteria for granting banking licenses are clearly specified through the BOT Notifications. Any interested applicants might inquire for further details during their application processes from time to time. Since 2011, the banks that applied for licenses successfully met those criteria.

(Hong Kong, China) The OIC cannot adopt the recommendation because it would be a violation of the insurance law as stated in Sections 7 and 8 of the Life Insurance Act B.E. 2535 (1992), amended by the Life Insurance Act (No.2) B.E. 2551 (2008) and Sections 6 and 7 of the Non-life Insurance Act B.E. 2535 (1992), amended by the Non-life Insurance Act (No.2) B.E. 2551 (2008) . The Insurance Acts prescribe the requirements in which an insurance company must comply with in order to obtain a license and operate in Thailand.

The full text of the Insurance Acts can be found at: http://www.oic.or.th/upload/lifeinsurrance/download/883-4137.pdf; http://www.oic.or.th/upload/nonlifeinsurrance/download/884-9305.pdf

(Australia) The plans and timeline: According to Section 70 in the Private Investment in State Undertaking Act B.E. 2556 (2013), the state-owned enterprises or the host of BTO (Build-Transfer-Operate) project are required to set up contingency plan after the termination of the concession agreement.

(Hong Kong, China) Yes, all operators are equally treated on the same regulations by law.

(EU) Thailand can ensure the investors that frequencies allocated free-of-charge on public grounds will not be used to compete in the market place. Frequency bands allocated free-of-charge on public grounds are used with unlicensed conditions, or provided to the public based on public welfare and not through the market place. According to the Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services B.E. 2553 (2010), all frequency bands allocated for telecommunication business must have gone through auction processes and NBTC will insist this principle to future amendments made to the Act.

(EU) There is no reference to public International Gateway (IG) in the Cyber security Bill.

(EU) In accordance to Section 8 (1) of Telecommunication Business Act B.E. 2544 prescribed the Commission may prescribe the prohibition that the applicant for certain nature or categories of telecommunications business who is a juristic person, shall not commit any other act which has the nature of business takeover by a person who is not of Thai nationality.

(EU) The Notification is based on the authority given by the Telecommunications Business Act B.E. 2544 (2001) amended by (No. 2) B.E. 2549 (2006) . The Notification regulates only Thai companies not foreign companies. Therefore, the Notification does not incorporate any new limitations to national treatment elements.

(Chinese Taipei) At the present, The Telecommunications Business Act B.E. 2544 amended by (No. 2) B.E. 2549 (2006) in regards of the applicant for a Type Two and Type Three licenses shall not be a foreigner under the law on foreign business. In pursuant to the Foreign Business Act B.E. 2542 (1999), the foreign shareholding shall not exceed 49% not 25%, respectively.

(Singapore) To be eligible for investment promotion for maritime transportation services, an investment project must comply with the criteria of the Marine Department. There is no foreign equity restriction for this activity.

(Hong Kong, China) At present, there is no provider owned by foreigners.

(Hong Kong, China) Tourism promotion services and activities to support tourism which are listed on the BOI list of eligible activities are eligible for tax and non-tax incentives from the BOI. Conditions for eligibility vary from activity to activity. Foreign investors receive equal treatment to local investors.

(China) The analysis composes of ten questions to be clarified by the government agencies, such as: what are the objectives and goals of the proposed legislation? What are burdens of individuals caused by the proposed legislation? What are working process and audit method? What are the results of public consultation (if any)?

(US) The FTA between Thailand and India is a Comprehensive FTA that includes Trade in Goods, Trade in Services and Investment. Currently, the FTA negotiations have been progressed more than 90 percent. Both countries will notify the scope of the FTA after the negotiation has been concluded.

(US) ASEAN has concluded seven Mutual Recognition Arrangements (MRAs) to facilitate the movement of ASEAN professionals through recognition of their qualifications: (1) MRA on Medical Practitioners; (2) MRA on Nursing Services; (3) MRA on Dental Practitioners; (4) MRA on Architectural Services; (5) MRA on Engineering Services; (6) Framework Arrangement for the Mutual Recognition of Surveying Qualifications; and (7) MRA on Accountancy Services.

(Norway) With regard to the progress in implementing AEC measures, Thailand is of the view that, out of the remaining measures, ASEAN will be able to achieve the so-called 'high priority measures' which are identified as those with greatest impact on trade and could be realistically implementable by the end of 2015, such as the elimination of tariff, the harmonization of standards and conformance, the completion of competition laws in several ASEAN Member States, the development of Strategic Plan of Action for SME Development 2025, the ratification and entry into force of the 6^th Package of Financial Services commitments under ASEAN Framework Agreement on Services, the arrangement of ASEAN+1 FTAs etc. However, as agreed by ASEAN member states, the implementation of unfinished measures will further be completed by the end of 2016.

Meanwhile, ASEAN Economic Ministers have agreed that some remaining measures, which are the mega projects requiring continual process, budget and resources for full implementation, particularly measures on infrastructure development, will also be deferred and prioritized under the post-2015 agenda.

Currently, Thailand is in the process of studying and assessing the impact of TPP Agreement at both country and region levels, since its full text has recently been released. Therefore, Thailand views that it is too early to conclude whether these different frameworks will create spillover positive effects or limit the full potential for economic growth in the region.

Total

1,949

1,345

548

365

169

17

4,393

Remark:  1)  Other service businesses under List 3(21) of FBA e.g. lending to affiliate, rental service, leasing,  hire purchasing, repair of products in particular brand.

 2)  Other businesses e.g. auctioning, advertising business.

 3)  Juristic person registered in countries not stated specified listed in table.

(New Zealand, Norway, Singapore) Thailand undertakes a review of the Foreign Business Act B.E.2542 (1999) annually with a view to improving investment environment. For example, securities businesses and other businesses under the law on securities and securities exchange, derivatives business under the law on derivatives, and serving as a trustee under the law on trust for transactions in capital markets are excluded from the application of List 3 with the issuance of the Ministerial Regulation Prescribing Service Businesses Not Subject to Application for Foreign Business Permission, B.E. 2556 (2013) .

(Norway) In practice, the Thai Revenue Department takes the tax status of the beneficial owner of investments in the publicly held investments in consideration for determining the relevant international tax treatment rather than the legal owner status. Thailand has many Double Tax Agreements (DTAs) with many countries, and it is covered in the treaty policy that Thailand will use the beneficial owner basis to determine the true beneficiary for tax treatment in accordance with the OECD framework for DTA. However, some of the older DTAs might not cover this topic; nevertheless, Thailand is looking to update the DTA to the current standard.

(China) At present, there is no restriction on foreign equity participation in securities business in Thailand and no limitation on licensing quota. In addition, all securities business licenses are subjected to approval by the Securities and Exchange Commission of Thailand (SEC) under Securities and Exchange Act and the related laws and regulations.

(Japan) That is correct, the exemption period has expired.

(Canada) The ratification of the Convention is under consideration of relevant authorities.

(EU) When the Customs officers have found that the provided information meet with the Customs laws and related Notification, the Customs officers will issue the ruling respectively.

(China) Gold Card Scheme was one of the measures to facilitate Customs Procedure for importer and exporter. The Customs Department would grant the gold card status for importers or exporters with good record and reliable background with a privilege on Customs procedure.

Qualification of Importer and Exporter to apply for Gold Card Scheme

(1)  Being the juristic person registered in Thailand

(2)  having the paid-up capital not less than 5 million baht

(3)  Carrying on its business related to import or export not less than three years and be able to undertake the customs procedure by electronic means according to the criteria prescribed by the Customs Department (e-customs), or hire the customs broker with privilege status.

(4)  Being member of the Federation of Thai Industries or the Thai Chamber of Commerce or the Thai National Shippers' Council or the Thai Gold Card Importer & Exporter Association. Having a stable financial status based on the profit shown in the financial statement and approved by those associates.

(5)  Having a stable financial status based on the profit shown in the financial statement certified by auditor and submitted to the Ministry of Commerce. With that regard, the applicant's business must gained profit for the last three accounting years retrospectively.

(6)  Having no record, in the customs offence concerning smuggling according, the offence concerning document forgery and using such documents according to the Thai Criminal Law. The Customs Department will retrospectively check the historical record in customs violation three years from the date of submission.

(7)  Deposit a bank guarantee, securities or otherwise guaranteed approved by the Customs Department in the amount of 2 million baht. In case of being member of "Clear Customs Project" the bank guarantees Insurance will be reduce to 1 million baht.

(8)  Having an appropriate workplace of business and having headquarter being located at the address as registered at the Department of Business Development, Ministry of Commerce.

Benefit for Importation

•  Processing import procedures via "Green Line"

•  A manifest is written off after the clearance of goods

•  The goods are exempted from examination unless it is a random examination

Benefit for Exportation

•  Processing export procedures via "Green Line"

•  The goods are exempted from examination unless it is a random examination

•  Drawback claims as well as tax and duty compensation claims are approved at the time of filing.

•  Other future privileges as determined by the Director-General.

(China) As from 2013, the beneficiaries of Gold Card Scheme are being shifted to the Authorized Economic Operator (AEO), Gold Card status expired on 1 October 2013. Thus, the Thai Customs Department adopted the SAFE FoS by signing in Letter of Intent on May 9, 2006 to stimulate and express the intention to implement WCO SAFE FoS. AEO Programme under the pillar two of WCO SAFE FoS was fully implemented on February 2013 for exportation and importation cover two categories of operators;

(1)  importer/exporter

(2)  customs broker

Its framework highlights on global trade security as well as the global trade facilitation and emphasizes on the security measure of the operators.

(US) The Customs department has issued the Customs Act (No.21) B.E. 2557, the Customs Act (No.22) B.E. 2557 and the Act Amending Emergency Decree on Customs Tariffs B.E. 2530 (No.8), B.E. 2557. The changes introduced include the provisions on the definition of "transit" and "transshipment", the introduction of advance rulings, and the provision that electronic data shall be as legally binding as a customs procedure done by paper documents.

(Colombia) The measures customs takes to prevent corruption are e-customs system with published manuals for private sectors, and developing National Single Window system, the system transmits data information involved in licenses directly between the customs and other relevant agencies.

(Canada) The Ministry of Finance is in the process of reformation the import tariff structure.

(Mexico) With regard to the issuance of electronic advance rulings on valuation system, we would like to inform that the policy has been suspended due to developing of the electronic system has not yet completed.

(Colombia) The advance ruling regulation was issued as the Customs Act no.21 B.E. 2557 and the notification no.38 B.E.2558. The case studies which are modified from advance ruling are on the process to be electronically published on the Thai customs website soon.

(US) The provisions on penalties and intent have been reviewed with a view to ensuring that penalties are proportional to the degree of wrongdoing. The provisions relating to the reward scheme have also been reviewed. At present, the draft Customs Act, B.E. …, has been approved by the Cabinet. It is now under consideration of the Office of the Council of State.

(Mexico) The relevant factors according to section 12 of the Customs Tariff Decree B.E. 2530 are national economy, public welfare or national security.

(New Zealand) The tariffs on 43 products out of 54 products in APEC EGs list have been reduced to 5% or less. The remainder is subject to the consideration of the Ministry of Finance and other related agencies.

(China) Tobacco tariff exemption is implemented according to the agreement of ASEAN. But the agreement of ASEAN-China hasn't referred to tariff reduction and exemption yet.

(US) Although the BOI retains its authority under Article 49-50 of the Investment Promotion Act, Thailand still monitors the WTO consistency of all measures when exercising one and has successfully managed to steer clear of the measure since 2004.

(US) During the current review period (2011-2015), there has not been any import ban of this nature.

(US) Unlike other goods, pharmaceutical products directly affect humans' or animals' health and lives. The public must be assured of their quality, safety, and efficacy before administering them. Importing license is one of the health necessary measures imposed by the National Drug Regulatory Authority (i.e., FDA, Thailand) to ensure that only assured quality medicines will be available to the public. With regard to stone, it is to administer the importation and utilization of marble and building stone.

(EU) To administer the importation and utilization of marble and building stone. The products that require for import licensing are under HS 2515 (except 2515.12.10), 6802.21.00, 6802.23.00, 6802.29.10 and 6802.29.90.

(EU) The import permit is granted consistent with the need for utilization.

(EU) Thailand is always compliance with WTO commitments.

TISI is in the process of drafting mandatory standards for pneumatic tyres, as list below, that are expected to complete in 2016, and will take effect around 2018.

(1)  Pneumatic Tyre for Motor Vehicles and Their Trailers

(2)  Pneumatic Tyre for Commercial Vehicles and Their Trailers

(3)  Pneumatic Tyre for Motorcycles and Mopeds

(Colombia) Standard used globally as a reference in the production and trading. We used international standards (i.e. ISO and IEC) as references.

(China) Main bodies are responsible for standards and accreditation of organizations for conformity assessment: the Thai Industrial Standards Institute (TISI), under the Ministry of Industry; and the National Bureau of Agricultural Commodity and Food Standards (ACFS), under the Ministry of Agriculture and Cooperatives responsible for accreditation of organizations for conformity assessment.

(Colombia) Under the review process for all new legislation proposals established in 2005, by a Royal Decree, all government agencies are required to conduct RIA before submitting any draft act to the Cabinet. The analysis composes of ten questions to be clarified by the government agencies, such as: what are the objectives and goals of the proposed legislation? What are burdens of individuals caused by the proposed legislation? What are the results of public consultation (if any)?

(EU) Thai Industrial Standard on Ceramic Tiles (TIS 2508: 2555(2012)) uses ISO 13006:1998 as reference. Although ISO standard 13006:1998 has currently been revised to become ISO 13006:2012, there is no change in the content of the standard and therefore is not different from TIS 2508: 2555(2012) to a large extent.

(EU)

(1)  TISI Product certification is carried out by using system 5 as specified in ISO/IEC 17067.

(2)  TISI is not allowed to operate product certification for manufacturers in the country of origin. Due to the provisions of the law, product certification is license for importer

(Mexico) Thai Industrial Standard on Ceramic Tiles (TIS 2508: 2555(2012)) uses ISO 13006:1998 as reference. Although ISO standard 13006:1998 has currently been revised to become ISO 13006:2012, there is no change in the content of the standard and therefore is not different from TIS 2508: 2555(2012) to a large extent.

(Mexico) None.

(Colombia) None

(Colombia) None

(Colombia) Thailand Accreditation is operated under the Standardization Act B.E. 2551 (2008) as one single network. The network includes:

•  Office of the National Standardization Council of Thailand (ONSC), the Thai Industrial Standards Institute (TISI): provide accreditation to certification bodies, inspection bodies, testing and calibration laboratories.

•  Department of Science Services (DSS): provides accreditation to testing laboratories in the fields of Physics, Chemistry, and Bioscience, as well as proficiency testing program providers

•  Department of Medical Sciences (DMSc): provides accreditation to public health, testing and medical laboratories.

•  The National Bureau of Agricultural Commodity and Food Standards (ACFS): provides accreditation to food safety certification bodies as well as product certification bodies for Good Agricultural Practice.

The details are available on website at http://www.tisi.go.th/eng/index.php/item/126.

(Chinese Taipei) At present, Thailand policy on participation in APEC MRA on Conformity Assessment of Telecommunications Equipment is unclear. Even though we didn't participate in MRA, the NBTC issued the notifications that can accept the result of testing lab in foreign countries and the process is quicker.

(US) The Department of Livestock Development has banned the use of beta agonist compounds in feed and food, including ractopamine both in domestic as well as import since 2003. Risk analysis by Codex considers the safety of consuming 4 kinds of tissue only while consumers in Thailand consume many internal organs. The information from the additional study of China which evaluated by JECFA expert found high-level residues in other internal organs. Thailand maintains a monitoring and surveillance programme for illegal use of beta-agonists, such as collection of samples of animal feed and animal urine to determine the residues at farm, animal quarantine checkpoints and slaughterhouses.

(Russian Federation) Normally, the feed exporting establishments must apply with GMP/HACCP following CODEX and importing country requirements. After they pass GMP/HACCP, they will receive DLD feed establishment code "VCN: Veterinary Control Number". The DLD feed auditors will audit feed mills for GMP and HACCP certification at least once time per year. The GMP/HACCP certificates have valid for 3 years. Normally, Thailand does not have a central agency to conduct risk assessment specifically. We issue regulations in accordance with international standards. When international standards do not exist, the concerned agency is responsible for conducting risk assessment for such regulations.

(New Zealand, US) The current Thai laws does not specifically cover marketing of food for infant and young children. Therefore, the Milk Code was drafted to address the issue and was approved by the cabinet on December 1, 2015. The Draft is consistent with the MFN and National Treatment under the WTO GATT 1957, since the Milk Code will apply to both domestic and imported products. As for the details on marketing restrictions, it is consistent with the International Code of Marketing of Breast-Milk Substitutes, which is an international standard of advice, as well as the WHA 54.2 resolution on Infant and young child nutrition. The stakeholder consultation process has been conducted on May 18, 2015. The consultation involves over 600 participants from the public sector, private companies, milk powder manufacturers, doctors, NGOs, etc. The draft of the Milk Code can be obtained by request from the Department of Health.

(Russian Federation) Thailand' SPS requirements comply with the CODEX Alimentarius and the Agreement on Technical Barrier to Trade, as well as the Agreement on the Application of Sanitary and Phytosanitary Measure of the WTO. Additional information on Thailand standards can be found here: http://www.acfs.go.th/eng/standard_act.php.

(China) The regulations are generally classified into horizontal and vertical regulations. The vertical regulations are specific requirements for quality and safety of food products such as jams, jellies and marmalades, coffee, infant formula, ice cream, and dairy products, etc. The horizontal regulations apply to all foods, for examples, food contaminants, labeling, food additives, pesticide residues, etc. The process of legislation is as described in Para 3.59 as on the basis of international standards, risk analysis principle, and consultation of stakeholders including consumers.

(Mexico) Thailand has conducted the control of importation of live animals and animal products under the Animal Epidemic Act B.E. 2558. The Animal Quarantine Station at the port of entry is a responsible agency for control the animal disease of live animals and animal products from the country of origin. The veterinary officer at the port must inspect the products especially the diseases that Thailand has concerned by collecting sample sending to the Government laboratory.

(EU) The import procedure is legally proceeding under the Animal Epidemic Act. B.E.2499 (1956), Ministerial Regulation and DLD legislation. An Application Request for import permit of each consignment shall be submitted to an authorized veterinary official at the port of entry. The submission should not be less than 7 (seven) days prior to an importation. A specific animal health requirements relevant to a commodity subjected to be imported into Thailand, shall be attached to the Import Permit. The imported animals or animal products of each consignment must be accompanied by a Health Certificate signed by a full-time authorized veterinary official of the government of the exporting country, certifying all conditions as stated in the animal health requirements attached to the Import Permit.

(EU) There is no a limited quantity per import permit of each consignment. However, the limited quantity of each consignment is under control by the capacity of container or airfreight.

(EU) Regarding the audit basis, the system audits or by plant basis is depending on the request of exporting country. Currently, Thailand has implemented system audit basis for several countries with pre-listing such as the country from EU members (UK, France and Netherlands) .

(EU) Currently, there is no specific timeline because the timeline for import risk analysis process is up to the several factors.

(EU) Thailand allows import of bovine products considered safe commodities as listed in the chapter of BSE of OIE regardless of the BSE risk status of the exporting country. The exporting country shall follow the requirement for importation beef and beef products and the additional requirement for importation live bovine or bovine products regarding BSE risk status in accordance with the OIE standard. The budget for the inspection is depending on the budget of fiscal policy.

(EU) Recently, DLD has announced the general provision of DLD legislation, stipulate applying for permission, issuing for permits, procedures for importation and exportation, and transit of animals and animal carcasses through the Kingdom of Thailand B.E.2558 (2015) which is carried out under Animal Epidemic Act. B.E.2558 (2015) dated 16 October 2015. The rules has mentioned the on-site inspection and evaluate standard practice of the establishments interested to export livestock commodities in order to approve as the accredited establishments to export animals or animal products into Thailand for the period of 3 years since the date of issuance of the acceptance letter of DLD.

(EU) Currently, Department of Livestock Development is in an ongoing process of the amendment of the Ministerial Regulation stipulating inspection fee of livestock commodities which regulated under the Animal Epidemic Act. B.E.2558 (2015) .

(Russian Federation) Seafood import requirements are to comply with:

(1)  Detection/quarantine disease on aquatic animal requirements under the Animal Epidemics Act B.E. 2558

(2)  Food safety requirements under the Food Act B.E. 2558.

(3)   Prohibition requirements on IUU fish and Fisheries products to import, export, transit and transship into national jurisdiction under the Royal Ordinance B.E. 2558

(Russian Federation) The Thai Agricultural Standard Act. B.E. 2551 (2008) and the Plant Quarantine Act. B.E. 2507 (1964) are the legal frameworks for the sampling rules. In addition to the SPS inspection at the borders, Thailand Food and Drugs Administrations are responsible for food safety inspection.

(US) Thailand have conducted the control of importation and exportation of live animals and animals products under the Animal Epidemic Act B.E. 2499 until now, there is the new law which is the Animal Epidemic Act B.E. 2558. As stipulated by the Animal Epidemic law, no animal nor animal products shall be allowed for importation into/ or exportation from, or transit in Thailand without a permission from the Director-General (DG), Department of Livestock Development or an authorized person designated by Director-General. Under the permission (a permission document for importation is import license, exportation is export license, and transit is transit license) appropriate protocol and health conditions are designated in compliance with regulations and risk assessment.

(EU) Thailand allows import of bovine products considered safe commodities as listed in the chapter of BSE of OIE regardless of the BSE risk status of the exporting country. The exporting country shall follow the requirement for importation beef and beef products, and the additional requirement for importation live bovine or bovine products regarding BSE risk status in accordance with the OIE standard.

(EU) Currently, DLD has allowed import beef and beef products from countries with an OIE country BSE status which is controlled or undetermined such as the United Kingdom. The exporting countries shall comply with the procedure for approval for import of live animals and/or animal products into Thailand, the requirement for importation beef and beef products and the additional requirement for importation live bovine or bovine products regarding BSE risk status.

(EU, US, Russian Federation) Domestic fee was collected according to Animal Slaughter Control and Meat sale Act B.E. 2535 (1992) . Domestic fee cover slaughter fee, fee for using slaughter house, and lairage fee or fee for using animal handling facilities before slaughtering; etc. These fee were charged by local administrative authority under Ministry of Interior. This Act was enacted for the safety benefit for local consumption and supporting free trade in the country.

As the inspection fee for import which was collected for inspection purpose in order to assure safety of meat product when importing to Thailand. This fee was charged for testing animal and animal products which cover inspection process, collecting the sample, laboratory diagnosis; etc.. This fee was in the regulation under Animal Epidemic Act.

From this point of view, it is noted that Domestic fee and Inspection fee were collected for the purpose of safety in animal product; however, collection of fee for use in Domestic fee and Inspection fee is rather different in terms of sort of fee, intention for use of fee in the process, different Act.

(Russian Federation) Animal feeds and feed additives are regulated and controlled under The Animal Feed Quality Control Act B.E. 2525 (1982) and Revision B.E. 2542 (1999) and now was repealed by The Animal Feed Quality Control Act B.E. 2558 (2015) . These products such as raw material, feed additives and feed must be registered prior to production or imported for sale. DLD supervises and controls materials, the manufacture, distribution and use of animal feed and feed additive for animal. Therefore a person shall not produce or import for sale any animal feed unless he has received a license to produce or a license to import animal feed from DLD. The DLD feed inspectors routinely inspect and samples feed in accordance with the Act of manufactures and farms to ensure feed quality and feeds do not use banned substances identified. According to the Publish Notification of the Ministry of Agriculture and Cooperatives that feed additives are prohibited to be mixed in animal feed include β-agonists, Nitrofurans, Nitroimidazoles, Chloramphenicol, Avoparcin, Carbadox, Olaquindox, Diethylstilbestrol (DES), Melamine and melamine analogue.

(US, Russian Federation) The quality control for import of animal feed. According to the Feed Quality Control Act B.E. 2558 (2015), the importers must be allowed by DLD for importing animal feed, especially controlled animal feed must be registered before importing by DLD. All imported animal feed shall have certificate of origin, randomly sampling for quality control, and certificate of health/certificate of phytosanitary, product information, certificate of formula, certificate analysis, and method of analysis and packaging by authorized organization of exporting country.

Normally, the exporting establishments have to apply for GMP/HACCP certificate. The DLD feed auditors shall follow up auditing at least once time per year. In case, they miss the GMP/HACCP requirements (minor case), the plants must have corrective action within 45 days, including preventive action. In major case which affect to human and food safety, the plants must have immediately corrective action. However, if they cannot solve or ignore the problem, they will be withdraw the GMP/ HACCP certificate and cannot export until they solve the problem.

(Canada) The DLD has banned the use of beta agonist compounds in feed and food, including ractopamine both in domestic as well as import since 2003. Risk analysis by Codex considers the safety of consuming 4 kinds of tissue only while consumers in Thailand consume many internal organs. The information from the additional study of China which evaluated by JECFA expert found high-level residues in other internal organs. Thailand maintains a monitoring and surveillance programme for illegal use of beta-agonists, such as collection of samples of animal feed and animal urine to determine the residues at farm, animal quarantine checkpoints and slaughterhouses.

(EU) Normally, the trade of livestock and livestock products following disease outbreaks especially poultry and its products, Thailand will resume the exporting country when the "country" is free from diseases in accordance with the OIE Terrestrial Code and Thai laws. The exporting country shall provide the final epidemiology and surveillance reports to authorized official organization of Thailand.

(US) The Notification of the Ministry of Public Health (No. 367) B.E. 2557 (2014) Re: Labeling of Prepackaged Foods has been enacted on the basis of CODEX standard (CODEX General Standard for the Labeling of Prepackaged of Foods CODEX STAN 1-1985 (Rev. 1-1991)) . Requirement of best before date is therefore to inform consumers as well as to be consistent with the international standards. The requirement of a minimum font size of 2 mm relating to the space of label is readily legible for consumers and practical for manufacturers based on consultation with stakeholders. The Notification of the Ministry of Public Health (No. 367) BE. 2557 (2014) Re: Labeling of Prepackaged Foods requires food allergy statement for food containing allergen or hypersensitivity substances because it is not only necessary for consumers concerning about their health but also to comply with international standards. Even such allergen or hypersensitivity substance has been listed as ingredient, the food allergy statement is still required in order to ensure that consumers have adequate information for their consideration. However, if the allergen or hypersensitivity substances are already declared on both name of food and ingredient list, the food allergen statement is not required to present on such food label.

(Mexico) The Notification of the Ministry of Public Health (No. 367) B.E. 2557 (2014) Re: Labeling of Prepackaged Foods was notified in TBT Committee of the WTO on September 9, 2013 (G/TBT/N/THA/Rev.1) .

Please find below the link to the webpage which will enable you to download the notification. https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=128960,128959,128958,128957,128956,128955,128948,128947,128946,128943,128945,128944,128929,128933,128932,128931,128927,128926,128924,128923,128921,128920,128919,128903,128902,128898,128892,127467,126970,119700,119137,82277&CurrentCatalogueIdIndex=30&FullTextSearch=

(Mexico) The Notification is current requirements for food labeling of prepackaged foods. Therefore, following notifications regarding food labeling have been repealed:

(1)  The Notification of the Ministry of Public Health (No.194) B.E. 2543 (2000), Re: Labels, dated 19th September B.E. 2543 (2000),

(2)  The Notification of the Ministry of Public Health (No.252) B.E. 2545 (2002), Re: Labels (No.2), dated 30th May B.E. 2545 (2002),

(3)  The Notification of the Ministry of Public Health (No. 343) B.E. 2555 (2012), Re: Labels (No.3), dated 17th April B.E. 2555 (2012) .

(Australia) Manufacturers and importers may consult the Office of Alcohol Control Committee, Department of Disease Control, Ministry of Public Health.

(Australia, Mexico, New Zealand) At present, the considering of selection a suitable picture is ongoing.

(Canada) The use of word relate to quality or characteristics of a product such as "finest", "premium", "original", "rare" and "limited" can mislead consumers into believing that the product is better or special than other brand, according to various studies conducted by various academic institutions.

(Canada, New Zealand) Grace period that was given is a normal and reasonable timeframe. However, additional time of 180 days is also given so that manufacturers would have enough time to comply with the regulation.

(EU) The draft Tobacco Consumption Control Act is being considered by the Council of State.

(Russian Federation) The duty of inspecting and control the exported products belong to customs officers at the ports/places or airports of export of the products. Although Thailand's trade policies support trading, they have the measure to control exported products in Customs Tariff Act., Part III "Export Tariff".

(US) EXIM Bank does not provide specific assistance to the agricultural sector. EXIM Bank provides credit facilities at interest rates which are in line with the market rate, and uses the fund from its money and capital markets.

(Hong Kong, China) EXIM Bank is not the only institution that can provide export-credit insurance. Foreign insurance companies, e.g. Coface, Euler, AIG, QBE, offer services in Thailand via Thai insurance companies, e.g. Bangkok Insurance PCL and Muang Thai Life Assurance PCL. Commercial banks in Thailand, however, cannot provide export credit insurance due to the lack of necessary permits.

(Hong Kong, China) EXIM Bank provides credit facilities to domestic business operators according to the Export-Import Bank of Thailand Act, which provides as follows:

•  "Exporter" means the domestic business operator who export goods or services for selling abroad in order to obtain returns in currency or any other property equivalent in value to currencies into Thailand and shall also mean the provider of services to persons abroad.

-  "Investor" means:

(1)  The domestic business operator connected with the exportation of goods or services from Thailand, the business, which earns foreign exchange or contributes to foreign exchange earnings or the business which saves foreign exchange.

(2)  The business operator abroad having the investor or joint investor who is: (a) a Thai national or (b) a juristic person registered in Thailand having the majority capital held by the person(s) under (a) or a juristic person having the person(s) under (a) holding a majority share of the total capital in such juristic person and having the authority, by the law or regulation or agreement to appoint the majority directors or to cast a majority vote to formulate operational policies of such juristic person.

(EU) We apply excise tax on alcoholic beverages for 2 reasons which are the reason of health damages and luxury concept according to "Income Distribution". Based on the fact that wine and sparkling wine from grapes are consumed by wealthy people so they meet both reasons and they are supposed to be taxed higher than other.

(EU) We are trying to reduce tax gap among alcoholic beverages at proper time.

(Russian Federation) We will reduce the paper work and use the national single window to provide more convenience for entrepreneurs, importers and tax payers.

(New Zealand) The Excise Department treats all the traders equally by applying the same tax rate to the same products. In detail, spirits tax burden will vary on their type and quantity not vary on the place of origins. Therefore, the same tax rate is applied on the same type of spirits.

(Hong Kong, China) There is no assessment at this moment.

(Hong Kong, China) The notification of Controlled list of goods and services (not price controls) is annually reviewed by the Central Commission on Price of Goods and Services which composes of representatives from all relevant sectors including producers, traders, consumers, academics and government officials. The Commission has an authority to designate the notification of any particular goods and services to be controlled goods and services. Thus, Thailand assures that these mechanisms are transparent and accepted by all stakeholders. At present, sugar is the only one commodity subjected to a price control. This is done in order to maintain fairness to the producers of sugarcane and refinery sugar, middlemen and consumers. Other products under the controlled goods and services list are not subject to any price control, but are subject to price change or price modification monitoring depending upon the necessity and appropriateness of the circumstances of each year for each commodity.

(China)The patent protection under Thailand's Patent Act 1979 covers all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Moreover, that invention must not be an unpatentable invention under Section 9 of this Act. A foreign patent that has not been registered in Thailand receives no protection under the Patent Act. However, foreign patent holders in foreign countries may enter into business transactions with parties in Thailand and seek equivalent protection through contractual obligations in the form of a licensing agreement or they can apply for patent protection at the Department of Intellectual Property.

(EU) As a WTO Member, Thailand, affirms the rights to grant a compulsory licence and freedom to determine the grounds upon which the compulsory licence is granted as specified in the Doha Declaration on the TRIPS Agreement and Public Health.

Regarding compulsory licensing, the Patent Act B.E. 2522 (1979) (as amended) is in line with the TRIPS Agreement. The Act specifies clearly in Articles 46-52 regarding the grounds and procedures for issuing a compulsory licence. Please consult the Patent Act B.E.2522 (1979) for more information.

Currently, there is no indication from the Ministry of Public Health about the need to issue a new compulsory licensing.

(China) The objective of the Notification on Traditional Knowledge is to collect information in on Thai local knowledge for reference. The recordation does not convey any legal rights. Moreover, as mention in the Secretariat's Report, Thailand has specific law related to traditional knowledge, namely, Thai Medicinal Intelligence Act, B.E. 2542 (1999) , administered by the Ministry of Public Health and National Culture Act B.E. 2553 (2009), administered by Ministry of Culture. Therefore, DIP cancelled the Notification on Traditional Knowledge to avoid potential overlap or conflict between laws implemented by other relevant agencies.

(Switzerland) The Department of Intellectual Property of Thailand (DIP) has consistently been trying to improve the efficiency of IP registration service, in particular patent registration, in order to eliminate a backlog in pending patent applications. The DIP expects to gain more patent examiners within a timely manner, and aims to reduce the average time required to obtain a patent within five years.

(Switzerland) Section 15 of the Trade Secrets Act B.E 2545 (2002) provides protection of undisclosed test data by determining that state agencies concerned have the duties to maintain the undisclosed test (trade secrets) from being disclosed, deprived of or used in unfair trading activities.

(Switzerland) The criteria and requirements regarding the grant of compulsory licenses are determined by Section 51 and Section 52 of the Patent Act B.E. 2522 (1979) .

(Switzerland) The Thai legislation does not provide any possibility for patent term adjustment.

(Switzerland) Section 5 of the Patent Act B.E. 2522 (1979) determines that a patent may be granted for an invention in respect of which the following conditions are satisfied:

(1)  the invention is new;

(2)  it involves an inventive step; and

(3)  it is capable of industrial application.

While Section 9 determines the inventions that are not protected under the Patent Act:

(1)  naturally occurring microorganisms and their components, animals, plants or extracts from animals or plants;

(2)  scientific or mathematical rules or theories;

(3)  computer programs;

(4)  methods of diagnosis, treatment or cure of human and animal diseases;

(5)  inventions contrary to public order, morality, health or welfare.

(New Zealand) A study is being undertaken regarding the feasibility of an aviation industrial estate.

(EU) We do treat our taxpayers the same tax administration by using different tax rates on types of alcoholic beverages. However, we will gradually reduce tax gap among different kind of alcoholic beverages at proper time.

(EU) The ceiling prices for domestic sugar do not affect the quantities of sugar exported. Quota Z is the quota used mainly for exportation, and is the left over from Quota X and Quota Y (Quota Z = Quantity produced – (Quota X+ Quota Y)) . The domestic price does not have any bearing on the quantity of sugar produced for domestic consumption as the quantity has already been fixed by Quota X. Thus, the quantity exported, mainly from Quota Z, has no relation to domestic price set by the Cane and Sugar Board. There is no stringent requirement to export Quota Z sugar.

(EU) The purpose is to improve the efficiency of resource management and utilization in accordance with market mechanisms. The project will merely encourage farmers to grow appropriate crops efficiently in appropriate areas. Decisions of the farmers will be voluntary.

(New Zealand) Thailand's agricultural policy for production development strategy is focusing on reducing production costs in each agricultural product by researching and developing, technology transfer and integration of modern technology with local wisdom. MOAC also develop quality of agricultural product standard, agricultural machinery and environmentally friendly technologies. The consultation and recommendation on optimal chemical fertilizers and agricultural chemicals usage are provided in each product including the production of compost fertilizer, liquid biofertilizer and green manure.

(New Zealand, China) Regarding the products that are subject to Thai tariff-rate quotas (TRQs), Thailand has been committing to the WTO agreement and notifying the tariff quotas regularly. Nonetheless, each TRQ product has been managed differently based on its nature of industry.

(New Zealand) Subject to the TRQ products, different administration methods are determined by concerning committees in order to ensure that both domestic and international trade are managed properly. Concerning the importation of corn, Thailand has manipulated an appropriate quota of maize for animal feeding on basis of domestic consumption without any period restriction.

(EU) The Department of Foreign Trade, Ministry of Commerce, clearly publishes all the document requirements and procedures in each import licensing notification. Applications are granted upon complete documentation in the procedure.

(EU, US) Currently, Thailand is unable to provide the figures as the relevant authority is examining and finalizing the account. The information is also subject to the ongoing investigations and upcoming court proceedings relating to the past pledging programme.

(Australia) The Thai Cane and Sugar Corporation Ltd is privately owned by sugarcane farmers and sugar producers, and has the overall responsibility for pricing and selling raw sugar under Quota Y for the purpose of calculating the revenue sharing between the cane farmers and the sugar producers. The company does not receive any special support or privileges from the government.

(EU) On Target 6 and 7: Three approaches under the new Fisheries law, are in line with the objective of the CBD for conservation of biodiversity, the sustainable use of its components and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources.

Firstly, several objectives are outlined for management and harvesting fisheries resources including for management aquaculture practices and products to achieve long terms economic, social and environmental sustainability.

Secondly, Fisheries management measure provisions are mainly focused in tackling IUU fishing practices, preventing and eliminating overfishing, overcapacity and destructive fishing practices that have the effects on biodiversity by using the best available scientific evidence, in line with ecosystem and precautionary approach, to ensure that fisheries resources are maintained or restored to a level that can produce the maximum sustainable yield.

Lastly, access and benefit - sharing on genetic resources on fisheries are implemented under fisheries law and a specific regulation on Access and Benefit Sharing (ABS) or in case by case under the access agreement/the material transfer agreement.

(Australia) All types of management, research and enforcement services are provided for the purpose of aquaculture as follows :

(1)  To maintain and balance the ecological habitats and to increase the abundance of aquatic species at the sustainable level.

(2)  Encouraging education, research, study and use aquaculture technologies to develop the quality, storage , transportation , production methods, processing and inspection of the fish and fisheries products for the sanitary and food safety benefits and reduction of waste

(EU) The main mission of the Royal Forest Department (RFD) is to increase the forest covering 40% of the country area, and the RFD has a strong plan of action to achieve that ultimate goal in the near future, including a forest management plan to deal with the land once palm concessions expire.

(Chinese Taipei) In terms of investment promotion, foreign companies are treated equally to local companies. As for the incentives offered by the BOI for activities in energy sector, there is no requirement for foreign equity, local content requirements, local partnership or export performance in place.

With regard to the FiT Programme, foreign companies may make an application. However, such companies are required, under Aticle 4(2)(e) of the Regulation of the Energy Regulatory Commission on Application for License and Permission for Energy Industry Operation B.E. 2551, to have an authorized representative, a representative of juristic person or manager of juristic person, who has Thai nationality. Nevertheless, foreign and domestic companies are treated equally when it comes to the consideration for the granting of approval. More info at http://www.erc.or.th/ERCWeb2/Upload/Document/CommentariesOfLawRelatedToEnergyIndustry.pdf.

(Chinese Taipei) Relevant authorities are to be consulted with regard to this.

(EU) The Ministry of Finance is in the process of reformation the import tariff structure.

(New Zealand) Thailand had finished its internal consultation process and ready to submit the 10^th package of Commitments under the ASEAN Framework Agreement on Services (AFAS) . Thailand's schedule of specific commitments covered approximately 100 services sub-sectors with equity participation capped at 70% and has increased number of commitments from 9th Package under two sectors, namely, communication services and transport services. More information can be viewed at: http://www.asean.org/.

(EU) According to the Life and the Non-life Insurance Act (No 3), BE 2558 (2015), The amount of shares of the Company that are held by persons of Thai nationality shall not be less than seventy-five per cent of the total amount of distributed voting shares. The number of directors of the Company who are persons of Thai nationality shall be at least three-fourths of the total number of directors.

If there is reasonable ground, the Committee may allow persons of non-Thai nationalities to hold up to forty-nine per cent of the total amount of distributed voting shares, or allow the number of directors who are persons of non-Thai nationalities to be higher than one-fourth but lower than one-half of the total number of directors.

In case the condition or operation of a Company is in a state that may cause damage to the insureds or to the public, or to promote the strength of a Company or for the soundness of the non-life insurance business, the Minister, with the advice of the Committee, has the power to relax the requirements, allowing a Company to have the amount of shares or the number of directors other than as prescribed in paragraph 2.

The application for and grant of the permission under paragraph 2 or the relaxation under paragraph 3 shall be subject to rules, procedures and conditions or timeframes as prescribed by the Committee or the Minister.

Once permission is granted by the Committee or a relaxation is made by the Minister, the Office of Insurance Commission shall publish such permission or relaxation, together with the rationale and conditions or timeframes, in the Government Gazette.

(China) Please refer to Thailand's Government Report, page 18-19 and for further information, please visit the Stock Exchange of Thailand (SET) website http://www.set.or.th/set/mainpage.do.

(Australia) The Office of Insurance Commission (OIC) has issued the Life and the Non-life Insurance Act (No 3), BE 2558 (2015), which made shareholding changes as follow.

According to the Life and the Non-life Insurance Act (No 3), BE 2558 (2015), The amount of shares of the Company that are held by persons of Thai nationality shall not be less than seventy-five per cent of the total amount of distributed voting shares. The number of directors of the Company who are persons of Thai nationality shall be at least three-fourths of the total number of directors.

If there is reasonable ground, the Committee may allow persons of non-Thai nationalities to hold up to forty-nine per cent of the total amount of distributed voting shares, or allow the number of directors who are persons of non-Thai nationalities to be higher than one-fourth but lower than one-half of the total number of directors.

In case the condition or operation of a Company is in a state that may cause damage to the insureds or to the public, or to promote the strength of a Company or for the soundness of the non-life insurance business, the Minister, with the advice of the Committee, has the power to relax the requirements, allowing a Company to have the amount of shares or the number of directors other than as prescribed in paragraph 2.

The application for and grant of the permission under paragraph 2 or the relaxation under paragraph 3 shall be subject to rules, procedures and conditions or timeframes as prescribed by the Committee or the Minister.

Once permission is granted by the Committee or a relaxation is made by the Minister, the Office of Insurance Commission shall publish such permission or relaxation, together with the rationale and conditions or timeframes, in the Government Gazette.

The OIC is in the process of developing the Insurance Development Plan III, which will consists of 4 strategies that will contribute to improving competitiveness of the insurance sector:

(1)  Increasing the capacity of the insurance industry by strengthening the capacity of insurers, increasing the standard of performance of insurers, and increasing the level of market conduct of the insurance system.

(2)  Increasing the knowledge and access of insurance by promoting insurance knowledge as well as developing and increasing the distribution channels to reach people throughout the country.

(3)  Creating an insurance environment that facilitates competition by detariffing insurance premium rates, promoting the development of insurance products to be in accordance with the needs and risks, and promoting market connectivity in the ASEAN region.

(4)  Strengthening insurance infrastructures by developing and increasing the quality of insurance personnel to professionalism, strengthening the research capacity and information technology, and to push forward for insurance to become a risk management tool.

(Australia) They are still under review process and there is no time frame.

(Australia) Thailand's mobile communication sector is highly competitive. Spectrum freed from expired concession (for example, 1800 MHz band) has been recently auctioned for 4G/ LTE mobile services successfully. Also, broadband services (wired and wireless) will be deployed to cover all villages in Thailand in the next 2-3 years. At the moment, the government and the NBTC are working on details to improve open access and infrastructure sharing for all telecom service providers to help reduce investment costs and speed up service deployment.

These infrastructure developments are to respond to the growing demand of the digital economy.

(Australia) Yes, e.g. the Copyright Act has been amended as described in paragraph 3.55 of the Government Report.

(Norway) With regards to questions related to state-owned enterprises, the transition from concessionary agreements to a licensing regime has been effective since 2001. The last concession will expire in 2018. And yes, even though private operators are currently already sharing infrastructure owned by the SOE's (as enabled by the NBTC's regulation), at the moment the government and the NBTC are working on details to improve open access and infrastructure sharing.

(Norway) The current concessions for the spectrum bands 1800MHz and 850Mhz are due to expire in 2018. It is expected that all preparatory processes will be made in preparatory processes will be made in parallel in order to make the spectrum available for auction in the same year.

(Norway) The office of the NBTC is in the process of assessing the spectrum valuation with respect to all alternative spectrum plans. The assessment is conducted to ensure the best spectrum plan that allows maximal public interest in terms of economic growth, employment rate, and improved quality of life. While awaiting the research outcome, we can reveal high possibility that the 850MHz spectrum will be made available for telecommunication services but the frequency blocks might be slightly shifted due to new frequency arrangement.

(Norway) Yes.

(Norway) The NBTC will assign frequency and regulate telecommunications business conforming to the constitution which stated that in carrying out the act, the independent regulatory agency shall optimize the benefit of the people at national and local levels in education, culture, state security and other public interests with free and fair competition. Under the Section 27(8) of the Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services B.E. 2553 (2010) states that the powers and duties of NBTC to set the criteria and procedures in telecommunications services which shall be fair to telecommunications service providers with due regard to public interest. In addition, the Section 29 of this Act prescribed that the NBTC shall have due regard to the public interest and burden of the consumers, costs of providing service, optimization and efficient allocation of resources.

(Norway) According to the law, all spectrum bands for telecommunication business must be allocated though action processes. This principle is applied to all spectrum bands that are used to provide direct telecommunication services to consumers through the telecommunication market. However, spectrum frequencies for radio communication services including fixed links, land mobile, etc. are allocated on a first-come-first-serve basis.

(Norway) The independence of the NBTC is ensured by the Constitution which stated that there shall be an independent regulatory agency having the duty to allocate the frequencies and exercise supervision over the operation of radio and television broadcasting and telecommunications business.

(Norway) The notification is based on the authority given by the Telecommunications Business Act B.E. 2544 (2001) which relates to the Foreign Business Act B.E. 2542 (1999) . The notification regulate only Thai companies which are type2 and type3 licensees not foreign companies.

(Singapore) The Development Project of Single Rail Transfer Operator aims to develop infrastructure and necessary facilities for serving the discharging/loading containers transported by rail within the port area. The project would largely help facilitate rail transfer in the future in response to the completion of double track construction project of State Railway Authority of Thailand (SRT) . It would increase the handling capacity of rail transport in LCP from the existing of 500,000 TEUs/year to 2 million TEUs/year.

For Pak Bara Project, we would like to inform that it's out of PAT's supervision. However, The PAT always concern about Pak Bara Project to integrate with the PAT's Development Projects.

(Norway, Singapore) The laws under review, i.e. the Thai Vessels Act, B.E.2481; the Navigation in Thai Waters Act, B.E.2456; and the Merchant Marine Promotion Act, B.E. 2521, do not affect the ability of foreign maritime transport services to provide services in Thailand for the following reasons:

Thai Vessels Act, B.E.2481: International maritime transport to and from ports in Thailand is open in nature to service suppliers of any nationalities with no particular restrictions on ship registration, flag of vessels, shareholders, foreign equity, board of directors, paid-up capital or whatsoever. Foreign service suppliers can engage vessels of their own non-Thai flag vessels in providing such services. However, to provide services by Thai-flag vessels, Article 7 bis of the Thai Vessels Act, B.E. 2481 (1938), as amended, stipulates that the owner of such vessels must be juristic person with Thai nationality and major Thai equity of 51%. Nevertheless, there is no discriminatory treatment between Thai-flag and foreign-flag vessels in access to supporting services at public ports owned by the government in Thailand.

In spite of the fact that domestic maritime transport between two or more ports in Thailand is reserved for Thai-flag vessels only, Article 47 of the Thai Vessels Act provides exemptions of three categories, i.e., (1) international agreements between Thailand and other countries which allows vessels flying the flag of the other contracting party to provide domestic maritime transport service, (2) small vessels (self-propelled vessels of 10 GRT or more or sea barge of 20 GRT or more or river barge of 50 GRT or more) owned by foreign natural persons, and (3) lack of services of Thai vessels in certain part of Thai territorial waters. For the third category, vessels flying foreign flag will be allowed to provide maritime transport services in Thai territorial waters upon approval granted and conditions imposed by the Minister of Transport for a period not exceeding one year.

Navigation in Thai Waters Act, B.E.2456: the Navigation in Thai Waters Act contains provisions concerning monitoring and control of navigation safety and marine environmental aspects in Thai territorial waters which will equally apply to both Thai and foreign vessels in the Thai waters.

The Merchant Marine Promotion Act, B.E. 2522: the Merchant Marine Promotion Act contains provisions on, among others, cargo reservation measure for the imported government cargo on the routes where the services of Thai-flag vessels are available. However, waivers can be made to such measure, if it can be proved that the services of Thai-flag vessels are not available when such cargo are ready for loading on board and transporting to Thailand at the port of origin. In such case, the importer is required to file the application for using non-Thai flag vessels at the Marine Department.

(Norway, Singapore) According to Article 17 of the Merchant Marine Promotion Act, B.E.2521, imported government cargo on nine designated routes, where the service of Thai flag vessels are available, are required to be transported by such Thai vessels. The designated routes include those originating from the following countries to Thailand: Japan, Republic of Korea, Taiwan, Hong Kong China, Singapore, European countries with maritime border, the United States of America, People's Republic of China and Malaysia. The importer is required to notify the Marine Department on the engagement of a particular Thai vessel for transporting the imported government cargo to Thailand in advance before loading at the port of origin by submitting the application form together with documents required (a copy of sales contract, contract with the government authority or public enterprise, purchase order and letter of credit) to the Marine Department. When such Thai vessel arrives at a port of destination in Thailand, the importer or importer's contractor are required to notify the arrival of the imported government cargo within seven days since the day of arrival.

Obtaining Waivers from such requirement can be made if there is no Thai vessel available when the imported government cargo are ready to be loaded at the port of origin. In such case, the importer is required to submit the application form together with supporting documents (a copy of purchase order, letter of credit, sale contract, a document indicating the date of arrival of such cargo at the port of origin which are ready for loading and a written evidence indicating the reason for the inability to engage Thai vessel) to the Marine Department 10 days in advance before the cargo is loaded on board a foreign vessel. The Marine Department will consider whether to grant approval or not and notify the importer via any immediate communication channel within five days since the date of receiving the application form. When such foreign vessel arrives at a port of destination in Thailand, the importer or importer's contractor are required to notify the arrival of the imported government cargo within seven days since the day of arrival. If the imported government cargo is loaded on and transported by a foreign vessel before obtaining permission for waiver from the Marine Department, the importer or importer's contractor is required to pay the fine for the amount that is determined by the Department.

(Norway) Maritime transport services part is included in some regional and bilateral trade agreements, to name e few, ASEAN Framework Agreement on Services (AFAS), Thailand – EU FTA, ASEAN – Japan FTA, ASEAN – China FTA.

(Australia) Thailand suffered from a severe drought resulting in yield loss. Farmers' income is not enough for living. This project was a temporary, a one time, measure to help small farmers who grow rice during the 2014/15 rice production year, in the period from November 2014 to January 2015. So, Farmers would have some income for their cost of living. The payment did not exceed 15,000 baht (430 USD) per household and didn't link to production. The farmers whom are small and low-income, registered and certified from the Department of Agricultural Extension would receive money transfers through saving accounts of the Bank for Agriculture and Agricultural Co-operatives.

(China) The details regarding the simplification of requirements for sewage and issuing permits to release sewage are still being considered by relevant agencies, such as the Ministry of Industry and the Ministry of Natural Resources and Environment.

(Australia) The BOI promotes various activities in the sector of agriculture and agricultural products with both tax and non-tax incentives granted. Most of the promoted activities have no foreign equity restriction.

(Australia) Agro activities under the BOI list of eligible activities for investment promotion are classified as target sectors (http://www.boi.go.th/upload/content/newpolicy-announcement%20as%20of%2020_3_58_23499.pdf) .

(Australia) Foreign investors are allowed to invest in agro industries listed on the BOI list of eligible activities for investment promotion (http://www.boi.go.th/upload/content/newpolicy-announcement%20as%20of%2020_3_58_23499.pdf) .

(Mexico) Examples of the benefits associated with operation of the new licensing procedure include, but not limited to, the availability of manuals for approval with clear requirements, e.g. processing time, related fee, etc. Necessary documents are also made available and can be downloaded from permitting authorities' websites. Additionally, with state agencies being required to have a one-stop-service centre to facilitate people in seeking services from the Government, information regarding permit procedures is easily accessible.

(Canada) The customs Tariff Decree B.E. 2530 Section 5 determined that "For goods subject to both ad valorem and specific rates of duty, only the rate which renders higher amount of duty shall be applied."

(New Zealand) Thailand and other ASEAN members have begun the process of establishing ASEAN Harmonized Tariff Nomenclature (AHTN 2017) to be implemented by 1 January 2017. This will be in line with WCO HS 2017.

(Chinese Taipei) Thai Customs Department is in negotiation with Singapore. At present, the two countries are in the process of studying both AEO programs and considering the Joint Roadmap of MRA. Thai Customs Department also proposed signing in Action Plan in order to further proceed regarding MRA.

For future roadmap in the face of AEC integration, the cooperation among ASEAN Member States; for example, experience exchange on AEO program and MRA negotiation, are being carried out.

(Australia) In-season rice is the only crop in Crop Insurance Programme. The objective is to prevent the risk from damage occurring in the cultivation of rice farming. The Government would partly support insurance premiums. The crop insurance will cover the risk from flooding, dry spell, windstorm, fires, hail, cold weather disasters, including pest and disease outbreaks which are unpredictable disasters as well. Bank for Agriculture and Agricultural Co-operatives is an administered agency of this program and the private sector is an insurer.

(Australia) Thailand would like to clarify that Thailand intended to increase productivity by encouraging farmers to cultivate in suitable areas for certain crop. The government agency survey found that there was about 34 percent of planting in unsuitable or less suitable area. To grow plant in the suitable area contributes to increase productivity and easier food access.

(Australia) Currently, Thailand has about 20% of irrigated agricultural land while suffering from a severe drought. Therefore, the promotion of integrated water management is needed in order to increase the efficiency of agricultural land for farmers in the area of irrigation water thoroughly and fairly by the administration of water supply and drainage. Also, the irrigated areas were increased by the construction of new water delivery system with the scientific principle selection, the supply of water in the farms and communities including the prevention and mitigation of floods and droughts with the construction of the flood way. The irrigation system provides under this scheme is mainly on farm assistance. The land development is to restore soil in cultivated areas continuously by providing the knowledge transfer in improving soil substances and developing their own organic fertilizer etc. There is no incentive in money at all. The measures are taken to support irrigation and land development for sustainable solutions in agriculture.

(US) Legislation and Legislative Amendment Scheme of the MOAC 2015 Roadmap focuses on the conformation of law to align with international standards and commitments as well as the current situations. The MOAC legislates the regulations as necessary to improve the effectiveness of agricultural sector, not particularly specific to agricultural trade or sanitary and phytosanitary measures.

Normally, when trade impacting SPS regulations are proposed, Thailand notifies the regulations to the WTO as early as possible to seek comments from WTO member countries prior to the entry into force of such regulations. Between 1 January 2011 to 12 June 2015, Thailand made 36 notifications along with 22 addenda to the WTO Committee on Sanitary and Phytosanitary Measures.

(Australia) In-season rice is the only crop in Crop Insurance Programme. The objective is to prevent the risk from damage occurring in the cultivation of rice farming. The Government would partly support insurance premiums. The crop insurance will cover the risk from flooding, dry spell, windstorm, fires, hail, cold weather disasters, including pest and disease outbreaks which are unpredictable disasters as well. Bank for Agriculture and Agricultural Co-operatives is an administered agency of this program and the private sector is an insurer.

(Australia) The main purpose is to mitigate the drought. There are various activities such as hiring workers in rural area, Job training in the field of agriculture, providing legumes bean seed and green manure plant, including generating the income and agricultural development in community in order to alleviate the drought. Developing agricultural infrastructure and increasing productivity in community through a participatory process are also encouraged. In addition, government has persuaded farmers to shift their planting to growing crops that use less water, such as sugarcane, corn and legumes. Moreover, the integrated water management would be a sustainable solution for flood and drought in the long term. Thailand does not intend to use the direct payment for these means.

(Australia, US) According to the Cabinet Resolution as of 11 May B.E. 2553, government agencies have been authorized to transfer their responsibilities of inspection and certification to the private sectors for the purpose of lightening the government duties as well as responding to the farmers and manufacturers' demands.

The responsibilities transferred to private sectors are limited to accredited laboratories and GAP/GMP inspection and certification.

However, government agencies still responsible for policy development of SPS measures, issuance of health certificates and phytosanitary certificates for export, and supervising the operation of the private sectors for the transferred responsibilities.

Smart Farmer development policy aim to develop farmers towards professional farmer by enhancing farmers to access knowledge, information, and learning process in order to improve or adapt their farming practice.

Smart Officer is the government officers who have well-knowledge on policy and new technology, to help farmer to reach their goal.

(Australia) To release rice stockpiles in Thailand, the Government has taken inclusive measures for good management and gradually set up auctions for both domestic and export purchases. The released amount shall be carefully considered by all stakeholders and conducted with transparency approach in order not to affect the domestic prices and the global market prices.

(Australia) The cost reduction for rice inputs is a short-term project which aims to help farmers to access cheaper inputs. The government sought cooperation from input entrepreneurs to sell their inputs at fair prices to farmers such as seeds, fertilizers and pesticides.

(Australia) In-season rice is the only crop in Crop Insurance Programme. The objective is to prevent the risk from damage occurring in the cultivation of rice farming. The Government would partly support insurance premiums. The crop insurance will cover the risk from flooding, dry spell, windstorm, fires, hail, cold weather disasters, including pest and disease outbreaks which are unpredictable disasters as well. Bank for Agriculture and Agricultural Co-operatives is an administered agency of this program and the private sector is an insurer.

(US) Thailand would like to clarify that at present, when conducting tenders, the Department of Foreign Trade will announce the market price of the rice, below which the government will not sell. Therefore, the bidders will not be allowed to offer any price below the market price.

(Australia) Thailand's policy towards a more sustainable and environmentally - friendly fisheries industry, include:

(1)  Promoting good aquaculture practice (GAP) at the national and international levels in order to achieve a management system that does not have adverse environmental effects, and delivers safe and traceable products to consumers.

(2)  Zoning

(3)  Promoting the formation of clusters, such as Black tiger shrimp cluster, and co-operatives to increase the bargaining power of farmers.

(4)  Developing, promoting and supporting environmentally friendly aquaculture, e.g. the Recirculation Aquaculture System, Zero-waste Aquaculture System and Green City Project.

(5)  Promoting efficient use of feeds and energy in farming in order to reduce the cost of production.

(6)  Conducting research and development on feeds other than fishmeal.

(New Zealand) The fisheries subsidies in 2014 provided through the Department of Fisheries equated to about 196.12 million baht or 0.39% of the total value of marine catch production.

The nature of fisheries subsidies

(1)  Mitigation damages of the farmers from the natural disaster under the condition that the fisheries subsidies are not harmful the quantities of fisheries resources.

(2)  Management natural resources and biodiversity for achieving the balance, sustainability and equity by protecting, conservating and restorating fisheries resources, including to establish the community network to participate in fisheries resources management for the abundance and sustainable use of fisheries resources and help to increase the abundance of fisheries resources.

Thailand did not have the policy to subsidies the vessels or operators engaged in IUU fishing or the fishing of stocks that are in an overfished condition.

(Canada) The main objective of SOE reforms is to increase efficiency and effectiveness, enhance transparency and accountability, and mitigate political abuses. One of the main processes is to set up the ownership structure (i.e. National holding company), which will be an independent supervision to manage and monitor the performance of major SOEs. This requires a new legislation that establishes the governance structure, outlining responsibilities of and relationships among the State Enterprise Policy Committee (SEPC), the State Enterprise Policy Office, National holding company, and SOEs. The draft Act comprises two main parts: the overseeing of SOEs and the establishment of the holding entity.

According to the governance structure in the proposed legislation, the SEPC will supervise 55 SOEs and will design policies in a macro perspective. These 55 SOEs are divided into 2 groups. On the one hand, National holding company will govern SOEs that are listed and limited companies (in the first stage of implementation) . On the other hand, the State Enterprise Policy Office will command the rest. Currently, the Act for establishing such governance structure is now being drafted and supervised by the SEPC. The proposed legislation is expected to be under the Cabinet's consideration by the end of 2015.

In addition to the above legal framework, the SEPC establishes "National Holding Company" Establishment Subcommittee to determine the action plan and timeframe for setting up National holding company, and propose the governance structure, budget, personnel and compensation scheme for National holding company.

(Chinese Taipei) Under the new investment promotion scheme, creative product design and development centers are promoted with 8-year exemption on corporate income tax and exemption of import duty on machinery and raw materials used for export products.

(Chinese Taipei) According to the investment promotion policy, there is no different treatment between Thai and foreign investors. However, only creative activities under the BOI list of promoted activities are eligible for investment promotion.

(Australia) Thailand has to consider the conditions, rules and regulations of GPA, develop Thailand government procurement rules and regulation to comply with GPA and enhance the understanding of GPA to government agencies, government entities and suppliers before applying for the GPA member.

(Canada) Thailand is in the process of launching the 3^rd phase of the Electronic Government Procurement (e-GP) System which are:

•  e-bidding

•  e-market

•  supplier grading system

•  price performance

•  certified authority (CA)/digital signature

•  e-contract

Thailand has expected to fully use e-GP system within 2016.

(Canada) e-GP system is used in central government agencies. Thailand will apply e-GP to all government agencies, state enterprises and local authorities in the future.

(Singapore) Amendment of the Competition Act 1999 has been one of the major national reform issues under the current government since 2014. Last month, the National Reform Council submitted its draft amendment text to the Cabinet. The text was discussed among relevant government agencies. Currently, the Ministry of Commerce by the Office of Trade Competition Commission (OTCC) is in the process towards submission of its own amendment text to the Cabinet. The proposed areas of reform in both texts include coverage of application of the law, the establishment of OTCC as an independent body, and adjustment of the penalties to be suitable with the present situation.

(China) Article 8(2) of the Foreign Business Act, B.E.2542, stipulates that foreigners are prohibited to do business affecting national safety or security; arts, culture, tradition, folk handicrafts; natural resources or environment as indicated in the List of Prohibited Business No. 2, except obtaining a permission from the Minister of Commerce after getting approval from the cabinet.

According to Section 1(2) under the List of Prohibited Business No.2, the business affecting national safety or security also includes domestic land transport, maritime and inland water transport or air transport.

(Japan) Thailand has initiated a campaign called "IP Mobile Unite", which provide for mobile service of IP registration in suburban area and exempts patent application fees for eligible SMEs, with an amount not exceeding 500 Thai baht. The objectives of this campaign are to promote importance of IPR to provincial entrepreneurs and to encourage them to register their IPR as well as increase overall awareness and understanding of IPR registration under the law.

(Japan) Thailand puts priorities in recognizing the success of the enterprises in market and utilization of IPR. We present annually "IP Champions Awards" to honor inventers, entrepreneurs or companies who commercialize their innovations thru IP system, in recognition of their significant contributions to promoting and protecting IP. Some of these remarkable examples are Siam Cement Group (SCG) who develop and implement outstandingly their IPR management.

(Korea, Rep. of.) The problems raised by Korea have already been addressed by the current trademark law, namely a trademark consisting of a state flag will be refused. From our search into the database of Department of Intellectual Property, we have not found that the DIP has registered any trademark consisting of Korea's national flag. With regard to Korean alphabets, if it is not a word describing quality or characteristics of the goods directly, it can be registered. This is a general and internationally excepted principle. Therefore the amendment of our trademark law does not necessarily include these issues.

(US) Council of State already approved the draft. It is awaiting the submission to the National Legislative Assembly.

(Mexico) Competition between 3 key players in the mobile sector led to retail price decrease from average retail price of B 0.66 in Q1 2012 to B 0.44 in Q3 2014.Competition was also stimulated by the introduction of number portability in 2010 which the percentage of success is 85 percent. Mobile penetration reached 139.01 percent by Q1 of 2015 while active mobile numbers both prepaid and postpaid are 85,028,972 numbers.

(Singapore) Currently, there is no plan to establish a Single Internet Gateway.

(Malaysia) Preferential Rules of Origin under Duty Free Quota Free Scheme

Since the 9^th of April 2015, Duty Free Quota Free Scheme has been effective. Import under 6,998 tariff lines (at 8-digit HS code) from the all least developed countries as classified by the United Nations has been exempted from customs duties and quota provided that such good is originating in the exporting beneficiary country. A good will be considered as originating if

•  it is wholly obtained or produced in the exporting beneficiary country; or

•  it has a qualify value content of not less than 50 percent of FOB value or the value of non-originating materials content does not exceed 50 percent of FOB value and the final process of production is performed within the exporting beneficiary country. The qualify value content will be calculated based on indirect method.

The qualify value content will be calculated based on indirect method as

QVC = [ (FOB – VNM) / FOB ] * 100

Where Non Originating Materials means materials imported from any countries as well as materials procured locally within the exporting beneficiary country in which fail to comply with origin requirement sets out in Rules of Origin for Preferential Tariff Treatment for LDCs under Thailand's Duty Free Quota Free Scheme.

A good will not be considered as originating good; even through its qualify value content is more than or equal to 50 percent of FOB value if its operation in the export beneficiary country is classified as minimal operations or processes. Moreover, an originating good must be consigned directly from the exporting beneficiary country to Thailand. However, a good will seem to be consigned directly although it is transported through a third country if

•  a transit entry is justified for geographical reason or by consideration related exclusively to transport requirements;

•  a good does not enter into trade and consumption in a third country

•  a good does not undergo any operations in a third country other than unloading and reloading or any other operations to preserved in a good condition.

In order to claim preferential tariff treatment under DFQF scheme, "Generalized System of Preferences for Goods under Duty Free Quota Free for Least Developed Countries Certificate of Origin (Form DFQF)" is needed to submit to Thai customs, together with other import documents, at time of importation.

A country in the list of eligible countries who would like to enjoy a preferential tariff treatment under the DFQF scheme, please submit name address specimen of official seal of issuing body and specimen signatures of issuing officers to Thai Customs. The format of DFQF certificate of origin other details and information related to rules of origin and operational procedures are provide in link which appeared in Thailand's notification G/RO/N/130 .

(Korea, Rep. of)

The objectives of ASEAN Single Window (ASW) Pilot Project:

•  To analyze and design all feasible components of the ASW in order to determine the action plan and guidance for ASEAN member states' compliance in ASW Pilot procedures.

•  To development and test both ready ASEAN member states' National Single Window (NSW) systems and ASW infrastructure needed to exchange electronic documents.

•  To conduct parallel testing using live data in both paper and electronic form prior to cutover to live operation by December 2015 or early 2016.

•  To assess the outcomes of the ASW Pilot Project covering technical and financial matters for enhancing and addressing all aspects for the live implementation.

The elements of ASW Pilot Project:

•  In term of physical infrastructure, ASW is composed of NSW of ASEAN member states where bilaterally operate and integrate via ASW environment.

•  The exchangeable document is the electronic ATIGA Form D, and considering the other documents related to Customs clearance to be further use through ASW.

•  The relevant agencies comprise the Customs administration, the issuing authorities, such as ministry of trade or commerce in regard to the ATIGA Form D issuance.

•  The legal framework, regulations, and the relevant agreement will be used to electronically enable the secure cross-border transactions and regulatory requirements in ASW.

Role and Future Plans of the Thai Government:

•  The Thai Customs Department as a lead agency in establishing Thailand NSW and relevant agencies are enhancing NSW and other electronic systems to support the live exchange of electronic ATIGA Form D.

•  The amendment and ratification of the legal framework and relevant draft regulations has been reviewing by our representatives from related legal working group to support ASW data exchange.

•  The capacity building for the concerned stakeholders, e.g. the customs officers, importers/exporters will be conducted to gain their benefits and real understanding in electronic ATIGA Form D usage.

(Chinese Taipei) The ASEAN Trade Repository (ATR) provides a single point of access to all the trade-related information of ASEAN Member States. The ATR is an ASEAN-level IT interface linked by means of hyperlinks to a series of interoperable National Trade Repositories (NTRs) that provide and maintain the national-level trade related information and the actual contents.

The trade-related information accessible through the ATR is organized on the basis of nine 'topics' in line with Article 13 of the ASEAN Trade in Goods Agreement (ATIGA) . All the actual information is available on NTRs of the ASEAN Member States and duly maintained by their respective Governments.

The information found on the ATR is accessible both by 'topic' and by 'country' (i.e., the ten ASEAN Member States) . The nine 'topics' are the following:

(1)  tariff nomenclature;

(2)  MFN tariffs, preferential tariffs offered under the ATIGA and other Agreements of ASEAN with its Dialogue Partners;

(3)  rules of origin;

(4)  non-tariff measures;

(5)  national trade and customs laws and rules;

(6)  procedures and documentary requirements;

(7)  administrative rulings;

(8)  best practices in trade facilitation; and

(9)  list of authorised economic operators.

The structure of the ATR allows, for each topic, to retrieve the trade-related information sought in each ASEAN Member State.

For the National Trade Repositories of each ASEAN Member States, please visit http://atr.asean.org/read/national-trade-repositories/60.

(Australia) Thailand is currently undertaking EGA's product analysis and internal consultation with relevant agencies and stakeholders. However, as we have encountered 3 major problems during the implementation of tariff reduction in the APEC List of Environmental Goods and as EGA incorporates wide coverage of products, Thailand would require times for further analysis and consultation prior to joining the EGA.

3 major problems include:

(1)  The clarification of products (product's description may not be practical for customs' administration) .

(2)  The mismatch between HS code and product's description.

(3)  The difficulty of convincing stakeholders about reducing their tariffs because products under each HS code may not necessarily be environmental-related.

(Canada) The tariffs on 43 products out of 54 products in APEC EGs list have been reduced to 5% or less. The remainder is subject to the consideration of the Ministry of Finance and other related agencies. However, the final outcome of the consideration should be announced by the end of 2015.

(Australia) The six guidelines of the MOAC roadmap 2015, the same as the once under 3.22, are the structural and mechanical development and supports with covering the impact mitigation of natural disasters. They are also include improving the regulatory in accordance with international standard and commitment and area-based agricultural extension without focusing on specific products.

(Australia) According to the study of area suitability of rice, there are almost 30% of rice cultivating in unsuitable ground. Such practice results to the lower yield. Therefore, the government agency announced the suitable agricultural products for growing in the area concerned to farmers as a guideline. This plan is implemented in voluntary-based manner to ask the farmer to change their planting to appropriate plant without any incentive measure.

(US) Although the BOI retains its authority under Article 49-50 of the Investment Promotion Act, Thailand still monitors the WTO consistency of all measures when exercising one and has successfully managed to steer clear of the measure since 2004.