Foreign Business Act
B.E. 2542 (1999)
(continued)
Section 38. Any foreigner who operates the business in violation of Section 14 or in violation of the conditions under Section 18 (3) shall be subject to a punishment with a fine from 100,000 Baht to 1,000,000 Baht and a fine of 10,000 Baht to 50,000 Baht per day throughout the period of violation.
Section 39. Any licensee or certificate grantee not complying with paragraph two or paragraph three of Section 21 shall be subject to a punishment with a fine of not exceeding 5,000 Baht.
Section 40. Any person, not complying with the inquiry letters or summons of the registrars or competent officials or not giving facts or not submitting documents or evidence upon being inquired or summoned for examination by the registrars or competent officials or not assisting the registrars or competent officials under Section 30 without due reasons or violating Section 22 shall be subject to a punishment with a fine of not exceeding 5,000 Baht.
Section 41. In the case where the juristic person commits the offense under Section 35, Section 36, and Section 37, the directors, partners or persons authorized to act on behalf of juristic person collaborate with such offense or do not reasonably manage to prevent such offense shall be subject to an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both.
Section 42. In case of the offenses under Section 39 and Section 40, the Director-General or the persons assigned by the Director-General shall be empowered to settle the case by fining. Upon the accused having paid the fine in accordance with the amount settled by the Director-General or his assignees within 30 days of the date of settlement, such case shall be settled.
Section 43. All royal decrees, ministerial regulations, notifications, and orders being in force on the date this Act becomes effective shall still be in effect to the extent that they are not conflicting with or are contradictory to the provisions of this Act until the royal decrees, ministerial regulations, notifications, and orders issued under this Act are in effect.
Section 44. The foreigners, being granted with the rights or permitted to operate the business under Announcement No. 281 of the National Executive Council dated November 24, 1972 prior to this Act coming into force, shall be entitled or permitted to continue the operation of the business in accordance with the conditions and periods stated in the granted rights or permits.
Section 45. Foreigners who have been operating the businesses prescribed in the Lists attached hereto on the date on which this Act comes into force and the businesses did not fall within any of lists attached to Notification No. 281 of the National Executive Council dated November 24, 1972 and wish to continue operating the businesses shall notify the Director-General in order to obtain a certificate in accordance with the rules and procedures described in Section 11 within one year of the date on which this Act comes into force. While the foreigners have not obtained the certificates, they shall not be treated as foreigners who operate the businesses without permission under this Act.
Section 46. The Minister of Commerce shall be in charge and control of this Act and shall be empowered to appoint the registrars and competent officials and to issue the ministerial regulations prescribing the fees within the limits of the rates attached hereto as well as to give fee exemption and to designate other business to implement this Act.
The ministerial regulations shall come into force following publication in the Government Gazette.
Countersigned:
Chuan Leekpai
Prime Minister
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