Thailand’s new Customs Act comes into law after being announced in May this year, The Nation reports.
The new Customs Act B.E 2560 (2017) was announced in the Royal Gazette on May 17th 2017. The new law came as a result of numerous drafts and debates over the old version of the Customs Act, which had been in place since 1926.
Key Points of Thailand’s New Customs Act
- Elimination of strict liability presumptions on an accused for claims of customs duty evasion.
- Elimination of presumed liability for officers, directors, and other authorized persons.
- Decrease in the percentage of fines claimed as rewards for whistleblowers under the Customs Act and introduction of a cap on such rewards of THB 5 million.
- Significant change in the calculation of criminal fines for claims of duty evasion. Previously, the fine was 4 times the combined price of good plus duty, while the new calculation for a fine is between 0.5 to 4 times the amount of duty evaded.
- For the first time, the Court can apply discretion in calculation of criminal fines.
- Imposition of limits on post-clearance audit timelines.
- Creation of clear timelines for Board of Appeal review.
- Imposition of a clear deadline for return of duty guarantees.
US immigration lawyers in Thailand and the American Chamber of Commerce in Thailand praised the new act, with the AMCHAM president, Jeffrey Nygaard, saying that it will “bring Thailand’s customs law closer to international best practices”.
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