Section
7: Section 41 of the Foreign Business Act of 1999
shall be repealed and replaced with the following:
"Section
41. In the case where the juristic person commits the offense
under Section 34, 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 the punishment stipulated under law for that offense."
Section
8: Juristic persons having registered in Thailand
that are not foreigners under the definition in the Foreign
Business Act of 1999 but are foreigners under the amended
definition in this act and conduct a type of business stipulated
in the Restricted Business Lists on the day in which this
Act goes into effect must alert the Director General within
one year after this Act goes into effect and request an authorization
certificate according to the rules that the Director General
stipulates if they wish to continue to conduct their business.
After receiving the Certificate of Authorization they are
permitted to conduct business according to the following conditions:
(1) If
a business under List Three, they shall be permitted to carry
out the business until they cease carrying out the business
(2) If a business under List One or List Two, they shall conduct
the business for two years from the day in which this act
goes into affect
If foreigners,
according to paragraph one, do not request an Authorization
Certificate within the stipulated period and continue to conduct
business in violation, or in the case of a business under
List One or List Two, continue to carry out business in violation
after the stipulated period of two years has elapsed then
they are considered to be conducting business without authority
and will be subject to punishment for their offense as stipulated
in the Foreign Business Act of 1999 as amended in this act.
Section
9: Persons in violation of Section 6, Section 7,
Section 8 having stipulated the punishments in Section 37
or in violation of Section 35 or Section 36 of the Foreign
Business Act of 1999 before the day in which this act goes
into effect if the said person alerts the Director General
following the rules and procedure that the Director General
stipulated within 90 days after this act goes into effect
and correct the business until it is not in violation of Section
6, Section 7, Section 8, Section 35, or Section 36 or cease
to conduct the business that is in violation of the above
sections within one year from the day that this piece of legislation
goes into effect then the said person will not be subject
to punishment stipulated for the given offense.
The legislation
in paragraph one does not apply to offenders under Section
6, Section 7, Section 8, Section 35 or Section 36 of the Foreign
Business Act of 1999 that is currently under investigation
or in the courts
Section
10: Item (18) of the Appended List Three of the Foreign
Business Act of 1999 shall be repealed.
Section
11: Items (13) (14) (15) and (21) of the appended
List Three of the Foreign Business Act of 1999 shall be repealed
and replaced with the following:
(13)
Domestic trade related to native products or produce not yet
prohibited by law except futures trading pursuant to the law
on agricultural futures trading when there is no delivery
of the products.
(14) Retailing of all categories of goods.
(15)
Wholesale trade of all categories of goods
(21) Other categories of service businesses except:
(a) service businesses that are related to futures trading
according to the law on agricultural futures trading
(b) securities, derivatives and like businesses according
to the law on securities and stock exchange
(c) commercial banking businesses pursuant to the law on commercial
banking
(d) financial and credit foncier businesses according to the
law on financial, securities and credit foncier businesses
(e) securities, derivatives, and related businesses as stipulated
by ministerial regulations.