Page 42 - Introduction to Investment Laws in Thailand

licenses must not be granted to foreign businesses, which are 1) foreigners
deported or pending deportation or 2) foreigners staying in Thailand
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without permission under the law governing immigrants or other laws.
The foreign business must abide by the three lists of businesses.
Section 8 of the Foreign Business Act, B.E. 2542(1999) stipulates that;

"(1) Foreigners shall be prohibited from operating the
business not permitted to them with special reasons as described
in List One.

(2) Foreigners shall be prohibited from operating any
business concerning national safety and security, business
affecting art and culture, tradition and folk handicraft or the
business affecting natural resources or environment as
prescribed in List Two unless permitted by the Minister with the
approval of the Cabinet.
(3) Foreigners shall be prohibited from operating the
businesses prescribed in List Three in which Thai nationals are
not ready to compete unless permitted by the Director-General
with the approval of the Committee."

From section 8, a foreign business must not operate any business in
list one. Foreign businesses can operate businesses in list two by the
approval from the Minister of Commerce with approval from the Cabinet.
Foreign businesses can run a business in list three by the license from
Director- General of the Ministry of commerce. Still, the Committee
established by Foreign Business Act must also give consent to the
approval. However, foreign businesses can operate any businesses if the
businesses are not listed on the three lists according to section 8. The lists
of businesses are in the table below.

44 Foreign Business Act, B.E. 2542(1999) section 5

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