A requester submits a request to a financial. Approval and Reporting System (ECARS)

Similar documents
Rules, Methods and Conditions (if any) in Making and Considering a Request

Rules, Methods and Conditions (if any) in Making and Considering a Request

Rules, Methods and Conditions (if any) in Making and Considering a Request

Topic. Role of Treasury Center (TC) Qualification for TC license Benefits of operating TC in Thailand Scope of TC TC application procedure Reporting

Investment Promotion for International Headquarters (IHQ) and International Trading Centers (ITC)

PROCEDURES FOR RECEIVING RIGHTS UNDER THE TREATY OF AMITY AND ECONOMIC RELATIONS BETWEEN THE UNITED STATES AND THAILAND

4. Scope of Application This Regulation shall be enforced with financial institutions according to this Regulation.

MEETING WITH PATTAYA CITY EXPATS CLUB - A GROUP SEESION FOR PERSONAL BANKING

Please refer to the Thai text for the official version

All commercial banks registered in Thailand All branches of foreign commercial banks

BOT Notification No ( ) Page 1 of May B.E To Managers All Finance Companies and Credit Foncier Companies

Warrant Information disclosure about the conversion rights

(Translation) Italian-Thai Development Public Company Limited

- Translation - Singha Estate Public Company Limited "S-W1" Thailand Securities Depository Company Limited "Holder(s) of S-W1"

RULES. on foreign exchange

-Translation- Warrant Holder(s) means Legal holder of Warrants to purchase ordinary shares of Thoresen Thai Agencies Public Company Limited No. 5.

Bank of China Bangkok Branch Great Wall International Credit Card User Guide

THAILAND COUNTRY SCHEDULE

Terms and Conditions Governing Rights And Obligations of the Warrant Issuer and The Warrant Holders representing Rights To Purchase Ordinary Share of

Clearing, Depository and Registry Rules

14 March This Policy Statement is applicable to all retail banks.

Part I. Information. regarding the Allocation of Newly Issued Shares

Notification of the Ministry of Finance Exchange Control

BHUMIBOL ADULYADEJ. REX., Given on the 4th day of April, B.E (1992) Being the 47th Year of the Present Reign

APPENDIX V: PURPOSE OF PAYMENT CODE (THB)

Notification of the Allocation of Warrants to purchase ordinary shares of KCE Electronics Public Company Limited No.2

Warrants Substitute means a substitution form of Warrants Certificates issued by Thailand Securities Depository Company Limited

MIZUHO BANK, LTD. TERMS AND CONDITIONS Bank s Service Charge and Fee BANGKOK BRANCH. 03 December Page 1 of 16

Translation Our Ref. No. CS-014/2559

LIFE INSURANCE ACT, B.E (1992) 1

No. SorNorSor. 01/2552 Re: Executing the Personal Guarantee Contract

Notification of the Bank of Thailand No. FPG. 13/2558 Re: Regulations on Permission for Commercial Banks to Engage in Market Derivatives

Translation. Please be informed accordingly.

A BUSINESS GUIDE TO THAILAND

Student Credit Card Standard European Consumer Credit Information

Words and statements stipulated in the Terms and Conditions of the Warrants shall have the meanings as follows:

Platinum Credit Card Standard European Consumer Credit Information

(TRANSLATION) Checklist Warrant-RO Right Offering of Warrant and Rights Issue of New Shares reserved for warrants conversion ( Reserved Shares )

1. General terms and conditions for payment transfer services

Classic Credit Card Standard European Consumer Credit Information

(- Translation -) Ref. No. BTS 2464/2013. March 12, 2013

Unit Trusts Additional Investments form (existing investors)

The Hongkong and Shanghai Banking Corporation Limited, Bangkok Branch. Annual financial statements and Audit Report of Certified Public Accountant

Information for temporary residents departing Australia

Withdrawal from the UBS vested benefits account for residential property for your own use

Mutual Fund Prospectus SCB Asian Emerging Markets THB Hedge (SCBAEMH)

Guide to. Personal Income Tax Return 2015 (ภ.ง.ด.90) For taxpayers who received income not only from employment

-Translation- May 29, Subject: News Alert on the Notification of Intention to Exercise the Warrants BANPU-W3 (Last Exercise) until June 2, 2017

1 The descriptions of the Warrants are as follows: : SPCG Public Company Limited. Warrant Issuer

(Translation) Ref. TBK 14/0413 October 1, : Rights of shareholders to propose AGM agenda and to nominate director candidates

Conducting Equity Release Business

Limited Company Information Form

Notification of Thailand Clearing House Co., Ltd. Re: Service Hours of TCH

This Notification shall apply to all commercial banks established in accordance with laws governing financial institutions businesses.

Company Establishment. 1. Forming a Company. Procedures for Establishing a Company. 1. Procedures for Establishing a Company. 1.1 Company Registration

Checklist Warrant-RO. Right Offering of Warrant and. Rights Issue of New Shares reserved for warrants conversion ( Reserved Shares )

Financial Statements. Financial Statements 167

The Hongkong and Shanghai Banking Corporation Limited, Bangkok Branch

Effective Tax Risk Management in Managing Construction Contracts & Projects

Information Memorandum

EQUITY LOAN - REPAYING YOUR SHARED EQUITY LOAN

FOREIGN EXCHANGE ACT CHAPTER I. Basic Provisions. Subject Matter of the Act. Article 1. Residents and Non-Residents. Article 2

Notification of Thailand Clearing House Co., Ltd.

5.1.1 Accepting deposits of money by issuing passbook or deposit. receipt

Trust Information Form

AMLO Guideline on Customer Due Diligence

Customer Service (local network charge/mobile call charge)

No. 1/2013. Invitation Letter to Unitholder s Meeting of

Contents. Choosing the account that is right for you. Savings accounts. Fixed deposits. Current accounts/cheque. Foreign currency.

Personal Information Individual Juristic Person Name-Surname / Company Name (Thai) (English) Nationality

have concluded this agreement (hereinafter the Credit agreement): CREDIT LINE AGREEMENT No. [ ], dated [ ] [ ] Representations of the Client

Guideline for compliance with the law on anti-money laundering and AML/CFT international standard by the Banks

Guidelines May Banking & Finance Kyiv. General provisions on lending. Parties to the loan agreement. Applicable law and jurisdiction

Articles of Association BANGKOK AVIATION FUEL SERVICES PUBLIC COMPANY LIMITED. Chapter 1 : General Provisions

Application For Opening Derivatives Trading Account

Regulations of the Stock Exchange of Thailand. Re: Listing, Disclosure of Information and Delisting of Investment Trust Units B.E.

GSteel. G Steel Public Company Limited

J.P. Morgan ISA and J.P. Morgan Investment Account

Sole Trader Information Form

(Signed) (Signature) director (Mr. Pongsak Lothongkam)

What are you investing in? Who is this fund suitable for? Points to consider. Portfolio breakdown. Fund performance.

(Translation) No. CSO 058/2010. October 28, 2010

FAQs for MOE Tuition Fee Loan (TFL) - Full-Time Undergraduate Students

INDIVIDUAL DOCUMENTARY CREDIT INSURANCE POLICY

Partnership Information Form

Tender Offer Acceptance Procedures of the Ordinary Shares of CS Loxinfo Public Company Limited ( CSL ) CSL s shareholders

Official language is Thai language ROYAL DECREE

THE MINISTRY OF FINANCE

2011 Annual Basel II Pillar 3 Information Disclosure Bank of China Limited, Bangkok Branch as of Dec 31, 2011

Guide to. Personal Income Tax Return Half Year 2016 (ภ.ง.ด.94) For taxpayers who received income under Section 40(5)-(8) of the Revenue Code

Child Care Plus - Frequently Asked Questions Guide

Transferee Information Form for Companies

The office of the Company and the factory are at 42/62, Moo 14, Bangkaew, Bangplee, Samutprakarn.

CROP LOAN GUARANTEE PROGRAM

6 th December Subject: Notice of the Extraordinary General Meeting of Shareholders No. 1/2018

BOT Notification No (6 June 2018)-check

Key Information Pack. Online ISA

THE STOCK EXCHANGE OF THAILAND AND ITS SUBSIDIARIES CONSOLIDATED AND SEPARATE FINANCIAL STATEMENTS 31 DECEMBER 2016

Industrial and Commercial Bank of China (Thai) Public Company Limited Deposit Interest Rate (Percentage per Annum) Effective from November 16, 2015

GENESIS-IRIS COLLATERAL LOAN FACILITY

Transcription:

PUBLIC HANDBOOK Service Consideration of Requests under the Exchange Control Act Responsible Unit Approval Team, Foreign Exchange Administration and Policy Department, Bank of Thailand (BOT) Scope of Service Location/Channel of Service Operating Hours A requester submits a request to a financial institution that he/she is using, anywhere Monday Friday (except financial institutions nationwide. The request shall then be sent to public holidays as announced by the BOT) the BOT through the Exchange Control during 8.30 15.00 hrs. Approval and Reporting System (ECARS) Rules, Methods and Conditions in Making a Request Definitions 1) Competent officer means a Competent Exchange Control Officer, Approval Team, Foreign Exchange Administration and Policy Department, BOT. 2) Financial institution means an approved juristic person in accordance with the Exchange Control Act, namely all commercial banks, Export-Import Bank of Thailand, Islamic Bank of Thailand, Government Savings Bank, Small and Medium Enterprise Development Bank of Thailand and Bank of Agriculture and Agricultural Cooperatives. 3) Requester means a requester in accordance with the Exchange Control Act. Rules, procedures and conditions in making a request 1) A requester downloads a standard request under the Exchange Control Act (request) from the website www.bot.or.th/financial Markets/Foreign Exchange Regulations/Report Form/1. Standard Request under the Exchange Control Act, selects a request, fills in details and attach required documents in the order which appears in the concerned standard request. If the requester wishes to use his/her own letter of request, he/she must include information and documents with details that match those indicated in the BOT s standard request. 2) The requester submits a request through a financial institution so that information and documents can be preliminarily verified. The financial institution can also give advice on how to fill out information and attach documents required in considering the request to ensure its completeness (in accordance with the Notification of the Ministry of Finance on Directions of the Minister to Authorized Agents, dated 31 March B.E. 2547 (2004) and amendments thereafter) Then, the financial institution shall send the request to the BOT via the Exchange Control

Rules, Methods and Conditions in Making a Request Approval and Reporting System (ECARS). 3) The process will begin on the day the request is received i.e. when it is sent from the financial institution to the BOT via ECARS. 4) The Competent Officer shall accept requests on Monday Friday during 8.30 15.00 hrs. In case a request is sent outside these hours, it shall be deemed that the request is received on the next business day. 6) The requester must fill out information and attach documents required by the BOT in approving the request, ensuring that details are complete and consistent. In case any reference is made, the referred document must also be included to help substantiate the information used in considering the request, otherwise such information may not carry enough weight to be used. 7) If the information and documents are in languages other than Thai or English, a translation into Thai or English must be provided and signed by the authorized signatory or the authorized person of the requester. 8) All pages of every document must be certified by signature of the authorized signatory or the authorized person of the requester. For example, in case of a juristic person in Thailand, the authorized signatory must be the same person as the one indicated in item 3 in the certification of registered capital, most recently issued by the Ministry of Commerce. It must also be stamped with a corporate seal (in case of juristic person) (if any). 9) The requester must indicate the first and last name of a contact person, including his/her telephone number, fax number and email address, in the standard request under the Exchange Control Act. This is to confirm that the said contact person is the person that the requester assigns to coordinate with the requester e.g. for the BOT to contact in informing that the request is complete or to seek clarification. In case the BOT has any additional queries, it may ask the requester to provide explanation or clarification in-person to support the request. 10) Upon receiving the request, the Competent Officer shall preliminarily verify information and documents to ensure completeness. If it is deemed that certain information is missing, the Competent Officer shall prepare a memo on incomplete information or a request for revision and additional information (request revision form) and proceed as follows. 10.1) In case the request was submitted via a financial institution, the Competent Officer shall send the request revision form to the requester s financial institution via ECARS. The financial institution has the duty to notify the requester to revise and/or submit additional documents to ensure request completeness within the timeframe stipulated in the request revision form. If the timeframe is lapsed, the BOT shall reject the request.

Rules, Methods and Conditions in Making a Request 11) The Competent Officer shall consider complete requests on a fist come-first served basis. The Competent Officer shall neither begin considering the request nor consider the process started until the requester correctly and completely revises the request and/or submits additional documents in accordance with the request revision form. 12) After the requester correctly and completely submits documents to the BOT, should the Competent Officer find that the information and documents are inconsistent or the information is not substantiated, the Competent Officer may ask the requester to provide additional clarification in-person. 13) In case the requester cannot provide clarification, the Competent Officer may reject the request. If the requester still wishes to make a request, a new request must be submitted after he/she is able to correctly and completely provide clarification or submit additional documents as required by the Competent Officer. 14) Upon finalizing the consideration, the Competent Officer shall notify the requester of the results within 7 business days. If the request was submitted through a financial institution, the financial institution shall send an officer to collect the letter of notification. Procedures and Service Time Procedure Type 1. verification Details Upon receiving the request, the Competent Officer shall verify information and documents to ensure completeness. If it is deemed that certain information is missing, the Competent Officer shall prepare a request for revision and additional information (request revision form) for the requester to correctly and completely revise and/or submit additional documents within the timeframe stipulated in the request revision form. If the timeframe is lapsed, the BOT shall reject the request. Service Time Time Unit Responsible Unit 1 Day Foreign Exchange Administration and Policy Department

2. Approval consideration 3. Approval consideration After the requester correctly and completely revises the request, provides clarification or submits additional documents, should the Competent Officer find that the information and documents are inconsistent or the information is not substantiated, the Competent Officer may ask the requester to provide additional clarification about such inconsistency in-person to support request consideration. The Competent Officer shall neither begin considering the request nor consider the process started until the requester correctly and completely revises the request, clarifies facts and/or submits additional documents in accordance with the request revision form. The Competent Officer shall consider complete requests on a fist comefirst served basis by submitting them to be signed by the authorized signatory through the Department s line of authority. The results shall then be notified to the requester. 14 Days Foreign Exchange Administration and Policy Department 15 Days Foreign Exchange Administration and Policy Department Service Time The Competent Officer shall finalize request consideration within 30 days, counting from the day that all information and documents are received, where the contents of such must be correct, complete and consistent. s to be Attached The requester must fill out information and attach documents as required by the BOT (see attachment) as follows.

(1) To be used in considering requests, all information and documents must be complete and consistent. In case any reference is made by the requester, the referred document must also be included to help substantiate the information used in considering the request, otherwise such information may not carry enough weight to be used. 2) If the information and documents are in languages other than Thai or English, a translation into Thai or English must be provided and signed by the authorized signatory or the authorized person of the requester. 3) All pages of every document must be certified by signature of the authorized signatory or the authorized person of the requester. For example, in case of a juristic person in Thailand, the authorized signatory must be the same person as the one indicated in item 3 in the certification of registered capital, most recently issued by the Ministry of Commerce. It must also be stamped with a corporate seal (in case of juristic person) (if any). Fee None Complaint Handling In case service is not in accordance with the terms of reference indicated above, complaint can be filed with the followings. (1) Team Executive, Approval Team, Tel. 0 2283 5122 or (2) Division Executive, Foreign Exchange Analysis Division, Tel. 0 2283 5171 (3) Foreign Exchange Administration and Policy Department, Bank of Thailand (Headquarters), 273 Samsen Road, Watsamphraya, Phra Nakhon District, Bangkok 10200, Tel 0 2283 5325 (4) Public Service Centre, Office of the Permanent Secretary, the Prime Minister s Office (Remark: (No. 1 Pissanulok Rd., Dusit, Bangkok 10300 / Hotline 1111 / www.1111.go.th / PO Box 1111 No. 1 Pissanulok Rd., Dusit, Bangkok 10300)

Request Type 1. Foreign Currency Deposit (FCD) Account at a Local Institution 2. Foreign Currency Deposit (FCD) Account at a Foreign Institution 3. Foreign Exchange (FX) Hedging Contract Request Types and Topics Topics 1.1 Foreign Exchange (FX) between Thai Persons Attachment 2.1 Non-repatriated Income for the Purpose of Settling Other Obligations/or to be Accumulated for Future Repatriation 2.2 Transferring Funds Out of Thailand for Future Payment Obligation 3.1 FX Hedging with Financial Institution in Thailand for Oneself (No Underlying Transaction under the Exchange Control Act) 3.2 FX Hedging with Financial Institution in Thailand Based on Over 1-Year Forecast 3.3 FX Hedging with Financial Institution in Thailand on Behalf of Group Companies 3.4 FX Hedging with Financial Institution in Thailand on FX-linked Obligation (Purchase/Sale of Goods/Services between Thai Persons with FX Pricing and Baht Equivalence Payment) 3.5 Cross Currency Swap (CCS) with Financial Institution in Thailand to Convert Baht Denominated Debt into FX 3.6 Foreign Exchange (FX) Hedging with Foreign Counterparty 4. Commodity Hedging 4.1 Commodity Hedging with Foreign Counterparty 5. Other Derivative Contracts 5.1 Receiving/Paying a Net Amount of Derivative Contracts (e.g. IRS) in Foreign Exchange (FX) 6. Investment 6.1 Thai Direct Investment (<10%) 7. Loan 7.1 Loan to a Foreign Borrower (Non-group Company) in an Amount over the Legal Limit 8. Loan Repayment to Foreign Lender 8.1 Loan Repayment to Foreign Lender (No Evidence of Loan Inflow as Required by Law) 8.2 Loan Repayment to Foreign Lender (No Loan Inflow as Funds were used to Purchase Goods/Services from Foreigner Seller) 8.3 Loan Repayment to Foreign Lender (No Loan Inflow as Loan was Converted from Debt Obligation for Payment for

9. Payment for Goods and Services Goods/Services) 8.4 Loan Repayment to Foreign Lender (No Loan Inflow under Conditions other than 8.2 and 8.3) 9.1 Payment for Goods and Services by Multi-party Netting 9.2 Gross Payment for Goods and Services through a Settlement Centre 9.3 Export Receipt (Period Exceeding 360 Days) 9.4 Payment for Non-Imported Goods (Only Items not Approved by Law) 10. Others (Thai Person) 10.1 Loan Guarantee Payment for Business Operating Abroad 10.2 Outward Funds Transfer in an Amount over the Legal Limit (e.g. Transfer of Funds Belonging to a Thai Person with Permanent Residency Abroad, Transfer of Inheritance to an Inheritor with Permanent Residency Abroad, Transfer of Funds to Family or Relatives with Permanent Residency Abroad, Transfer of Funds for Foreign Property Purchase or Donation, over the Legal Limit) 11. Others (Foreign 11.1 Transfer of Inheritance belonging to a Foreign Person Person) 12. Others 12.1 Cases other than 1 11 Acronyms: FX Foreign Exchange FCD Foreign Currency Deposit Account

Attachment and s* Required in Considering a Request under the Exchange Control Act *Remarks (1) To be used in considering requests, all information and documents must be complete and consistent. In case any reference is made by the requester, the referred document must also be included to help substantiate the information used in considering the request, otherwise such information may not carry enough weight to be used. (2) If the information and documents are in languages other than Thai or English, a translation into Thai or English must be provided and signed by the authorized signatory or the authorized person of the requester. (3) All pages of every document must be certified by signature of the authorized signatory or the authorized person of the requester. For example, in case of a juristic person in Thailand, the authorized signatory must be the same person as the one indicated in item 3 in the certification of registered capital, most recently issued by the Ministry of Commerce. It must also be stamped with a corporate seal (in case of juristic person) (if any). and s that are Common across Requests Request topic Standard Request under the Exchange Request amount Control Act (download from Transaction period www.bot.or.th, selecting a relevant Rationale request) with all information provided as indicated Main sources of income and expenditure of the concerned business Copy of identification document e.g. certificate of incorporation issued by the Number and date of former request (for Ministry of Commerce/national ID request extension) card/passport (as the case may be) Amount used under former request (for request extension) Number and date of related requests (if any)

Additional and s that Differ across Request 1. Foreign Currency Deposit (FCD) Account at a Local Institution 1.1 Foreign Exchange (FX) between Thai Persons Sources of FX for payment (if source of FX is FCD, please indicate whether the account is at a local bank, if so, which account) Explain what the Thai FX receiver intends to use the FX for e.g. payment for a foreign obligation (for P2P lending) Please explain whether the borrower will repay in FX, if so, from what sources Copy of document showing obligation between Thai persons e.g. an agreement for purchase/sale of goods or services to be settled by FX or a loan agreement with details statement (for juristic person) 2. Foreign Currency Deposit (FCD) Account at a Foreign Institution 2.1 Non-repatriated Income for the Purpose of Settling Other Obligations/or to be Accumulated for Future Repatriation Amount to be deposited per year Name of foreign account holder Maximum outstanding account balance at end of day Sources of FX to be deposited (from which sources of income) Uses of FX in the account (purposes of FX withdrawal and types of payment) Actual value of payment obligation in the previous year (if any) Where the request amount exceeds the actual value of payment obligation in the previous year, please provide a rationale Copy of document showing outstanding obligation e.g. a loan agreement (please highlight a creditor s order or relevant texts) statement (for juristic person) 2.2 Transferring Funds Out of Thailand for Future Payment Obligation Transferred amount to be deposited per year Copy of document showing outstanding obligation e.g. a loan agreement (please

Name of foreign account holder highlight a creditor s order or relevant Maximum outstanding account balance at texts) end of day Method of funds transfer e.g. FX purchase, statement (for juristic person) withdrawal from FCD or depositing baht into non-resident baht account (please explain) Uses of FX in the account (purposes of FX withdrawal and types of payment) Actual value of payment obligation in the previous year (if any) Where the request amount exceeds the actual value of payment obligation in the previous year, please provide a rationale 3. Foreign Exchange (FX) Hedging Contract 3.1 FX Hedging with Financial Institution in Thailand for Oneself (No Underlying Transaction under the Exchange Control Act) Describe your hedging policy Amount of transaction per year Describe nature of hedging transaction e.g. FX purchase or sale, transaction type (forward, swap etc.), currency, amount, contract date, contract duration, name of counterparty, settlement method (gross or net) Nature of underlying transaction/or sources of risk Actual value of underlying transaction in the previous year Where the request amount exceeds the actual value of underlying transaction in the previous year, please provide a rationale Copy of hedging policy document statement (for juristic person)

Explain whether the transaction is immediate in full or gradual and how = Explain the unwinding process in details (if any) 3.2 FX Hedging with Financial Institution in Thailand Based on Over 1-Year Forecast Describe your hedging policy Copy of hedging policy document which Amount of transaction per year requires hedging based on over 1-year Describe nature of hedging transaction e.g. forecast FX purchase or sale, transaction type (forward, swap etc.), currency, amount, statement (for juristic person) contract date, contract duration, name of counterparty, settlement method (gross or net) Nature of underlying transaction/or sources of risk Actual value of underlying transaction in the previous year Where the request amount exceeds the actual value of underlying transaction in the previous year, please provide a rationale Explain whether the transaction is immediate in full or gradual and how 3.3 FX Hedging with Financial Institution in Thailand on Behalf of Group Companies List of group companies Power of attorney from group companies Describe the relationship between the (for first time request) requester and group companies e.g. any Copy of list of shareholders (BorOrJor 5) of cross shareholding and how the requester and group companies (for Amount of transaction per year (does this first time request) include the amount of the requester s company? How?) statement of the requester and group Describe nature of hedging transaction e.g. companies FX purchase or sale, transaction type

(forward, swap etc.), currency, amount, contract date, contract duration, name of counterparty, settlement method (gross or net) At settlement date, which company will make payment and how Nature of underlying transaction/or sources of risk Actual value of underlying transaction in the previous year Where the request amount exceeds the actual value of underlying transaction in the previous year, please provide a rationale Explain whether the transaction is immediate in full or gradual and how 3.4 FX Hedging with Financial Institution in Thailand on FX-linked Obligation (Purchase/Sale of Goods/Services between Thai Describe nature of hedging transaction e.g. Copy of agreement for purchase/sale of FX purchase or sale, transaction type goods/services with FX pricing and baht (forward, swap etc.), currency, amount, equivalence payment (please highlight contract date, contract duration, name of relevant texts) counterparty, settlement method (gross or net) Nature of underlying transaction/or sources of risk Actual value of underlying transaction in the previous year Where the request amount exceeds the actual value of underlying transaction in the previous year, please provide a rationale Explain whether the transaction is

immediate in full or gradual and how = Explain the unwinding process in details (if any) 3.5 Cross Currency Swap (CCS) with Financial Institution in Thailand to Convert Baht Denominated Debt into FX Describe nature of baht denominated debt e.g. amount, repayment period, interest rate Describe nature of CCS transaction e.g. currency, amount, contract date, contract duration, name of counterparty, settlement method and date, any initial exchange Where there is an initial exchange, please explain the purpose FX payment and indicate payment date Sources of FX for payment of final CCS transaction Explain whether the transaction is immediate in full or gradual and how Explain the unwinding process in details (if any) 3.6 Foreign Exchange (FX) Hedging with Foreign Counterparty Describe your hedging policy Describe nature of hedging transaction e.g. FX purchase or sale, transaction type (forward, swap etc.), currency, amount, contract date, contract duration, name of counterparty, settlement method (gross or net) Nature of underlying transaction/or sources of risk Actual value of underlying transaction in Copy of baht denominated debt e.g. baht denominated loan agreement Copy of CCS contract or term sheet (draft is acceptable) Copy of hedging policy document which requires hedging with a foreign counterparty Copy of relevant derivative contract (draft is acceptable) statement (for juristic person)

the previous year Where the request amount exceeds the actual value of underlying transaction in the previous year, please provide a rationale Explain whether the transaction is immediate in full or gradual and how Can the foreign counterparty engage in fully-hedged, back-to-back transaction with a financial institution in Thailand? Please explain 4. Commodity Hedging 4.1 Commodity Hedging with Foreign Counterparty Describe nature of hedging transaction e.g. purchase or sale, currency, amount, contract date, contract duration, name of counterparty, settlement method Nature of underlying transaction/or sources of risk Actual value of underlying transaction in the previous year Where the request amount exceeds the actual value of underlying transaction in the previous year, please provide a rationale Copy of relevant derivative contract statement (for juristic person) 5. Other Derivative Contracts 5.1 Receiving/Paying a Net Amount of Derivative Contracts (e.g. IRS) in Foreign Exchange (FX) Describe nature of hedging transaction e.g. types of swapped interest rates, currency, amount, contract date, contract duration, name of counterparty Where the requester is paying for the net Copy of relevant derivative contract Copy of document showing loan details e.g. loan agreement statement (for juristic person)

amount, indicate sources of FX (e.g. FX purchase with baht or existing FX deposited in FCD. In case of FCD, is it the type where income is from overseas sources? How?) Where the requester is receiving the net amount, explain if FX will be deposited into an account with a financial institution in Thailand and how 6. Investment 6.1 Thai Direct Investment (<10%) Name of investment receiving business and country of location Total number of shares to be bought Is the share value higher or lower than the book value or market price? Please explain Describe the nature of investment receiving business (if the nature of business is not direct trading of goods/services, please explain the destination of funds Describe any business relationship with a business in Thailand Proportion of shares held in investment receiving business before and after this investment Total amount of investment in investment receiving business since the beginning of year (excluding this investment) Method of funds transfer e.g. FX purchase, withdrawal from FCD account or baht transfer to the receiver s non-resident baht account (please explain) Explain whether the transfer is immediate Copy of certification of incorporation of investment receiving business Copy of document showing total registered capital of investment receiving business Copy of list of shareholders of investment receiving business (if any) Copy of list of shareholders of investing business (for juristic person) Copy of investing business shareholders meeting resolution which approves this investment (for juristic person) statement of investing business (for juristic person) Copy of joint investment agreement or shares trading agreement (if any)

in full or gradual and indicate transfer date(s) 7. Loan 7.1 Loan to a Foreign Borrower (Non-group Company) in an Amount over the Legal Limit Name of borrower s business and country of location Describe the nature of borrower s business (if the nature of business is not direct trading of goods/services, please explain the destination of funds Proportion of shares held in borrower s business Method of funds transfer e.g. FX purchase, withdrawal from FCD or baht transfer to the receiver s non-resident baht account (please explain) Explain whether the transfer is immediate in full or gradual and indicate transfer date(s) Total amount of loans to this business since the beginning of year Copy of registration document of borrower Copy of document showing total registered capital of borrower Copy of document showing proportion of cross shareholdings between the requester and the borrower s business e.g. shareholding structure Copy of document showing loan details e.g. loan agreement statement of lender (for juristic person) 8. Loan Repayment to Foreign Lender 8.1 Loan Repayment to Foreign Lender (No Evidence of Loan Inflow as Required by Law) Explain why there is no evidence of loan inflow Amount of disbursed loan, amount of loan repaid and current outstanding principal Method of funds transfer e.g. FX purchase, withdrawal from FCD or baht transfer to the receiver s non-resident baht account (please explain) Copy of document showing loan details e.g. loan agreement Copy of document implying loan inflow e.g. bank statement or evidence from a foreign bank showing the transfer from lender to borrower Copy of audited financial statement in the year the loan was made

statement 8.2 Loan Repayment to Foreign Lender (No Loan Inflow as Funds were used to Purchase Goods/Services from Foreigner Seller) Describe how the loan was used and Copy of document showing loan details whether all goods/services were imported e.g. loan agreement into the country. How? Copy of document showing payment Amount of disbursed loan, amount of loan obligation for goods/services e.g. invoice repaid and current outstanding principal and import declaration Method of funds transfer e.g. FX purchase, Copy of document showing import of any withdrawal from FCD or baht transfer to concerned asset e.g. import declaration the receiver s non-resident baht account issued by Customs Department (please explain) Copy of document showing loan disbursement (if any) Copy of document showing funds transfer from lender for payment of the said obligation e.g. lender s transfer order, receipt from seller of assets Copy of audited financial statement in the year the loan was made statement 8.3 Loan Repayment to Foreign Lender (No Loan Inflow as Loan was Converted from Debt Obligation for Payment for Goods/Services) Describe how the loan was used and whether all goods/services were imported into the country. How? Amount of disbursed loan, amount of loan repaid and current outstanding principal Method of funds transfer e.g. FX purchase, withdrawal from FCD or baht transfer to Copy of document showing loan details e.g. loan agreement Copy of document showing payment obligation for goods/services e.g. invoice and import declaration Copy of document showing import of any concerned asset e.g. import declaration

the receiver s non-resident baht account issued by Customs Department (please explain) Copy of audited financial statement in the year the loan was made statement 8.4 Loan Repayment to Foreign Lender (No Loan Inflow under Conditions other than 8.2 and 8.3) Describe how the loan was used e.g. Copy of document showing loan details purpose and amount. Were purchased e.g. loan agreement assets imported into the country, if yes, Copy of document showing payment how? Describe the benefits from the loan obligation Amount of disbursed loan, amount of loan Copy of document showing loan repaid and current outstanding principal disbursement (if any) For loan resulting from asset purchase, Copy of document showing funds transfer indicate the name and country of the from lender for payment of the said seller obligation e.g. lender s transfer order, Describe any relationship with the seller receipt from seller of assets (if any) Indicate asset value according to its book Copy of audited financial statement in the value and market price at the time of year the loan was made purchase Method of funds transfer e.g. FX purchase, statement withdrawal from FCD or baht transfer to Shareholding structure in case the the receiver s non-resident baht account transaction is with a related business, along (please explain) with list of shareholders (BorOrJor 5) of each business showing that purchase price was reasonable (in case purchase price is higher than market price) List of shareholders of the asset buyer (BorOrJor 5) issued by the Ministry of Commerce

9. Payment for Goods and Services 9.1 Payment for Goods and Services by Multi-party Netting Type of goods and services for multi-party Copy of document showing agreement for netting multi-party netting of payment for goods Name of foreign multi-party/multilateral and services e.g. group payment policy netting centre and country of location issued by parent company Currency of payment/receipt as a result of multi-party netting (please indicate) 9.2 Gross Payment for Goods and Services through a Settlement Centre Type of goods and services concerned Name of settlement centre 9.3 Export Receipt (Period Exceeding 360 Days) Type of goods concerned Value of export goods Name and country of buyer Receipt period Copy of document showing agreement for payment e.g. group payment policy issued by parent company Copy of purchase/sale agreement, showing a condition for payment that exceeds 360 days Copies of invoice, export declaration and bill of lading, along with a summary (in case of multiple items) 9.4 Payment for Non-Imported Goods (Only Items not Approved by Law) Explain reasons for not importing the goods Currency and date of payment Type of goods concerned Name and country of seller Reasons for not importing the goods 10. Others (Thai Person) 10.1 Loan Guarantee Payment for Business Operating Abroad Describe any relationship between the guarantor and the guaranteed Copy of purchase/sale agreement Copy of invoice Copy of document relating to the purchase of non-imported goods Copy of guarantee agreement (please highlight relevant texts)

Describe benefits of the guarantee Describe the nature of guarantee e.g. amount and related conditions (please highlight relevant texts) Copy of document showing relevant loan details Copy of document showing relationship/cross shareholding between the guarantor and the guaranteed (in case a relationship exists) statement (for juristic person) 10.2 Outward Funds Transfer in an Amount over the Legal Limit (e.g. Transfer of Funds Belonging to a Thai Person with Permanent Residency Abroad, Transfer of Inheritance to an Inheritor with Permanent Residency Abroad, Transfer of Funds to Family or Relatives with Permanent Residency Abroad, Transfer of Funds for Foreign Property Purchase or Donation, over the Legal Limit) Details of obligation for which the transfer is for Method of funds transfer e.g. FX purchase, withdrawal from FCD or baht transfer to the receiver s non-resident baht account (please explain) Total amount of funds transfer for this purpose since the beginning of year 11. Others (Foreign Person) 11.1 Transfer of Inheritance belonging to a Foreign Person Sources of inheritance e.g. bank deposit account. Please indicate account number and outstanding balance 12. Others 12.1 Cases other than 1 11 Copy of any document showing the obligation or any related document statement (for juristic person) Copy of court order which assigns the requester as inheritance administrator Copy of death certificate of a foreign person Copy of any document showing that the funds to be transferred belong to the transferor/receiver e.g. bank account

Total amount of funds transfer for this purpose since the beginning of year Details of obligation for which the transfer is for Method of funds transfer e.g. FX purchase, withdrawal from FCD or baht transfer to the receiver s non-resident baht account (please explain) to support rationale Acronyms: FX Foreign Exchange FCD Foreign Currency Deposit Account Copy of any document showing the obligation or any related document statement (for juristic person) Copy of list of shareholders (BorOrJor 5) of the requesting person and group companies (for first time request)