Council for Trade in Services - Special Session - Thailand - Conditional Initial Offer
World Trade
Organization RESTRICTED TN/S/O/THA
15 September 2003 (03-4814) Council for Trade in ServicesSpecial Session Original: English
THAILAND
Conditional Initial Offer
The following initial conditional offer has been received from the delegation of Thailand on 29 August 2003 with the request that it be circulated to Members of the Council for Trade in Services.
:
BOLD – New text
STRIKE OUT – Deleted text
ITALICS – Where any new or deleted text constitutes merely a technical refinement that does not alter the scope or substance of an existing commitment
In addition:
{ } – information annotated solely for the purposes of explanations and does not form part of the proposed commitment
Thailand – schedule of specific commitments
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments I.
HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE
3) Unless otherwise specified at the sector- specific level, commercial presence in sectors or subsectors in this schedule is permitted only through a limited liability company which is registered in Thailand and which meets the following conditions:
(a) Foreign equity participation must not exceed 49 per cent of the registered capital;
and
(b) The number of foreign shareholders must be less than half of the total number of shareholders of the company concerned.
Intra-corporate Transferee :
(b) A corporate transferee of the managerial or executive level or a specialist, provided that such person has been employed by the company concerned outside Thailand for a period of not less than one year immediately preceding the date of his or her application for admission and has satisfied the criteria for management needs stipulated by the Department of Employment.
The contract has to be obtained in the following sub-sectors without conferring entitlement to practice as a licensed professional in Thailand:
Consultancy services related to the installation of computer hardware (CPC 84100)
Software implementation services (CPC 84210+84220+84230+ 84240+84250)
Data processing services (excluding those provided over public telecommunications network) (CPC 84310+84320+84330+ 84390)
Data base services (excluding those provided over public telecommunications network) (CPC 84400)
Other computer services : Software training services for staff of clients (part of CPC 84900)
General Management Consulting Services (CPC 86501)
Engineering Services (CPC 86721 to 86727 + 86729) (
except
civil engineer)
Hotel Lodging Services (CPC 64110)
Restaurant Services (CPC 64210)
3),
4) Regarding a Aquisition and usage of land: according to the Land Code of Thailand, foreign nationals or domestic companies which are deemed foreigners are not allowed to purchase or own land in Thailand.
Computer and Related Services
(a) Consultancy services related to the installation of computer hardware (CPC 84100)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may subject to numerical ceilings and specific qualification requirements set by Ministry of Information and Communications Technology (hereinafter “ICT Ministry”), otherwise as indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(b) Software implementation services (excluding programming and systems maintenance services) (CPC 84210+84220 +84230+84240+84250)
1) Unbound
2) None
None other than that indicated in the horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may subject to numerical ceilings and specific qualification requirements set by ICT Ministry, otherwise as indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section (c) Data processing services (excluding those provided over public telecommunications network)(CPC 84310+84320 +84330+84390)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may subject to numerical ceilings and specific qualification requirements set by ICT Ministry, otherwise as indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section (d) Data base services (excluding those provided over public telecommunications network)(CPC 84400)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may subject to numerical ceilings and specific qualification requirements set by ICT Ministry, otherwise as indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(e) Other computer services: software training services for staff of clients (part of CPC 84900)
1) Unbound
2) None
3) None
4) Entry of contractual service suppliers may subject to numerical ceilings and specific qualification requirements set by ICT Ministry, otherwise as indicated in the horizontal section 1) Unbound
2) None
3) None
4) Unbound, except as provided in the horizontal section
E.
Unbound, except as provided in the horizontal section Soil analysis
laboratory
1) None
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) None
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) Unbound, except as provided in the horizontal section
Soil survey and land use Planning
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
Cover crop seed multiplication
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(f) Services incidental to forestry:
Forestry consultant services
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(g) Services incidental to fishing:
International trading, exporting products services (broker)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
Quality analysis services
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
Canning process analysis services
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
s 1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
Technical services
- Consulting
- Research on marketing
- Quality control
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(h) Services incidental to mining at oil and gas fields
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) (a) As indicated in the horizontal section(b) Unbound for civil engineer
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(m) Related scientific and technical consulting services (CPC 8675)
- Oil and gas exploration (part of CPC 8675)
1) Unbound
2) None
3) None
4) (a) As indicated in the horizontal section(b) Unbound for civil engineer
1) Unbound
2) None
3) None
4) Unbound, except as provided in the horizontal section
(n) Maintenance and repair services of office machinery and equipment including computers(CPC 84500)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
Entry of contractual service suppliers may subject to numerical ceilings and specific qualification requirements set by ICT Ministry, otherwise as indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(q) Packaging services (CPC 87600)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) Unbound
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) Unbound
(r) Publishing and printing services excluding publishing newspaper(CPC 88442)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) Unbound 1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) Unbound
(t) Other
Translation and interpretation services (CPC 87905)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
2.
1) None
2) None
3) (a) Shall be a Thai registered company with foreign equity participation not exceeding 40 per cent of the registered capital and the number of foreign shareholders must not exceed 40 per cent of the total number of shareholders of the company
(b) Such company shall be permitted under the built-transferred-operated concept
(c) Must use public telecommunication network under national telecommunication authorities
4) As indicated in the horizontal section
2) None
3) No limitations as long as foreign equity participation does not exceed 40 per cent
4) None Unbound,
2 Radio application service is subject to frequency availability 1) None 2) None
3) (a) Shall be a Thai registered company with foreign equity participation not exceeding 40 per cent of the registered capital and the number of foreign shareholders must not exceed 40 per cent of the total number of shareholders of the company
(b) Such company shall be permitted under the built-transferred-operated concept
(c) Must use public telecommunication network under national telecommunication authorities 2) None
3) No limitations as long as foreign equity participation does not exceed 40 per cent
4) As indicated in the horizontal section
4) None Unbound, except as provided in the horizontal section
Other
Telecommunications equipment sales services (part of CPC 75420) 1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent.
International and National School Education Services (excluding adult and other education services) (CPC 9219+9221 +9222) 1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) Unbound Foreign natural persons may enter Thailand to supply education services provided that:
(1) the natural persons are invited or employed by education institutions duly established and registered in Thailand;
(2) the natural persons possess qualification and experiences set by such institutions as well as meeting other criteria that may be set by Ministry of Education,
Professional and/or Short Courses Education Services (CPC 92400) 1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) Unbound Foreign natural persons may enter Thailand to supply education services provided that:
(1) the natural persons are invited or employed by education institutions duly established and registered in Thailand;
(2) the natural persons possess qualification and experiences set by such institutions as well as meeting other criteria that may be set by Ministry of Education, where applicable
The initial temporary stay shall be six months or the duration of employment period, whichever is shorter, with possibility of extension.
Other
Cleaning services of exhaust gases (including industrial emission abatement) (CPC 9404)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
Noise abatement services (CPC 9405)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
Nature and landscape protection services(CPC 9406)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
Other environmental protection services (CPC 9409)
1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound,
1) Unbound
2) None
3) None other than that indicated in the MA column
4) None Unbound, except as provided in the horizontal section
(d) Services auxiliary to
insurance (excluding pension funding services)
Insurance broking and agency services (CPC 81401) (Brokers shall not induce, advise or do any acts so as to cause any person to enter into insurance contracts with insurers abroad, except for reinsurance contracts)
1 Unbound
2) Unbound
3) Foreign equity participation not to exceed 25 per cent.
(j) Credit, charge and debit cardsNone 4) Limitations on the number of foreign personnel per foreign bank office:
(a) two persons for banks operating as representative office;
(b) six persons for each full-licensed branch; (c) four persons for each BIBF branch;
(d) two persons for each PIBF branch;
(e) eight persons for banks operating as full-licensed and BIBF branch;
For finance companies:
(a) two persons for a representative office;
(b) Maximum of four directors permitted for finance companies;
For securities companies and asset and management companies: two persons for a representative office.
except as provided in the horizontal section
Restaurant Services(CPC 64210) 1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
Catering Services(CPC 64230) 1) Unbound
2) None
3) None other than that indicated in the horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
B.
2) except branch office: As indicated in the horizontal section
3) (a) Unbound
(b) None other than:
(i) Shareholders of Thai maritime transport companies with ownership of Thai flag vessels may be granted exemption or reduced rates of income tax leviable on dividends paid by such companies
(b) See Note to the schedule
4) (a) Ships' crews: Unbound
(b) Other personnel: As indicated in the horizontal section
(ii) Exporters or importers of goods shipped from or to Thailand by Thai flag vessels may be entitled to special deduction of not more than 50 per cent of the freight values or other expenses paid in the ordinary course of carriage of such goods from their net income for the purpose of calculation of income tax
4) (a) Unbound
(b) None Unbound, except as provided in the horizontal section (e) International towing(CPC 7214) 1) None
2) None
3) (a) Unbound for establishment of juristic person for the purpose of operating a fleet under the national flag of Thailand
(b) Other forms of commercial presence for the supply of international towing service (as defined below - 3.
Road Transport Services Other non-scheduled passenger transportation
(b) Freight transportation only for frozen or refrigerated goods, bulk liquids or gases and containerized freight (CPC 71231 to 71233)
1) Unbound
2) None
3) (a) None other than In addition to that indicated in the horizontal section,
(b) N not less than half of the board of directors of the company must be have Thai nationality
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(c) Rental services of passenger cars with operator (CPC 71222)
1) Unbound
2) None
3) (a) None other than In addition to that indicated in the horizontal section,
(b) N not less than half of the board of directors of the company must be have Thai nationality
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
(c) Rental services of buses and coaches with operator (CPC 71223)
1) Unbound
2) None
3) (a) None other than In addition to that indicated in the horizontal section,
(b) N not less than half of the board of directors of the company must be have Thai nationality
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity participation does not exceed 49 per cent None
4) None Unbound, except as provided in the horizontal section
H.
2 "Other forms of commercial presence for the supply of international maritime transport services": for the purpose of this schedule, means the ability for international maritime transport service suppliers of other members to undertake locally the following:
(a) Marketing and sales of maritime transport services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself;
(b) The procurement, on their own account of any transport and related services, necessary for the supply of the integrated service;
(c) The preparation of documentation concerning transport documents, customer documents, or other document related to the origin and character of the goods transported;
(d) Setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally with any locally established shipping agency: As indicated in the horizontal section.
- Countries which have the same zero rate VAT system as Thailand
- Countries which exempt Thai persons from VAT or other taxes of similar nature by virtue of the treaties concluded or to be concluded with Thailand
- Countries which exempt juristic persons constituted in accordance with Thai law from VAT or other taxes of similar nature on the basis of reciprocity
- Countries which do not levy VAT or other taxes of similar nature on juristic persons constituted in accordance with Thai law on the basis of reciprocity
Indefinite
Reciprocal basis
International maritime transport of cargoes
1) Rights to carry all products: Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America
2) Cargo sharing
The United States of America
10 years
Bilateral agreement
- Commercial Maritime Navigation Agreement between the Government of the Kingdom of Thailand and the Government of the Socialist Republic of Vietnam
The Socialist Republic of Vietnam
10 years
Bilateral agreement
- Agreement of Maritime Transport between the Government of the Kingdom of Thailand and the Government of the People's Republic of China
The People's Republic of China
10 years
Bilateral agreement
International road transport services
- Passenger transportation
- Freight transportation
- Rental of non- commercial vehicles with/without driver
Reciprocity treatment
Countries that have the agreement on international road transport with Thailand
Indefinite
Reciprocal basis
Aircraft repair and maintenance services
Thailand will grant permission to airlines of those countries which treat Thai carriers on reciprocal basis
- Countries whose airline is accepted as a designated airline by Thailand under bilateral air services agreements
- Countries whose regulations do not prevent Thai carriers from performing similar activities in that country
Indefinite
Reciprocal basis
Service sectors stipulated in the relevant articles of the Treaty of Amity and Economic Relations especially Articles 4 and 10
Only American citizens and entities are granted national treatment with respect to operating business and providing services in Thailand
The United States of America
10 years
Bilateral agreement
__________
Note: The scope and classification of sub-sectors contained in this schedule,
In considering managerial needs, the following facts shall be taken into consideration by the relevant authority, namely: (1) size of fully paid-up capital; (2) employment creation; (3) extent of foreign investment; (4) export promotion; (5) transfer of technology; (6) special needs of the management.
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