Treaty of Amity and Work Permits

[ExpatAmerican20]

I am looking for advice on work permits and visas especially from other Americans,

I have heard varying opinions, even from attorneys, regarding work permits for U.S. Treaty of Amity businesses. Some say a business must have at least 4 Thai employees others say 7. Some say the owner or majority shareholder must pay himself a minimum of 60,000 baht. Some say there must be a minimum of 2 million baht paid up capital others say 2 million in registered capital. Some say that the work permit will be restricted in terms of geography, type and scope of work.

Article IV of the AER says in part,

(1.) Nationals and companies of either Party shall be accorded national treatment with respect to establishing, as well as acquiring interests in, enterprises of all types for engaging in commercial, industrial, financial and other business activities within the territories of the other Party.

(4.) Enterprises which are or may hereafter be established or acquired by nationals and companies of either Party within the territories of the other Party and which are owned or controlled by such nationals and companies, whether in the form of individual proprietorships, direct branches or companies constituted under the laws of such other Party, shall be permitted freely to conduct their activities therein upon terms no less favorable than like enterprises owned or controlled by nationals of such other Party or of any third country.

(5.) Nationals and companies of either Party shall enjoy the right to control and manage the enterprises which they have established or acquired within the territories of the other Party, and shall be permitted without discrimination to do all things normally found necessary and proper to the effective conduct of enterprises engaged in like activities.


I further understand that only an American may act as managing director of an AER treaty limited company and that any activity by the American with regards to the business is work under Thai law. It appears that if what I was told is true, the majority shareholder of an AER treaty company cannot operate his business unless he submits to the additional demands of the various ministries thus rendering the business unusable.

The U.S. and Thai Governments have addressed the issue of capitalization requirements with regard to the Ministry of Commerce. If what I am told is true it appears other Thai Ministries may be trying to institute an end run around the agreement to change the terms of the treaty. Does anyone here know the regulations for work permits and visas for AER treaty companies? Has anyone here had experience claiming AER benefit when applying for a visa and work permit and if so what was the outcome?

[Rex7777]

I've read somewhere that the Treaty of Amity is about to expire or be superceded? You mu=ight check into that before worry too much about it all.

rex

[ExpatAmerican20]

From what I was told, the U.S. has obtained an extension of the treaty benefits while the Thai-U.S. FTA is being negotiated. The new FTA being negotiated is supposed to incorporate and expand the treaty benefits. I know for certain new treaty businesses are still being registered. The treaty provides benefits to both Thai and American businessmen. I have a friend in the U.S. who is an immigration attorney. He advised me there are U.S. court decisions that uphold treaty rights as they apply to Thai citizens in the U.S. I am looking for information on how the Thai government actually treats Americans with treaty businesses who apply for work permits.

[urtheman]

I have found here on Phuket as an American you are not treated any differantly than a European in regards to obtaining a work permit. Your company needs 4 thai's working for it and also 2 mil capital. You first obtain a 90 day non immigrant B visa after your company supplies all the paperwork, I had to get three 90 day visas before the paperwork was processed for my workpermit. The permit lasts as long as your visa after that you are back to square one but from what I've heard the process moves quicker.

You might have a brighter lawyer that can make things move faster but this is my experience.
Also in land ownwership the treaty seems to not mean much however in owning a business you can own it outright vs 49/51 split with Thai but you might actually run into higher taxes and complications but going that route.

I have found it easier to start a Thai business.

When you move here you will be able to talk to other expats who can better inform you rather than on the internet, also check out thaivisa.com.

Cheers!

[stevem]

Also once you have that work permit, dont let it expire, like some other person on this board did!!!