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Thailand’s Deputy Prime Minister and Foreign Minister Surapong Tovichakchaikul in conjunction with his ASEAN counterparts as well as US Secretary of State John Kerry discussed the American relationship with the Association of Southeast Asian Nations (ASEAN) at the Informal ASEAN-US Foreign Ministers’ Meeting. The informal Ministers’ Meeting was conducted while the 68th Session of the United Nations General Assembly was held in New York City, the Thai Government Public Relations Office reported.

The Thai Foreign Minister noted his approval of efforts being made in the United States to encourage green energy initiatives as such programs could prove beneficial in the Southeast Asia region especially as climate change becomes an increasingly important concern. The Foreign Minister also appears to have commented positively regarding American efforts with respect to Syria citing his desire to see a political solution to those issues being promulgated through a forthcoming United Nations Security Council resolution. It should be noted that, Thailand has officially stated its intention to seek a non-permanent seat on an upcoming UN Security Council. Meanwhile, The Foreign Minister also pointed out the significant positive impact that the United States has on the ASEAN region as cooperative efforts between the United States and the jurisdictions which comprise ASEAN have resulted in greater security and economic gains for all parties concerned.

The US-ASEAN Expanded Economic Engagement Initiative was cited as a particularly encouraging development which could result in further trade and foreign investment for the ASEAN region. The Lower Mekong Initiative was also noted as a program which has improved the region academically, agriculturally, and environmentally. The Foreign Minister also urged the United States to assist in improving regional law enforcement capabilities by further mutual cooperation and increased training. One method of increasing training capability would be through establishment of a series of International Law Enforcement Academies

Further US-ASEAN cooperation could also lead to better security for the Southeast Asia region. The Foreign Minister noted that further ASEAN-US cooperation in the realm of cyber security may assist in inoculating the region from dangers arising in cyber space. The Foreign Minister also expressed his desire to see the United States continue its support for ASEAN’s endeavor to see an expeditious completion of the Code of Conduct in the South China Sea.

Relations between the United States and ASEAN have become of recent interest to many who follow foreign policy issues. As ASEAN’s eventual economic integration draws nearer the United States seems to acutely realize that there is a strong prospect of future benefits which may be derived from substantial ties to the region.

Tags: 68th Session of the United Nations General Assembly, ASEAN, ASsociation of Southeast ASian Nations, Foreign Minister Surapong Tovichakchaikul, Informal ASEAN-US Foreign Ministers’ Meeting, Lower Mekong Initiative, Secretary of State John Kerry, United Nations Security Council, US-ASEAN Expanded Economic Engagement Initiative
Posted in News, US Mission ASEAN, US State Department | No Comments »

Officials at Thailand’s Ministry of Labor are currently in the process of promulgating guidelines pertaining to the issuance of Thai work permits for ASEAN citizens, according to an official report from the Government Public Relations Department. These measures are being implemented in an attempt to better manage what are perceived to be substantial future inflows of skilled and professional labor coming from the other jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN). For those unaware, the ASEAN economic community (AEC) is currently poised to economically integrate in 2015.

According to officials at the Ministry of Labor, initially work permits may be issued for citizens of other ASEAN nations in twenty-five career fields. This prospective policy is in keeping with the provisions of the ASEAN Agreement on the Movement of Natural Persons (MNP). Professionals operating in areas involving: computers, advertising, marketing research, research and development, agriculture, telecommunications, management, education, finance, health, translation services, construction, engineering, and transport services (to name a few areas) may be eligible for a Thai work permit. Labor Ministry officials are apparently poised to utilize the National Skill Standard in order to ascertain whether approval of a work permit application for an ASEAN citizen is warranted. This measure is being undertaken in an effort to insure that only qualified workers are granted a work permit. Meanwhile, the Ministry of Labor and the Ministry of Commerce are preparing to work in conjunction with the Management System Certification Institute (Thailand) in an effort to set policies aimed at providing temporary status for qualified ASEAN citizens wishing to enter the Kingdom of Thailand.

All of these measures appear to be designed to provide ASEAN citizens with the rights and privileges that come with work authorization in Thailand. It is thought that as ASEAN becomes increasingly integrated larger numbers of foreign workers will descend upon Thailand as increasing numbers of Thai nationals seek employment opportunities in other ASEAN countries.

At the time of this writing, virtually all foreign nationals working in the Kingdom of Thailand are required to obtain work authorization in the form of a Thai work permit. Except in the case of a foreign national married to a Thai, such individuals are also required to obtain a Thai business visa in order to be eligible to apply for a work permit. As can be inferred from the information noted above, notwithstanding the integration of the ASEAN economies, foreign nationals from ASEAN countries are also likely to be required to obtain business visas and work permits before being able to legally undertake employment in the Kingdom.

Tags: AEC, ASEAN, ASEAN Economic Community, ASsociation of Southeast ASian Nations, Thai Business Visa, Thai Business Visa ASEAN Citizen, Thai Work Permit, Thai Work Permit ASEAN, Thailand Business Visa, Thailand Business Visa ASEAN Citizen, Thailand Work Permit, Thailand Work Permit ASEAN, Thailand Work Permit ASEAN Citizen, work permit Thailand
Posted in Thailand Work Permit | No Comments »

It was recently announced that the Prime Minister of Thailand, Yingluck Shinawatra, believes that the Thai economy would improve notwithstanding economic slowdown around the world. In recent comments the Prime Minister noted that even though there have been signs of economic turmoil in more sophisticated economies such as the United States and the European Union, Asian nations have shown signs of growth. This growth is particularly noticeable, according to the Prime Minister, in those jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN).

The Thai premier went on to note that the so-called “quantitative easing” measures implemented in the United States (as well as other jurisdictions) had created a situation in which capital began flowing into the Thai markets. The challenge for Thailand’s government requires seeing to it that such inflows are converted into investment in the Kingdom with tangible results. Furthermore, Thailand’s economy has been undergoing a sort of metamorphosis in recent years as the Kingdom’s largest export markets have been dealing with economic problems, Thai businesses have had to rely increasingly upon domestic demand for Thai products and services. This transition has caused a degree of hardship for some Thai businesses, especially those dependent upon exports. The Government appears to be seeking a way in which to adjust the current relationship between domestic revenue and revenue derived from exports.

On the issue of exports, it appears that the government in Thailand is attempting to implement policies which would allow for more exports to nations which border Thailand, while encouraging further trade relationships with the other ASEAN members. The Prime Minister apparently believes that Thai exports in the last six months of 2013 will outpace those in the first six months of the year.

Foreign tourists appear to be arriving in increasing numbers and it is hoped that foreign tourists will reach a total of 22 million in the year 2013. Foreign nationals living and working in Thailand may be pleased to note that the Permanent Residence quotas for 2013 have been announced. As in previous years, in 2013 the Royal Thai Immigration Police will be accepting Thai Permanent Residence applications from one hundred (100) individual foreign nationals from each country outside of Thailand. Also, the recent announcement regarding permanent residence applications noted that fifty (50) stateless persons will be eligible to apply to become permanent residents of Thailand. The annual quota noted above is imposed by immigration officials and represents the maximum number of applications which will be considered. Generally, Thai permanent residence applications are submitted during December with a final deadline coming before the start of the new year.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Permanent Resident Thailand, Thai Exports, Thai permanent residence, Thai Permanent Resident, Thai PR, Thailand Business, Thailand Economy, Thailand Permanent Residence, Thailand Permanent Resident, Thailand PR
Posted in Thailand Visa | No Comments »

A recent article posted on the official MCOT website noted that Thailand’s Prime Minister Yingluck Shinawatra is currently visiting Nanning, China. Nanning is the capital of Guangxi Zhuang Autonomous Region. Apparently she is visiting in her official capacity and attending the commencement of the China-ASEAN Business and Investment Summit and the 10th China-ASEAN Expo. These activities are reportedly to continue until the 6th of September. A government spokesman pointed out that the Kingdom of Thailand and the Peoples’ Republic of China are seeking to increase bilateral trade volume to $100 billion by 2015. The same spokesman also noted that the Chinese Prime Minister has signaled Chinese intentions to purchase 1 million tons of rice from Thailand.

The issue of international purchases of Thai rice has been controversial in recent months as the current Thai government has taken criticism for the so-called rice pledging scheme. Should the Chinese government ultimately purchase the amount of rice noted above it could be viewed as a positive development for the Thai agricultural sector as a whole and the rice sector in particular.

It was also noted that Chinese officials had displayed interest in investing in the Thai rubber industry. As in the case of the Thai rice pledging scheme, the current government has dealt with frustration from labor groups in the Thai rubber industry as protests of current policy have even caused highways and railways to be closed in Southern Thailand. Perhaps an influx of Chinese investment could ease some of these tensions and result in a more prosperous Thai rubber sector in the future.

Meanwhile, the issue of railways also seems to be of importance to Thai, ASEAN, and Chinese officials attending the summit as Thailand appears set upon investing 2 trillion baht in infrastructure projects including construction of high speed rail systems. It is hoped that by the year 2020 Thailand will have a high speed rail system connecting to China via Laos. In the previous posting on this blog it was pointed out that Chinese businesses are repositioning themselves both strategically and geographically in an effort to gain further access to what they believe to be an increasingly lucrative ASEAN market. By creating a high speed rail link between China and Thailand, Thai officials could place Thailand in a very beneficial position in the future since such a system would facilitate further trade not only between China and Thailand, but also between those two countries and the other ASEAN markets.

Tags: ASEAN, ASsociation of Southeast ASian Nations, China, China-ASEAN Business and Investment Summit, China-ASEAN Expo, Laos, Prime Minister Yingluck Shinawatra, Rice Subsidy Scheme, Thai Rice, Thai rubber industry, Thailand, Thailand agriculture, Thailand High Speed Railway
Posted in ASEAN Business, China Business, Thailand Business | No Comments »

In a recent China Daily news article the impact of growing trade between China and the countries which comprise the Association of Southeast Asian Nations (ASEAN) was discussed. It would appear that trade between China and ASEAN is having significant ramifications for merchants and businesspeople within China. The article points out that a Chinese candy manufacturer moved its operations to Guangxi, once considered something of a backwater, in an effort to better capitalize upon the benefits of ASEAN’s rise economically. In the article Wu Jinpei, the owner of the aforementioned candy manufacturer, points out that gaining access to the ASEAN market is an important issue for his business “We invested in Guangxi because the region is a gateway to the ASEAN, which provides great geographic advantages and potential markets.”

In a previous posting on this blog, it was pointed out that China-ASEAN trade has increased exponentially in the past 10 years. As of 2012, trade between ASEAN and China exceeded $400 billion. This number is roughly five times larger than the same figures in 2003. Clearly ASEAN is proving to not only be a major factor to be taken into consideration by those doing business within Southeast Asia, but also by those trading in Greater Asia as well. The previously cited article went on to point out that as trade has flourished between China and ASEAN the business dynamics within China have transformed as well. “When I first came here [Guangxi] in 1996, there were only a dozen businessmen from Fujian and the market was small,” said Wu. “But now more than 1,000 Fujian merchants have gathered in this tiny city and the number is growing.”

Recent comments from the Thai Prime Minister pointed out that high speed rail systems linking Thailand to China via Laos is a priority in the long term and many other ASEAN jurisdictions have been moving towards developing similar projects. These remarks, coupled with the information cited in the above article are reminiscent of the period in the United States when so-called “rail heads” created boom-towns across the American frontier. As the railroads continued their drive westward and as new territories became more integrated into the overall economy trade flourished and prosperity increased.

Could the growth of ASEAN-China trade and once small Chinese business communities becoming significant trade centers catering to ASEAN demand combined with the prospect of further economic integration through connection of ASEAN countries with China herald a new boom-town era for East and Southeast Asia? It seems quite likely that as China’s economy continues to become more sophisticated and as ASEAN moves toward economic integration, in the form of the ASEAN Economic Community (AEC), the world could see staggering economic growth in once obscure geographic areas in Asia.

Tags: ASEAN, ASsociation of Southeast ASian Nations, China, China-ASEAN trade, Guangxi, high speed rail Southeast Asia, Thai Prime Minister, Thailand
Posted in ASEAN Business, China Business, Thailand Business | No Comments »

Many people living in Thailand establish corporate entities in order to conduct business in the Kingdom. This is no different for foreign nationals wishing to do business in Thailand. In the past, it was relatively easy for foreign nationals to set-up a Thai company. However, over the years the rules regarding corporate formation have grown increasingly complex as the business environment has evolved. At the same time, Thai officials have implemented policies which foster foreign investment (most notably recent regulations which have decreased the Thai corporate tax rate from 23% to 20%). All of these issues gain a new complexion when one considers the fact that as Thai laws regarding corporations have developed so too have the agreements creating the infrastructure which underlies the Association of Southeast Asian Nations (ASEAN).

In the past, Thai authorities did not, in general, heavily scrutinize Thai companies with all Thai shareholders, even such entities having a foreign director. In fact, there was a time when simply maintaining a majority of Thai shareholders provided a degree of protection against substantial official examination. Thai partnerships (both limited and ordinary) were also somewhat immune from significant governmental oversight even where a foreign partner controlled a stake the firm. However, it should be noted that pursuant to the provisions of the Thai Foreign Business Act virtually all Thai business entities with a foreign majority ownership structure have been required to obtain either a Foreign Business License, a Treaty Certificate pursuant to the provisions of the US-Thai Treaty of Amity, or some other form of documentation showing either licensure from the Ministry of Commerce pursuant to Thai law or exemption based upon a Free Trade Agreement.

As of January 2013, a new policy regarding newly established Thai companies came into effect. Thai companies with any foreign directors must now prove that the registered capital has been paid into the company by the relevant shareholders. This is even the case where the company is wholly owned by Thai nationals. Furthermore, where a foreign national maintains 50% (or more) interest in a Thai partnership evidence must be provided showing paid up capital in the enterprise. Registered capital has always been an issue for Thai authorities, but it would now appear that the rules regarding registered capital will be applied more stringently especially where there is a foreign director or partner involved in the Thai company or partnership.

As the ASEAN Economic Community (AEC) is set to come into existence in 2015 and based upon the fact that Thailand has signed various international agreements pertaining to international trade and foreign direct investment there are some who argue that the time is quickly coming when Thai regulation of foreign run businesses will be liberalized. Until that time comes, the rules imposed upon foreigners setting up businesses in Thailand are likely to be more strictly enforced compared to times past.

For related information please see: Thailand Business Registration.

Tags: Amity Treaty, Amity Treaty Company, ASEAN, ASsociation of Southeast ASian Nations, Business Registration Thailand, Registered Capital, Thai Business Incorporation, Thai Company, Thai Limited Partnership, Thai Partnerhip, Thailand Business, Thailand Business Incorporation, Thailand Business Registration, Thailand company, Thailand company registration, Thailand Limited Partnership, Thailand Partnership, Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, ASEAN Business, Thailand Business, Thailand company | No Comments »

In a recent article from The Telegraph author Ambrose Evans-Pritchard analyzed how Federal Reserve policies impact emerging markets. It is a very interesting article for anyone (especially expatriates living abroad) interested in understanding how Fed policy reverberates in markets outside of the United States. Of particular interest to expats living overseas was the analysis of the disproportionate impact Fed policy has on foreign nationals residing in other countries. Although the aforementioned article would seem primarily targeted  at a British audience, as an American expatriate living in the Kingdom of Thailand, I found this information compelling. Evans-Pritchard cited an assertion from Mirza Baig of BNP Paribas noting that foreign nationals bear significant currency risks in some of the nations in Southeast Asia. In Thailand, it appears that foreigners bear currency risks of 81%, while those expatriates living in Malaysia and India bear 90% and 74% risk, respectively. I have  dealt with the vicissitudes of currency fluctuation many times during my tenure in Thailand as the exchange rate between the Thai Baht and the US Dollar was around 39-1 when I first arrived in the Kingdom. Since then, I have seen the exchange rate fall (or rise depending upon your perspective) to around 27-1 and re-stabilize around 30-1. As of the time of this writing, the Baht-Dollar exchange rate stands at approximately 31-1. However, many are speculating that the Baht will lose value against the dollar in the coming months. This would likely be due to the perception that the Fed may begin to implement a kind of belt tightening after years of promoting liquidity.

Unlike times past, the actions of the Fed have increasingly serious implications in emerging markets. As the article noted, in the past when the Federal Reserve Chairman Paul Volcker tightened up his belt, there were substantial ramifications in South America and elsewhere. The negative aspects of those policies on South American economies was containable. However, this was at a time when China was virtually isolated, and the Soviet Union did not really factor into the any analysis of the economic interactions between countries in the “Free World”. Meanwhile in the 1990′s Federal Reserve policies could negatively impact global economics more than before that period, such negative implications were still containable since there was a “power ratio” of around 1:2 between the United States economy and the emerging markets. This is no longer the case as the relationship has basically equalized. Should Fed policies have a substantial negative impact on the emerging markets, then the problem may not be contained within those markets and the economic problems could easily (and quickly, if there is anything to be learned from the financial crashes of the past decade) spill over into Western Europe and America.

In American politics, one cannot read articles and information regarding the United States’ stance on Southeast Asia without seeing the words “pivot”. The Obama administration has consistently noted that the U.S. wishes to see American foreign policy “pivot” to a more solid relationship with the nations in the Asia-Pacific region and those comprising the Association of Southeast Asian Nations (ASEAN). In fact the P-word has been cited in connection to the visit to Southeast Asia by the American Secretary of Defense. However, in light of recent events in the economic sphere it would appear that ASEAN countries and Thailand specifically may be “pivoting” themselves. For example, at the recent meeting between the Foreign Ministers of ASEAN and the Foreign Minister of China it was noted that Sino-ASEAN trade increased five times compared to ten years ago. As of 2012, trade between China and ASEAN stood at approximately $400 billion. Clearly, China is becoming an increasingly important trading partner and in light of the fact that ASEAN and Thailand may not wish to be at the mercy of the Fed’s whims, further solidifying this relationship may prove to be an effective method for ASEAN nations to mitigate negative side effects caused by economic policies of both China and the United States.

In a recent interview, the Prime Minister of Thailand, Yingluck Shinawatra, articulated a desire to see further investment in Thailand from China and supported such an investment due to Thailand’s position as the “strategic center” of ASEAN. “Thailand will be spending about 66 billion U.S. dollars in infrastructure. Especially, we will need the technology that China has, like high speed train,” Mrs. Yingluck stated. “And we know that the high-speed railway connecting Thailand and China will run from Thailand through Laos to China. So it will be an important part of Chinese investment in Thailand”. As the deadline for ASEAN integration comes ever closer it seems logical to assume that Thailand, the ASEAN jurisdictions, and China will all see a closer economic relationship begin to blossom. How this relationship will impact both diplomatic and trade relations with the United States remains to be seen, but American economic policy makers should be aware that the era of America being able to set economic and monetary policy with little thought to the implications in emerging Asian markets has passed.

Tags: ASEAN, ASsociation of Southeast ASian Nations, China, China-ASEAN trade, currency exchange, expatriate currency issues, Federal Reserve Chairman Paul Volcker, high-speed railway, Laos, Malaysia, Thailand, United States, Yingluck Shinawatra
Posted in American Business, ASEAN Business, China Business, Laos Business, Malaysia Business, News, Thailand Business, US Business | No Comments »

In what could be described as a watershed moment for United States-Myanmar relations, these two countries held their first joint human trafficking discussions officially dubbed the U.S.-Myanmar Trafficking in Persons dialogue. The discussions were held on August 1, 2013 in Nay Pyi Taw, Myanmar. Myanmar Police Chief Major General Zaw Win and United States Ambassador-at-Large for the Office to Monitor and Combat Trafficking in Persons Luis CdeBaca headed the Myanmar and United States’ delegations. These events were reported in an August 19th Press Release from the American State Department. To quote from the recent State Department Press Release:

In-depth discussions covered a variety of human trafficking issues, including forced labor, sex trafficking, and the unlawful recruitment and use of child soldiers, with particular focus on the importance of employing a victim-centered approach to combating human trafficking, the need to show concrete results in holding to account perpetrators of all forms of trafficking, and the benefits of robust government-civil society partnerships. Both governments agreed the dialogue was very productive and pledged their continued commitment to enhanced cooperation in addressing this serious crime and human rights issue under the auspices of the United States-Myanmar Joint Plan on Trafficking in Persons.

Human trafficking is a serious issue to American policymakers as well as their counterparts in the various nations which comprise the Association of Southeast Asian Nations (ASEAN). Many of the ASEAN members states (Malaysia, the Philippines, Singapore, Thailand, Brunei, Myanmar, Cambodia, Laos, and Vietnam) have struggled with human trafficking and have promulgated policies to thwart would-be traffickers and provide assistance to the victims of this insidious international scourge. It is promising to see the United States engaging Myanmar on this issue as recent history has seen Myanmar maintaining a rather aloof stance towards both the United  States and the international community as a whole. Hopefully, this recent meeting will garner further cooperation between the United States and the Union of Myanmar on this issue as the eradication of human trafficking would prove to be not only a benefit to the people of each of these countries, but also to the region and the world. It could be argued that by engaging Myanmar in a discussion of this issue the United States is not only highlighting Myanmar’s importance geopolitically, but also that country’s potential to curtail human trafficking on a regional scale. Should this meeting result in any decrease (whether large or small) in human trafficking, then this initial dialogue must be viewed as a success. Hopefully the day will come when human trafficking is no longer the problem that it is at this time.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Burma, forced labor, Human Trafficking, Myanmar, sex trafficking, U.S.-Myanmar Trafficking in Persons dialogue, Union of Myanmar, United States-Myanmar Joint Plan on Trafficking in Persons, US State Department
Posted in News, US State Department | No Comments »

It was recently announced that Mr. Liu Zhenmin, Vice-Minister of the Ministry of Foreign Affairs of the People’s Republic of China and Mr. Sihasak Phuangketkeow, Permanent Secretary of the Ministry of Foreign Affairs of the Kingdom of Thailand met for the first Thailand-China Strategic Dialogue on August 19. These two officials discussed many issues of importance to both countries and assessed not only the Sino-Thai relationship, but also the relationship both countries maintain with the nations comprising the Association of Southeast Asian Nations (ASEAN). To quote a recent press release from the Thai Ministry of Foreign Affairs:

Both sides noted with satisfaction the progress and the dynamism made in areas as high-level visits, trade and investment, tourism, culture and education since the adoption of the Joint Action Plan on Thailand-China Strategic Cooperation (2012-2016). Both sides agreed to maintain the momentum and, as for next steps, to deepen cooperation on high speed train, water resources management, green, renewable and alternative energy as well as education and human resource development as priority under the MOU on Cooperation on Sustainable Development. Both sides shared the view that the 3rd Meeting of the Joint Commission on Trade, Investment and Economic Cooperation should be convened soon to discuss ways to further promote trade and investment in order to achieve the bilateral trade target of 100 billion USD by 2015 set by the leaders of the two countries. Both sides also agreed to fully implement the MOU on Agricultural Trade Cooperation and facilitation trade in agricultural products and RMB should play a greater role in the business transactions between China and Thailand. Both sides reviewed the decade-long China-ASEAN Strategic Partnership and agreed that it has stood as a pillar of regional peace, stability and prosperity…

As the date approaches for the integration of the ASEAN economies thereby creating the ASEAN Economic Community (AEC) many nations around the world and within the region are likely speculating as to how ASEAN and China will interact both geopolitically and economically. In fact, the recent Thai-Chinese dialogue occurs closely after a recent ASEAN Foreign Minister’s Retreat hosted in the Thai city of Hua Hin. Mr. Surapong Tovichakchaikul, Deputy Prime Minister and Minister of Foreign Affairs of Thailand, chaired the meeting. During the course of the discussions, the issue of the Sino-ASEAN relations was discussed. To quote directly from a different press release from the Thai Ministry of Foreign Affairs:

Mr. Surapong highlighted the importance of ASEAN’s centrality in the evolving regional architecture. He suggested that ASEAN should strive towards a common and more coordinated position and speak with one voice on matters that affect the interest of ASEAN…On ASEAN-China dialogue relations, Mr. Surapong emphasized the importance of maintaining the continuing the spirit of “constructive cooperation” for mutual trust and cordial relations between ASEAN and China, including through advancing trade facilitation and promoting ASEAN’s connectivity efforts with China. He looked forward to the convening of a Special ASEAN-China Foreign Ministers Meeting on 28 – 30 August 2013 in Beijing, to further discuss ways to enhance the strategic relations between ASEAN and China.

Clearly ASEAN’s future economic position is of interest to the Foreign Ministers representing the nations which are included in ASEAN. However, the future of Sino-ASEAN relations is of key importance not only in terms of regional politics, but in terms of global economics and international affairs. How ASEAN will interact with China on key international issues in the future is of significance for many nations in the Asia-Pacific region. Meanwhile, an integrated ASEAN economic bloc could represent one of, if not the, largest economies in the world at some point in the relatively near future. By capitalizing on such a situation to improve trade relations not only with China, but with the United States and the nations comprising the European Union, the countries of ASEAN could stand to reap benefits exponentially larger than those garnered through traditional bi-lateral negotiation.

It will be interesting to see what develops at the upcoming meeting of ASEAN and Chinese Foreign Ministers.

Tags: AEC, ASEAN, ASEAN Economic Community, ASsociation of Southeast ASian Nations, China-ASEAN Strategic Partnership, Investment and Economic Cooperation, Joint Action Plan on Thailand-China Strategic Cooperation, Joint Commission on Trade, MOU on Cooperation on Sustainable Development, People’s Republic of China, Special ASEAN-China Foreign Ministers Meeting, Thailand
Posted in ASEAN Business, China Business, News, Thailand Business | 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 »