Pursuant to our client alert on Dual-Use Items last year, the Ministry of Commerce (“MOC“) has shifted its focus from revising and updating the Notification Regulating the Dual-Use Items, dated 16 October 2015, previously issued under the existing Export and Import of Goods, Act B.E. 2522 (1979) to the enactment of the new Trade Control on Weapons of Mass Destruction Related Items Act (“WMD Act“). On 30 April 2019, the WMD Act was enacted and announced in the Royal Gazette, and its main provisions will become effective on 1 January 2020.Read more…
The Thai cabinet recently approved a new regulation proposed by the Ministry of Commerce to control the export of dual-use goods in accordance with United Nations Security Council requirements, and to protect Thai exports.
Thailand’s development on export regulation regarding dual-use goods has been ongoing since 2008. A Working Group on Preparing an Export Control System of Dual Use Goods has been established on 13 March 2008. In July 2010, the Cabinet approved the establishment of a management system in import/export of Dual Use Goods. In September 2010, the Dual Use Goods Export Management Committee was established to prescribe policies on export, transit, transshipment and re-export of dual-use goods; and to prescribe a list of dual-use goods and export license procedures.
However, the progress has been slow. Only in March 2015, the Ministry of Commerce (“MOC”) proposed to the Cabinet to set up a Sub-Committee regarding management of dual-use goods to prescribe policies, measures and to supervise other relevant agencies.
Subsequently, on 2 June 2015, the Cabinet approved in principle a draft MOC notification regulating the dual-use goods (“Notification”). The main contents of the said draft Notification are as follows:
• Goods falling under a list attached to the Notification or goods which are believed or suspected that their end uses or their end users will be relating to weapons of mass destruction must obtain approval from MOC before being exported out of Thailand
• Goods falling under a second list attached to the Notification e.g. natural graphite, uranium/thorium ore or concentrate, oil, petroleum gas, hydrogen gas, are subject to certain export measures such as:
o The exporter must register itself with Department of International Trade according to subsequent rules and regulations.
o The exporter must certify before Department of International Trade that the said exported goods are not dual use goods according to subsequent rules and regulations.
The draft Notification will subsequently be forwarded to the Council of State and then National Legislative Assembly for consideration. It is hoped that the Notification will be finalized and entered into force by 2015. It is likely that the list of dual-use goods under the Notification will be based on EU’s list (i.e. Annex I to Regulation 428/2009).
Regardless of the pace of the development, please note that some dual-use goods are already subject to export regulation under current Thai laws and the Notification is likely not to cover such goods. For example:
• Control of the Exportation of Arms, Armament and War Implements Act B.E. 2495 (1952): Weapons, explosive, ammunitions and tools and implements which may be used for combat or war
• Atomic Energy for Peace Act B.E. 2504 (1961): Uranium, Thorium, Plutonium and by-products
• Hazardous Substances Act B.E. 2535 (1992): hazardous chemical substances that may be used for developing chemical weapons e.g. triethanolamine
• Pathogens and Animal Toxins Act B.E. 2525 (1982): pathogens and animal toxins
You may refer to the article of Bangkok Post here.