21 November, 2017
The Ministry of Commerce Notification Regulating the Dual-Use Items (Notification) was issued on 16 October 2015 under the existing Export and Import of Goods Act B.E. 2522. There are 2 lists of goods under the Notification.
1. The first list is a list of goods that are considered dual-use items (DUI). This list is based on the EU Dual-Use Item List 2012, and uses EU DUI code. The goods falling under the EU DUI code will need an export license from Ministry of Commerce (MOC).
2. The second list is a list of goods that may be considered DUI. This list is based on the Harmonized System Codes (HS Codes). In case the goods fall under the second category, no export license is required. However, the exporter will need to make a self-certification to the MOC that their goods under the said HS Code are not DUI – before they can export them out of Thailand.
Initially, the Notification will come into force on 1 January 2018. However, so far there are no definite rules and regulations regarding steps, procedures and requirements for export license or self-certification. Moreover, it is still unclear whether the certification have to be done per shipment or can be done in bulks. There have been some discussions and proposals among the MOC that the bulk license or certification should be allowed if the exporter already has in place sufficient Internal Compliance Program (ICP) according to international standards. However, the current e-Trade Management of Dual-use Items (e-TMD system), which is being developed by the MOC as an online hub for granting export license and for self-certification by operators, is not yet completed and cannot be used to verify operators' ICP. Furthermore, the DUI list and HS Codes adopted by the Notification are already outdated since the EU Dual-Use Item List 2016 and HS Codes 2016 have already been in effect. Thus the lists of goods will need to be updated.
As a result, on 17 October 2017, the Cabinet has approved in principle to postpone the effective date of the Notification for one year from this coming 1 January 2018 to 1 January 2019. It is hoped that all of the outstanding items listed above would be resolved by the new postponed date.
It should also be noted that the MOC is currently shifting its focus to the draft Trade Control on Weapons of Mass Destruction Related Items Act (Draft Act), which is aimed to eventually replace the Notification. It is possible that draft Act may be announced and enter into force before the Notification will take effect – thus replacing the Notification even before it will come into force altogether. The draft Act is currently at a public hearing stage.
We will keep you updated with any other updates with regards to laws and regulations concerning DUI.
For further information, please contact:
Pornapa Thaicharoen Partner, Baker McKenzie
pornapa.thaicharoen@bakermckenzie.com
