Acts under (Company Act, publishing, (Economic administration of the Banking Act, airlines and Expansion Economic Monetary shipping Incentives Development Authority of Act) Relief from (the Control of Board Income Tax Manufacturer Act, Act, Income and the National Tax Act Security Act, the Banking Act) in restricted Generally banking and local content Tax and sectors or if less foreigners are not finance, insurance, requirements in Incentives Investment than 80% of allow to own land certain public motor vehicles, Promotion Act (Investment output exported utilities and pasteurised and B.E. 2520 unless promoted military goods, skimmed milk, Promotion Act, (1977)amended by (permission of the by the Board of 1977, 1997, agriculture, and various other the Investment Board of Investment animal husbandry, manufacturing Promotion Act investment BOI fishery industries, announcement, (No. 2) B.E. 2534 Promotion, domestic sales and permission of the (the Alien export (1997), the (Land Code, the BOI Ministry of Business Law, requirements in Condominium Guidelines: Business Law of Commerce, Civil 1972, Commercial certain sectors 1972 Act, the Criteria for and Commercial Banking Act, Investment granting Tax Code, Investment 1962, Act on the (the Factory Promotion Act, and Duty Promotion Act Undertaking of Act(B.E. 2535), Petroleum Act of Privileges for Finance Business, The Investment 197, and the promoted Securities Promotion Act Industrial Estate Projects, 1993, Business and (B.E. 2520) Authority of Act) Revenue Code) Credit Foncier Business, 1979 and the Securities and Exchange Act, 1992, Life Insurance Act, 1992 and the Casualty Insurance Act, 1992, Thai vessel Act, 1971 Source: Compiled by the author from national legislation. Table 3 An Example of the Bilateral Investment Agreement Model Contracting Scope of application Admission Expropriation Disputes Other and Parties and and settlement main Compensation date of Investor Investment Treatment points agreement The and Nationals and Investment Admission Expropriation Dispute (1) MFN and Legal persons every kind of National settlement and legally investment in treatment Pre-entry Compensation constituted the territory of will not under one party extend to the and applicable laws owned or other party (1) initially and regulations controlled because the Post-entry seek solution of a party directly or other party
Acts under administration of Economic Development Board (Company Act, the Banking Act, Monetary Authority of Act) publishing, airlines and shipping (the Control of Manufacturer Act, and the National Security Act, the Banking Act) (Economic Expansion Incentives Relief from Income Tax Act, Income Tax Act Investment Promotion Act B.E. 2520 (1977)amended by the Investment Promotion Act (No. 2) B.E. 2534 (1997), the Business Law of 1972 in restricted sectors or if less than 80% of output exported (permission of the Board of investment Promotion, permission of the Ministry of Commerce, Civil and Commercial Code, Investment Promotion Act Generally foreigners are not allow to own land unless promoted by the Board of Investment (Land Code, the Condominium Act, the Investment Promotion Act, Petroleum Act of 197, and the Industrial Estate Authority of Act) banking and finance, insurance, certain public utilities and military goods, agriculture, animal husbandry, fishery (the Alien Business Law, 1972, Commercial Banking Act, 1962, Act on the Undertaking of Finance Business, Securities Business and Credit Foncier Business, 1979 and the Securities and Exchange Act, 1992, Life Insurance Act, 1992 and the Casualty Insurance Act, 1992, Thai vessel Act, 1971 local content requirements in motor vehicles, pasteurised and skimmed milk, and various other manufacturing industries, domestic sales and export requirements in certain sectors (the Factory Act(B.E. 2535), The Investment Promotion Act (B.E. 2520) Tax and Incentives (Investment Promotion Act, 1977, 1997, BOI announcement, BOI Guidelines: Criteria for granting Tax and Duty Privileges for promoted Projects, 1993, Revenue Code) Source: Compiled by the author from national legislation. Table 3 An Example of the Bilateral Investment Agreement Model Contracting Parties and date of agreement Scope of application Admission and Treatment Expropriation and Compensation Disputes settlement Other main points Investor Investment The and Nationals and Legal persons legally constituted under applicable laws and regulations of a party Investment every kind of investment in the territory of one party owned or controlled directly or Admission Pre-entry and Post-entry Expropriation and Compensation Dispute settlement (1) initially seek solution (1) MFN and National treatment will not extend to the other party because the other party
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