Foreign Related Laws

Foreign Related Laws

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Treaty of Amity

International Air Carriage Act

Southeast Asia Treaty of Amity

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Treaty of Amity

Section Code: Article 1

TREATY OF AMITY AND ECONOMIC RELATIONS (1966)
between the Kingdom of Thailand and the United States of America

The Kingdom of Thailand and the United States of America, desirous of promoting friendly relations traditionally existing between them and of encouraging mutually beneficial trade and closer economic and cultural intercourse between their peoples, have resolved to conclude a Treaty of Amity and Economic Relations, and for that purpose have appointed as their Plenipotentiaries:

HIS MAJESTY THE KING OF THAILAND:
His Excellency THANAT KHOMAN, Minister of Foreign Affairs of the Kingdom of Thailand; and

THE PRESIDENT OF THE UNITED STATES. OF AMERICA:
His Excellency GRAHAM MARTIN, Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Thailand;

Who, having communicated to each other their full powers found to be in due form, have agreed as follows;

ARTICLE I: Traders and Investors

  1. Nationals Carrying Our Trade or Investment Nationals of either Party shall, subject to the laws relating to the entry and sojourn of aliens, be permitted to, enter the territories of the other Party, to travel therein freely. and to reside at places of their choice and in particular to enter the territories of the other Party and to remain therein of the purpose of: (a) carrying on trade between the territories of the two Parties and engaging in related commercial activities; or (b) developing and directing the operations of an enterprise in which they have invested or are actively in process of investing a substantial amount of capital. Each Party reserves the right to exclude, restrict the movement of, or expel aliens on grounds relating to public order, morals, health and safety. The provisions of (b) above shall be construed as extending to a national of either Party seeking to enter the territories of the other Party solely for the purpose of developing and directing the operations of an enterprise in the territories of such other Party in which his employer has invested or is actively in the process of investing a substantial amount of capital, provided that such employer is a national or company of the same nationality as the applicant and that the applicant is employed by such national or company in a responsible capacity.
  2. Protection of Traders and InvestorsNationals of either Party within the territories of the other Party shall receive the most constant protection and security, in no case less than that required by international law. When any such national is in custody, he shall in every respect receive reasonable and humane treatment; and on his demand the diplomatic or consular representative of his country shall be immediately notified and accorded full opportunity to safeguard his interests. He shall be promptly informed of the accusations against him, and allowed ample facilities to defend himself.
  3. Freedom of Religion Nationals of either Party shall enjoy in the territories of the other Party entire liberty of conscience, and, subject to applicable laws, ordinances and regulations, shall enjoy the right of private and public exercise of their worship.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE II: Juristic Persons and Courts

  1. Juristic Persons

    Companies constituted under the applicable laws and regulations of either Party shall be deemed to have the nationality of that Party and shall have their juridical status recognized within the territories of the other Party. As used in the present Treaty, “companies” means:

    1. with reference to Thai companies: Juristic persons under Thai laws, whether or not with limited liability and whether or not for pecuniary profit;
    2. with reference to United States companies: corporations, partnerships, companies, and other associations, whether or not with limited liability and whether or not for pecuniary profit.
  2. Equal Access to Courts and Administrative Agencies

    Nationals and companies of either Party shall have free access to courts of justice and administrative agencies within the territories of the other Party, in all degrees of jurisdiction, both in the defense and in the pursuit of their rights. Such access shall be allowed upon terms no less favorable than those applicable to nationals and companies of such other Party or of any third country, including the terms applicable to requirements for deposit of security. It is understood that companies not engaged in activities within the country shalt enjoy the right of such access without any requirement of registration or domestication.

  3. Unenforceable Arbitration Clause

    Contracts entered into between nationals and companies of either Party and nationals and companies of the other Patty, that provide for the settlement by arbitration of controversies, shall not be deemed unenforceable within the territories of such other Party merely on the grounds that the place designated for the arbitration proceedings is outside such territories; or change the nationality of one or more of the arbitrators is not that of such other Party.

    No award duly rendered pursuant to any such contract, and final and enforceable. under the laws of the place where rendered, shall be deemed invalid or denied effective means of enforcement, within the territories of either Party merely on the grounds that the place where such award was rendered is outside such territories or that the nationality of one or more of the arbitrators is not that of such Party.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE III: Property and Buildings

  1. Fair and Equal Treatment

    Each Party shall at all times accord fair and equitable treatment to nationals and companies of the other Party, and to their property and enterprises; shall refrain from applying unreasonable or discriminatory measures that would impair their legally acquired rights acid interests; and shall assure that their lawful contractual rights are afforded effective means of enforcement, in conformity with the applicable laws.

  2. Property Clause

    Property of nationals and companies of either Party, including direct or indirect interests in property, shall receive the most constant protection and security within the territories of the other Party. Such property shall not be taken without due process of law or without payment of just compensation in accordance with the principles of international law.

  3. Buildings and Premises

    The dwellings, offices, warehouses, factories, and other premises of nationals and companies of either Party located within the territories of the other Party shall not be subject to entry or molestation without just cause. Official searches and examinations of such premises and their contents shall be made only according to law and with careful regard for the convenience of the occupants and the conduct of business.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE IV: Types of Business Activities

  1. Equal Treatment in Business Activities

    Nationals and companies of either Party shall be accorded national treatment with respect to establishing, as well as acquiring interests in, enterprises of all types for engaging in commercial, industrial, financial end other business activities within the territories of the other Party.

  2. Limits in Certain Types of Activities

    Each party reserves the right to prohibit aliens from establishing or acquiring interests, or to limit the extent to which aliens may establish or acquire interests, in enterprises engaged within its territories in communications, transport, fiduciary functions, banking involving depository functions, the exploitation of land, or other natural resources, or domestic trade la indigenous agricultural products, provided that it shall accord to nationals and companies of the other Party treatment no less favorable in this connection than that accorded nationals and companies of any third country.

  3. Limits to Professions

    The provisions of paragraph I do not include the practice of professions, or callings reserved for the nationals of each Party.

  4. Equal Treatment of Businesses as Locals

    Enterprises which are or may hereafter be established or acquired by nationals and companies of either Party within the territories of the other Party and which are owned or controlled by such nationals and companies, whether in the form of individual proprietorships, direct branches or companies constituted under the laws of such other Party, shall be permitted freely to conduct their activities therein upon terms no less favorable than like enterprises owned or controlled by nationals of such other Party or of any third country.

  5. Right to Do Normal Business as Necessary

    Nationals and companies of either Party shall enjoy the right to control and manage the enterprises which they have established or acquired within the territories of the other Party, and shall be permitted without discrimination to do all things normally found necessary and proper to the effective conduct of enterprises engaged in like activities.

  6. Right to Use their own Personal Experts

    Nationals and companies of either Party shall be permitted, in accordance with the applicable laws, to engage, within the territories of the other Party, accountants or other technical experts, executive personnel, attorneys, agents and other specialists of their choice. Moreover, such nationals and companies shall be permitted to engage accountants and other technical experts, regardless of the extent to which they may have qualified for the practice of a profession within the territories of such other Party, for the particular purpose of raking examinations, audits and technical investigations for internal purposes exclusively for, and rendering reports to, such nationals and companies in connection with the planning and operation of their enterprises within such territories.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE V: Business Property

  1. Equal Treatment for Leasing Property

    Nationals and companies of either Party shall be accorded national treatment within the territories of the other Party with respect to:

    1. leasing immovable property needed for their residence or for the conduct of activities pursuant to the present Treaty;
    2. purchasing and otherwise acquiring movable property of all kinds, subject to any limitations on acquisition of shares in enterprises that may be imposed consistently with Article IV; and
    3. disposing of property of all kinds by sale, testament or otherwise.
  2. Equal Treatment for Intellectual Property

    Nationals and companies of either Party shall have within the territories of the other Party the same right as nationals and companies of that other Party in regard to patents for invention, trademarks, trade names, designs and copyright in literary and artistic works, upon compliance with the applicable laws and regulations, if any.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE VI: Taxes

  1. Equal Treatment for Taxes

    Nationals and companies of either Party shall not be subject to the payment of taxes, fees or charges within the territories of the other Party, or to requirements with respect to the levy and collection thereof, more burdensome than those borne by nationals, of all third countries. The rates for such fees shall not exceed those charged such nationals of any third country residents and companies of any third country. In the case of nationals of either Party residing within the territories of the other Party, and of companies of either Party engaged in trade or other gainful pursuit or in non-profit activities therein, such taxes, fees, charges and requirements shall not be more burdensome than those borne by nationals and companies of such other Party.

  2. Reciprocity for Taxes

    Each Party, however, reserves the right to: (a) extend specific tax advantages only on the basis of reciprocity, or pursuant to agreements for the avoidance of double taxation or the mutual protection of revenue: and (b) apply special provisions in extending advantages to its nationals and residents in connection with joint returns by husband and wife, and as to the exemptions of a personal nature allowed to non-residents in connection with income and inheritance taxes.

  3. Non liability of taxes for income outside territory

    Companies of either Party shall not be subject within the territories of the other Party, to the payment of taxes upon income not attributable to sources within such territories, or upon transactions or capital not attributable to the operations and investments thereof within such territories.

  4. Security Protection

    The foregoing provisions shall not prevent the levying, in appropriate cases, of fees relating to the accomplishment of police and other formalities, if these fees are also levied on nationals of all third countries. The rates for such fees shall not exceed those changed such nationals of any third country.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE VII: Currency Exchange

  1. No Restrictions on the Transfer of Funds

    Neither Party shall apply restrictions on the making of payments, remittances, and other transfers of funds to or from the territories of the other Party, except (a) to the extent necessary to assure the availability of foreign exchange for payments for goods and services essential to the health and welfare of its people, or (b) in the case of a member of the International Monetary Fund, restrictions specifically requested or approved by the Fund.

  2. Imposition of Exchange Restrictions must have a Reasonable Provision for Withdrawal

    If either Party applies exchange restrictions, it shall make reasonable provision for the withdrawal is foreign exchange in the currency of the other Party, of:

    1. the compensation referred to in Article III, paragraph 2, of the present Treaty;
    2. earnings, whether in the form of salaries, interest, dividends, commissions; royalties, payments for technical services, or otherwise; and
    3. amounts for amortization of loans, depreciation of direct investments and capital transfers, giving consideration to special needs for other transactions.

    If more than one rate of exchange is in force, the rate applicable to such withdrawal shall be a rate which is specifically approved by the International Monetary Fund for such transactions.

  3. Application of Exchange Restrictions

    Either Party applying exchange restrictions shall in general administer them in a manner not to influence disadvantageously the competitive position of the commerce, transport or investment of capital of the other Party in comparison with the commerce, transport or investments of any third country.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE VIII: Restrictions

  1. Customs Duties

    Each Party shall accord to products of the other Party, from whatever place and by whatever type of carrier arriving, and to products destined for exportation to the territories of such other Party, by whatever route and by whatever type of carrier, treatment no less favorable than that accorded like products of, or destined for exportation to, any third country, in all matters relating to:

    1. customs duties, as well as any other charges, regulations and formalities levied upon or in connection ‘with importation and exportation; and
    2. internal taxation, sale, distribution, storage and use.

    The same rule shall apply with respect to the international transfer of payments for imports and exports.

  2. No Restrictions on Importation of Products

    Neither Party shall impose restrictions or prohibitions on the importation of any product of the other Party, or on the exportation of any product to the territories of the other Party, unless the importation of the like product of, or the exportation of the like product to, all third countries is similarly restricted or prohibited.

  3. Restrictions

    If either Party imposes quantitative restrictions on the importation or exportation of any product in which the other Party has an important interest:

    1. It shall, upon request, inform the other Party of the approximate total amount of the product, by quantity or value, that may be imported or exported during a specified period, and of any change in such amount or period; and
    2. If it makes allotments to any third country, it shall afford such other Party a share proportionate to the amount of the product, by quantity or value, supplied by or to it during a previous representative period, due consideration being given to any special factors affecting the trade in such product.
  4. Restrictions on Non-Commercial Customary Grounds

    Either Party may-impose prohibitions or restrictions on sanitary or other customary grounds of a non-commercial nature, or in the interest of preventing deceptive or unfair practices, provided such prohibitions or restrictions do not arbitrarily discriminate against the commerce of the other Party.

  5. Currency Controls

    Either Party may adopt measures necessary to assure the utilization of accumulated inconvertible currencies or to deal with a stringency of foreign exchange. However, such measures shall deviate no more than necessary from a policy designed to promote the maximum development of non-discriminatory international trade and to expedite the attainment of a balance of payments position which will obviate the necessity of such measures.

  6. Special Advantages under International Treaties

    Each Party reserves the right to accord special advantages:

    1. to products of its national fisheries;
    2. to adjacent countries in order to facilitate frontier traffic; or
    3. by virtue of a customs union or a free trade area of which either Party may become a member, or of an interim agreement leading to the formation of a customs union or free trade area which either Party may enter into.

    Each Party, moreover, reserves rights and obligations it may have under the General Agreement on Tariffs and Trade, and special advantages it may accord pursuant thereto.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE IX: Import Export

  1. Notice of Customs Regulations

    In the administration of its customs regulations and procedures, each Party shall:

    1. publish all requirements of general application affecting importation and exportation;
    2. apply such requirements in a uniform, impartial and reasonable manner;
    3. refrain, as a general practice, from enforcing new or more burdensome requirements until after public notice thereof; and
    4. allow appeals to be taken from rulings of the customs authorities.

    Moreover, the customs authorities of each Party shall not impose greater than nominal penalties for infractions resulting from clerical errors or from mistakes made in good faith as deemed appropriate by the customs authorities.

  2. Import and Export

    Nationals and companies of either Party shall be accorded treatment no less favorable than that accorded nationals and companies of the other Party, or of any third country, with respect to all matters relating to importation and exportation.

  3. Discriminatory Import Export Policies

    Neither Party shall impose any measure of a discriminatory nature that hinders or prevents the importer or exporter of products of either Party from obtaining marine insurance on such products in companies of the other Party.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE X: Freedom of Navigation

  1. Freedom of Commerce and Navigation

    Between the territories of the two Parties there shall be freedom of commerce and navigation.

  2. Proof of Nationality

    Vessels under the tag of either parties, carrying the papers required by its law in proof of nationality, shall be deemed to be vessels of that Party both on the high seas and within the ports, places and waters of the other Party.

  3. Most Favored Nation Treatment at Ports

    Vessels of either Party shall have liberty, on equal terms with vessels of the other Party and with vessels of any third country, to come with their cargoes to all ports, places and waters of such other Party open to foreign commerce and navigation- Such vessels and cargoes shall in all respects be accorded national treatment and most-favored-nation treatment within the ports, places and waters of such other Party, but each Party may reserve exclusive rights and privileges to its own vessels with respect to the coasting trade, inland navigation and national fisheries.

  4. Most Favored Nation for Duties and Customs

    Vessels of either Party shall be accorded national treatment and most-favored-nation treatment by the other Party with respect to the right to carry all products that may be carried by vessel to or from the territories of such other Party, and such products shall be accorded treatment no less favorable than that accorded like products carried in vessels of such other Party, with respect to:

    1. duties and charges of all kinds;
    2. the administration of the customs; and
    3. bounties, drawbacks and other privileges of this nature.
  5. Right to Assistance at Ports

    Vessels of either Party that are in distress shall be permitted to take refuge in the nearest port or haven of the other Party, and shall receive friendly treatment and assistance.

  6. Vessels

    The term “vessels”, as used herein, means all types of vessels, whether privately or publicly owned or operated, but this term does not, except with reference to paragraphs 2 and 5 of the present Article, include fishing vessels or vessels of war.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE XI: Business with Government

  1. Government Owned Enterprises Each Party undertakes
    1. that enterprises owned or controlled by its Government, and monopolies or agencies granted exclusive or special privileges within its territories, shall make their purchases and sales involving either imports or exports affecting the commerce of the other Party solely in accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purchase or sale; and
    2. that nationals, companies and commerce of such other Party shall be afforded adequate opportunity, in accordance with customary business practice, to compete for participation in such purchases and sales.
  2. Equal Right to Commerce with Governments Each Party shall accord to nationals, companies and commerce of the other Party fair and equitable treatment, as compared with that accorded to nationals, companies and commerce of arty third country, with respect to:
    1. the governmental purchase of supplies;
    2. the awarding of concessions and other government contracts; and
    3. the sale of any service by the Government or by any monopoly or agency granted exclusive or special privileges.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE XII: Allowable Restrictions

  1. Allowable Restrictions The present Treaty shall not preclude the application of measures
    1. regulating the importation or exportation of gold or silver;
    2. regulating to fissionable materials, their radio-active by-products, or the sources thereof;
    3. regulating the production of or traffic in arms, ammunition and implements of war, or traffic in other materials carried on directly or indirectly for the purpose of supplying a military establishment;
    4. regulating, on a non-discriminatory basis, military requisition of supplies and implements of war in time of emergency or in time of war;
    5. necessary to fulfill the obligations of either Party for the maintenance or restoration of international peace and security, or necessary to protect its essential security interests; or
    6. denying to any company in the ownership or direction of which nationals of any third country or countries have directly or indirectly the controlling interest, the advantages of the present Treaty, except with respect to recognition of juridical status and with respect to access to courts of justice and to administrative tribunals and agencies.
  2. No Political Activities The present Treaty does not accord any right to engage in political activities.
  3. Does not Extend to U.S. Territories or Possessions The most-favored-nation provisions of the present Treaty relating to the treatment of goods shall not extend to advantages accorded by the United States of America or its territories and possessions, irrespective of any future change is their political status, to one another, to the Republic of Cuba, to the Republic of the Philippines, to the Trust Territory of the Pacific Islands or to the Panama Canal Zone.
  4. MFN does not apply to future changes The provisions of the present Treaty as regards the most-favored-nation treatment do not apply to:
    1. favors now granted or which may hereafter be granted to neighboring States with regard to navigation on or use of boundary waterways not navigable from the sea; or
    2. favors now granted or which may hereafter be granted in virtue of national legislation on the promotion of industrial investment.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE XIII: Representation and Disputes

  1. Right to Representation Each Party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultation regarding, such representations as the other Party may make with respect to ally matter, affecting the operation of the present Treaty.
  2. Disputes Any dispute between the Parties as to the interpretation or application of the present Treaty, act satisfactorily adjusted by diplomacy or other pacific means, shall be submitted, at the request of either Party, to a panel of arbitrators for settlement in accordance with applicable principles of international law. The panel shall be composed of three members, one selected by each Party and the third chosen by the members selected by the Parties. In the event the members selected by the Parties are unable to agree upon the third member within one month, the third member shall be one who is designated by the Secretary-General of the United Nations at the request of either Party.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ARTICLE XIV: Closing

  1. The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Washington, D.C. as soon as possible.
  2. The present Treaty shall enter into force one month after the date of exchange of ratifications. Thereupon it shall replace and terminate the Treaty of Friendship, Commerce and Navigation signed at Bangkok on November 13, 1937.
  3. The present Treaty shall remain in for ten years and shall continue in force thereafter until terminated as provided herein.
  4. Either Party may by giving one year’s written notice to the other Party, terminate the present Treaty at the end of the initial ten-year period or at any time thereafter.
IN WITNESS WHEREOF the respective Plenipotentiaries have signed the present Treaty and have affixed hereunto their seals. DONE in duplicate, in the Thai and English languages, both equally authentic, at Bangkok, this twenty-ninth day of May in the two thousand five hundred and ninth year of the Buddhist Era, corresponding to the one thousand nine hundred and sixty sixth year of the Christian Era. For the Kingdom of Thailand (Signed) Th. Khoman United States of America (Signed) Graham Martin With respect to most businesses, the word alien as used in the Act does not include American natural persons or American juristic persons who qualify for the privileges under provisions of the Treaty of Amity and Economic Relations B.E. 2509 (A.D. 1966) between Thailand and the United States . Under this Treaty, an American-owned Thai company or branch office of an American company is permitted to do almost anything a Thai company does except:
  • Own land
  • Engage in the business of inland communications
  • Engage in the business of inland transportation
  • Engage in fiduciary functions
  • Engage in banking involving depository functions
  • Exploit land or other natural resources
  • Engage in domestic trade in indigenous agricultural products

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

International Air Carriage Act

INTERNATIONAL AIR CARRIAGE ACT
B.E. 2558 (2015)

BHUMIBOL ADULYADEJ, REX;
Given on the 7th Day of February B.E. 2558;
Being the 70th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to have a law on international air carriage;

Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly as follows:

Section 1

This Act is called “International Air Carriage Act B.E. …”.

Section 2

This Act shall come into force after the expiration of ninety days from the date of its publication in the Government Gazette.

Section 3

In this Act:

  • “air carriage” means carriage of passengers, baggage or object by air by an aircraft;
  • “domestic air carriage” means carriage of passengers, baggage or object by air by an aircraft which the contracting party agrees that the places of departure and destination are within the territory of a country but it does not include an international air carriage under section 4 paragraph two and paragraph three;
  • “passenger” means a person whom the carrier allows him or her to travel on the aircraft and is not the aircraft crew;
  • “baggage” means checked and unchecked baggage;
  • “checked baggage” means the baggage in charge of the carrier and the carrier has issued a baggage identification tag;
  • “unchecked baggage” means a baggage in charge of the passenger besides of the checked baggage;
  • “cargo” means an asset which the consignor delivers to be in charge of the carrier for the purpose of air carriage;
  • “aircraft” means an aircraft under the law on aviation;
  • “carrier” means a person who operates the business of air carriage whether it is the carrier under the contract or the actual carrier and it shall mean a person who is a carriage of passengers, baggage or object by air by the aircraft;
  • “carrier under the contract” means a carrier who makes the contract on air carriage with a passenger, consignor, or any person who acts on behalf of the passenger or consignor;
  • “actual carrier” means a carrier who operates the air carriage in whole or in part of the route by using the authority of the carrier under the contract;
  • “consignor” means a person who is the contracting party to the carrier to deliver object in accordance with the air carriage contract;
  • “consignee” means a person who is identified as the consignee in the Air waybill ,receipt or in a note which the data appears by any other means in the case where there is no Air Waybill or receipt as the case may be;
  • “servant” means a person who work for the carrier regardless of remuneration;
  • “Special Drawing Right” means the Special Drawing Right in accordance with the law on authorization of and some provisions relating to Special Drawing Right in the International Monetary Fund.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Section 4

This Act shall apply to the international air carrier with charge and it shall include international air carrier without charge operated by a person who is the commercial air carrier.

The international air carriage under paragraph one means carriage of passengers, baggage or object by air by the aircraft which the contracting parties agreed that the places of departure and destination are in the territories of two countries or are in the territory of one country but the stopping places being within the territory of another country whether there is a stopping place during the air carriage or transfer of carriage.

Carriage to be performed by several successive carriers is deemed to be one undivided carriage, whether it has been agreed in one single contract or a series of contracts and if it does not lose the character of international air carriage merely because one contract of or a series of contracts is to be performed entirely within the territory of the same country.

Section 5

This Act shall not apply to the postal carriage which the carrier shall be liable only to the postal administration in accordance with the rules applicable to the relationship between the carrier and the postal administrations.

Section 6

The carrier who operates domestic air carriage, into or out of the kingdom shall have the liability insurance of the carrier under this Act.

Rules, means and conditions on the insurance under paragraph one shall be as prescribed in the Ministerial Regulation.

In regard to the insurance under paragraph one, the Director-General of Department of Civil Aviation shall order the carrier to present the insurance warranty.

In the case of violation or failing to comply with paragraph one or paragraph three, the competent official with the authority to grant permission on air carriage shall order the carrier to stop its domestic air carriage, into or out of the kingdom until such carrier complies with paragraph one or paragraph three as the case may be.

Section 7

Limits of liability of the carrier under this Act may be amended as prescribed in Royal Decree.

Section 8

The Minister of Transport shall have charge and control of this act and shall have the power to prescribe Ministerial Regulation for the execution of this Act.

The Ministerial Regulation shall come into force upon its publication in the Government Gazette.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Section 9

In regard to carriage of passengers, document of carriage delivered shall include, at least, the followings:
  1. an indication of the places of departure and destination;
  2. an indication of at least one agreed stopping place in the case where the places of departure and destination are within the territory of a single country but the stopping place being within the territory of another country.
Any other means which preserves the information indicated in paragraph one may be substituted for the delivery of the document. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserve. The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage. The passenger shall be given written notice of the effect of limit liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay. Non-compliance with the provisions of this section shall not affect the existence or the nullity of the contract of air carriage and the contract shall be under the provision of this Act.

Section 10

Carrier shall be liable to damages occurred to the passenger in respect of death or bodily injury upon the condition that the accident which caused death or bodily injury occurred on board the aircraft or in the course of any of the operations of embarking or disembarking of passengers.

Section 11

The carrier is liable for damage occurred in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss, or damage occurred on board the aircraft or during any period within which the checked baggage was in the charge of carrier except if the damage resulted from the inherent defect, quality or vice of the checked baggage. The carrier must admit the damage occurred to the unchecked baggage including the personal items the passenger takes on the aircraft if the damage resulted from its fault or that of its servants or agents. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

Section 12

The carrier is liable for damage occasioned by delay in the carriage by air of passengers or baggage except if it proves that it or its servants and agents took all the measures that could reasonably be required to avoid the damage.

Section 13

If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. In the case where the person claiming compensation is not the passenger by reason of death or injury of a passenger, the carrier shall be wholly or partly exonerated from its liability to the passenger to the extent that such negligence or wrongful act or omission caused or contributed to the damage. The provisions in this Act applies to all the liability provisions in this Act.

Section 14

For damages arising under section 19 not exceeding one hundred and thirteen thousand and a hundred Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability except if it proves otherwise prescribed in section 13. The carrier shall not be liable for damages arising under section 10 to the extent that they exceed one hundred and thirteen thousand and a hundred Special Drawing Rights for each passenger if it can prove that:
  1. such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or
  2. such damage was solely due to the negligence or other wrongful act or omission of a third party.

Section 15

In the case of damages caused by delay in the carriage of passengers as specified in section 12, the liability of the carrier for each passenger is limited to four thousand six hundred and ninety four Special Drawing Rights.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Section 16

In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to one thousand one hundred and thirty one Special Drawing Rights for each passenger except if at the time when the checked baggage was handed over to the carrier, the passenger has made a special declaration of interest in the delivery at destination and has paid a supplementary sum if the case so requires. In the case where the passenger has made a special declaration and paid a supplementary sum as specified in paragraph one, the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.

Section 17

The provisions in section 15 and section 16 shall not apply if it proves that the damage resulted from the wrongful act or omission of the carrier, servant or agent of the carrier by intentionally caused the damage or omitted despite knowing that the damage could happen. In this regard, if it is the act or omission of the servant or agent of the carrier, it has to be proved that the servant or agent of the carrier has acted within the scope of their work.

Section 18

Limit of liability prescribed in section 14, section 15 and section 16 shall not affect the ruling of the Court specifying the Court fee and expense of the litigation incurred to the plaintiff including interest. The foregoing provision under paragraph one shall not apply if the amount of the damages awarded does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage or before the commencement of the action and, by calculation, the award the plaintiff received does not exceed limit of liability prescribed in section 14, section 15, or section 16, as the case may be.

Section 19

Any clause on carriage of passengers and baggage which aims to exonerate the carrier from being liable or aims to limit liability to be lower than the provisions in this Act shall be deemed to be void and null and nullity of such clause shall not render the whole contract void and the contract shall be valid under this Act.

Section 20

In the case where the aircraft accident occurred resulting in the death or injury of passengers, the carrier shall make advance payments to the persons who are entitled to claim compensation to meet the immediate economic needs of such person without delay. Such advance payment shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.

Section 21

In the case where an action is brought against a servant or agent of the carrier arising out of damage under this Act in relation to the carriage of passengers and baggage, if the servant or agent of the carrier proves that they acted within the scope of their employment, the servant or agent of the carrier is entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Act. The aggregate of the amounts recoverable from the carrier, its servant and agent shall not exceed the said limit of liability. The provision in paragraph one and paragraph two shall not apply if it can be proved that the damage resulting from the commission of an act or omission of the servant or agent of the carrier done with intent to cause damage or negligently despite knowing that the damage may occur.

Section 22

In the case where the person entitled to receive baggage has a checked baggage delivered without complaint, he or she is deemed to be prima facie evidence that there has been the delivery of checked baggage in good condition in accordance with the baggage identification tag or with the document of deliver preserved in section 9 paragraph two. In the case where the damage occurred to the checked baggage, the person entitled to delivery shall complain, in writing, to the carrier immediately after the damage was found and the latest within seven days as from the date on which the baggage was delivered. In the case of delay in carriage, the person entitled to delivery shall complain in writing to the carrier within twenty one days as from the date on which the baggage was delivered. In the case where the person entitled to claim baggage does not complain within the time period specified in paragraph two or paragraph three, the carrier cannot be sued expect in the case of fraud of the carrier.

Section 23

In the case of carriage to be performed by various successive carriers which constitutes a single carriage and is not divided under section 4 paragraph three, each carrier shall be under the provision of this Act and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of carriage which is performed under its supervision. In the case of carriage in paragraph one, the passenger or the person entitled to claim compensation relating to that passenger will have a right of action against the carrier which performed the carriage during which the accident or delay took place except in the case where the first carrier has assumed liability for the whole journey. In regard to the baggage, the passenger will have a right of action against the first carrier and the last carriers including each may take action against the carrier which performed the carriage during which the destruction, loss, damage, or delay took place. These carriers will be jointly and severally liable to the passenger.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Section 24

In respect of the carriage of cargo, an air waybill shall be delivered. Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used and the consignor so requested, the carrier shall deliver to the consigner a cargo receipt permitting identification of the consignment and access to the information contained in the recorded preserved by any other means.

Section 25

The air waybill or the cargo receipt shall include at least one of the followings in section 9 paragraph one including the weight of the consignment.

Section 26

In the case where it has to meet the formalities of customs, police and similar public authorities, the consignor may be required to deliver a document indicating the nature of the cargo. The provision in paragraph one shall not result in duties, obligation or liability to the carrier.

Section 27

The air waybill shall be made out by the consignor in three original parts as follows:
  1. the first part shall be marked “for the carrier” and signed by the consignor;
  2. the second part shall be marked “for the consignee” and signed by the consignee and by the carrier;
  3. the third part shall be signed by the carrier who hand it to the consignor after the cargo has been accepted by the carrier.
The signature of the carrier and that of the consignor may be printed or stamped. If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

Section 28

In the case of carriage of multiple packages:
  1. the carrier of the cargo has the right to require the consignor to make out separate air waybill;
  2. any other means used to substitute the airway bill under section 24 paragraph two, the consignor has the right to require the carrier to deliver separate cargo receipt.

Section 29

Non-compliance of section 24, section 25, section 26, section 27 or section 28 shall not affect the existence or completeness of the contract of air carriage and such contract shall be under the application of this Act.

Section 30

The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill by it to on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in section 24 paragraph two. The foregoing in paragraph one shall also apply where the person acting on behalf of the consignor is also the agent of the carrier. The consignor shall indemnify the carrier against all damage suffered by it or by any other person to whom the carrier is liable, by reason of irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf. Subject to the provisions of this section, the carrier shall indemnify the consignor against all damage suffered by it or by any other person to whom the consignor is liable, by reason of irregularity, incorrectness or incompleteness of the particulars and statements furnished by the carrier or its behalf in the cargo receipt or in the record preserved by the other means referred to in section 24 paragraph two.

Section 31

The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein. Any statements in the air waybill or cargo receipt relating to the weight, dimensions and packaging of the cargo, as well as those relating to the number of packages, as prima facie evidence of the fact stated in the air waybill or cargo receipt; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air way bill or the cargo receipt to, have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Section 32

When the consignor has carried out all the obligations under the contract of carriage, the consignor has the right to dispose the cargo as follows:
  1. to withdraw it at the airport of departure or destination;
  2. to stop it in the course of the journey on any landing;
  3. to deliver at the place of destination or in the course of the journey to a person other than the consignee originally designated;
  4. to require it to be returned to the airport of departure.
The consignor must not exercise the right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right. If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of air waybill or the cargo receipt delivered to the latter, the carrier will be liable, for any damage occurred thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. This shall be without prejudice to its right of recovery from the consignor. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with section 33. Nevertheless if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its right of disposition.

Section 33

Except when the consignor has exercised its right under section 32, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to the cargo to it, on payment of charges due and on complying with eh condition of carriage. The carrier has the duty to notify the consignee when the cargo arrives unless it is otherwise agreed. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.

Section 34

The consignor and the consignee can respectively enforce all the rights given to them by section 21 and section 33 each in its own name, whether it is acting in its own interest or in the interest of another, provided that the consignor or the consignee must comply with all the obligations imposed by the contract of carriage.

Section 35

The provisions in section 32, section 33 and section 34 shall not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or the consignee. The provisions of section 32, section 33 and section 34 can only be varied by express provision in the air waybill or the cargo receipt.

Section 36

The consignor must furnish information and documents necessary to meet the formalities of customs, police and any other similar public authorizes before the cargo can be delivered to the consignee. The consignor shall be liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

Section 37

The carrier shall be liable for damage sustained in the event of destruction or loss of, or of damage to cargo upon the condition only that the event which caused the damage so sustained took place during the carriage by air. The carrier shall not be liable if it proves that the destruction, or loss of, or damage to, the cargo resulted from one of the followings:
  1. inherent defect quality or vice of that cargo;
  2. defective packing of that cargo performed by a person other than the carrier or its servants or agents;
  3. an act of war or an armed conflict;
  4. an act of public authority carried out.
The carriage by air under this section shall include the period during which the cargo is in the charge of the carrier. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport except the followings:
  1. such carriage by land, by sea or by inland waterway takes place in the performance of a contract for carriage by air for the purpose of loading, delivery or transshipment. In such case, it shall be presumed that the damage resulted from the event which took place during the carriage by air except if it can be proved otherwise;
  2. the carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.

Section 38

The provisions in section 12 shall apply to the liability of the carrier for the damage resulted in the event of delay mutatis mutandis.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Section 39

Liability of the carrier in the case of destruction, loss, damage or delay is limited to nineteen Special Drawing Rights per kilogramme unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum.

In the case where the consignor has made a special declaration and paid a supplementary sum under paragraph one, the carrier will be liable to pay a sum not exceeding the declared sum unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.

Section 40

In the case of destruction, loss, damage, or delay of part of the cargo or any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the package or packages which is of destruction, loss, damage or delay as the case may be.

In the case of destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or by the same receipt or the same record by any other means as prescribed under section 24 paragraph two, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability of the carrier.

Section 41

The limit of liability under section 39 shall not affect the Ruling of the Court on the court fee and prosecution expense including interest to the plaintiff.

The provision in paragraph one shall not apply if the amount of the damages awarded does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action and in sum the plaintiff received shall not exceed the limit of liability prescribed in section 39.

Section 42

Any clause on carriage of cargo which aims to exonerate the carrier from being liable or aims to limit liability to be lower than the provisions in this Act shall be deemed to be void and null and nullity of such clause shall not render the whole contract void and the contract shall be valid under this Act.

Section 43

In the case where an action is brought against a servant or agent of the carrier arising out of damage under this Act in relation to the carriage of cargo, if the servant or agent of the carrier proves that they acted within the scope of their employment, the servant or agent of the carrier is entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Act.

The aggregate of the amounts recoverable from the carrier, its servant and agent shall not exceed the said limit of liability.

Section 44

In the case where the person entitled to receive the cargo without complaint, he or she is deemed to be prima facie evidence that there has been the delivery of cargo in good condition in accordance with the air waybill or the cargo receipt or by any other means which preserves the record of the cargo in section 24 paragraph two.

In the case where the damage occurred to the cargo, the person entitled to delivery shall complain, in writing, to the carrier immediately after the damage was found and the latest within fourteen days as from the date on which the cargo was delivered.

In the case of delay in carriage, the person entitled to delivery shall complain in writing to the carrier within twenty one days as from the date on which the cargo was delivered.

In the case where the person entitled to claim cargo does not complain within the time period specified in paragraph two or paragraph three, the carrier cannot be sued expect in the case of fraud of the carrier.

Section 45

In the case of carriage to be performed by various successive carriers which constitutes a single carriage and is not divided under section 4 paragraph three, each carrier shall be under the provision of this Act and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of carriage which is performed under its supervision.

In the case of carriage under paragraph one, the consignor will have a right of action against the first carrier and the consignee entitled to delivery will have a right of action against the last carriers and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage, or delay took place. These carriers will be jointly and severally liable to the consignor or the consignee.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Chapter 3: Combined Carriage

Section 46

Subject to the provision of section 37 paragraph four, in the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Act shall apply only to the carriage by air.

Chapter 4: Carriage by Air Performed by a Person other than the Contracting Carrier

Section 47

The provisions of this Chapter apply when a person who is the contracting carrier as a principal makes a contract of carriage governed by this Act with a passenger or consignor or with a person acting on behalf of the passenger or consignor and the actual carrier, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Act. Such authority shall be presumed in the absence of proof to the contrary.

Section 48

If an actual carrier performs the whole of part of carriage which is governed by section 47, both the contracting carrier and the actual carrier shall be under this Act. The contracting party shall be liable for the whole carriage as aimed in the contract while the actual carrier shall be liable for the part performed by it, except as otherwise provided in this Chapter.

Section 49

The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also the acts and omissions of the contracting party. In the case of carriage performed by the actual carrier, the acts and omissions of the contracting carrier and those of its servants and agents of the contracting carrier acting within the scope of their employment shall also be deemed to be the acts and omissions of the actual carrier. Nevertheless, no such act or commission shall subject the actual carrier to liability exceeding the amounts referred to in this Act. Any special agreement under which the contracting carrier assumes obligations not imposed by this Act or any waiver of rights or defences conferred in this Act or any special declaration of interest in delivery at destination contemplated in section 16 and section 39 shall not affect the actual carrier unless agreed to by it.

Section 50

Any complaint to be made or interaction to be given under this Act to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instruction referred to in section 32 shall only be effective if addressed to the contracting carrier.

Section 51

In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Act to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that the limit of liability cannot be invoked in accordance with this Act.

Section 52

In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Act but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person.

Section 53

Any provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or tending to fix a lower limit than that which is applicable according to this Chapter shall be void and null but the nullity of any such provision does not involve the nullity of the whole contract and the contract shall remain subject to this Chapter.

Section 54

An action for damages in relation to carriage of the passenger, baggage and cargo, regardless of the cause of action under this Act, debt under the contract, obligation from tort or other obligations, shall be brought, subject to conditions and limit of liability provided in this Act. The plaintiff shall not be awarded with punitive damage or any other damages which is compensation from the action under paragraph one.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Chapter 5: Claim for Damages

Section 54

An action for damages in relation to carriage of the passenger, baggage and cargo, regardless of the cause of action under this Act, debt under the contract, obligation from tort or other obligations, shall be brought, subject to conditions and limit of liability provided in this Act.

The plaintiff shall not be awarded with punitive damage or any other damages which is compensation from the action under paragraph one.

Section 55

The right to damages shall be extinguished if an action is not brought within a period of two years, reckons from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived or from the date on which the carriage stopped, as the case may be.

Section 56

In the case of an action brought under this Act, the conversion of Special Drawing Right to Thai Baht shall be calculated as from the date that the Court delivered its judgment in accordance with the method of valuation prescribed by the Bank of Thailand.

Chapter 6: Domestic Carriage by Air

Section 57

The provisions in this Act shall apply to domestic carriage by air mutatis mutandis.

Section 58

Cases on domestic carriage by air shall fall within the jurisdiction of the Intellectual Property and International Trade Court.

Transitory Provision

Section 59

Cases on domestic carriage which are in consideration of the Court before this Act has come into force shall be continued to be considered and complete by such Court and it shall be deemed that such cases are not air carriage cases under this Act.

Countersigned by:
General Prayut Chan-O-cha
Prime Minister

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Southeast Asia Treaty of Amity

Treaty of Amity and Cooperation in Southeast Asia

Indonesia, 24 February 1976

The High Contracting Parties:

CONSCIOUS of the existing ties of history, geography and culture, which have bound their peoples together;

ANXIOUS to promote regional peace and stability through abiding respect for justice and the rule or law and enhancing regional resilience in their relations;

DESIRING to enhance peace, friendship and mutual cooperation on matters affecting Southeast Asia consistent with the spirit and principles of the Charter of the United Nations, the Ten Principles adopted by the Asian-African Conference in Bandung on 25 April 1955, the Declaration of the Association of Southeast Asian Nations signed in Bangkok on 8 August 1967, and the Declaration signed in Kuala Lumpur on 27 November 1971;

CONVINCED that the settlement of differences or disputes between their countries should be regulated by rational, effective and sufficiently flexible procedures, avoiding negative attitudes which might endanger or hinder cooperation;

BELIEVING in the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;

SOLEMNLY AGREE to enter into a Treaty of Amity and Cooperation as follows:

Chapter 1: Purpose and Principles

Article 1

The purpose of this Treaty is to promote perpetual peace, everlasting amity and cooperation among their peoples which would contribute to their strength, solidarity and closer relationship;

Article 2

In their relations with one another, the High Contracting Parties shall be guided by the following fundamental principles:

  1. Mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations;
  2. The right of every State to lead its national existence free from external interference, subversion or coercion;
  3. Non-interference in the internal affairs of one another;
  4. Settlement of differences or disputes by peaceful means;
  5. Renunciation of the threat or use of force;
  6. Effective cooperation among themselves.

Chapter 2: Amity

Article 3

In pursuance of the purpose of this Treaty the High Contracting Parties shall endeavor to develop and strengthen the traditional, cultural and historical ties of friendship, good neighbourliness and cooperation which bind them together and shall fulfill in good faith the obligations assumed under this Treaty. In order to promote closer understanding among them, the High Contracting Parties shall encourage and facilitate contact and intercourse among their peoples.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Chapter 3: Cooperation

Article 4

The High Contracting Parties shall promote active cooperation in the economic, social, technical, scientific and administrative fields as well as in matters of common ideals and aspiration of international peace and stability in the region and all other matters of common interest.

Article 5

Pursuant to Article 4 the High Contracting Parties shall exert their maximum efforts multilaterally as well as bilaterally on the basis of equality, non-discrimination and mutual benefit.

Article 6

The High Contracting Parties shall collaborate for the acceleration of the economic growth in the region in order to strengthen the foundation for a prosperous and peaceful community of nations in Southeast Asia. To this end, they shall promote the greater utilization of their agriculture and industries, the expansion of their trade and the improvement of their economic infrastructure for the mutual benefit of their peoples. In this regard, they shall continue to explore all avenues for close and beneficial cooperation with other States as well as international and regional organisations outside the region.

Article 7

The High Contracting Parties, in order to achieve social justice and to raise the standards of living of the peoples of the region, shall intensify economic cooperation. For this purpose, they shall adopt appropriate regional strategies for economic development and mutual assistance.

Article 8

The High Contracting Parties shall strive to achieve the closest cooperation on the widest scale and shall seek to provide assistance to one another in the form of training and research facilities in the social, cultural, technical, scientific and administrative fields.

Article 9

The High Contracting Parties shall endeavour to foster cooperation in the furtherance of the cause of peace, harmony, and stability in the region. To this end, the High Contracting Parties shall maintain regular contacts and consultations with one another on international and regional matters with a view to coordinating their views actions and policies.

Article 10

Each High Contracting Parties shall not in any manner of form participate in any activity which shall constitute a treat to the political and economic stability, sovereignty, or territorial integrity of another High Contracting Party.

Article 11

The High Contracting Parties shall endeavour to strengthen their respective national resilience in their political, economic, sociocultural as well as security fields in conformity with their respective ideals and aspirations, free from external interference as well as internal subversive activities in order to preserve their respective national identities.

Article 12

The High Contracting Parties in their efforts to achieve regional prosperity and security, shall endeavour to cooperate in all fields for the promotion of regional resilience, based on the principles of self-confidence, self-reliance, mutual respect, cooperation of solidarity which will constitute the foundation for a strong and viable community of nations in Southeast Asia.

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

Chapter 4: Pacific Settlement of Disputes

Article 13

The High Contracting Parties shall have the determination and good faith to prevent disputes from arising. In case disputes on matters directly affecting them shall refrain from the threat or use of force and shall at all times settle such disputes among themselves through friendly negotiations.

Article 14

To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing body, a High Council comprising a Representative at ministerial level from each of the High Contracting Parties to take cognizance of the existence of disputes or situations likely to disturb regional peace and harmony.

Article 15

In the event no solution is reached through direct negotiations, the High Council shall take cognizance of the dispute or the situation and shall recommend to the parties in dispute appropriate means of settlement such as good offices, mediation, inquiry or conciliation. The High Council may however offer its good offices, or upon agreement of the parties in dispute, constitute itself into a committee of mediation, inquiry or conciliation. When deemed necessary, the High Council shall recommend appropriate measures for the prevention of a deterioration of the dispute or the situation.

Article 16

The foregoing provision of this Chapter shall not apply to a dispute unless all the parties to the dispute agree to their application to that dispute. However, this shall not preclude the other High Contracting Parties not party to the dispute from offering all possible assistance to settle the said dispute. Parties to the dispute should be well disposed towards such offers of assistance.

Article 17

Nothing in this Treaty shall preclude recourse to the modes of peaceful settlement contained in Article 33(l) of the Charter of the United Nations. The High Contracting Parties which are parties to a dispute should be encouraged to take initiatives to solve it by friendly negotiations before resorting to the other procedures provided for in the Charter of the United Nations.

Chapter 5: General Provision

Article 18

This Treaty shall be signed by the Republic of Indonesia, Malaysia, theRepublic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the constitutional procedures of each signatory State. It shall be open for accession by other States in Southeast Asia.

Article 19

This Treaty shall enter into force on the date of the deposit of the fifth instrument of ratification with the Governments of the signatory States which are designated Depositories of this Treaty and the instruments of ratification or accession.

Article 20

This Treaty is drawn up in the official languages of the High Contracting Parties, all of which are equally authoritative. There shall be an agreed common translation of the texts in the English language. Any divergent interpretation of the common text shall be settled by negotiation.

IN FAITH THEREOF the High Contracting Parties have signed the Treaty and have hereto affixed their Seals.

DONE at Denpasar, Bali, this twenty-fourth day of February in the year one thousand nine hundred and seventy-six.

For the Republic of Indonesia:
SOEHARTO
President

For Malaysia:
DATUK HUSEIN ONN
Prime Minister

For the Republic of the Philippines:
FERDINAND E. MARCOS
President

For the Republic of Singapore:
LEE KUAN YEW
Prime Minister

For the Kingdom of Thailand:
KUKRIT PRAMOJ
Prime Minister

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

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