INVESTMENT FOREIGN OWNERSHIP
Foreign investors rip into FBA draft again
WORANUJ MANEERUNGSEE
The foreign business community in Thailand is disappointed with the cabinet's latest version of the foreign business ownership law, saying the government did not listen to investor concerns. On Tuesday, the cabinet endorsed revisions to the Foreign Business Act (FBA) that were more relaxed than those proposed by the National Legislative Assembly.
However, the latest version of the Act increases fines five-fold to up to five million baht. In addition, the cabinet exempted businesses in the telecommunications, retail and hotel sectors from the FBA rules, under the principle that these businesses operated under their own separate laws.
It also keeps the grandfather clause for List 3, and allows foreign investors to retain management control.
''That is a small improvement,'' said Paul Strunk, executive director of the German-Thai Chamber of Commerce.
Mr Strunk stressed that a major concern of foreign investors was broadening the definition of a foreign company, which would take voting rights into account instead of simply shareholdings. Foreign investors came to Thailand for doing business, and wanted to be treated the same way as Thais, he added.
Concentrating on voting rights was a move in the wrong direction, he said, adding that Thailand had already sent many negative signals to the world last year, from Parliament dissolution to foreign ownership control.
''If the government does not want to listen to foreign investors, let it go ahead and see what would happen later in the year,'' he said. ''We are running out of ideas to make them listen to us.''
Mr Strunk said existing foreign firms were unlikely to leave Thailand, but new foreign investors would not come.
Peter Van Haren, president of the Joint Foreign Chambers of Commerce (JFCC), also expressed disappointment.
''We are very disappointed. The government won't listen to investors' concerns,'' he said from Europe.
''[Foreign investors] are quickly shifting to other countries like Vietnam for investment considerations.''