Integrity Legal

It appears that Thailand has thrown its “hat into the ring” in the campaign for a seat on the United Nations Security Council. In a recent press  release from Thailand’s Government Public Relations Department:

Thailand has submitted its candidature for a non-permanent seat on the United Nations Security Council (UNSC) for the term 2017-2018. The Thai government has also announced the official launch of Thailand’s campaign for UNSC, with the elections scheduled for October 2016, during the 71st session of the United Nations General Assembly.

Thai officials appear confident that Thailand would be well suited to the duties and responsibilities inherent in a non-permanent appointment to the United Nations Security Council. Thailand has always maintained the position that diplomacy can act as a deterrent to international conflict. Furthermore, Thailand has played an integral part in various United Nations operations:

Thailand has always answered UNSC’s call for collective action in UN peace missions around the world. Since 1950, Thailand has deployed over 20,000 military and police personnel in over 20 UN peacekeeping and related missions worldwide. Just recently, Thailand has for the first time sent its policewomen to participate in the UN Mission in Liberia.

As noted above, Thailand’s role in international peacekeeping initiatives cannot be overstated. Meanwhile, Thailand has continued to maintain a deep commitment to promoting human rights in an international context. At the same time, Thailand and Thai officials have implemented policies to promote not only security, but peaceful solutions to potentially contentious international issues. All of this being stated, it has been quite some time since Thailand has held a position on the UN Security Council notwithstanding the fact that the Kingdom of Thailand has played a key role in many UN projects and programs.

Thailand served as President of the General Assembly in 1956 and served once as a non-permanent member of UNSC in 1985-1986. It was elected to the UN Human Rights Council (HRC) for the term 2010-2013 during which it served as President between 2010 and 2011. Thailand has subsequently submitted its HRC candidature for a second term in 2015-2017.

As Thailand has recently been intimately involved with human rights issues as a member of the UNHRC it stands to reason that Thailand may be well equipped for a seat on the Security Council as the matters discussed and policies promulgated by the UNSC can have a tremendous impact on many nations and individuals around the world. Those monitoring this issue can only speculate as to the outcome of Thailand’s decision to seek a Security Council position, but there seem to be logical arguments in favor of placing Thailand in such an important role.

Tags: Thailand, UN Human Rights Council, UN peacekeeping, UN Security Council, UNHRC, United Nations General Assembly, United Nations Security Council, UNSC, US General Assembly
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The National News Bureau of Thailand is reporting that Thai authorities are implementing an evacuation program for Thai nationals in Egypt, the recent report noted that:

The Ministry of Foreign Affairs is evacuating 2,000 Thai people in Egypt with the first group of 560 people scheduled to arrive in Suvarnabhumi Airport this 19 August due to increasing violence. The Ministry of Foreign Affairs reported on Sunday that the situation in Egypt is still violent with heavy clashes between authorities and protesters…Spokesman of the Ministry of Foreign Affairs Manaswee Srisodapol said the Royal Thai Embassy in Cairo had been contacted by about 900 Thai people who wanted to return to Thailand. The embassy would arrange charter flights to take them from Cairo to Dubai where they would change planes to Suvarnabhumi Airport in Thailand, he said…

As the situation in Egypt continues to deteriorate many nations around the world are urging their Citizens to exercise caution if traveling to Egypt and in some cases such nations are making efforts to assist their citizens in departing from the country. The above cited report comes after a recent press release posted on the Thai Ministry of Foreign Affairs website citing the concerns of the Deputy Prime Minister of Thailand and Foreign Minister Mr. Surapong Tovichakchaikul:

1. Thailand is increasingly concerned by the deteriorating situation in Egypt, with violence resulting in heavy loss of lives and injuries, especially among innocent people.
2. As a country that is committed to upholding democratic principles and non-use of force, Thailand joins a large number of countries in condemning the excessive use of force which could only lead to further violence and undermine efforts to return to the democratic process and achieve an inclusive national reconciliation in the interest of all Egyptian people, which we believe, at this point in time, should be the most urgent priority.
3. We call on all parties to exercise utmost restraint and refrain from further violence. We also call on the interim Government of Egypt to ensure the safety and security of foreign nationals residing in Egypt.

Thailand’s Ministry of Foreign Affairs is responsible for administering the various Royal Thai Embassies and Royal Thai Consulates around the world. It would appear from the reports noted above that officials in the Kingdom of Thailand are going to great lengths to ensure that Thais in Egypt are given an opportunity to return to Thailand should they so desire. Those around the world can only hope that this situation will be brought to a peaceful solution as quickly as possible.

Tags: MFA, Royal Thai Embassy Cairo, Suvarnabhumi Airport, Thai Ministry of Foreign Affairs, Thailand Ministry of Foreign Affairs
Posted in Thailand Embassy | No Comments »

In previous postings on this blog the issues related to same sex marriage in the United States, and the immigration benefits connected thereto have been discussed. However, discussion about how same sex marriage is viewed in the eyes of the law in Thailand has been comparably brief. As of the time of this writing, there would seem to be a growing movement to legalize same sex unions in Thailand following a recent case involving two same sex partners who attempted to register their union in Thailand in much the same manner as different-sex couples. To quote directly from the Asia Times website:

Last year, Nathee Theeraronjanapong (55) and his partner Atthapon Janthawee (38) decided to make their 20-year relationship legal. Citing section 1448 of Thailand’s Civil and Commercial Code, which deems same-sex marriage unlawful, the head of registrations in Thailand’s northern city of Chiang Mai handed the couple a letter of denial…

An English translation of Section 1448 of the Thai Civil and Commercial Code reads as follows:

A marriage may take place only when the man and woman have completed their seventeenth year of age. But the Court may, with appropriate reason, allow them to marry before attaining such age.

In much the same way that Section 3 the Defense of Marriage Act (DOMA) only Federally recognized marriages between a man and a woman (notwithstanding the fact that some States recognized such unions) the governing laws of the Kingdom of Thailand only recognize marriage as a union between two people of the opposite sex. Notwithstanding the law’s view of this issue, it should be noted that the Kingdom of Thailand remains one of the most tolerant jurisdictions in Asia when it comes to issues of race, religion, creed, and sexuality. Thailand has a significant and thriving LGBT community and even in the workplace the sexual preferences of employees are considered personal matters. This stands in stark comparison to the atmosphere in other Asian countries and even other jurisdictions within the Association of Southeast Asian Nations (ASEAN). To quote from the website of Inter Press Service News Agency:

Sodomy is criminalised in six member countries of the Association of Southeast Asian Nations (ASEAN) – namely, Brunei, Burma, Malaysia and Singapore, as well as Marawi City in the Philippines and the South Sumatra Province of Indonesia.

At a very early stage compared to other nations around the world (including the United States), in 1956 Thailand repealed the law making sodomy illegal thereby permitting intimate consensual relationships between consenting adults of the same sex. This decision placed Thailand among the most progressive nations in Asia (and the world) on the issue of LGBT equality.

However, it would appear that implementing policies to allow same sex marriage in Thailand is a more daunting endeavor. Many outsiders view Thailand as having a somewhat laissez-faire, perhaps even libertarian view, on social issues. In fact, many Thais are very conservative in their opinions, especially Thais of the older generations. This is not to say that such people are intolerant as many Thais maintain very conservative personal opinions while simultaneously remaining tolerant regarding the decisions and life choices of others (a dichotomy which makes Thailand such a wonderful and interesting place to live). However, this dichotomy must be taken into consideration by those pressing for changes to the Thai marriage laws as the Inter Press News Agency noted:

Danai Linjongrat, executive director of the Rainbow Sky Association, has been urging caution in the drafting of the civil union bill, so that it will not inadvertently fan the flames of intolerance and heighten regional stigmatisation of the LGBTIQ community. “We are looking for a bill that equalises all relationships,” he told IPS. “For example, the current marriage law grants heterosexual couples the right to marry once they reach the legal age of 17, but for LGBTIQ people the legal marriage age would be 20 years old.”

This blogger feels that it is likely that the rules regarding registration of marriage for same sex couples in Thailand will change at some point in the future. As the younger generation grows older it stands to reason that many will feel that the current legal prohibitions on same sex marriage are antiquated. Furthermore, Thai lawmakers often maintain a deep sense of pragmatism when it comes to issues which may impact tourism and foreign capital investment in the country. Should same sex marriages be permitted in Thailand, the already large LGBT tourism sector would likely grow due to others from Asia (and around the globe) traveling to Thailand to register their marriages. Also, those foreign nationals with a Thai same sex spouse would be more likely to bring their assets to a jurisdiction which recognizes their union as such a jurisdiction would provide ancillary benefits regarding issues such as estate planning, healthcare decision making, and taxation. Although LGBT equality is a human rights issue and not strictly one of economics, the economic component of the same sex marriage debate is one that lawmakers are likely to take seriously. The conclusion of the same sex marriage debate in Thailand remains to be seen, but a rational debate of this issue in Thailand is a good start.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Brunei, Burma, Defense of Marriage Act, DOMA, Indonesia, LGBT Equality, Malaysia, Marawi City, Marriage Registration, Philippines, Rainbow Sky Association, Same Sex Marriage, same sex marriage in Thailand, same sex marriage registration Thailand, Singapore, South Sumatra Province, Thai Civil and Commercial Code, Thai Civil and Commercial Code Section 1448
Posted in Thailand Marriage Registration | No Comments »

Recently, the Foreign Minister of the Kingdom of Thailand visited the United States of America and was welcomed by the American Secretary of State. Some of the remarks made in a press conference may be notable to those interested in American foreign policy and the relationship between the United States and Thailand. To quote directly from remarks made by Secretary of State John Kerry in a recent State Department press release:

I want to thank our friends in Thailand, who represent the longest security relationship, the longest partner that we have in Asia – 180 years of a treaty relationship with Thailand. They are our partner in the largest multinational field exercise that takes place in the region.

The Treaty noted above is the Treaty of Amity and Economic Relations Between the Kingdom of Thailand and the United States of America (sometimes colloquially referred to as the US-Thai Treaty of Amity). This Treaty could be viewed as an update of previous Treaty agreements made prior to the Amity Treaty’s ratification in 1966. The Treaty of Amity represents one of the best sources of legal protection for American Citizens and American Companies conducting business in Thailand as it provides “National Treatment” to American companies in Thailand. So long as American companies (or American owned Thai Companies) receive certification from the Thai Ministry of Commerce, they arre permitted to legally operate in Thailand notwithstanding the provisions of the Thai Foreign Business Act. There are some restrictions on the business activities which an Amity Company may undertake, but overall the Treaty is a significant boon to American businesses operating in Thailand.

The Treaty not only symbolizes strong Thai-American relations in the commercial sphere, it also is seen as a symbol of America’s long standing diplomatic and security relationship with the Kingdom of Thailand, as Secretary Kerry noted in the aforementioned quote. Thai Foreign Minister Dr. Surapong Tovichakchaikul also commented upon the close relationship between Thailand and the United States, citing a relatively recent visit to the Kingdom of Thailand by President Obama:

Last November, President Obama visited Thailand as his first stop in Southeast Asia after his reelection. His visit served to strengthen our strong partnership. My meeting with Secretary Kerry today will be a good chance to continue dialogue on our future partnership, especially as we mark 180 years of Thai-U.S. diplomatic relations this year.

Those wishing to read this press release in detail are encouraged to click HERE.

As the prospect of an integrated ASEAN Economic Community draws near, it stands to reason that the United States and Thailand will continue to maintain their close relations as Thailand will likely prove to be a significant participant in the pan-ASEAN economic bloc. This important role for Thailand within the ASEAN framework could also prove beneficial to American business in Thailand. Only time will tell.

Tags: AEC, Amity Company, Amity Treaty, ASEAN, ASEAN Economic Community, National Treatment, Secretary of State John Kerry, Thai Foreign Business Act, Thai Foreign Minister Dr. Surapong Tovichakchaikul, Thai Ministry of Commerce, Thai-U.S. diplomatic relations, Thailand company, Treaty of Amity, US-Thai Treaty of Amity
Posted in American Business, Amity Treaty, News, Thailand Business, Thailand company, US State Department | No Comments »

In a recent press release from the United States Department of State, Daniel R. Russell, Assistant Secretary, Bureau of East Asian and Pacific Affairs, discussed the recent anniversary of the Association of Southeast Asian Nations (ASEAN) and the interaction between the ASEAN economies and that of the United States. To quote directly from the recent press release posted on the State Department website:

As the Secretary noted in a statement last week on August 8, the anniversary of ASEAN’s founding, the United States is deeply committed to supporting and partnering with ASEAN…ASEAN is growing in importance. The ten ASEAN countries include two close U.S. treaty allies, valuable security partners, thriving democracies, and Muslim majority nations that are both moderate and influential. ASEAN represents the United States’ fifth largest trading partner and our fourth largest export market. Following U.S. accession to the ASEAN Treaty of Amity and Cooperation in 2009, and in a clear sign of our support for ASEAN, the United States became the first non-ASEAN country to establish a dedicated Mission to ASEAN in Jakarta in June 2010…

Those interested in reading this press release in detail are encouraged to click on the hyperlink noted above.

The United States government is clearly intent on increasing ties with the ASEAN region as the economies have such a significant impact upon the American economy. Meanwhile, many of the countries in ASEAN, including the Kingdom of Thailand, have long standing ties buttressed by cooperation politically, militarily, and economically . In short, the US-ASEAN relationship is a “win-win” for all concerned. The remarks noted above, were followed up by references to the upcoming implementation of a more integrated ASEAN Economic Community (AEC), which is due to become a reality in 2015. To quote further from the aforementioned press release:

The ASEAN-U.S. partnership is grounded in cooperation across political, security, and cultural spheres. Our engagement with ASEAN has led to tangible results in such areas as maritime security, humanitarian assistance, and disaster relief. Our work through the Lower Mekong Initiative has led to positive outcomes supporting the establishment of the ASEAN Economic Community in 2015 and development in the Lower Mekong sub-region. And the United States is committed to capacity building for the ASEAN Secretariat…

As the date for ASEAN economic integration draws increasingly close, the countries which comprise ASEAN (Malaysia, the Philippines, Singapore, Thailand, Brunei, Myanmar, Cambodia, Laos, and Vietnam) would appear to be waiting with bated breath to ascertain whether or not the transition will be a smooth one. It is this blogger’s opinion that the ASEAN Economic integration will in fact turn out to be a rather seamless transition as a great deal of time and effort has been expended by all parties to analyze possible problems and implement solutions prior to the integration itself. The United States has shown (through frequent Presidential visits to the ASEAN region as well as policies which provide support for ASEAN’s initiatives) that it is committed to not only engaging the ASEAN region, but also assisting in creating a mutually beneficial framework for US-ASEAN relations in the future.

Tags: AEC, American Mission ASEAN, American State Department, ASEAN, ASEAN Economic Community, Asean Secretariat, ASEAN Treaty of Amity and Cooperation, ASsociation of Southeast ASian Nations, Brunei, Cambodia, Laos, Lower Mekong Initiative, Malaysia, Myanmar, Singapore, Thailand, the Philippines, US Department of State, US Mission Asean, US-ASEAN relations, Vietnam
Posted in ASEAN Business | No Comments »

Although this blog is generally one which focuses on Thai business, it would appear that show business is becoming big business in the Southeast Asian Kingdom as that industry is posting record earnings. To quote directly from a recent posting on the TTRweekly.com website:

Thailand earned a record Bt870.29 million from on-location film shoots, January to May, according to a Ministry of Tourism and Sports’ Thailand Film Office Department update, released earlier this week…Japan filmmakers topped the list for the first five months with 71 productions followed by 62 from India, 46 from Europe, 23 from Hong Kong, 20 from South Korea, 16 each from China and the United States, 10 from Australia, four from Taiwan and 66 from other nations…

Those interested in reading this entire story are encouraged to click on the hyperlink above.

Clearly the entertainment industry in Thailand is bustling. Many view the revenues generated from foreign productions in Thailand as a significant boon to the economy since the revenue is derived from a foreign source, so they are seen as direct injections of foreign capital into the Thai economy. Meanwhile, the ancillary benefits of these foreign productions can most tangibly be seen in the area of job creation. As more foreign productions are looking to Thailand as an option for filming, more Thais are being recruited and put to work assisting in these productions. To provide further insight into these developments a quote from a recent article on Variety.com provides further details:

The film and television industry in Thailand contributed $2.2 billion to the country’s economy and supported 86,600 jobs in 2011, the most recent year for which those figures are available…Thailand lures foreign productions because they bring in direct revenue, and help attract tourists…The industry generated tax revenues of $81.4 million in 2011, according to the Motion Picture Assn. Meanwhile, the National Federation of Thai Film Assns. expects the local pic industry to double in size this year, with the key films being “King Naresuan 5,” “Tom yum goong 2″ and horror pic “Pee mak phra khanong.” Big Western movies in recent years include “Hangover II” and “The Impossible.” The massive success of the Chinese movie “Lost in Thailand” has resulted in a noticeable rise in the number of Chinese tourists…

To view this article in detail please click on the hyperlink noted above.

As the Thai domestic market for motion pictures is expected to grow it stands to reason that there will be further growth ahead for the entertainment industry in Thailand. Meanwhile, an upshot of the film world’s love affair with Thailand is an increase in tourism to Thailand, as noted above. This blogger can say from personal experience that there does seem to be an increasing number of Chinese tourists sightseeing in Bangkok. Whether all of these tourists are coming due to increased exposure of Thailand in Chinese films, or simply because Thailand remains one of the premiere tourist destinations is an interesting question to ponder. However, one thing is clear, Thailand is benefiting from the entertainment industry (both foreign and domestic) and it appears that the Kingdom will continue to do so.

Tags: Entertainment Business Thailand, Entertainment Industry, Entertainment News, Film in Thailand, Film Industry, Filming in Thailand, Foreign Productions Thailand, Thai Entertainment Business, Thai Entertainment Industry, Thai Movie Industry
Posted in Thailand Business | No Comments »

Millions of people around the world wish to take up residence in the United States of America and often wish to become American Citizens. However, it would appear that some Americans are cutting ties with the USA and renouncing their United States Citizenship. Names of all those Americans who renounce their United States Citizenship are recorded and published in the United States Federal Register. These lists are generally not particularly newsworthy. However, in the most recent quarterly publication regarding US Citizenship renunciation it would appear that the number of Americans renouncing their United States Citizenship has jumped by over 60% when compared to previous quarters. In the last quarter 1,131 people renounced their United States Citizenship. This number is a large increase from the previous quarter which saw only 679 renunciation. Although, when compared against the same quarter of the previous year which saw only 188 renunciations the 1,811 figure is rather staggering. Is this simply a one-time anomaly or is this the sign of a growing trend?

While some are speculating as to what this trend means in a broad socio-economic context, I feel that some analysis is necessary to put some perspective on these numbers. A reader looking at the Federal Register’s official posting regarding these numbers will likely note the following information:

For purposes of this listing, long-term residents, as defined in section 877(e)(2), are treated as if they were citizens of the United States who lost citizenship.

The casual reader may wonder: what does this mean? Well to quote directly from the Cornell Law School’s website which lists sections 877 (e)(1) and 877(e)(2):

(1) In general

Any long-term resident of the United States who ceases to be a lawful permanent resident of the United States (within the meaning of section 7701 (b)(6)) shall be treated for purposes of this section and sections 2107, 2501, and 6039G in the same manner as if such resident were a citizen of the United States who lost United States citizenship on the date of such cessation or commencement.

Therefore, based upon the information provided by the Federal Register and the United States statutes noted above some of those listed in the Federal Register as those renouncing their Citizenship could be United States Lawful Permanent Residents (colloquially referred to as “Green Card” holders) who have chosen to give up their permanent resident status. This explanation probably does not account for all of the “Citizenship renunciations” listed in the recent Federal Register publication, but it may account for some of these numbers. In any event, the number of those expatriating from the United States remains high compared to previous points in American history. The question remains, why are higher numbers of Americans renouncing their citizenship?

There are some who contend that the recent spike in citizenship renunciation may stem from American policy regarding taxation of United States Citizens living abroad. American Citizens (as well as lawful permanent residents) are taxed on their worldwide income, regardless of where they physically reside. This situation is in stark contrast to the tax policies of virtually every other country in the world as most countries only tax those of their citizenry who reside in their country. There are exceptions to the previous statement as issues such as domicile play into many countries’ foreign taxation policies. Many feel that the recent increases in the number of renunciations is driven by Americans with high foreign derived incomes seeking to rid themselves of the need to pay American taxes. In a major story from last year it was noted that one of the founders of Facebook had renounced his United States Citizenship before the IPO of that company’s stock. It should be noted that some argue that his tax obligations at that time may not have actually decreased as a result of his decision to give up his citizenship (due to American tax laws such as the so-called “Expatriation Tax” or “Exit Tax”), although his future tax liabilities may be reduced as a result of that decision. Perhaps more Americans are taking the (somewhat drastic) step of renouncing their citizenship in order to save some money from the tax man. Without knowing each former-American’s motivations for renouncing United States Citizenship we are left to speculate.

There may be another impetus behind the recent increase in the number of Americans renouncing their Citizenship: the FATCA. The Foreign Account Tax Compliance Act (FATCA) compels financial institutions outside of the United States to report information about accounts maintained by American Citizens or lawful permanent residents to the Internal Revenue Service. Furthermore, foreign financial institutions are also required to report on accounts maintained by foreign corporations in which Americans or Lawful Permanent Residents own a significant interest. The FATCA’s implementation has been pushed back until July of 2014. Could the looming specter of the FATCA be the reason for the recent uptick in American’s renouncing their citizenship? One of the many upshots of the FATCA is the fact that the regulatory requirements imposed by the American government on foreign banking and financial institutions can be rather burdensome. One way that these foreign institutions can relieve themselves of these burdens is by refusing to accept American customers. If there are no Americans holding accounts at a given foreign bank, then the bank does not necessarily have to comply with the provisions of the FATCA. This has lead to a situation where more and more overseas banks are refusing to provide services to Americans living and working abroad. By renouncing United States Citizenship and naturalizing to the Citizenship of another country a former American could bank in much the same manner as other foreign nationals.

The decision to renounce one’s U.S. Citizenship is a significant one and should not me made lightly. There are many benefits to being an American Citizen so those thinking of renouncing their Citizenship should review not only their tax situation, but also the intangible and tangible benefits of their American citizenship (including the US Passport). Will this trend continue? It remains to be seen, but there are many who feel that as American oversight of global taxation matters becomes more ubiquitous there will be more American’s who question the value of their citizenship.

–Benjamin W. Hart is an American attorney who resides in Bangkok, Thailand.

For related information please see: Citizenship Renunciation.

Tags: American Citizenship, American Citizenship Renunciation, American Passport, American Tax, American Taxation, Exit Tax, Expatriation Tax, FATCA, FATCA 2014, Federal Register, Foreign Account Tax Compliance Act, Green Card, Internal Revenue Service, Lawful Permanent Resident, long term resident, Renounce American Citizenship, Renounce US Citizenship, Renouncing American Citizenship, Renouncing US Citizenship, United States Citizenship, United States Federal Register, US Citizenship, US Citizenship Renunciation, us passport, US Tax, US Taxation
Posted in US Citizenship, US Taxes | No Comments »

It recently came to this blogger’s attention that the Association of Southeast Asian Nations (ASEAN), the regional bloc which includes Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Burma (Myanmar), Cambodia, Laos, and Vietnam, celebrated it’s 46th birthday. To quote directly from the website thepeninsulaqatar.com:

DOHA: Ambassadors of Association of Southeast Asian Nations (Asean) in Qatar were in accord, saying Asean will meet its target to integrate the 10 nations’ economies by end of 2015, as they celebrated the 46th Asean Day yesterday at the Vietnam Embassy…Singapore Ambassador Wong Kwok Pun cited some areas that Asean has made progress on the implementation of the Asean Charter. In particular, he pointed out Asean has made headway on disputes settlement mechanism, has been working towards the implementation of the roadmap for the Asean community, and taken big steps toward an integrated and sustained economic development…

The implementation of policies which would create an ASEAN Economic Community (AEC) has been an oft-discussed topic among business and legal professionals throughout Southeast Asia. This issue is such a significant topic because by creating a unified Southeast Asian marketplace the countries which comprise ASEAN would become one of the largest markets in the world virtually overnight. That stated, there is a great deal of debate as to whether or not the transition into a unified market will occur smoothly. Some argue that the disparate laws, regulations, and policies throughout the ASEAN member states will not easily coalesce into a workable framework for businesses to operate in the region until governments in ASEAN can implement local policies to bring their regulations in line with the other ASEAN nations. On the  other hand, some argue that because ASEAN leaders have adopted a slow approach to integrating the ASEAN economies the nations which comprise this trading bloc will be able to integrate within the larger body relatively quickly.

Of further concern to both foreign nationals as well as nationals from ASEAN member nations is the promulgation of a single ASEAN visa scheme. Presently, there is not a single visa which one can obtain which would allow the bearer to travel unfettered throughout the the whole of ASEAN. However, leaders in some of the ASEAN countries are looking to remedy this. To quote from the website aseanvisa.com:

Ministers and tourism authorities of the Philippines, Myanmar, Cambodia, and Indonesia have expressed their intention to collaborate with relevant government agencies and other stakeholders to facilitate travel in the region by developing a common smart visa system…According to www.smartvisa.travel, a smart visa is a digital paperless substitute for a traditional visa that can be obtained by a traveler from a travel agent or participating airline…

Clearly, steps are being taken to create some sort of travel document which would provide immigration benefits in multiple ASEAN nations simultaneously. The impetus behind the push for a single ASEAN visa seems to stem from two sources. First, many of the ASEAN nations would appear to view an ASEAN visa as a means of increasing tourism throughout ASEAN. This would appear to especially be a concern to officials in those Southeast Asian nations which do not benefit from high tourism as compared to their other ASEAN counterparts. By creating a visa which allows for access to more than one ASEAN jurisdiction tourist travel to some countries might increase as travelers are no longer deterred in making “side trips” to less popular destinations due to a desire to avoid the need to obtain another visa. Another consideration would appear to be business travel, as ASEAN economic integration continues to gather steam it stands to reason that more foreign nationals will need to visit multiple ASEAN jurisdictions in order to conduct business in the region. By implementing policies to provide for a single ASEAN visa, business travel may increase throughout the region.

The aforementioned article also mentions the recent decision by Thai and Cambodian Immigration authorities to provide a unified visa scheme for travelers wishing to visit those two countries. To quote further from the aseanvisa.com article:

It [the single ASEAN visa scheme] also builds on the single visa scheme for tourism travel between Cambodia and Thailand, which was implemented on January 1, 2013. Progressive relaxation and an Asean common visa would also benefit non-Asean nationals who intend to visit the Asean countries…

One can speculate whether or not the Thai-Cambodian visa scheme mentioned above will one day be consolidated into a pan-ASEAN visa scheme. There are certainly arguments as to the benefits of such an integration, most notably the probable increase in tourism to all of the ASEAN nations. However, one thing remains clear: it appears that virtually all leaders of the ASEAN nations are assiduously studying the ramifications of a single ASEAN visa scheme and should their findings prove that such a scheme would be a benefit to all of ASEAN; then it is likely that such a scheme will eventually come into existence.

For related information please see: Thailand visa.

Tags: AEC, ASEAN, Asean Charter, Asean common visa, ASEAN community, ASEAN Day, ASEAN Economic Community, ASEAN Visa, ASsociation of Southeast ASian Nations, Brunei, Burma, Cambodia, Cambodia Visa, Cambodian Immigration, Cambodian Visa, Indonesia, Laos, Malaysia, Myanmar, pan-ASEAN visa, Philippines, Singapore, Singapore Ambassador Wong Kwok Pun, single ASEAN visa, Single ASEAN visa scheme, smart visa, smart visa system, Southeast Asia, Thai Immigration, Thai Visa, Thai-Cambodian visa, Thailand, Thailand Visa, travel agent, Vietnam, Vietnam Embassy
Posted in ASEAN Visa | No Comments »

Many Lesbian, Gay, Bisexual, and Transgender (LGBT) couples have questions regarding United States Immigration in the aftermath of the Supreme Court’s finding in the Windsor case that Section 3 of the Defense of Marriage Act (DOMA) is unConstitutional. Both the United States Citizenship and Immigration Service (USCIS) and the Department of State have previously issued answers to frequently asked questions on this topic. In a previous posting on this blog, USCIS’s answers to these FAQs were discussed. However, it recently came to this blogger’s attention that the USCIS has issued further answers to such FAQs to further clarify their position on this issue. To quote directly from these new answers to FAQs on the official website of the USCIS:

Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa? NEW
A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.

Clearly American Citizens or Lawful Permanent Residents may petition for an immigrant spouse visa such as an IR1 visa, CR1 visa, or by extension a K3 visa (as the K-3 visa petition is a supplementary petition based upon the initial petition for an immigrant visa). Furthermore, when applying for the visa at a US Embassy or US Consulate abroad during the Consular Processing phase of the US immigration process the application will be viewed in the same way as an application based upon a different-sex marriage. Also, adjustment of status applications for the same sex spouse of a US Citizen or Lawful Permanent Resident will be adjudicated in the same manner as a similar application for a different-sex spouse.

A question for many same sex and LGBT couples concerns the State of the couple’s residence versus the State of marriage since there are only a few States which allow such marriages while other states either do not recognize such unions or specifically forbid such unions. USCIS issued further clarification on this issue in their recently updated FAQ section:

Q3: My spouse and I were married in a U.S. state or a foreign country that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse? NEW
A3: Yes. As a general matter, the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes.  Just as USCIS applies all relevant laws to determine the validity of an opposite-sex marriage, we will apply all relevant laws to determine the validity of a same-sex marriage..

There may be some limited circumstances where the law of the couple’s residence may determine their legal standing on certain issues. However, as can be seen from the above quoted FAQ, the USCIS appears to primarily defer to the law of the State which legalized the marriage when determining whether the couple is eligible for immigration benefits.

Finally, this blogger does not recall the USCIS previously answering questions regarding immigration petitions which were filed with USCIS prior to the Supreme Court’s holding that Section 3 of DOMA violates the U.S. Constitution. The following section of USCIS’s recently expanded FAQ section would appear to respond to this inquiry:

Q5. My Form I-130, or other petition or application, was previously denied solely because of DOMA.  What should I do?
A5.  USCIS will reopen those petitions or applications that were denied solely because of DOMA section 3.  If such a case is known to us or brought to our attention, USCIS will reconsider its prior decision, as well as reopen associated applications to the extent they were also denied as a result of the denial of the Form I-130 (such as concurrently filed Forms I-485).

• USCIS will make a concerted effort to identify denials of I-130 petitions that occurred on the basis of DOMA section 3 after February 23, 2011.  USCIS will also make a concerted effort to notify you (the petitioner), at your last known address, of the reopening and request updated information in support of your petition.
• To alert USCIS of an I-130 petition that you believe falls within this category, USCIS recommends that you send an e-mail from an account that can receive replies to USCIS at [email protected] stating that you have a pending petition.  USCIS will reply to that message with follow-up questions as necessary to update your petition for processing.  (DHS has sought to keep track of DOMA denials that occurred after the President determined not to defend Section 3 of DOMA on February 23, 2011, although to ensure that DHS is aware of your denial, please feel free to alert USCIS if you believe your application falls within this category.)
• For denials of I-130 petitions that occurred prior to February 23, 2011, you must notify USCIS by March 31, 2014, in order for USCIS to act on its own to reopen your I-130 petition.  Please notify USCIS by sending an e-mail to USCIS at [email protected] and noting that you believe that your petition was denied on the basis of DOMA section 3.

Once your I-130 petition is reopened, it will be considered anew—without regard to DOMA section 3—based upon the information previously submitted and any new information provided.   USCIS will also concurrently reopen associated applications as may be necessary to the extent they also were denied as a result of the denial of the I-130 petition (such as concurrently filed Form I-485 applications).

Additionally, if your work authorization was denied or revoked based upon the denial of the Form I-485, the denial or revocation will be concurrently reconsidered, and a new Employment Authorization Document issued, to the extent necessary.  If a decision cannot be rendered immediately on a reopened adjustment of status application, USCIS will either (1) immediately process any pending or denied application for employment authorization or (2) reopen and approve any previously revoked application for employment authorization.  If USCIS has already obtained the applicant’s biometric information at an Application Support Center (ASC), a new Employment Authorization Document (EAD) will be produced and delivered without any further action by the applicant.  In cases where USCIS has not yet obtained the required biometric information, the applicant will be scheduled for an ASC appointment.

• If another type of petition or application (other than an I-130 petition or associated application) was denied based solely upon DOMA section 3, please notify USCIS by March 31, 2014, by sending an e-mail to USCIS at [email protected] as directed above.  USCIS will promptly consider whether reopening of that petition or application is appropriate under the law and the circumstances presented.

No fee will be required to request USCIS to consider reopening your petition or application pursuant to this procedure.  In the alternative to this procedure, you may file a new petition or application to the extent provided by law and according to the form instructions including payment of applicable fees as directed.

Clearly, USCIS is committed to implementing policies and regulations based upon the US Supreme Court’s recent finding. By reopening previously denied petitions and taking steps to provide same sex couples with the same standing as different-sex couples in future immigration adjudications this agency is making great strides toward equalizing the US family immigration process for families of all kinds.

To review the recently released information on this topic from the Department of State please see: Consular Processing.

Tags: Adjustment of Status, American Consulate, American Embassy, American State Department, Consular Processing, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Department of State, DOMA, DOS, IR-1 Visa, IR1 Visa, K-3 Visa, K3 Visa, LGBT marriage, lgbt visa, Same Sex Marriage, same sex visa, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Supreme Court, US visa LGBT, US visa same sex marriage, USCIS, visa application, Windsor, Windsor Case, Windsor decision
Posted in Adjustment of Status, CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, lgbt immigration, same sex visa, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The administration of this blog routinely posts the holiday closing schedules of the various US Embassies and US Consulates in the Southeast Asia region to provide a single source for such information to Americans who frequently travel in the region as well as foreign nationals who may be seeking services at such posts. The following is quoted directly from the official website of the United States Embassy in Vientiane, Laos:

Substitution days. Please note: According to the prevailing practice in Laos, official holidays which fall on Saturday will be observed on the preceding Friday and Sunday on the following Monday.

Each year, a significant number of Americans travel to a US Embassy or US Consulate abroad in order to request services such as Passport renewal, additional visa pages, notarization, Consular Reports of Birth Abroad (CRBA), and much more. Those wishing to avail themselves of these services are encouraged to contact American Citizen Services at the US Embassy or US Consulate concerned. In most cases, Americans are well-advised to make an appointment prior to traveling to the post as some Embassies and Consulates require a prior appointment while others can process a request much more quickly if an appointment has been made before arrival at the post.

Foreign nationals, especially those wishing to apply for a US visa, are also occasionally in need of access to a US Embassy or US Consulate abroad. In circumstances where a US visa is being sought it is generally a requirement that the foreign national schedule an appointment for visa interview prior to traveling to the post. Applicants for a US Tourist Visa (B-2 visa), US Business Visa (B-1 visa), US Student Visa (F-1 visa), or an Exchange Worker Visa (J-1 visa) are usually interviewed by a Consular Officer with a Non-immigrant visa unit. Meanwhile, those seeking an IR-1 visa (immigrant relative visa), CR-1 visa (conditional immigrant visa for an immigrant relative), K-3 visa (non-immigrant spouse visa), or a K-1 visa (US fiance visa for the fiance or fiancee of an American Citizen) are usually required to undergo an interview before a Consular Officer under the Immigrant Visa Section of the Consular Post.

Tags: additional visa pages, American Citizen Services, American Visa, B-1 Visa, B-2 Visa, Consular Reports of Birth Abroad, CR-1 Visa, CR1 Visa, CRBA, Exchange worker visa, F-1 Visa, Holidays US Embassy Laos, IR-1 Visa, IR1 Visa, J-1 visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, Laos Holidays, notarization, Passport renewal, U.S. visa, U.S.A. Visa, United States Embassy in Laos, United States Embassy in Vientiane, United States Embassy in Vientiane Laos, US Business Visa, US Consulate, US Consulates, US Embassies, US Embassy, US Embassy Laos, US Embassy Vientiane, US Fiance Visa, US Fiancee Visa, US Student Visa, US Tourist Visa, US Visa, USA Visa
Posted in US Embassy Laos | No Comments »