Recently emerging trend of customs challenges and how to prepare for the challenges

Similar documents
Thailand and TPP 30 November 2012 Apiradi Tantraporn, Executive Chairperson The International Institute for Asia Pacific Studies (INSAPS), Bangkok

The Trans-Pacific Partnership Agreement And New Trade Agreements Will Change The World Of Trade

EU Trade Policy and CETA

Department of Foreign Affairs and Trade

Importing & Retailing in Taiwan

Thailand as the Gateway to ASEAN Bonggot Anuroj Executive Director, Investment Marketing Bureau Thailand Board of Investment

Current Issues with Customs in Vietnam. KPMG Vietnam Webinar 27 September :00 am (GMT+7) 11:00 am HKT 1:00 pm AEST

RCEP: PROGRESS, CHALLENGES & OUTLOOK

FREE TRADE AGREEMENTS ANALYSIS

Implementation of the New Customs Audit Regulations

CFRED The Trans Pacific Partnership Impact and Implications. Assessing the content from a business perspective

Harnessing Globalisation to Build a Better World for the Benefit of All. Yose Rizal Damuri Centre for Strategic and International Studies

SEA Customs and Trade Alert

Japan s New Trade Policy in Asia-Pacific

Current Status and Challenges. May 14, Shujiro URATA Waseda University

Beyond Bali: prospects for multi- and plurilateral trade negotiations. by György Csáki Szent István University, Gödöllő - HUNGARY

February 1, Press Club Brussels Europe

July 12, 2013 Hanoi,Vietnam

Taking ASEAN+1 FTAs towards the RCEP

Legal Review of FTA Tariff Negotiations

information about THE rules

NUMBER: November TPP11 and RCEP Compared

Questionnaire on a free trade agreement with the Philippines. Feedback from Industry stakeholders

Are you comfortable with your VAT/WHT Documentation?

INTERNATIONAL TAX PLANNING. Singapore Domestic Law And Treaties SHANKER IYER FCA

Update New laws & regulations

Trans-Pacific Partnership

AGREEMENT ESTABLISHING THE ASEAN-AUSTRALIA-NEW ZEALAND FREE TRADE AREA (AANZFTA) Making Use of AANZFTA to Export or Import Goods

TPP11 Agreement in Principle: Japan s Role in Mega-regional Trade Agreements

Japan s FTA Strategy. August 7, Shujiro URATA Waseda University

SFIA Legal Task Force Series: Updates on Changing International Trade Landscape Webinar

tariff global business nontariff barriers multinational corporation quota direct foreign investment trade barriers voluntary export restraints

29 July 2013, Jakarta 1

The Relative Significance of EPAs in Asia-Pacific

Shankaran Nambiar. Senior Research Fellow. Malaysian Institute of Economic Research. Malaysian Institute of Economic Research

ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) Ms Foo May Yan Manager (FTA Division) Trade Services and Policy Group 9 July 2010

Potential Effects of Regional Comprehensive Economic Partnership (RCEP) on the Philippine Economy*

Hot Tax and Investment Issues when Structuring Investment into Myanmar

The Relative Significance of EPAs in Asia-Pacific

BRIEFING ON The TRANS-PACIFIC PARTNERSHIP AGREEMENT (TPPA)

Compilation of Decisions/Understanding on the Implementation of the ACFTA

No Meeting Issues/Options Decision. Vientiane, Lao PDR. transition period. Reference number on the new form D

The North-Atlantic Free Trade Agreement and the Trans-Pacific Partnership: Side-by-Side Comparison. NAFTA Chapter 5: Customs Procedures

Regional Comprehensive Economic Partnership (RCEP): Progress and Challenges

Rubber Declared Delivery Procedure

Investment Policy Liberalization and Cooperation in ASEAN: Thailand s View

The problems occur when products arrive that haven t been tested in accredited labs so we have no idea about the validity of the test results that

World Economy: Prospects and Risks Masahiro Kawai Graduate School of Public Policy Univ. of Tokyo

Singapore: A Springboard for your ASEAN Investment. David Chao FDI Advisory UOB Hong Kong

Services Trade: Essential Fuel for U.S. and Global Economic Growth

Amendment to Determination of Service Business Exempted from Applying for FBL. Cash Payment for Stamp Duty for Company Registration Documents

Bonded Processes. Inbond Transportation/Bonded Warehouse/Foreign Trade Zone. Gateway International Foreign Trade Zone

Global Economic Management and Asia s Responsibility Masahiro Kawai Asian Development Bank Institute

Annual Report 2011 of Thailand Under the Kimberley Process Certificate Scheme (KPCS)

Reforming the IIA System: Investment Arbitration in Asia-Pacific and ASEAN

Customs Clearance & Tariffs

Cost-saving with Compliance and Efficiency: Customs Classification, Valuation and IPR Border Enforcement

Japan, the US and TPP-11: Where do we go from here?

Brexit Brief what should we do now

EXPORTS TO MEMBER COUNTRIES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS CERTIFICATION AND TRADE FACILITATION

FOREIGN TRADE ZONES U.S. Customs Procedures and Requirements WHAT IS A FOREIGN-TRADE ZONE?

Japan-ASEAN Comprehensive Economic Partnership

Why do we need RCEP? Lili Yan Ing. The Establishment of the AEC and RCEP: Challenges and Opportunities Taipei, 29 July 2015

TAXATION BAR EXAM QUESTIONS ON TARIFF & CUSTOMS CODE

Japan s Efforts to Encourage SMEs to Utilize EPAs

A TPP Agreement: An Opportunity for Kentucky. Trade & Investment with TPP Countries Is Good for Kentucky. Jobs Exports Investment 52%

Cambodia Tax Profile. Produced in conjunction with the KPMG Asia Pacific Tax Centre. Updated: June Cambodia (2015) (2)

Customs Alert. Vietnam Customs and Global Trade Alert - A fresh perspective Draft Circular amending and supplementing Circular No.

China / Australia Free Trade Agreement (ChAFTA) Maximising Opportunities. December 2014

RIETI Special Seminar. The New Landscape of World Trade with Mega-FTAs and Japan's Strategy. Handout. URATA Shujiro

India s Trade Policy and Global Trade Initiatives

The Next-Generation Interactive APEC Tariff Database

ISSUES ON TRADE IN GOODS

International tax challenges for Asia and the G20: Competition and coordination. Professor Miranda Stewart

Parallel Session 7: Regional integration

Mega-Regional Trading Arrangements: TPP and TTIP - how China and other emerging economy react to the new rules governing the trade and investment?

Emeritus Professor Dr Zakariah Abdul Rashid. Executive Director Malaysian Institute of Economic Research

Doing Business in Thailand Overview of the AEC

Tax Newsletter, Issue no. 2/2016

International Trade Agreements and Emerging Markets

42,000 54% 40+ The TPP Agreement: An Opportunity for North Dakota. Overview. What Is the TPP?

2017 APEC CEO Survey Key Findings

RULES OF ORIGIN OPERATIONAL PROCEDURES. Ma Rosario V. Acosta Assistant Chief Export Division, POM Bureau of Customs

Customs Valuation Issues and Research Methodologies

Tax Newsletter. August 2013

Economic Integration in South East Asia and the Impact on the EU

The Importance of CJK FTA for the Development of Trilateral Cooperation

Session 5: In search of the meaningful market access what are the policy options for LDCs

Impacts on Global Trade and Income of Current Trade Disputes

Charting Brunei s Economy

An Overview of Indirect Taxes. By PROF V.N. PARTHIBAN, FICWA, ACS, FIII, ASM, ADIM, MBA, LLM

OVERLOOKED FACTS ABOUT

ASEAN Integration in Trade in Services. Tan Tai Hiong ASEAN Secretariat ASEAN Services Forum June 2015, ASEAN Secretariat Jakarta, Indonesia

Update new tax laws and regulations. 18 October 2016

Session 3: ATIGA and Rules of Origin

Indonesia Tax Info. 31 October 2018 October 2018

Tax Newsletter, Issue no. 2/2017

CHAPTER FOUR ORIGIN PROCEDURES

CARS 21 WG 2 TRADE AND INTERNATIONAL HARMONISATION - TRADE ISSUES - MEETING 14 FEBRUARY 2011

Division on Investment and Enterprise

Transcription:

www.pwc.com/th 15th Annual Conference Maximise Shareholder Value through Effective TAX Planning 2014 Recently emerging trend of customs challenges and how to prepare for the challenges Worldtrade Management Services

Agenda I. Thai Customs Environment II. Recent Challenges from Customs A. Free Trade Agreements B. Customs Valuation C. Licensing D. Customs Privileges E. Classification III. Other updates/development IV. Conclusion Slide 2

Thai Customs Environment Slide 3

I. Thai Customs Environment Transition from revenue collector to facilitator Government revenue needs Falling duty rates Importance of trade Mindset shift Enhanced Post-Clearance Audit activities Penalties regimes Greater experience and therefore focus on key areas Closer coordination with Revenue Department and Excise Department Slide 4

I. Thai Customs Environment: Customs Controls Pre-Clearance On-Clearance Post-Clearance Physical Documents Duty Payment At Customs premises At Importer premises Warehouse Surveillance Cargo Manifest Red line Goods Inspection Green line No goods inspection Goods released Regional Customs Bureau Investigation and Suppression Bureau Post- Clearance Audit Bureau Slide 5

I. Thai Customs Environment: Target Areas Valuation Classification Formalities Privileges Royalty Assists Adjustments Proceeds Management fee, Technical assistance Wrong tariff code Wrong duty rate Prohibited/ Restricted goods Ministry of Finance (Section 12) Hand Carry Courier BOI Section 19bis Free Zone Bonded Warehouse FTAs Slide 6

I. Thai Customs Environment Audit approach Audit vs. Investigation Conflict between technical experts and audit officers High Penalties in case of non-compliance Current reward regime - Up to 25% of penalties for Customs (No cap) - Up to 30% of penalties for informers (No cap) Proposal for changing of penalties and reward regime (to be discussed in updates Section) Slide 7

I. Thai Customs Environment Customs Offences Smuggling Importing/Exporting goods that have not duly passed through customs (i.e. no import/export entry) Evasion Importing/exporting goods that have duly passed through customs (i.e. with import/export entry) with false declaration (e.g. under-valuation of the goods) which results in duty deficiency. False Declaration Even without duty deficiency, the importer/exporter may still be deemed as having committed a false declaration offence. Purchase/receipt of smuggled goods Knowing at the time of purchase or receipt that the goods are smuggled or imported with duty evasion. Slide 8

I. Thai Customs Environment: Penalty Scheme (Case settlement at Customs level) Smuggling (Section 27) 3 times of CIF + 3 times of duty + 2 times of VAT Evasion (Section 99+ 27) 3 times of duty + 2 times of VAT + 1.5% VAT surcharge Purchasing (Section 27bis) 1 time of CIF + 1 time of duty + 1 time of VAT Note: If the importers loses the case at court level, currently the penalty shall be 4*CIF + 4*duty or imprisonment for a term of not exceeding ten years, or both Slide 9

Recent Challenges from Customs Slide 10

A. Free Trade Agreements ( FTA ) Slide 11

II. Recent Challenges from Customs Current FTAs for Thailand Multilateral ASEAN ASEAN China ASEAN Japan ASEAN Korea ASEAN India ASEAN Australia New Zealand Bilateral Thailand-Japan Thailand - Australia Thailand - New Zealand Thailand India Thailand Peru Thailand Chile (not yet into force) Slide 12

II. Recent Challenges from Customs FTA Compliance issues indirect invoicing (3rd/4th party) Companies may choose to structure their operations to optimize the cheaper labor cost in ASEAN countries (Thailand) coupled with tax incentives in Singapore (HQ) Goods Contract Japan Thailand Contract Manufacturer Invoice Arrangement Singapore HQ Slide 13

II. Recent Challenges from Customs FTA Compliance issues 3 rd /4 th party invoicing P 3 rd country invoicing concept: All Thai FTAs Latest FTA: Thai Chile FTA No definition of 3 rd country invoicing O 4 th country invoicing: Allowed Only for ATIGA Thai Customs authorities reject C/O from 4 th country invoicing Slide 14

II. Recent Challenges from Customs FTA Compliance issues On behalf of ( O/B ) or Care of ( C/O ) Exporter: Logistic Company O/B or C/O Manufacturing Company (Temporary) Flexibility for utilizing the duty privilege under the ASEAN-China FTA. (1 January 2011 30 April 2011) Currently, Thai Customs authorities does not accept O/B or C/O on Form E Discrepancies Discrepancies between C/O and invoice: date, importer/exporter s name and address Declaration of marks, number on packages, gross weight or other quantity and value (FOB) Box ticking: Not ticking on -Issued Retroactively -Exhibition -De Minimis -Third Country Invoicing Wrong application/ wrong Rules of Origin (RoO) in C/O Different C/O = different rules Slide 15

II. Recent Challenges from Customs FTA Compliance issues: Back-to-Back certificate of Origin (C/O) 1# Shipment 40 pcs Exporter (ASEAN) 100 pcs Singapore (Intermediate country) 2# Shipment 30 pcs 3# Shipment 30 pcs Thailand Restrictive interpretation by Thai Customs - Bonded warehousing required in intermediate country - Back-to-Back C/O IS NOT ALLOWED for 3 rd party invoicing transactions Slide 16

II. Recent Challenges from Customs s observation Moving responsibility from authorities to exporters Moving responsibility from exporter to importer Increased use of automated systems Different interpretations by exporting and importing FTA members Inconsistent interpretations among each FTAs by Thai Customs Increased post audit reviews by authorities on origin Slide 17

B. Customs Valuation Slide 18

II. Recent Challenges from Customs: Customs Valuation Import price + Adjustments (either additions / deductions) = Price actually paid or payable Royalty / License fee Proceeds Customs Valuation Commissions / packing Invoice price Assists Total payment Invoice price Slide 19

II. Recent Challenges from Customs: Customs Valuation Considerations for dutiable royalties/license fees Royalty/ License fee Manufactured by licensor s IP Incorporate the IPR Non-Dutiable Condition of Sales Dutiable Slide 20

II. Recent Challenges from Customs: Supreme Court Thailand - 3rd party Royalty payment dutiable? - Customs value of goods $100 or $105? 3rd party (Licensor) Royalty Manufacturer (Exporter) 5 Goods Buyer (Importer) 100 Slide 21

II. Recent Challenges from Customs: Advisory Opinion 4.15 Supply Agreement: - Manufacturer to manufacture goods with Licensor s Trade Mark under Licensor s control - Sell exclusively to buyer or others as Licensor determines Manufacture under control/ know-how 3rd party (Licensor) Royalty Manufacturer (Exporter) 5 Goods Buyer (Importer) 100 Slide 22

II. Recent Challenges from Customs: Comparison 3rd party (Licensor) Royalty Supreme Court 5 Goods Manufacturer (Exporter) Buyer (Importer) 100 Manufacture under control/knowhow 3rd party (Licensor) Royalty 5 AO 4.15 Manufacturer (Exporter) Goods Buyer (Importer) 100 Slide 23

Advisory Opinion 4.15 s observation A more cautious approach for Customs consideration on royalty Customs would not only look into the royalty agreement, but also sales surrounding circumstances (other agreements in connection with royalty agreement). Influence of licensor over manufacturer and buyer is also taken into account. Expect more challenges from Customs on 3rd party royalties. Slide 24

C. Licensing Slide 25

II. Recent Challenges from Customs: C. Licensing Are the goods prohibited from import? Are the goods subject to import/ export license? Are the goods prohibited/ restricted under more than one relevant laws and regulations? Is a Certificate of Free Sale considered as an import license? Could import license be issued retroactively? Slide 26

II. Recent Challenges from Customs: C. Licensing Administrative Court ruling, dated 3 December 2012 Repeal of Hazardous Substance Control List B.E. 2546 & Hazardous Substance Control List (No. 2) B.E. 2547 Only reference to English names of the hazardous substances Omission of the names of hazardous substances in Thai Slide 27

II. Recent Challenges from Customs: C. Licensing New Hazardous Substance Control List in effect on 28 September 2013 Key changes: Addition of Thai names for each substance with the English name in the parentheses; Each identification number refers to each substance; A categorization of the substances based on 6 responsible institutes / agencies ; Department of Agriculture (DOA) Department of Livestock Development (DLD) Department of Fisheries (DOF) Food and Drug Administration (FDA) Department of Industrial Works (DIW) Department of Energy Business (DOEB) An addition/ re-categorization of certain substances; An indication of restricted concentration (if any); Separate lists for groups of substances and products. Slide 28

II. Recent Challenges from Customs: C. Licensing Penalties under the Hazardous Substance Act B.E. 2535 Imprisonment Fine (THB) or Both Type I: < 6 months < 50,000 / Type II: < year < 100,000 / Type III: < 2 years < 200,000 / Type IV: < 10 years < 1 million / Penalties under the Customs Act B.E. 2469 Importing of restricted goods without import license. - Surrender of the goods OR - In lieu of goods surrendering, liable to value of the goods (CIF + Duty+ VAT) * Proposal for reduction of the penalty is recently raised. Slide 29

II. Recent Challenges from Customs: s observation Preparation for transition period on new Licensing Notification Expect more audits on licensing issue Keep an eye on updated regulation Slide 30

D. Customs Privileges Slide 31

II. Recent Challenges from Customs: D. Customs Privileges: Manufacturing Bonded Warehouse ( MBW ) Council of State s opinion No. 247/2548 (2005) Form D Form D Importer = A Vietnam Company A MBW Customs Challenge Importer = A Company B Thailand Council of State Slide 32

II. Recent Challenges from Customs: D. Customs Privileges: Free Zone ( FZ ) Potential Portion of local raw materials Issues! Manufacturing process under the FZ Clarification on the definition of Profit o Acceptable threshold? o Trading vs manufacturing profit Certificate issued by Independent institutes Slide 33

II. Recent Challenges from Customs: D. Customs Privileges: Section 12 of Customs Tariff Decree B.E.2530 ( Section 12 ) Example of discrepancy Customs Approval Part no. 1234 Imported Part no. 1234A Slide 34

II. Recent Challenges from Customs: D. Customs Privileges: Section 12 of Customs Tariff Decree B.E.2530 ( Section 12 ) Challenges by Customs Could not enjoy the right for duty reductions/exemptions under Section 12, Liable to a fine of: Exposure Offence Evasion (Section 99+ 27) (1) Fine Case settlement at Customs Level 2*duty + 1*VAT (2) Duty shortfall 1*duty + 1*VAT + 1.5% of VAT Total 3*duty + 2*VAT + 1.5% of VAT Slide 35

II. Recent Challenges from Customs: D. Customs Privileges: Section 12 of Customs Tariff Decree B.E.2530 ( Section 12 ) Key consideration Comply with the Ministry of Finance ( MOF ) Notification s requirement Goods meet the rules and procedures specified under the MOF s Notification Non-compliance with customs formality is a minor mistake? Slide 36

II. Recent Challenges from Customs: D. Customs Privileges: s observation Bonded Warehouse and FTA benefits may continue (pending guidance from Customs) Free Zone continues to be focus area for Customs. Section 12 compliance more important given recent challenges from Customs. Slide 37

E. Classification Slide 38

II. Recent Challenges from Customs: E. Classification Imported CKD? CKD CBU GRI 2 (a) and Section 6 of Customs Tariff Decree The CKD were imported with matching quantity (despite not the same shipment) Slide 39

II. Recent Challenges from Customs: E. Classification: relevant laws General Rules of Interpretation 2 (a) Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a reference to that article complete or finished (or failing to be classified as complete or finished by virtue of this Rule), presented unassembled or disassembled. Section 6 of Customs Tariff Decree Where it appears to the Director General of Customs that the duty chargeable upon any complete article is being evaded by means of importing, either simultaneously or otherwise, such article in separate parts, the duty chargeable upon such separate parts shall integrally be assessed at the rate for the complete article. Slide 40

II. Recent Challenges from Customs: s observation Customs tends to apply rules to attract a higher rate Placing deposit guarantee/ Reserve the right to argue on classification issue upon importation Seeking for classification s ruling? Slide 41

Other Updates/Developments Slide 42

III. Other Updates/Developments FTA Under Negotiation Thai EU FTA Thailand will be delisted as beneficiary country under GSP by early 2015 2 rounds of negotiation done Next round in December 2013 Controversial issues? - Intellectual Property Right ( IPR ) - Services - Investor state disputes - Government procurement - Duty drawback Time is ticking for Thailand? (Singapore-EU FTA = Concluded, Vietnam-EU FTA and Malaysia-EU FTA = Advanced stage Slide 43

III. Other Updates/Development Future FTAs Trans-Pacific Partnership ( TPP ) High-Standard FTA Original: Brunei, Chile, New Zealand and Singapore (P4) Attempt to conclude by the end of 2013 Under negotiations: - Original signatories: Brunei, Chile, New Zealand and Singapore - Negotiating members: Australia, Canada, Japan, Malaysia, Mexico, Peru, Vietnam and the United States Controversial issues? Where is Thailand? Slide 44

III. Other Updates/Development Future FTAs Regional Comprehensive Economic Partnership (RCEP) ASEAN (10) + 6 (Australia, China, India, Japan, Korea, New Zealand) Intended to be the largest FTA globally ASEAN + 1 remain valid Attempt to be concluded by the end of 2015 Slide 45

III. Other Updates/Developments AEC Self- certification ASEAN - 1st Pilot project on Self Certification: Brunei, Malaysia, Singapore and Thailand participating. Myanmar indicated intention to participate in the 1st Pilot Project. (extended till 31 December 2015) - 2nd Pilot project on Self Certification: Indonesia, Laos PDR, the Philippines and Vietnam participating. (Thailand possible participant) The two projects will run in parallel until 2015. Developing a single system is required by 2015 Slide 46

III. Other Updates/Developments National Single Window (NSW) Integrate customs clearance process (e.g. import, export and transit) into a single system. Exchange cargo clearance data electronically across ASEAN borders (as a part of ASEAN Single Window). Allow single submission of applications for licenses and permits through relevant authorities e.g. Customs Department, Excise Department and Board of Investment. Slide 47

III. Other Updates/Development Authorized Economic Operator (AEO) The rise of terrorism during the past 12 years has raised concern on security in global supply chain management. WCO developed Framework of Standards to Secure and Facilitate Global Trade and AEO guideline Some countries may implement AEO program under different name; - U.S.: Customs Trade Partnership Against Terrorism (C-TPAT) - New Zealand: Secure Export Scheme - Singapore: Secure Trade Partnership - China: Classified Management of Enterprises Slide 48

III. Other Updates/Development Authorized Economic Operator (AEO) Thailand: AEO launched 1 January 2013 Who can become an AEO? - Importers Exporters - Customs Brokers But there are more parties involving - Manufacturers/Suppliers - Warehouse Operators/Owners - Port Operators - Transport Operators - Freight Operators Slide 49

Other Updates/Development Authorized Economic Operator (AEO) Responsibilities of an AEO - Develop security system - Perform security risk assessment - Implement security measures as recommended by customs - Develop document on security system to support application And why should you consider doing all of these? - Privileges on customs clearance - Privileges on duty refund - Limit post clearance audit to 2 years - Privileges on case settlement Future AEO Mutual Recognition Arrangement ( MRA ) Slide 50

Other Updates/Development Authorized Economic Operator (AEO) s observation Key criteria o No smuggling offence; o Continuous profitability/ Secure financial status o Security compliance Obstacles Uptake low Gold Card / Licensed Broker expired at the end of September 2013 Slide 51

III. Other Updates/Development New Excise tax calculation on liquors New Notification effective from 4 September 2013 onwards. New tax base: Last Wholesale Price Previous Specific rate or Ad valorem rate New Ad valorem rate +Specific rate + Additional excise on each degree exceeding threshold level Slide 52

III. Other Updates/Development New Excise tax calculation on liquors: example Excise tax / consumption tax payable = (1) + [(2) or (3)] + (4) Ad Specific Rate Excise Rate in relation to products valorem (2) or (3) whichever is higher with "exceeding degrees" Wine and sparkling Rate wine of grapes (2) (3) (4) (1)* THB/Litre/per THB/Litre/ THB/Litre Condition 100 Degree Exceeding Degree 1) the last wholesale an alcoholic strength price excluding VAT, by volume exceeding 0 1,000 225 3 not exceeding 600 15 degrees THB 2) the last wholesale price excluding VAT, exceeding 600 THB 36 1,000 225 an alcoholic strength by volume exceeding 15 degrees 3 Slide 53

III. Other Updates/Development Licensing Potential reduction of penalty Proposal by the Joint Standing Committee on Commerce, Industry and Banking To separate offences arising from technical mistakes from other offences under Section 27 e.g. import of restricted goods without license To specify appropriate penalty, not exceeding the penalty under the major law Cabinet resolution: assign Ministry of Finance for further consideration Slide 54

III. Other Updates/Development Customs Laws Penalty regime -Draft revision of Customs Act B.E.2469 (1926) - Duty fine 0.5 to 4 times of the CIF value - Customs audit period limited to 2 years Reward regime - Up to 15% of penalties for Customs (capped at 5 million baht) - Up to 30% of penalties for informers (capped at 10 million baht) Slide 55

Conclusion Slide 56

IV. Conclusion: Key takeaway 1. Hot issues a. Royalty paid to 3rd party b. Privilege utilization c. Licensing a. Self assessment/ external expert review => self disclosure d. FTA challenges b. Training and development 2. Minimize your risks c. Regulation updates 3. Defend yourself 4. Maximize your opportunities a. Check legal precedents b. Obtain ruling where possible a. Sign up for trade facilitation measures c. Seek expert s advice b. Use duty incentive schemes d. Develop best practices c. Stay on top on FTA opportunities and updates Slide 57

Contact Paul Sumner Partner Tel: +66 (0) 2344 1305 paul.sumner@th.pwc.com Santi Krongsithidej Director Tel: +66 (0) 2344 1341 santi.krongsithidej@th.pwc.com Nu To Van Director Tel: +66 (0) 2344 1353 nu.to.van@th.pwc.com Slide 58

Thank you www.pwccustoms.com 2013 PricewaterhouseCoopers WMS Bangkok Ltd. All rights reserved. 'PricewaterhouseCoopers' and/or '' refers to the individual members of the PricewaterhouseCoopers organisation in Thailand, each of which is a separate and independent legal entity. Please see www.pwc.com/structure for further details.