Legal services, tax structuring, and transaction support services for import, export, and trade businesses
PUGNATORIUS Ltd. is the Bangkok-based specialist provider of transactional legal and tax advice on foreign investments in Thailand’s manufacturing and service industries as well as property developments and acquisitions. The law firm advises on a broad scope of aspects of import and export of goods. This includes legal advice and transaction support on customs, including classification and quotas; customs valuation, country of origin issues, applications for repayment or remission of duties, waiver or mitigation of penalties, and appeals against customs decisions.
Cross-border trade is in Thailand a highly regulated industry. Thailand’s Export and Import of Goods Act and its various regulations and decrees provide a complex framework for measures and requirements for economic stability, public benefit, public health, national security, public orders or good morals, or other benefits in the land of smile. Professional legal advice is also required to overcome commercial obstacles related to market access and import and export-related difficulties that result from government intervention and market regulations worldwide.
Import and export licenses: The application for and the granting of import and export licenses has to be in accordance and strict compliance with the rules, procedures, and conditions prescribed by the Ministerial Regulations. Currently, more than 50 categories of goods require an import license – this list is frequently modified by ministry notifications. PUGNATORIUS Ltd. owns a paperless customs license for import to Thailand. All and export and import clearance tasks are done in cooperation with the client’s customs agent or the law firm’s tested and proven cooperation partner.
Professional services for import, export, and trade
With respect to import, export, and trade, the law firm provides professional services particularly in these areas:
#1. Company formation: Support and assistance in the set-up of Thai companies for import, export, trade in compliance with Thailand’s Foreign Business Act.
#2. Cross-border trade structure: Design of the commercial structure in Thailand and abroad, advice on INCOTERMS and similar trade terms and key elements of international contracts of sale.
#3. FTA: Advice, structuring, and applications under Thailand and ASEAN Free Trade Agreement framework, Rules of Origin and Generalized Systems of Preferences legislation, application for Certificate of Origin
#4. Licensing: Applying on import and export licenses and other business licenses for the operating of the import/export venture.
#5. Trade documents: Drafting and negotiation of the commercial agreements with suppliers, shipping companies, customers. Bill of lading (B/L) or air waybill, packing list, certificate of origin, other relevant documents as the list of ingredients, technical standards certificates.
#6. Taxation: Handling of all import/export-related tax issues including VAT and Excise Tax.
#7. Financing: Legal advice and transaction support on export financing.
Each case is different. Telephone inquiries and ad-hoc email requests on Thailand’s legal and regulatory framework without details and documentation are not accepted by the law firm. Individual support and professional advice are available under a paid consultancy agreement only.