Integrity Legal

As the first two weeks of the “Phuket Sandbox” scheme have elapsed, it appears that program is gaining increasing momentum in terms of tourist interest. Although the program has not been without issues as recent arrivals testing positive for COVID-19 have created situations where Alternative State Local Quarantine measures have been undertaken. That stated, the overall program seems to be proceeding smoothly and offers a glimmer of hope for the Thai tourism industry. It should be noted that the Phuket Sandbox is not reserved for tourists, it is possible for those with a non-immigrant visa to use the Phuket Sandbox as well.

Meanwhile, the island resort of Samui is reopening in a limited capacity to foreign tourists. The Samui Sandbox, or what some have dubbed the Samui corridor (due to the sealed pipeline of travelers transitioning through Bangkok), has commenced in recent days although there seems to be less than optimal demand for this program compared to its Phuket counterpart. To quote directly from a recent article titled “No foreign tourists on first day of Samui reopening” in The Nation:

Only 11 foreigners – all members of the media – will take the Bangkok Airways flight from Bangkok to Samui on Thursday, according to the Koh Samui Tourism Promotion Association. “We do not expect a lot of travellers to visit Thailand in the third quarter this year as the rise in the country’s daily Covid-19 cases would affect their confidence,” association chairman Ratchaporn Poolsawas said on Wednesday. “However, what we can do is start tourist operations in line with standard procedure in a bid to stimulate the country’s tourism.”

Clearly, demand for the Samui project is not as robust as some might hope. However, as the weeks go by the Samui program may prove to be a desired destination for future tourists. Also, it may prove to be an alternative to the Phuket Sandbox in a hypothetical situation where the Phuket program must be rolled back even though this does not appear to be a likely possibility as of the time of this writing.

While positive news abounds for Phuket and Samui, Bangkok remains under severe lockdown conditions presumably throughout the remainder of July. Restaurants cannot provide dine-in services, alcohol service of all kinds are banned, shopping malls are closed, and the city remains in a de facto state of severe lockdown. When exactly this will end remains to be seen as calls from within Thailand and in other jurisdictions are being made for a paradigm shift in the way pandemic response is undertaken with some arguing that the containment strategy is no longer viable especially in light of the devastating economic impact these measures have had and which will presumably continue should these policies continue to be enforced.

While the American Embassy in Thailand continues to provide US visa interviews and other routine services (albeit in a rather truncated manner) some have argued that the Embassy should provide vaccinations for expats Americans. As of the time of this writing, the Embassy has stated this service will not be provided and it seems unlikely this will change any time soon.

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In a recent article in the Bangkok Post it was reported that the current government in Thailand is taking measures to foster growth for small to medium sized enterprises (SMEs) in Thailand. It would appear that the present government is eager to provide encouragement for small and medium sized businesses in Thailand. Furthermore it seems as though Thai officials are attempting to position the country as a location of choice for small business start-ups within the greater framework of the Association of Southeast Asian Nations (ASEAN) and the ASEAN Economic Community (AEC). However, of particular interest to this blogger was the mention of possible rule changes with regard to Thai corporate regulations pertaining to Thai Company registration and the shareholdings thereof. To quote the aforementioned article directly:

Mr Pongpun said the authorities were improving regulations on the incorporation of private companies to allow the incorporation of a juristic person registered by only one person.

At present, corporations (also referred to as juristic persons) in Thailand must have a minimum of three (3) shareholders in order to incorporate under Thai law. It should be noted that prior to an amendment to Thai corporate law at approximately the turn of the century it was required that all companies registered in Thailand have a minimum of 7 shareholders in order to incorporate pursuant to Thai law. Many at the time felt that the 7 shareholders requirement was too cumbersome and for that reason the statutorily required number of shareholders was reduced to 3. Since then, there have been those who have noted their belief that allowing Thai corporate structures with only one shareholder would bring Thai corporate law more in line with similar bodies of law globally. For example, in many American jurisdictions Limited Liability Companies or LLCs are only required to have one member/shareholder, while similar Limited Company (Ltd.) structures are allowed in Britain and the Commonwealth nations and many European jurisdictions allow for similar corporate structures as well.

It remains to be seen whether Thai corporate law will be amended to allow for single shareholder corporations in Thailand. It is a good sign that such structures are being considered by Thai officials especially since such structures would be especially beneficial to small business owners in Thailand. Of special note to American readers, pursuant to the provisions of the US-Thai Treaty of Amity it is possible for American Citizens to own 100% of an Amity company registered in Thailand. Should the aforementioned changes take place it could result in Americans being able to own their small business singularly without any Thai shareholders.

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It recently came to this blogger’s attention that financial and economic analysts in China are rather pessimistic regarding the prospects of the American financial system in its present form. In order to provide further insight into these developments it is necessary to quote directly from the CNBC website, CNBC.com:

The man who leads one of China’s top rating agencies says the greenback’s status as the world’s reserve currency is set to wane as the world’s most powerful policy makers convene to examine the implication of S&P’s decision to strip the United States of its triple “A” rating. In comments emailed to CNBC, Guan Jianzhong, chairman of Dagong Global Credit Rating, said the currency is “gradually discarded by the world,” and the “process will be irreversible.” Dagong made headlines last week when it became the first rating agency to cut its U.S. credit rating from “A+” to “A” after policymakers in Washington failed to act in a timely manner to lift its debt celing…[sic]

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to read this article in detail.

It is this blogger’s opinion that although the American economy is in a rather precarious position as of the time of this writing, the one attribute most notable about said economy is her ability to recover and thrive even after a significant downturn. How the American economy and the United States dollar will fare moving forward remains to be seen, but it is clear that many in Asia monitor such developments closely as economic conditions in the United States can have implications for the Asia-Pacific region, the so-called BRICS countries, and the Association of Southeast Asian Nations (ASEAN).

In news directly pertaining to the Kingdom of Thailand and the Association of Southeast Asian Nations (ASEAN), it recently came to this blogger’s attention that officials in Thailand are attempting to provide ASEAN exposure to Thai small and medium sized businesses. To provide further information it is necessary to quote directly from the official website of the Bangkok Post, BangkokPost.com

The Thailand Plaza programme to help local small businesses gain exposure abroad needs a fresh focus with more showrooms in Asean countries, according to the Office of Small and Medium Enterprises Promotion (Osmep). The programme that originated during the Thaksin Shinawatra government focused on developed Western countries but the results were poor. The first plaza in the United States folded as the cost of maintaining the office was too high. Thailand Plazas, with a budget of 100 billion baht, are seen as having potential to become a key marketing channel for Thai small and medium enterprises (SMEs) to gain access to Asean countries. Yuthasak Supasorn, the Osmep director-general, said partners of Thai SMEs could also order products via Thailand Plaza outlets in each country.

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

As the jurisdictions which comprise the ASEAN community continue to expand economically it stands to reason that intra-ASEAN trade will be facilitated by programs like the aforementioned one noted in the quotation above. How the scheme above will ultimately be implemented remains to be seen, but clearly there is reason to believe that a program such as this could be beneficial for both ASEAN jurisdictions outside of Thailand and the overall Thai business community.

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