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Integrity Legal

Archive for the ‘Thailand Business’ Category

15th May 2011

It recently came to this blogger’s attention that the head of the International Monetary Fund has been arrested in the American city of New York. To quote directly from the official website of the New York Post, nypost.com:

The French political bigshot who heads the International Monetary Fund was arrested for allegedly sodomizing a Manhattan hotel maid yesterday — hauled off an Air France flight just moments before takeoff from Kennedy Airport, police sources said. Three Port Authority detectives pulled Dominique Strauss-Kahn from the plane’s first-class cabin just two minutes before it was due to depart for Paris, according to the police sources…

Hyperbole aside, this is a truly interesting case as it would appear that the charges are indeed quite grave at least according to this report which continues:

Strauss-Kahn is awaiting arraignment on charges of a criminal sex act, attempted rape and unlawful imprisonment, NYPD spokesman Paul Browne said. The trouble began at around 1 p.m. yesterday when a 32-year-old housekeeper entered Strauss-Kahn’s $3,000-a-night suite at the luxury Sofitel on West 44th Street — apparently unaware he was still inside…

The administration of this web log asks readers to click upon the hyperlinks noted above to learn more on what appears to be a quickly unfolding story. To gain further perspective further research may be required. Those reading this blog are asked to remember that in the United States a prospective defendant is viewed in the eyes of the law as innocent until proven guilty.

Meanwhile, this news comes at a time when the Southeast Asian Nation of Singapore sees the resignation of a much respected Minister. To quote directly from the official website of the BBC:

Singapore founding father Lee Kuan Yew has resigned from the country’s cabinet, ceding leadership to his son, Prime Minister Lee Hsien Loong. The move comes after their party’s worst election result since 1965. Lee Kuan Yew and fellow former prime minister Goh Chok Tong said in a joint resignation statement that the “time has come for a younger generation”. The 87-year old Mr Lee was prime minister from 1959 to 1990, after which Mr Goh took over until 2004…

The administration of this web log strongly encourages readers to click on the hyperlinks noted above to learn more about this situation. Although Lee Kuan Yew is stepping down at a time when his party is facing a slump he is also able to look back at a career of achievement with respect to Singapore’s economic position relative to the rest of the world. It can certainly be said that, in many ways, he is leaving the country in a better economic position relative to the position it was in when he took office.

As events which impact an international institution such as the International Monetary Fund can have a collateral impact upon nations comprising the Association of Southeast Asian Nations (ASEAN) and while Singapore’s political complexion can have an effect upon politics in the region of Southeast Asia it stands to reason that both of these events occurring virtually simultaneously will have a substantial “ripple effect” across the economies of the jurisdictions which make up ASEAN.

Readers of this blog are encouraged to keep abreast of these developments, especially those Americans Resident Abroad as these events could have implications for the future of the whole continent of Asia. As an American Resident Abroad in the Kingdom of Thailand this blogger feels that it is highly likely that these recent events, no matter how they eventually play out, are likely to have critical implications for American Citizens conducting business abroad in the future.

For related information please see: US Company Registration or Legal.

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1st May 2011

As the world economy continues to re-stratify in ways that have not been predictable, it recently came to this blogger’s attention that recent shareholder voting activity at a local Thai bottling company may have placed the soft drink giant Pepsi upon something of a “back foot”. To quote directly from the official website of Reuters, Reuters.com:

BANGKOK, April 29 (Reuters) – Shareholders in PepsiCo Inc’s Thai bottler, Serm Suk Pcl , voted on Friday to terminate its contracts with the U.S. soft drink maker after more than half a century in business together.

The move means the U.S. giant will have to find other partners to tap growth in the Southeast Asian country of 67 million people. It had no immediate comment.

From an American’s perspective as an observer in the Kingdom of Thailand the re-stratification mentioned above can be best observed by the increasing importance of regional organizations such as the Association of Southeast Asian Nations (ASEAN). Concurrently, American companies doing business in Thailand and Greater Asia are finding that some jurisdictions have different rules regarding corporate governance when compared to the United States. To continue quoting further from the aforementioned article:

About 99.41 percent of shareholders voted to end the business with PepsiCo. PepsiCo, maker of Pepsi-Cola, Sierra Mist and Tropicana juice, owns 41.54 percent of Serm Suk through Pepsi-Cola (Thai)Trading and Seven-Up Nederland BV. It remains unclear what it will do with this stake.

The administration of this web log recommends readers click upon the hyperlinks above to read further about this story in detail.

It is interesting to note that shareholder voting rights can have a tremendous impact upon the governance of a corporation in Thailand as a Thai Company may be governed by Thai corporate law which can be substantially different in many ways to U.S. law on the same subject matter. For American readers, it should be noted that there may be benefits to be had for US companies in Thailand pursuant to the provisions of the US-Thai Treaty of Amity. That stated, although Amity Treaty Companies may be of benefit to some endeavors not all business activity can be undertaken pursuant to this Treaty. Therefore, those interested in further information on this subject may be best informed by contacting a Thai lawyer.

The ramifications of the shareholder vote noted above may be felt not only by Pepsi, but by others in the soft drink business in the Kingdom of Thailand and Greater Southeast Asia. To quote directly from a recent article entitled SSC Seals Pepsi Divorce from the Business section of the Bangkok Post‘s official website BangkokPost.com:

The transition period could create opportunities for rival Coke and new players such as the fast-rising Peruvian brand Big Cola to steal market share from Pepsi. Thailand has long been one of only a handful of cola markets in the world where Pepsi outsells Coke.

The administration of this web log strongly recommends that readers interested in these topics click upon the hyperlinks above to read further from this insightful article in order to gain insight and perspective on this story and the possible ramifications thereof.

Clearly the reverberations of the recent corporate vote could accrue to the benefit of Pepsi’s competitors within the Thai market. This blogger, simply as a consumer, has noticed what appears to be some increasing popularity for Big Cola mentioned above. This recent popularity may not necessarily mean that this soft drink will take Pepsi’s place as the number one soft drink in Thailand, but the whole incident may go to show the way in which the local Thai soft drink market is beginning to show an increasing taste for novelty. This trend toward novelty is increasingly palpable across much of the Thai economy as consumers are presented with increasing purchasing choices in the Kingdom. Meanwhile, it could be argued that the biggest beneficiary of the recent vote is Pepsi’s major international rival Coca-Cola which might pick up further market share as a result of a possible Pepsi decline.

For related information please see: business in China or US Company Registration.

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30th April 2011

Over the years this blogger has seen large numbers of tourists flock to the Kingdom of Thailand as well as the neighboring nations of Laos, the Union of Myanmar (referred to by some as Burma), Malaysia, and the Kingdom of Cambodia. At the same time, this blogger has also witnessed the metamorphosis of some of these tourists into entrepreneurs by remaining in some of these countries (as well as other jurisdictions in Greater Asia such as Indonesia, Vietnam, China, Taiwan, Singapore, Hong Kong, South Korea, Nepal, Macau, India, and Sri Lanka; to name only a few) in a business context for many years and; for some, even decades or a whole lifetime. Whatever the circumstances of those Americans Resident Abroad remaining in the region of economies increasingly being labeled by both the mainstream and alternative media outlets by their affiliation with the Association of Southeast Asian Nations (ASEAN) one thing is clear: the economies of Asia are set to expand at an incredible rate by relative historical comparison. Therefore, it stands to reason that there are likely to be more Americans doing business in these jurisdictions. This state of affairs is occurring at a time when the potential of the internet and the World Wide Web first noted little more than a decade ago is beginning to become fully realized by businesses large and small. As e-commerce becomes an evermore ubiquitous facet of virtually every enterprise’s business strategy it is becoming more clear that many business functions are increasingly being performed by businesses of all sizes online and, in some cases, these businesses are even being maintained from an entrepreneur’s home.

This phenomenon is interesting for this blogger to note from the perspective of an American who is resident in Bangkok, Thailand as the Thai shop-house business model of maintaining a residence and business premises within close proximity has lead to a thriving small business community in the vast metropolis that is Greater Bangkok. This thriving business community, coupled with many of the other positive factors associated with doing business in Thailand, has lead to a vibrant economy that remains conducive to further foreign investment by entrepreneurs and businesses seeking to derive economic benefits both in Thailand and throughout the Asian markets. Of possible importance to Americans resident abroad or those thinking of residing abroad are the issues noted above as well as those associated with ownership of Thai property or Thai real estate especially in the form of a Thai Condominium.

In Thailand, as well as throughout many jurisdictions in Asia, there are restrictions placed upon foreign ownership of real estate. Although there are provisions allowing for foreign ownership of Thai property in many cases it is difficult, if not impossible, for a foreign national to secure freehold title (referred to as Chanote title in Thailand) in Thai real property such as land. However, it may be possible for a foreign national in Thailand, such as an American Citizen, to conveniently secure freehold title to a Thai Condo if the provisions of various laws and regulations on this issue, such as the Thai Condominium Act, are adhered to. Meanwhile, a foreign national who owns a Condo in Thailand may be qualified to receive a Foreign House Registration Booklet (referred to as a Tabien Baan for Thais or a Foreign Tabien Baan, or Yellow Tabien Baan for foreign nationals). Taking the aforementioned factors into consideration, in conjunction with the fact that for American Citizens and American Companies in Thailand there may be benefits pursuant to the provisions of various legal instruments such as the US-Thai Treaty of Amity which may provide the privilege of virtually 100% ownership of a Company in Thailand with “National Treatment” for certain business undertakings, one is left with little doubt that there are tangible legal benefits which could be accrued to the favor of Americans resident in Thailand conducting business in the ASEAN region as well as the regions of Greater Asia. Therefore,  investing in what this blogger would refer to as a “Thai Pad” (which non-literally alludes to the IPad-like gadgets allowing for increasingly easy real time access to the internet as well as the exponentially beneficial combination of privileges accruing to owners of Thai property registered on a Yellow Tabien Baan in conjunction with the advantages which may be had for Americans resident abroad utilizing a Thai company certified under the US-Thai Amity Treaty) could prove to have been prudent by future analysts in both tangible as well as intangible terms.

For related information please see: US Company Registration.

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13th April 2011

Those who have been reading this blog with any degree of regularity may have noticed that the economies, polities, and geopolitics of the world are in something of a state flux. This is not to say that this is either a positive or negative thing as such events occur from time to time. Therefore, astute followers of such events must be careful about making rigid predictions about how such matters will play out in the future. That being stated, it has recently come to this blogger’s attention that representatives from the so-called BRICS countries (an acronym denoting Brazil, Russia, India, China, and, now apparently, South Africa) are  having a summit. To quote directly from a concisely written article by, On Wednesday April 13, 2011, 5:37 am EDT as posted on Yahoo.com:

SANYA, China (AP) — The leaders of the world’s largest emerging economies gather this week in southern China for what could be a watershed moment in their quest for a bigger say in the global financial architecture.

Thursday’s summit comes at a crucial moment for the expanded five-member bloc known as the BRICS, which groups Brazil, Russia, India, China, and, for the first time, South Africa.

Chinese President Hu Jintao, Brazilian President Dilma Rousseff, Russian President Dmitry Medvedev, Indian Prime Minister Manmohan Singh and South African President Jacob Zuma will attend.

With the G-20 group of major economies seeking to remake parts of the global financial architecture, it’s time for the BRICS to test whether they can overcome internal differences and act as a bloc pursuing common interests.

The ramifications of this meeting could prove historic as the countries noted above, along with those that comprise the Association of Southeast Asian Nations (ASEAN), appear on track to become increasingly economically dynamic in the forthcoming years.     While reading this article, this blogger was especially impressed by this writer’s insightful analysis of the characteristics of the BRICS countries. To continue quoting directly from the aforementioned article:

The five countries are loosely joined by their common status as major fast-growing economies that have been traditionally underrepresented in world economic bodies, such as the International Monetary Fund and the World Bank.

All broadly support free trade and oppose protectionism, although China in particular has been accused of erecting barriers to foreign competition. In foreign affairs, they tend toward nonintervention and oppose the use of force: Of the five, only South Africa voted in favor of the Libyan no-fly zone.

At the time of this writing, the summit noted above would appear to be geared mainly toward economic matters or matters pertaining to the economic realm, but how increasing ties among these nations could impact affairs playing out in the international political arena remains to be seen.

On a related note, Stock Exchanges in some of the Nations which compose the Association of Southeast Asian Nations (ASEAN), including Thailand, have recently announced collaborations apparently referred to as ASEAN Brand Identity, an ASEAN Exchanges website, and ASEAN Stars. In following up on that story it would appear that the ASEAN Exchanges website is now live, to quote directly from the website AsiaToday.com:

Launched today was the ASEAN Exchanges website (www.aseanexchanges.org) that will feature the ASEAN Stars and other ASEAN centric products and initiatives giving investors an integrated single-window view into the ASEAN capital market; a market that has a combined market capitalisation of approximately USD1.8 trillion and participation of more than 3,000 companies. Some of these companies are the largest and most dynamic companies in the world including leaders in finance and banking, telecommunications, commodities, automotive manufacturing and other industrial sectors.

The administration of this blog highly recommends that readers click upon the hyperlinks above to learn more details about these issues and the various exchanges within the ASEAN region as the whole Southeast Asia area is quickly becoming a vibrant economic force both on a regional and global level.

Meanwhile, it should be noted that the nation of Laos has recently brought a Lao stock exchange online while Cambodia appears poised to take the same steps soon. Even the developing Union of Myanmar (referred to by some as Burma) has signaled interest in the opening of a Myanmar stock exchange. Whether such a development comes to pass remains to be seen. What is clear is that economic relationships are becoming increasingly stratified as economically dictated by the interests of the players in each of the markets of the world. Those interested in such matters are highly encouraged to conduct their own research and come to their own informed conclusions.

For related information please see: US Company Registration or Company in Thailand.

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4th April 2011

It recently came to this blogger’s attention that the Governor of the State of Utah has signed legislation which would recognize gold and silver as legal tender for intrastate transactions. To quote directly from the Constitutional Tender Blog, but initially found by this blogger on the website DGCMagazine.com:

On Friday, March 25th, Gov. Gary Herbert signed HB 317, the “Utah Legal Tender Act,” into law.

The law recognizes gold and silver coins issued by the federal government as legal currency in the state. The coins do not replace the current paper currency, but may be used and accepted voluntarily as an alternative.

The administration of this blog highly recommends that readers click on the hyperlinks above to read this article in its entirety as it can provide very valuable insight into this evolving issue.

This notion of something akin to an “alternative currency system” has been discussed in the context of State legal tender reform in many American States recently, but there are two notable jurisdictions that have taken proactive steps to enact legislation which would allow usage of gold and silver in an intrastate context. One of these states is Utah while the other is Virginia. It is this blogger’s understanding that as of the time of this writing the State of Virginia has yet to enact similar legislation although it remains to be seen whether such legislation will actually see passage.

One interesting aspect of this issue involves the ramifications for financial institutions in the State of Utah. The aforementioned article went on to point out:

The law exempts the sale of gold and silver coins from the state capital gains tax, since you would simply be exchanging one form of legal tender currency for another. It also calls for a committee to study alternative currencies for the State and a means for Utahans to pay their taxes with gold and silver coins.

Gold and silver coins issued by the federal government are already legal tender, of course, and can be used to purchase items and pay debts owed. However, they could only be used at the face value of the coins — which is ridiculously lower than the value of the precious metal content of the coins. If you were to use them at the actual value of the coins, you would face a capital gains tax on the “profit” you gained over the face value.

Clearly, the provisions of this act could have a significant impact upon the economies of the State of Utah, the United States Federal government, and Greater North America. Bearing this in mind the reader is encouraged to consider the possible reverberations of this legislation in a global context as the promulgation, passage, and enactment of this bill, and possible similar future legislation in other American States; could prove to be tremendous for jurisdictions such as Thailand, China, and the Association of Southeast Asian Nations (ASEAN). The overall long term effect of this legislation remains to be seen, but this is definitely something that could have an impact upon the business environment in the United States and elsewhere.

Those interested in receiving an in-depth legal analysis of the issues associated with legal tender reform in Utah are highly encouraged to contact a licensed attorney in Utah. The administration of this blog reminds readers that it is always prudent to ascertain the credentials of anyone claiming to be a licensed lawyer in any jurisdiction.

For related information please see: Integrity Legal.

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27th March 2011

The administration of this blog has been monitoring the evolving situation in the United States of intrastate legislation among some of the sovereign 50 States to reform legal tender laws. There are some recent developments regarding this interesting and legally complex issue that could have ramifications for the global commodities markets, global business community, APEC, ASEAN, Thailand, and China. To quote directly from Stephen Dinan, The Washington Times, in a post on the TruthAlliance.net website entitled “Utah Senate Passes Gold/Silver Legal Tender Law; Awaits Governor Signature“:

The Utah Legislature on Thursday passed a bill allowing gold and silver coins to be used as legal tender in the state — and for the value of their precious metal, not just the face value of the coins.

In a previous posting on this blog it was noted that the lower chamber of Utah’s government, the Utah House of Representatives, had passed the legislation referred to above, but at that time there seemed to be little information pertaining to the reasoning behind the passage of such legislation. The article cited above is quite informative in its coverage of this unfolding situation. To quote further from the aforementioned article:

The legislation directs a state committee to look at whether Utah should recognize an official alternate form of legal tender which could become a path for creating a formal state gold standard.

A spokeswoman for Gov. Gary R. Herbert, a Republican, said he has not yet taken a public stance on the bill.

State Rep. Brad J. Galvez, the chief sponsor of the measure, said he views it as a preliminary step on the path toward securing Utah’s business climate.

“If the dollar continues to fall, what this will do will help stabilize the value of the dollar in Utah, so it helps stabilize the economy,” Mr. Galvez, a Republican, said.

While similar legislation has been proposed in nearly a dozen states, Mr. Galvez said that if Mr. Herbert signs his bill, Utah will be just the second state to official recognize the coins as legal tender. Colorado has recognized gold and silver for decades, he said.[sic]

Those reading this posting are encouraged to click on the hyperlinks above to read the text of this article in full.

Clearly, Utah is not the only American State that is taking monetary measures with an eye toward maintaining a comparative advantage in the national and international business markets along with a healthy State economy. It will be interesting to see what position will ultimately be taken by the Governor of Utah as his stance on the issue has yet to be discerned as of the time of the writing cited above. Issues involving the currency within States can have tremendous ramifications and it would appear that due consideration is being taken.

The article was also notable for this blogger as it elucidated a thought from a legislator in Virgina who is advocating for similar legislation in that State. To quote further from the article by Stephen Dinan:

In Virginia, Delegate Robert G. Marshall, a Republican, successfully pushed through a bill — not yet signed by the governor — that authorizes the state to mint gold, silver and platinum coins. He said that there is probably a good market for collectors who would prefer not to have to buy federally minted coins and said state-minted ones would create a backstop against inflation.

“I’m looking at Congress, and I’m looking at what the Chinese are doing, and I don’t have a lot of confidence in what’s going on there,” Mr. Marshall said. “This is one way where Virginia can help our citizens as a security hedge against the inflationary action of Congress.”

This was an interesting insight for this blogger because it provides hope that more legislators on the State level are looking abroad when formulating policies which are designed to have a direct impact upon the lives of State Citizens. Although the United States Federal government’s enumerated powers provide wide latitude in matters of an international character, some international trends can have a significant economic impact upon the economics of a purely intrastate nature. Therefore, in the world in which we now live even legislators at the State level must have an eye on the evolving business and economic dynamics of countries as far geographically afield as Thailand, China, or any of the Association of Southeast Asian Nations (ASEAN) Member states in order to make fully informed decisions regarding the enactment of legislation which could impact those within that legislature’s jurisdiction.

As noted in the quotation above, the Governor of Virginia has yet to sign the legislation pending in that State. Therefore, the ultimate outcome remains to be seen, but one thing remains clear: few lawmakers are taking this legislation lightly as evidenced by the alacrity of these legislatures’ votes and the taciturn position of these States’ respective Governors.

This issue is coming to the foreground of the national political spectrum at a time when the legal issues surrounding the issue of same sex marriage and interstate Full Faith and Credit Clause interpretation versus the Federal-State sovereign relationship in the context of same sex marriages legalized and solemnized pursuant to the laws of sovereign American States is coming to the attention of the United States Federal Appellate Courts in the form of cases which have the potential to directly contravene the provisions of the so-called “Defense of Marriage Act” (DOMA). In an American Immigration context, Federal legislators such as Representative Jerrold Nadler of New York have continued to push legislation such as the Uniting American Families Act (UAFA) which would allow the United States Department of Homeland Security and the Department of State to adjudicate petitions for same sex “permanent partners” of United States Citizens and Lawful Permanent Residents in the same manner as different sex couples.  How the issues associated with legal tender reform and the issues associated with Full Faith and Credit for State recognized same sex marriages will be resolved remains to be seen, but clearly such issues will remain noteworthy as time goes on.

For information related to these issues please see: US Visa Thailand or Same Sex Visa.

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26th March 2011

Those who have been following this blog with any regularity will likely have noticed that the administration has been attempting to follow the developments unfolding throughout the world as a consequence of the recent nuclear crisis in Japan. One way of monitoring the global response to radiation contamination is through following developing regulatory policies regarding the importation of Japanese products by countries outside of Japan.  In a recent posting on this blog the administration noted the fact that the authorities in many member nations of the Association of Southeast Asian Nations (ASEAN) had imposed restrictions upon imported Japanese foodstuffs. The same could also be said for some member economies of the Asia-Pacific Economic Cooperation (APEC) forum.  To quote directly from the website FocusTaiwan.tw:

Taipei, March 25 (CNA) Taiwan suspended imports of food products Friday from five Japanese prefectures, including Fukushima, where a nuclear power plant was damaged by a powerful earthquake and subsequent tsunami March 11.

Minister of Health Chiu Wen-ta said all safety inspections of food entering the country from Fukushima, Ibaraki, Tochigi, Gunma and Chiba — which have all reported widespread radioactive contamination — had been suspended, effectively barring all entry of food from those areas.

The administration of this blog highly recommends that readers click upon the two hyperlinks directly above this citation to read the entire article. As evidence continues to show an increasingly distressing situation in Japan it was also noted that Mainland Chinese officials have implemented new policies regarding food imports from Japan. To quote directly from the website DailyTimes.com.pk:

BEIJING: China banned imports of some Japanese food products on Friday amid fears of radiation contamination, hours after announcing that two Japanese travellers who had flown into an eastern city were found to have radiation levels well above safety limits.[sic]

China joins a growing list of countries that have stopped imports of some foodstuffs from Japan. The ban covers dairy, aquatic and vegetable products as well as fruit from the five Japanese prefectures of Fukushima, Tochigi, Gunma, Ibaraki, Chiba, China’s quality watchdog, the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) said in a statement…

Readers are highly encouraged to click on the hyperlinks above to read this enlightening piece in full. Clearly Chinese officials are joining their counterparts around the world in a trend of placing increasingly stringent restrictions on Japanese imports. More importantly, it would seem that authorities in China have also reported that two Japanese travelers showed signs of alarming levels of radiation upon arrival from Tokyo.  To quote further from the aforementioned piece:

Separately, the quality watchdog said that two Japanese travellers who flew into China’s eastern city of Wuxi from Tokyo on Wednesday had radiation levels that “seriously exceeded the limit”. [sic]

Clearly, as evidenced by the quotations above, the Chinese authorities are apprised of what appears to be an increasingly serious situation in Japan and are taking appropriate measures.

As the ramifications of this tragedy come into clearer focus concerns mount as to the long term consequences of the Japanese crisis. Meanwhile, concerned people around the world continue to watch as the Japanese people struggle to overcome what could prove to be the most daunting crisis ever to befall a modern nation-state.

For related information please see: business in China or business in Taiwan.

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25th March 2011

Those following this blog or the many other sources of information available on the World Wide Web may have, no doubt, noticed the impact of the recent tragedy in Japan and the unfolding events springing therefrom. The tragic plight of the Japanese people was further highlighted recently by what appears to be a trend among many nations in their refusal to allow imports of foodstuffs from Japan. To quote directly from the website NAMnewsnetwork.org:

TOKYO, March 24 (NNN-BSS) — Australia, Canada and Singapore joined a list of countries shunning Japanese food imports Thursday as radioactive steam wafted anew from a disaster-struck nuclear plant, straining nerves in Tokyo.

The grim toll of dead and missing from Japan’s monster quake and tsunami on March 11 topped 25,000, as hundreds of thousands remained huddled in evacuation shelters and fears grew in the megacity of Tokyo over water safety.

The damage to the Fukushima nuclear plant from the tectonic calamity and a series of explosions has stoked global anxiety. The United States and Hong Kong have already restricted Japanese food, and France wants the EU to do the same.

The administration of this blog highly encourage readers to click on the above hyperlinks to read further about the situation in Japan. As the situation becomes more dire in Japan it would appear that even Japan’s key allies are unable to allow importation of possibly dangerous food products. The authorities in the Kingdom of Thailand appear to be taking preventative measures regarding importation of possibly tainted food as well. To quote directly from Bloomberg.com:

Thailand will check all fruit and vegetable imports from Japan’s main island, Honshu, before allowing their sale and will randomly screen other products such as fish, Pipat Yingseri, secretary-general of the Thai Food and Drug Administration, told a media conference today. The country hadn’t found any abnormal contamination since checks started in mid-March, he said.

As Thai, Hong Kong, Chinese, American, Australian, Canadian, and Singaporean authorities place restrictions on food imports, speculation abounds as to the response from other countries in the Asia-Pacific region as well as member States of the Association of Southeast Asian Nations (ASEAN). In discussions regarding the ramifications of the Japanese Crisis it may be best to remember the human elements which are constantly present in all of these regulatory and policy calculations.

As the situation in Japan continues to have global implications it remains to be seen how the various governments and international organizations around the world will react both politically and economically. One thing is clear, the crisis in Japan has the potential to completely reshape the geopolitical situation in Asia from both an economic as well as political perspective. How this change will impact both Thailand and the ASEAN community will be of increasing interest to the administration of this web log.

For related information please see: Legal.

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24th March 2011

The tragic situation in Japan (a country recently plagued by Earthquakes, Tsunamis, Volcanoes, and finally Nuclear Meltdown)  is apparently causing other nations in East Asia and Southeast Asia to rethink their options with regard to the proliferation of nuclear power plants. A recent posting on the website AsiaOne.com discussed some of these issues in some detail. To quote directly from the website AsiaOne.com:

Singapore – Japan’s nuclear crisis is likely to prompt Southeast Asian states to look more carefully at their plans to tap atomic energy for power generation, the head of the regional bloc said Monday.

Association of Southeast Asian Nations (ASEAN) secretary-general Surin Pitsuwan said Japan’s struggle to prevent a reactor meltdown at the Fukushima nuclear power plant will have a “psychological” impact on some ASEAN members.

“They will continue to explore, but I think the sense of urgency will certainly be contained a little bit,” Surin told reporters on the sidelines of a regional economic conference in Singapore.

The administration of this blog highly encourages readers to click on the links above to read more of this article.

Clearly, a disaster of the magnitude of the events unfolding in Japan can have a tremendous “psychological” effect around the world, but what is interesting about the above quotation is the fact that the Association of Southeast Asian Nations (ASEAN), a regional organizations that is becoming increasingly important in geopolitical matters, seems to be uniformly ambivalent towards nuclear power as of the time of this writing. Meanwhile, the Kingdom of Thailand, an important member of the Association of Southeast Asian Nations (ASEAN), is rethinking its position on the issue of nuclear power. To quote directly from Eco-Business.com:

Thailand has frozen its plans to build its own nuclear power plants in the wake of the ongoing nuclear crisis in Japan following a series of meltdowns at the quake-hit power complex in Fukushima.

Thai Deputy Prime Minister Suthep Thaugsuban announced yesterday that the government would indefinitely halt all plans to build nuclear facilities in the Kingdom.

Again readers are highly encouraged to click on the links above to read more from this posting.

In this blogger’s personal opinion, this decision to “freeze” plans for a Thai nuclear plant is both prudent and necessary. The decision is prudent because it provides the Thai government and people the opportunity to watch the events in Japan unfold. This will provide the Thais with the opportunity to see the extent of the problem in Japan and this opportunity will allow Thai authorities to take a firsthand look at the possible dangers inherent in constructing and maintaining a nuclear facility. Such measures are necessary because failure to be prudent could be costly later, as evidenced by the situation in Japan. This nuclear disaster in Japan is obviously no one’s “fault,” but perhaps failure to take into consideration the fact that Japan, and the reactors present therein, is situated upon one of the most tectonically active locations on Earth may help to explain the nuclear disaster. At this time, fixing the blame for this tragedy should not be at the forefront of people’s minds as the brave Citizens of Japan struggle to overcome this situation, but evaluating the proliferation of nuclear facilities in the ASEAN with a critical eye may help avoid such tragedies in the Southeast Asia of the future.

As economic activity in the ASEAN region, China, Thailand, Laos and Cambodia expands it stands to reason that energy needs will remain an acute concern for the business community as well as governmental authorities, but such considerations would appear to be being weighed in light of the recent events in Japan, as well they should be.

For related information please see: business in China.

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4th March 2011

It recently came to this blogger’s attention via Mr. Paul Huang at the Law Firm of Cenlaw in Shanghai, China that Chinese government officials have promulgated new rules for reviewing mergers and acquisitions in a national security context. To quote Mr. Paul Huang directly:

The State Council of China has laid out long-awaited rules and procedures for national security reviews of foreign mergers and acquisitions. The new acquisition rules will commence operation in March of 2011. Under the rules, the new National Security Review Committee led by China’s National Development and Reform Commission and the Ministry of Commerce that already review mergers under the Chinese antitrust rules will review mergers and acquisitions targeting key companies in the defense, agriculture, energy, resources, infrastructure, transportation and equipment-manufacturing and technology industries. It will apply a broad definition of national security, assessing the impact of deals on economic stability, social order and China’s ability to research and develop key technologies for national defense.

The administration of this blog encourages readers to check out the publications section of the Cenlaw website as it is filled with relevant and detailed information regarding the legal issues which can arise in the context of Chinese business.

As more international investors seek business opportunities in Asia, it will become increasingly necessary for such investors to comply with applicable local laws and regulations. The legal systems in Asian jurisdictions can be very similar or extremely different from Western legal systems. For example, the SAR of Hong Kong, China has a legal system which has its roots in the common law tradition. This state of affairs could be attributed to the fact that Hong Kong was once a Crown Colony of the United Kingdom. Meanwhile, so-called “Mainland China” has a legal tradition that is quite unlike any other jurisdiction in the world. At the same time, the Kingdom of Thailand in Southeast Asia has a legal system which draws upon many different legal traditions around the world while maintaining a uniquely Thai complexion.

Many Western stock exchanges have announced various plans to consolidate through multi-jurisdictional merger or acquisition. This state of affairs will likely raise increasingly complex legal issues as business transactions increasingly occur in a transnational context. As Southeast Asia sees the creation of new stock exchanges in countries such as Laos and Cambodia. It appears increasingly likely that the legal systems in those countries will be of ever increasing interest to international investors seeking information about doing business in those jurisdictions. It will be interesting to follow these developments as business in China and the countries which comprise the Association of Southeast Asian Nations (ASEAN) become increasingly dominant in a global business context.

For related information please see: Laos Stock Exchange.

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