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Section 26. The Committee has the authority as prescribed in this Act and shall have the following duties:
(1) Advising, recommending or giving opinions to the Minister on the enactment of royal decrees and issuance of ministerial regulations under this Act or the prescription of business category and business operation locality of the aliens under Section 7 or the application for the Cabinet's approval under Section 8(2).
(2) Studying, compiling, and preparing reports on the alien business operation in Thailand including the impacts and appropriateness thereof, for presentations to the Minister from time to time but it shall not be less than once a year.
(3) Advising, recommending or giving opinions to the Minister on other matters as he may assign.Section 27. In holding the meetings of the Committee, at least one half of the total number of Committee members shall be present in order to constitute a quorum. If the Chairperson is not present or is unable to perform the duty, the Committee members attending the meeting shall elect one Committee member to preside over the meeting.
The decision of the meeting shall be taken by majority vote. One Committee member shall have one vote. In case of equality of the votes, the Chairperson of the meeting shall be entitled to a casting vote.Section 28. The Committee shall be entitled to appoint subcommittees to consider or undertake any task assigned by the Committee and Section 27 shall apply to the meetings of the subcommittees mutatis mutandis.
Section 29. The Commercial Registration Department, Ministry of Commerce, shall act as the Secretary Office of the Committee and shall have the following authority;
(1) Performing work in accordance with the resolutions of the Committee or as assigned by the Committee;
(2) Presenting opinions to the Committee regarding the foreign business operation in Thailand for the benefit of the study, information compilation, and preparation of reports to the Minister; and
(3) Performing general administrative work of the Commitee.Section 30. The Registrars and the Competent Officials shall have the authority:
(1) To inquire in writing or summon any person for explanation of any facts, including submissions of documents or evidence necessary for verification of the facts;
(2) To enter the place where the foreigners operate the business during business hours to inspect and ensure the compliance with this Act provided an approval in writing must first be obtained from the Director-General except in case of utmost emergency. In performing the duty, they shall have the authority to inquire the facts or demand and documents or evidence necessary for the examination of the facts from the persons staying in the said place.
In performing the duty under (2), the proprietor or the possessor of the place shall reasonably assist the registrars and the competent officials. In this regard, the registrars and the competent officials shall not act in a threatening manner or in a searching manner under the Criminal Procedure Code and shall give a notice in writing to the proprietor or the possessor of the place not less than three days in advance, except in case of utmost emergency and, upon the completion of the duty, a written report of the result shall promptly be made to the Minister.Section 31. If any person requests an examination or copy of the documents or requests the registrars to make copies or photocopies together with a certification thereof or requests the registrars to certify the statements kept by the registrar, the registrar shall rapidly grant a permission, except where the documents by its nature are prohibited by law governing official information or other laws from being disclosed. The applicant shall pay the fees as prescribed in the ministerial regulations.
Section 32. The competent officials must have identity cards in accordance with the form prescribed in the ministerial regulations. In carrying out the duty, the competent officials must present the identity cards to the persons concerned.
Section 33. In carrying out the duty under this Act, the Committee members, the Director-General, the registrars, the competent officials, and the persons carrying out the duty jointly with the competent officials shall be the competent officials under the Criminal Code.
Section 34. Any foreigner granted with the license or certificate whose license being suspended or revoked or being ordered to stop the licensed business operation and having lost the right to appeal or being ordered by the Minister with a final decision to suspend or revoke the license or to stop the business operation still carries on the business operation shall be punishable with an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both, and also a fine of 10,000 Baht per day throughout the period of violation.
Section 35. Any foreigner, being granted the license to operate any business under this Act, takes part in a business owned by other foreigners not permitted to operate the business under this Act or operated the business jointly owned by such other foreigners by showing that he is the sole owner of the business in order for such other foreigners to avoid or violate the provisions of this Act, shall be punished with an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both and the Court shall order the dissolution of such joint business or business operation. Any violation of the Court's order, it is punishable with a fine of 10,000 Baht to 50,000 Baht per day throughout the period of violation.
Section 36. Any Thai national or juristic person that is not a foreigner under this Act, aiding or abetting or taking part in the business operation of the foreigners whose business falls under the Lists attached hereto and the aliens are not permitted to operate the business or taking part in the business operation of the foreigner by showing that he or it is the sole owner of the business or holding shares on behalf of the foreigners in any partnership or limited company or juristic person in order for the foreigners to operate the business in avoidance of or violation to the provisions of this Act, including the foreigners allowing Thai nationals or juristic persons that are not foreigners under this Act to do so, shall be punished with an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both and the Court shall order a stoppage of the aiding or abetting or order a stoppage of the joint business operation or order a stoppage of share holding or a cessation of the partnership as the case may be. Violators of the Court's order shall be subject to a punishment with a fine of 10,000 Baht to 50,000 Baht per day throughout the period of violation.
Section 37. Any foreigner who operates a business in violation of Section 6, Section 7, and Section 8 shall be punishable with an imprisonment of not exceeding three years or a fine from 100,000 Baht to 1,000,000 Baht or both and the Court shall order a stoppage of the business operation or the dissolution of the business or order a cessation of the shareholding or partnership as the case may be. Violator of the Court's order shall be subject to punishment with a fine of 10,000 Baht to 50,000 Baht per day throughout the period of violation
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