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The United States of America and the Kingdom of Thailand have one of the longest diplomatic relationships in Asia. The two countries have been allies for many years and have a mutually beneficial trade relationship. This post provides a brief overview of American-Thai relations since formal diplomatic relations began in the early 19th century.

On March 20, 1833 the United States of America and the Kingdom of Thailand concluded the Treaty of Amity and Commerce. The Administration of President Andrew Jackson sent Edmund Roberts as plenipotentiary in order to refine and ultimately sign the Treaty. King Rama III, through his Ministers and Emissaries, entered into the Treaty that would be the touchstone for all future diplomatic relations between the two nations.

This Treaty placed the USA on the same level as many other “Great Power’ countries with diplomatic ties to Thailand (the Siam). This Treaty is also noteworthy because it marks the first Treaty between the USA and an Asian nation. Before the signing of the Treaty of Amity and Commerce, the United States had yet to conclude any diplomatic treaties with any other nation in Asia.

In 1856 King Rama IV and Townsend Harris, and emissary of the Franklin Pierce Administration, concluded the Treaty of Amity, Commerce, and Navigation. This document gave US Citizens extraterritorial rights in the Kingdom and established the first consulate in Bangkok, with one Stephen Matoon as the US’s first resident consul in the Kingdom.

Rama VI and representative of the Wilson administration signed a new Treaty in 1920. This Treaty (which could be viewed as something of a revision of the preceding treaty) was a significantly more equitable document than those before it.

In 1937, following political turbulence in Thailand directly resulting from the revolution and adoption of the first Thai constitution, the Treaty of Friendship, Commerce, and Navigation was legalized.  The following decade Thailand would be pressured by the Japanese to declare war upon the USA. In a somewhat interesting series of events, the Thai Ambassador either refused to deliver the declaration or the US Secretary of State refused to accept it (the details of this exchange are unclear, but it would seem neither wished to acknowledge the declaration).

After the second world war, relations between the two nations regularized and thrived. In May of 1966 the US-Thai Treaty of Amity was signed in as the law of the land in both nations. This Treaty acts as the basis for reciprocal agreements in which Thai National’s can receive a US visa and American Citizens can obtain a Thai visa. This Treaty is currently in force at the time of this writing and acts as the framework for all trade and business relations between the two nations. Thailand and the USA also have close military and political ties as evidenced by joint military operations in the Kingdom known as Cobra Gold.

Currently, both governments claim to be in continuing negotiation regarding trade going forward. Under former Prime Minister Thaksin Shinawatra, trade negotiations were held in order to update legal relations, but the talks fell apart over issues involving Intellectual Property concerns. There are some questions regarding rights conferred under the US-Thai Treaty of Amity going forward.

As of April 29th 2009 – Americans are currently accorded preferential treatment compared to other nationalities under the US-Thai Treaty of Amity

Thanks for reading!

(Note: Nothing contained in this post should be construed as legal advice nor as an agreement creating an attorney-client relationship. One should always obtain legal advice from a duly licensed Attorney)

Tags: Diplomatic History, Siam, Thailand, Treaty of Amity Company, US Thailand Treaty of Amity, USA
Posted in Thailand Business | 1 Comment »

For a foreign small business owner in Thailand in order to obtain a Thai visa extension the foreigner must hold a valid Thai work permit, the business must employ 4 Thais per foreign employee, and must get those Thai employees social security benefits. All of this is  fairly straightforward, but a question arises when the non-Thai foreigner is the Managing Director of the company: is the Managing Director entitled to sign up for and receive social security benefits?

Many issues are left to the discretion of the Thai government officers so one of the frustrating aspects of doing business in Thailand is the fact that different offices interpret the Thai laws and internal administrative regulations differently. Case in point, some social security offices view the Managing Director of a Thai company as ineligible to receive social security benefits because he is not “labor,” and therefore is not someone who should be accorded labor protections under Thai law.

This is an odd stance to take particularly when looking at the issue from a common-law perspective because under the jurisprudence of most common law jurisdictions an incorporated entity is viewed as a legal person, separate and distinct from natural persons (even where a natural person is the sole owner or director of a company, or juristic person). Therefore, under the common law, the stance would probably be that the Managing Director works for the company and therefore is entitled to employment benefits like social security.

A counterargument to this position could be that although working on behalf of the company, this role is different than actually working “for” the company. As the Managing Director is, in a sense, the living embodiment of the company. It is a very semantic argument, but not one without at least some merit.

All of this begs the question: How does one  obtain social security benefits for the managing director of a company in Thailand? Where the person seeking the benefit has already enrolled for social security, the benefit can be rolled over when the person becomes managing director. However, the person seeking to roll over the benefit must have left their previous employment no more than 6 month prior to roll over (and this time frame may be left to the discretion of the Social Security legal officer). Another method for obtaining the benefits in this situation is by delineating and distinguishing between Managing Director functions and functions as an employee. In order to do this, one must also show separate pay for the separate endeavors. At the end of the day, it is up to the officer’s discretion and it is always wise to consult a Thai lawyer before making any major business decisions in Thailand.

For more information, please see:

Thailand Visa

Thai Company Incorporation

Note: None of the above should be construed nor used as a substitute for individualized advice from a duly licensed attorney in good standing. No attorney client relationship should be inferred from reading this post

An oddity of Thailand’s Social Security benefits scheme

Tags: Managing Director, Thai Company, Thai Visa Extension, Thai Work Permit, Thailand Business, Thailand Social Security, Thailand Visa
Posted in Thailand Business | 1 Comment »

Many people dream of living and working in Thailand. Some love the beaches, while others love the exotic atmosphere and “mai pen rai,” attitude of the Thai people. Still others see Thailand as a land of unexploited opportunity. Whatever employment opportunities Thailand holds, it is imperative that a non-Thai seeking employment in Thailand first acquire a Thai work permit before they begin working in the Kingdom.

The Difference Between a Thai Work Permit and a Thai Business Visa

Unlike some other countries, notably Korea, Thailand has a system in which a long term visa is a different document from a work permit. A common misconception is the belief that a Thai Business Visa gives the bearer the right to work in Thailand. A Business visa and a Thai work permit are two different documents issued by two different Thai government agencies. The Thai work permit is issued by the Thai Ministry of Labour while the Thai Business Visa is issued at a Royal Thai Consulate overseas and extended at a Royal Thai Immigration police office within the Kingdom.

Who Needs A Thai Work Permit?

In Thailand a work permit is a necessity for the expat wishing to earn a living in the tropical Kingdom. Many people in Thailand opt to work without obtaining the proper work permit. Still others work for companies and are told that a Thai work permit is not needed. This scenario is often played out where teaching is involved. Many teachers are told by their schools that they do not need a work permit. In reality, anyone engaging in any sort of labor in Thailand must obtain a work permit. Even those participating in charity work must get a Thai work permit.

How can a Thai Lawyer Assist in Obtaining a Thai Work Permit

A Thai lawyer can give specific advice regarding the steps that must be taken in order to obtain a Thai work permit. Also, a competent legal professional can accompany the non-Thai work permit seeker to the Thai Ministry of Labour (Labor) in order to submit the work permit application and ultimately obtain the actual Thai work permit. It is always recommended that those seeking a Thai work permit retain the services of a legal professional in order to expedite the application properly.

Note: None of the above post should be used in lieu of legal advice from a licensed attorney in the jurisdiction in which one wishes to conduct business.

Tags: Thai Ministry of Labor, Thai Work Permit, Thailand Business Visa, Thailand Employment Law, Thailand Immigration, Thailand Work Permit
Posted in Thailand Business | No Comments »

Many people come to Thailand and make the decision to start a small (or not so small) business. Thailand has a very relaxed way of life, but when it comes to Thai company registration, the pitfalls can be many. Incorporating a Thai company can take a great deal of time and cause a great deal of frustration, but with the proper legal advice the process can be quite smooth, if not pleasant.

Types of Thai Company Structures

There are many different types of Thai corporate structures: Thai Limited Partnerships, Thai Unregistered Partnerships, Thai Public Limited Companies, and many others. We will mainly focus this piece on the Thai Limited Company. A Thai limited Company is very similar to incorporated entities in the USA. A Thai limited Company has one or more directors and a Managing Director, Thai limited Companies also have shareholders, but the Thai shares are not publicly traded and generally Thai shares are held by relatively few people. As the name suggests, Thai limited Companies have limited liability and are legal entities under Thai law. This means that in the eyes of the Thai legal system the Thai limited company is a person and will only be held liable for funds held in the company name.

Thai vs. Foreign Companies

Under Thai law, a Thai company must be 51% Thai owned in order to engage in most types of business. Otherwise, the Foreign owned company must obtain a foreign business license in order to conduct most types of business in Thailand. There are exceptions to this rule, the main exception being that a Thai company with a majority of American shareholders can petition for protection as a Thai Treaty of Amity Company.

Use of preferred voting shares to control a Thai company

Even if the majority of a company is owned by a Thai, it is possible for a foreigner to retain control of the Thai company through the use of voting stock, or preferred shares. This means that the shares of the company that the foreigner holds would have a disproportionate amount of voting rights and therefore the foreigner could annually vote himself into a Managing Directorship and thereby control the Thai company.

When doing business and registering Companies in Thailand it is often necessary to retain the services of a Bangkok Lawyer especially where sophisticated Thai corporate structures are being sought.

Thanks for reading the Integrity Legal Blog

Note: None of the above content should be used in lieu of legal advice from a competent Attorney in the jurisdiction one wishes to conduct business

Tags: Doing Business in Thailand, Thai Company Registration, Thai Company Setup, Thailand Business
Posted in Thailand Business | 2 Comments »

Thailand is a wonderful place to live and work. Each year many tourists turned entrepreneurs try their luck at setting up a small business in Thailand. Some Thai businesses succeed fabulously while other Thai companies take a while to get off the ground. Then there is the case of the Thai company that fails to survive past the first year. One of the biggest problems in getting a Thai venture going is taking care of the legalities.

Every year, many businessmen try to earn a living as a small business owner in Thailand. The ones who fail often take a “let’s wing it,” attitude towards Thai law. They will often fail to incorporate a duly formalized Thai company. In another effort to cut corners in a legal sense is the propensity of some small business owners of working in their business without a Thai work permit. This is a major problem because the authorities at the Thai Ministry of Labour and Royal Thai Immigration frown upon this practice. Under provisions of the Thai Immigration Act, if a non-Thai is in violation of his visa status or is caught working in Thailand without a proper work permit then the consequences could be dire. Foreigners who engage in this practice are often fined, deported, and even jailed for violated the laws of the Kingdom of Thailand.

There are many different types of Thai corporate structures. One could set up a:  Thai limited company, Thai Limited Partnership, a Regional Operating Headquarters, as well as many other types of structures, but limited liability may not be conferred on some entities. An option for Americans wishing to do business in Thailand is seeking certification under the US-Thai Treaty of Amity and owning and operating a Treaty of Amity Company under its provisions. Some people even utilize a Thai corporate structure in order to control Thai Real Estate that they would otherwise not be allowed to own under Thailand property law.

A competent lawyer in Bangkok can assist in both incorporating a Thai company and obtaining a proper Thai work permit and long term Thai business visa in order to remain in Thailand and run a business. It is imperative to make sure the regulations of Thailand are carried out to the letter and failure to do so could not only endanger ones business, but also lead to possible government penalties.

Note: Nothin in this article should be used as a substittute for advice from a competent licensed attorney in the jurisdiction in which one wishes to do business.

Tags: business setup thailand, company in Thailand, Thailand company registration, Thailand limited company
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The process of obtaining a US Visa from Thailand can be frustrating for some due to the fact that a great deal of both US and Thai government documents are necessary in order to obtain most American Visas. We will briefly discuss the time line for obtaining the US K1 Fiance Visa, K3 Marriage Visa, Conditional Resident Visa, and the Immediate Relative Visa based upon marriage. The Visa Journey can be a long process and many phases of it are “hurry up and wait,” in that there are long lulls in the process followed by burst of extreme activity where time is of the essence for meeting deadlines and getting an interview appointment.

The K1 Visa

The first step in the K1 Visa process is the filing of an I-129f fiancee visa application. This application is basically designed to confirm that the petitioner is indeed a US Citizen entitled to marry and has no criminal or immigration record that would conflict ith the provisions of the IMBRA. The USCIS will issue Notice of Action 1 which basically is an official receipt from the Immigration Service that they have obtained and will review the Petition. Should USCIS need more documentation, then they will issue an RFE (Request for Evidence), in this request they will explain what information is lacking and how the petitioner can prove up the petition.

After USCIS has adjudicated the petition, if they approve it, they will issue Notice of Action 2. This Notice informs the petitioner of the fact that the petition has been approved and it will be forwarded to the NVC (National Visa Center). The NVC will process the application and forward it to the correct Embassy for a Visa interview and adjudication by a consular officer.

At the interview the consular officer will review the petitioner’s I-134 Affidavit of Support as well as the Beneficiary’s documentation. Should the Consular officer request more information, then a 221(g) will be issued and the applicant will have 1 year to respond with the proper documentation. Upon approval the K1 Visa will be issued and the Beneficiary will need to enter the USA before the Visa expires.

Once the beneficiary enters the United States on a K1 Visa, she will have 90 days to get married and file for adjustment of status. If adjustment of status is approved then the beneficiary will be a lawful conditional permanent resident. After 2 years of lawful conditional permanent residence, the beneficiary withe the help of the US Citizen spouse will need to file for a lift of the conditionality of her visa. Once the conditions have been lifted then the beneficiary will be a lawful permanent resident of the Us without conditions.

Should the beneficiary wish to leave the USA while in K1 Status, then she would need to obtain advance parole. If she wishes to depart while in Lawful Permanent Resident Status, then it would be prudent to apply for and obtain a reentry permit.

IR-1 & CR-1 Visas based Upon Marriage

For either an IR-1 (Immediate Relative Visa) or CR-1 (Conditional Resident Visa), the same petition, the I-130, must be filed. At the time of the writing, USCIS is estimating that it takes approximately 6 months to adjudicate an I-130 petition. the process at USCIS is much the same in that both Notice of Action 1 & 2 will be issued and the file will be forwarded to the National Visa Center. Once there, it will undergo increased scrutiny than in the case of the K1 Visa and it generally takes longer for the file to be processed at NVC with an I-130 petition.

After it is processed by the NVC, it will be forwarded to the US Embassy in Bangkok, where the beneficiary must go through an interview before being granted a visa. Upon granting of the visa, the beneficiary will travel to the USA and upon entry will either be granted conditional permanent residence or lawful permanent residence without conditions. an IR-1 Visa confer permanent residence without conditions, but in order to qualify for this visa the couple must have been married for at least 2 years when the file the I-130 petition.

The K3 Marriage Visa

The K3 Visa was designed as an expedited marriage at a time when I-130 petitions were processing extermely slowly. At the time of this writing, the K3 Visa is currently processing at roughly the same rate as the I-130 petition. It is likely that filing a K3 petition will save the couple 6-8 weeks in visa processing. The major downside of the K3 is the fact that it does not confer the right to work in the USA, nor does it confer permanent residence upon entry. Adjustment of Status is necessary if a K3 holder wishes to become a permanent resident.

The K3 is a doubly filed visa petition in that one first files an I-130 petition and then an I-129f petition in order to obtain the K3 Visa. All aspects of the process are basically the same as mentioned above except for the fact that the 2 petitions are filed simultaneously and in this instance the I-129f petition is filed on behalf of a spouse rather than a fiancee.

Visas for Children of Prospective Immigrants

The Visa Journey for child immigrants is similar to that of their adult counterparts. Derivative Visas can be obtained for the children of K1 Visa seekers, K3 Visa Seekers and Immigrant Visas. In instances where a visa for a child is sought, the child will generally adjust status with their parent in order to become a permanent resident.

Tags: CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Immigration Thailand, US Marriage Visa, US Visa Thailand, visa journey
Posted in General Legal Information, Miscellaneous, Thailand Business, us embassy bangkok, US Visa and Immigration, US Visa Thailand | No Comments »

There you are, sitting in your cubicle, daydreaming about packing it all up and moving abroad. As an expat who has been living in Asia (Korea and Thailand) for nearly 2 years, I arrogantly believe that I can speak as an authority on living overseas. So here it goes…

Thai Alphabet

Learn The Language: By the Numbers

Many people come to Asia and try to get by not knowing any of the local language (most people don’t believe me when I say this, but it’s true). When I lived in Incheon Korea, it was damn near impossible not to learn a great deal of Korean because Koreans (particularly outside of downtown Seoul) just don’t speak much English. The first few weeks I probably lost 5 pounds just because I couldn’t order food. Don’t make this mistake learn some of the local language before going to the country. A good tip: learn the numbers first. It is amazing how many transactions boil down to simply pointing at something and saying a number.

The fate of some unfortunate foreigners in Thailand

Be wary of some long time foreigners

This tip really applies more to Thailand than Korea. In Thailand there are a number of less-than-reputable expats living in the country. They are often short on funds and will use a newbie’s naiveté as a means of bilking some money out of him. Learn to ignore the line, “I’m just short right now, I’ll get you back tomorrow.”

Also, beware of anyone involved with drugs (usually this only applies to foreigners). Nearly all Asian governments despise drugs. Those Korean cops may look innocuous on the street patrolling what seems to be Mayberry, but when it comes to drugs, they don’t mess around. Right before I left Korea, a Canadian was caught with 1 marijuana plant. I believe he is still in jail and that was a year and a half ago.

Party Thai Style

Enjoy the Nightlife, but don’t let it suck you in

In Korea: its booze. In Thailand: its girls. The party seemingly never ends…until you wake up face down in a urinal at 5 am 50 mile away from your home with no money. When I was in Korea, I went out in downtown Seoul and woke up on the other end of the Peninsula, luckily I found myself ensconced with an attractive lady, so that dulled the pain of a 2 ½ hour train ride home, but just barely.

Partying with the Ladies of Bangkok

In

In Asia, if you are a Western guy:  Welcome to Paradise. If you are a Western Girl: Welcome to reevaluating what’s attractive

A girl I met in Korea said that when living as an expat she and most of her friends had come up with the “Korea Curve,” meaning that a guy who might have been a 6 on a scale of 10 back in the West, was suddenly catapulted to an 8 or even a 9 in Asia. Supply and demand also comes into play, a far larger supply of women are around for most men because they can choose from the locals as well as the female expats. Conversely, most (but not all) Western women are not particularly attracted to Asian men. From what I’ve heard from other expats, apparently Europe is a much more even playing field, if not more slanted toward the ladies, but this is conjecture on my part.

Thai Buddhist temple

Chill out and take it as it comes

You are a stranger in a strange land, don’t expect everything to be like it is at home. Some things about living overseas are great: good food, beautiful women, and likely a more laid back job. Meanwhile, some things about living overseas can make you crazy. In Thailand, simply walking down the street can be like pulling teeth. The Thais are so relaxed that walking isn’t the correct word for the way in which they traverse the sidewalk, meander is a more correct description. As a westerner accustomed to walking for the purpose of getting somewhere, the insanity that can arise from walking behind a slow moving Thai can be agonizing. Learn to take a deep breath and realize: the reason you moved here was to get away from a hurried lifestyle.

I would encourage anyone thinking of becoming an expat to do it, but know this: it will not always be paradise. Luckily, for the adventurous it can be the experience of a lifetime.

Posted in Thailand Business | 5 Comments »

Many people who move to Thailand have a difficult time handling legal tasks that they take for granted in their home country. Getting a Thai drivers license is a seemingly simple task that in Thailand can be time consuming and frustrating. The Thai Department of Transportation is the agency where one can obtain a Thai drivers license.

For the long term expat living in Thailand it may become necessary to obtain a Thai Drivers License. Although Thailand does recognize international drivers licenses in practice the lack of a genuine Thai Drivers License can lead to many inconveniences. Another benefit of obtaining a Thai Drivers License is that it is a widely recognized form of identification in the Kingdom. This article is a brief summary of the process for getting a Thai Drivers License.

One of the major requirements for those seeking a Thai Drivers License, but do not wish to sit for the examination or road test is a valid driving license from another country. An international driving license can also be used for this purpose. If one does not have a valid driving license then they must sit for all portions of the Thai driving examination.

For those seeking a Thai driving license it is necessary to have a long term Thai Visa such as a Thai business visa or O Visa and to either provide a Thai work permit or an affidavit from the foreign nationals Embassy stating that they are a resident in Thailand. It will also be necessary to get a certificate from a Thai Doctor stating that the license seeker is in good health. One needs to specifically ask the Doctor for a certificate for a license.

A unique part of the Thai Driving license obtainment process is the tests of color blindness, depth perception, and reaction time. For an American, these tests can seem rather alien as they are not required to obtain a driver’s license in the USA.

Another frequently asked question is how to obtain a motorcycle license in Thailand. A Thai Motorcycle license is a different license than a license to drive a regular car. To obtain this license it may be necessary to demonstrate an ability to ride a motorbike on a track monitored by a Thai transportation officer.

If you are seeking a Thai driving license contact Integrity Legal and we can assist with the process. We will send a Thai agent with you to the Department of Transportation in order to obtain a Thai Drivers license quickly and effectively. Contact Integrity Legal Today!

Posted in Thailand Business | 6 Comments »