The Bank of Thailand (BOT) intends to strengthen the role of financial service providers in taking responsibility for consumers throughout the loan debt cycle appropriately and comprehensively. The BOT Notification No. Sor Gor Chor. 7/2566 re: Responsible Lending was issued by the BOT and announced in the Government Gazette on 27 December 2023, and became effective on 1 January 2024.
On 10 January 2024, the Office of the SEC issued guidelines relating to listed company shareholder meetings to enhance good governance, transparency, and efficiency of the meeting, and to allow shareholders’ participation.
The Securities and Exchange Commission of Thailand has amended the requirements for offerings by foreign entities of Baht-denominated bonds and foreign-currency-denominated bonds. These revisions aim to enhance protection for investors and market credibility. The changes also mark the transfer from the Ministry of Finance of Thailand, which until now had the power to grant approval to foreign issuers for issuances of Baht bonds, to the SEC. The amendments came into effect on 1 January 2024.
The Securities and Exchange Commission of Thailand (SEC) has amended and issued regulations (17 in total) to provide clarity regarding the nature of businesses that may be considered investment companies. The amended regulations also impose disclosure obligations, where an investment company is also a listed company, and prohibit any investment companies from offering securities, except in limited circumstances. These regulations became effective on 1 January 2024.
Thailand is taking the next step towards strengthening the legal framework on air quality control as the Cabinet approved in principle the Draft Management for Clean Air Act (“Clean Air Bill”), which was proposed by the Ministry of Natural Resources and the Environment (MONRE) on 28 November 2023. Thailand’s current legal framework to manage air quality can be seen in many existing laws that regulate the monitoring and treatment of air pollution, and specify air quality standards. There are many governmental agencies acting as regulators for the purpose of air quality control, including the MONRE, the Ministry of Industry, and the Ministry of Public Health.
With increasing awareness of carbon capture and storage (CCS) technology as a key enabler for decarbonization, many developments in this area, such as exploration for carbon storage sites, have been reported. However, presently, in Thailand, there is no legislation specifically governing such CCS-related activities. In this context, the Department of Mineral Fuels has been developing a legal framework to accommodate CCS-related activities as can be seen from the recent public hearing of the draft amendment to the Petroleum Act, B.E. 2514 (1971) (“Draft Petroleum Act”), which aims to introduce the concept of “carbon business” as another regulated activity in a similar manner to conventional petroleum concessions.
The Carbon Border Adjustment Mechanism (CBAM) is one of the legislative measures under the “Fit for 55” package in the EU’s European Green Deal. The CBAM is a measure designed to complement the EU’s Emissions Trading System, targeting imports of carbon-intensive products, including Thai exporters.
On 27 October 2023, Thailand’s Personal Data Protection Committee published for public consultation two new draft rules regarding cross-border transfer of personal data. These two draft rules, namely: (1) Draft Whitelist Notification and (2) Draft Binding Corporate Rules and Appropriate Safeguards Notification, upon becoming effective as binding laws, will serve to expand the available options for making a lawful transfer of personal data outside Thailand in compliance with the Personal Data Protection Act B.E. 2562.
In this final part of the series, we will look at the Draft Waste Electrical and Electronic Equipment Management Act. The development of a legal framework for the management of waste from electrical and electronic equipment (WEEE) has been discussed and studied in Thailand for almost two decades. However, despite existing general environment-related laws, such as the NEQA, the Hazardous Substance Act, B.E. 2535 (1992), and the Factory Act, B.E. 2535 (1992), there is currently no specific Thai law governing WEEE management in a systematic and sustainable way.
Artificial Intelligence is a leading technology that is advancing rapidly. Many industries are anticipated to benefit from AI assistance, which may also affect human workforce in certain industries in the near future. Currently, two draft legislations have been introduced in Thailand: (i) The Draft Royal Decree on Business Operations that Use Artificial Intelligence System; and (ii) The Draft Act on the Promotion and Support of AI Innovations in Thailand.