Import prohibited goods
- Document symbol
- G/LIC/N/3/THA/10
- Original language
- English
- Published on
- 19/11/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
According to Section 5 of the Export and Import Act B.E.2522 (1979), the Minister of Commerce with the approval of the Cabinet has the authority to publish notifications in the Government Gazette to ban, to require for the permission, to prescribe any categories/kinds/qualities/standards/ quantities/brands/origins/special fees, etc., of any import and export goods, in any cases where it is necessary, for economic stability, public health, national security, peace and order, good morals or any other interests of the state.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import prohibited goods:
(a) Electrical and mechanical operating games;
(b) Counterfeit Goods and Pirated Goods;
(c) Re-treaded or used pneumatic tyres of rubber (for cars, motorcycles, bicycles);
(d) Waste, parings and scrap of rubber of cars, buses/trucks, motorcycles and bicycles;
(e) Bodies of used motor vehicles including cabs and chassis thereof, and frames of used motorcycles excluding those of a cylinder capacity not exceeding 50cc and forks and wheels with diameters not over ten inches;
(f) Used tractors excluding used road tractors for semi-trailers and used tractors for agricultural use;
(g) Used motor vehicles for the transport of ten or more persons, including the driver;
(h) Used motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars, excluding used ambulance;
(i) Used motor vehicles for the transport of goods;
(j) Used antiques motor vehicles of an age exceeding 100 years;
(k) Ceramic food containers and metal-coated food containers which amount of lead or cadmium exceeds the specified amount; and
(l) Used motorcycles.
Absolutely prohibited goods:
(a) Household refrigerator, combined refrigerator-freezer utilizing CFC in the production process;
(b) Used engines, parts and accessories of motorcycles of a cylinder capacity not exceeding 50cc and wheels with diameters not over ten inches;
(c) Timber Logs through customs checkpoint in Kanchanaburi, Tak and Mae Hong Son, Processed Wood (through customs checkpoint in Mae Hong Son) and Timber Logs of Phayung, Processed Wood of Phayung and Wooden Artefacts made from Phayung (Dalbergia) Wood from Cambodia and Lao PDR;
(d) Baraku/Shisha, electronic cigarette and Baraku including Heat-not-burn tobacco product;
(e) HCFC - 22 based air conditioning equipment with cooling capacity under 50,000 BTU/hr;
(f) Municipal waste; and
(g) E – Waste.
Q3. The system applies to goods originating in and coming from which countries?
Thailand has no discriminatory policy regarding the country of origin of the imported commodities.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The licensing system is not intended to restrict the quantity or value of imports. The purposes of utilizing import licensing procedures are necessary to:
Import prohibited goods:
(a) Electrical and mechanical operating games to protect public morals and national security;
(b) Counterfeit Goods and Pirated Goods to protect intellectual property;
(c) Re-treaded or used pneumatic tyres of rubber (for cars, motorcycles, bicycles) to protect human life, public health and the environment;
(d) Waste, parings and scrap of rubber of cars, buses/trucks, motorcycles and bicycles to protect human life, public health and the environment;
(e) Bodies of used motor vehicles including cabs and chassis thereof, and frames of used motorcycles excluding those of a cylinder capacity not exceeding 50 cc and forks and wheels with diameters not over ten inches to protect human health and national security;
(f) Used tractors excluding used road tractors for semi-trailers and used tractors for agricultural use to protect public safety and environmental conservation;
(g) Used motor vehicles for the transport of ten or more persons, including the driver to protect public safety and environmental conservation;
(h) Used motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars, excluding used ambulance to protect public safety and environmental conservation;
(i) Used motor vehicles for the transport of goods to protect public safety and environmental conservation;
(j) Used antiques motor vehicles of an age exceeding 100 years to protect public safety and environmental conservation;
(k) Ceramic food containers and metal-coated food containers which amount of lead or cadmium exceeds the specified amount to protect public health;
(l) Used motorcycles to Protect human, animal or plant life and health; protect environment.
Absolutely prohibited goods:
(a) Household refrigerator, combined refrigerator-freezer utilizing CFC in the production process to protect public health and environment;
(b) Used engines, parts and accessories of motorcycles of a cylinder capacity not exceeding 50 cc and wheels with diameters not over ten inches to protect human life or public health and safety;
(c) Timber Logs through customs checkpoint in Kanchanaburi, Tak and Mae Hong Son, Processed Wood (through customs checkpoint in Mae Hong Son) and Timber Logs of Phayung, Processed Wood of Phayung and Wooden Artefacts made from Phayung (Dalbergia) Wood from Cambodia and Lao PDR to protect natural resources;
(d) Baraku/Shisha, electronic cigarette and Baraku including Heat-not-burn tobacco product to protect public health, public morals and national security;
(e) HCFC - 22 based air conditioning equipment with cooling capacity under 50,000 BTU/hr to protect the environment, public health, human life and to comply with Montreal Protocol;
(f) Municipal waste to protect the environment, public health and human life; and
(g) E – Waste to protect the environment, public health and human life.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The licensing system is a statutory requirement of the Export and Import Act B.E.2522 (1979),
Import prohibited goods:
(a) Electrical and mechanical operating games - Notification of the Ministry of Commerce Regarding the Importation of Game Machines into the Kingdom of Thailand B.E. 2548 (2005) (dated 19 July 2005);
(b) Counterfeit Goods and Pirated Goods - Notification of Ministry of Commerce on Determination of Counterfeit Goods and Pirated Goods as Goods Prohibited from Export, Import, and Bringing in Transit B.E. 2565 (2022) (dated 30 April 2022);
(c) Re-treaded or used pneumatic tyres of rubber (for cars, motorcycles, bicycles) - Notification of the Ministry of Commerce Regarding the Determination of Used Tires as Prohibited Goods or Subject to Licensing Requirements and Compliance with Measures on Regulation of Import into the Kingdom of Thailand B.E. 2556(2013) (dated 16 August 2013);
(d) Waste, parings and scrap of rubber of cars, buses/trucks, motorcycles and bicycles - Notification of the Ministry of Commerce Regarding the Determination of Used Tires as Prohibited Goods or Subject to Licensing Requirements and Compliance with Measures on Regulation of Import into the Kingdom of Thailand B.E. 2556 (2013) (dated 16 August 2013);
(e) Bodies of used motor vehicles including cabs and chassis thereof, and frames of used motorcycles excluding those of a cylinder capacity not exceeding 50 cc and forks and wheels with diameters not over ten inches - Notification of the Ministry of Commerce Regarding the Prohibition of Import of Used Motor Car Bodies and Used Motorcycle Frames into the Kingdom of Thailand B.E. 2555 (2012) (dated 27 June 2012) - Notification of the Ministry of Commerce Regarding the Prohibition of Import of Used Motor Car Bodies and Used Motorcycle Frames into the Kingdom of Thailand (No. 2) B.E. 2555 (2012) (dated 30 August 2012);
(f) Used tractors excluding used road tractors for semi-trailers and used tractors for agricultural use - Notification of the Ministry of Commerce Regarding the Determination of Used Motor Vehicles as Import Prohibited Goods or Subject to Licensing Requirements on Regulation of Import into the Kingdom of Thailand B.E. 2562 (2019) (dated 12 June 2019) - Notification of the Ministry of Commerce Regarding the Determination of Used Motor Vehicles as Import Prohibited Goods or Subject to Licensing Requirements on Regulation of Import into the Kingdom of Thailand (No. 2) B.E. 2562 (2019) (dated 4 December 2019);
(g) Used motor vehicles for the transport of ten or more persons, including the driver - Notification of the Ministry of Commerce Regarding the Determination of Used Motor Vehicles as Import Prohibited Goods or Subject to Licensing Requirements on Regulation of Import into the Kingdom of Thailand B.E. 2562 (2019) (dated 12 Jun 2019);
(h) Used motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars, excluding used ambulance - Notification of the Ministry of Commerce Regarding the Determination of Used Motor Vehicles as Import Prohibited Goods or Subject to Licensing Requirements on Regulation of Import into the Kingdom of Thailand B.E. 2562 (2019) (dated 12 Jun 2019);
(i) Used motor vehicles for the transport of goods - Notification of the Ministry of Commerce Regarding the Determination of Used Motor Vehicles as Import Prohibited Goods or Subject to Licensing Requirements on Regulation of Import into the Kingdom of Thailand B.E. 2562 (2019) (dated 12 Jun 2019);
(j) Used antiques motor vehicles of an age exceeding 100 hundred years - Notification of the Ministry of Commerce Regarding the Determination of Used Motor Vehicles as Import Prohibited Goods or Subject to Licensing Requirements on Regulation of Import into the Kingdom of Thailand B.E. 2562 (2019) (dated 12 June 2019);
(k) Ceramic food containers and metal-coated food containers - Notification of the Ministry of Commerce Establishing Ceramic Ware and Enamel ware as Prohibited Goods or Goods which require Health Certificate for Import into the Kingdom of Thailand B.E. 2551 (2008) (dated 8 August 2008); and
(l) Used motorcycles - Notification of the Ministry of Commerce Regarding the Prohibition of Import of Used Motorcycles into the Kingdom of Thailand B.E. 2564 (2021) (dated 27 July 2021).
Absolutely prohibited goods:
(a) Household refrigerator, combined refrigerator-freezer utilizing CFC in the production process.
Notification of the Ministry of Commerce Regarding the Prohibition of Import of Refrigerators, Water Coolers, Coolers or Freezers which are Cooling or Freezing Products Using CFCs (Chlorofluorocarbons) into the Kingdom of Thailand B.E. 2549 (2006) (dated 13 March 2006);
(b) Used engines, parts and accessories of motorcycles of a cylinder capacity not exceeding 50 cc and wheels with diameters not over ten inches - Notification of the Ministry of Commerce on Importation of Goods into the Kingdom of Thailand (No. 129) B.E. 2541 (1998) (dated 9 September 1998);
(c) Timber Logs through customs checkpoint in Kanchanaburi, Tak and Mae Hong Son, Processed Wood (through customs checkpoint in Mae Hong Son) and Timber Logs of Phayung, Processed Wood of Phayung and Wooden Artefacts made from Phayung (Dalbergia) Wood from Cambodia and Lao PDR - Notification of the Ministry of Commerce Regarding the Determination of Timer Logs, Processed Wood and Wooden Artefacts as a Prohibited Goods or Require Certificate for Import into the Kingdom of Thailand B.E. 2566 (2023) (dated 28 April 2023);
(d) Baraku/Shisha, electronic cigarette and Baraku including Heat-not-burn tobacco product - Notification of the Ministry of Commerce Regarding the Prohibition of Import of Baraku and Electronic Baraku or Electronic Cigarettes into the Kingdom of Thailand B.E. 2557 (2014) (dated 12 December 2014);
(e) HCFC - 22 based air conditioning equipment with cooling capacity under 50,000 BTU/hr - Notification of the Ministry of Commerce Regarding the Prohibition of Import of HCFC - 22 based air conditioning equipment with cooling capacity under 50,000 BTU/hr into the Kingdom of Thailand B.E. 2561 (2018) (dated 16 January 2018);
(f) Municipal waste - Notification of the Ministry of Commerce Regarding the Prohibition of Import into or transit through the Kingdom of Thailand of municipal waste B.E. 2562 (2019) (dated 29 May 2019); and
(g) E – Waste - Notification of the Ministry of Commerce Regarding the Import Prohibition of E – Waste into the Kingdom of Thailand B.E. 2563 (2020) (dated 11 August 2020).
The legislation leaves the designation of products to be licensed to administrative discretion under well-defined criteria. All import measures must be approved by the Cabinet before imposing the regulations.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
There is no certain period for advanced application of an import licence.
Q7.b. Can a licence be granted immediately on request?
The duration of granting license depends on types of product.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which an application for importation of import prohibited goods may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The importation of prohibited goods is considered by the Department of Foreign Trade and/or other authorities concerned.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
In general, there is no circumstance other than failure to meet the ordinary criteria under import control regulations. The reasons for any refusal will be given to the applicant. However, they will be given the right to appeal to the authorities concerned for reconsideration. The Ministry of Commerce and/or the Director-General of the Department of Foreign Trade and/or authorities appointed by the Ministry of Commerce are the final decision-makers.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Under the import prohibit goods, some person, firm or juristic person are eligible to apply for a licence as long as they meet the specific requirements.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Documentation and other requirements for application of import prohibited goods such as:
- Name and address of the importer;
- Business of the importer;
- Name and address of exporter/shipper;
- Country of origin;
- Means of transport;
- Description and amount of goods to be imported;
- Invoice/ Pro-forma invoice;
- Sales contract;
- Certificate of Import Permit;
- Approved document from authorities concerned;
- Other necessary documents;
- Bank guarantee (in case of re-exportation).
Q11. What documents are required upon actual importation?
At the time of actual importation, depending on types of import regulations, the import licence or registration number or notification number or relevant certificate must be presented to the customs at the port where the entry takes place.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
The guarantee deposit or advance payment in term of a bank guarantee, associated with the issue of licence exists only in cases of temporary import of used vehicles.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
If the products are also regulated by other government agencies, the importer must follow their measures as well.