11 January 2010

(Translation)
EXPORTAND IMPORT OF GOODS ACT,
B.E. 2522 (1979)
_________

BHUMIBOL ADULYADEJ, REX.
Given on the 30th Day of April B.E. 2522;
Being the 34th year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that;

Whereas it is expedient to revise the laws on the control of export and import of certain goods;

Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly as follows:

Section 1. This Act is called th "Export and Import of Goods Act, B.E. 2522".

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.

Section 3. The following shall be repealed:
(1) Act on Control of Export and Import of Certain Goods, B.E. 2482 (1939);
(2) Act on Control of Export and Import of Certain Goods, (No. 2), B.E. 2487 (1944);
(3) Act on Control of Export and Import of Certain Goods, (No. 3), B.E. 2490 (1947).

All the laws, rules and regulations in so far as they have been provided herein or are contrary to or inconsistent with the provisions of this Act shall be replaced by this Act.

Section 4. In this Act,

"export" means taking or sending goods out of the Kingdom;

"import" means bringing or sending goods into the Kingdom;

"competent official" means a government official appointed by the Minister for the execution of this Act;
"Minister" means the Minister having charge and control of the execution of this Act.

Section 5. In the case where it is necessary or appropriate for economic stability, public benefit, public health, national security, public orders or good morals, or other benefits of the State, the Minister of Commerce shall, with the approval of the Council of Ministers, have the power to issue Notifications in the Government Gazette on any of the following matters:

(1) specifying any goods to be prohibited for export or import;
(2) specifying any goods which require a licence prior to the export or import;
(3) specifying the categories, kinds, quality, standards, quantity, volume, size, weight, prices, trade names, sign, trade marks, origin for the goods to be exported or imported as well as the countries to or from which the goods are exported or imported;
(4) specifying the categories and kinds of goods liable to export or import surcharge;
(5) specifying the goods to be exported or imported to have a certificate of origin, certificate of quality or other certificates pursuant to international conventions or trade practices;
(6) specifying other matters for the benefit of laying down regulations on the export and import under this Act.
The provisions of paragraph one shall apply mutatis mutandis to any amendment or repeal of the Notifications under this section.

Section 6. The Minister of Commerce shall, with the approval of the Council of Ministers, have the power to prescribe the rates of surcharge including the power to revise, amend or repeal the rates of surcharges for exports or imports.

The surcharges may be prescribed to be payable in cash or other properties.

The collection and procedure for payment of surcharges shall be in accordance with the rules prescribed by the Minister of Commerce.

Section 7.After the notification specifying any goods which requires a licence for the export or import under section 5 (2) has been issued, no one shall export or import such goods unless a licence has been obtained from the Minister of Commerce or person entrusted by the Minister of Commerce.

The application for and the granting of licences shall be in accordance with the rules, procedures and conditions prescribed by the Ministerial Regulation.

Section 8. There shall be a committee called the "Foreign Trade Committee" or "FTC"in brief, consisting of the Permanent Secretary of Commerce as Chairman, Director-General of the Department of Internal Trade, Director-General of the Department of Commercial Relations, Comptroller- General of the Department of Comptroller-General, Director-General of the Customs Department, Director-General of the Department of Business Economics, Director-General of the Department of Agriculture, Director- General of the Department of Industrial Promotion, Secretary-General of the Board of Investment, Secretary-General of the Food and Drug Board and the Governor of the Bank of Thailand as members.

The Director-General of the Department of Foreign Trade shall be a member and secretary and FTC may appoint other person as assistant secretary.

The Department of Foreign Trade shall be responsible for the works of FTC.

Section 9. FTC shall have the following powers and duties:
(1) to lay down rules or regulations on the administration of FTC subject to an approval of the Minister of Commerce;
(2) to carry out studies, analyses and researches in connection with international trade and to propose projects, plans or measures on the improvement of international trade to the Minister;
(3) to recommend or advise the Minister in the execution of this Act.

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