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NOVEMBER & DECEMBER 2021 T-ABTHAI-AMERICAN BUSINESS INSIDE THIS ISSUE: MEETING WITH PRIME MINISTER H.E. GENERAL PRAYUT CHAN-O-CHA AMCHAM ANNOUNCES WINNERS CSR EXCELLENCE AWARDS THE GOVERNORS’ TABLES DINNER SERIES NEW MEMBERS NOVEMBER
2 3
Thai-American Business
Contents ISSN-T-A 0125-0191
November 2021 26
LETTERS
06 Executive Director 12
40 years of Erawan – driving Thailand’s progress and future
GOVERNMENT AFFAIRS
From the early days of Thailand’s energy landscape, when the square kilometers. As each small reservoir depletes fairly quickly
08 Meeting with Prime Minister nation had relied heavily on imported energy and petroleum when placed in production, a large number of wells are required
exploration and production was barely breaking ground, today to recover the gas to meet the output requirement stipulated in the
H.E. Prayut Chan-o-cha “Erawan”, Thailand’s first natural gas field, operated by Chevron concession agreement, maintaining the country’s energy security.
Thailand Exploration and Production, Ltd. has been powering
FEATURES MEMBER CONTRIBUTION Thailand through its supply of natural gas for 40 years, fueling Chevron overcame Erawan’s geological challenges by introducing
industry booms and driving economic growth nationwide as well technologies suitable for Thailand’s landscape including 3D seismic
34 Panda Kitchen & Bath Unveils New as cultivating homegrown energy professionals and laying a solid mapping, standard slim hole well drilling approach and remote
12 AMCHAM Thailand Announces Winners foundation for the future of the petroleum industry in Thailand. compressor package installation on wellhead platforms and sea water
Factory
for CSR Excellence Awards injection operations employed to increase recovery efficiency to
35 A Cool Co-Lab is Born! Discovering energy that fuels Thailand’s growth enable maximum efficiency with an appropriate capital investment
Erawan began the commercial in gas production while meeting international environmental and
16 Thailand’s Quest to Lead the Region in production of natural gas for the safety management system standards. Chevron’s innovative
Renewable Energy 35 BOONMA Joins the Net Zero Pledge first time on August 17, 1981 or 40 technologies and operation standards have been widely recognized
years ago. The production of first by relevant government agencies and have at the same time set
gas at Erawan has marked a new industry standards for other operators in the country.
TAX UPDATE EVENTS
era for the kingdom, where Thailand
is on the path to increasing energy Driving human progress with pride
20 Charging Forward: Thailand and Electric 36 An Update on Travel for Asia-Pacific security and energy independence. Offshore personnel working at Erawan and
Vehicles Erawan’s natural gas has been used to generate electricity for other fields in the Gulf of Thailand have at
households and the industrial sector, jumpstarting national times performed humanitarian missions,
38 Meet the Embassy & AGM
LEGAL UPDATES economic growth of both agricultural and industrial sector. The providing much-needed and often urgent
gas has also been served as feedstock for the petrochemical assistance to injured or ill fishermen, assisting
Riding the Waves: 40 Global Human Capital Trends Report industry and related industries leading to the development of the emergency childbirths at sea or rescuing
22 Eastern Seaboard of Thailand as a strategic and competitive base stranded shark whales and sea turtles. Most
The Post-Pandemic Workplace for key industries including the petrochemical industry, which recently, “Boonrod”, a dog found swimming
40 Franchising Law in Thailand helps maximize the value of natural gas delivered to the economic 220 kilometers off the coast of Thailand and
corridor, attracting domestic and foreign investment, creating later adopted by Chevron’s offshore employee, is the latest in a
26 Beyond the Law: employment opportunities, generating income for local communities long line of animals rescued by Chevron’s hard-working crews. In
41 PHIST 2021- Sustainable Asia RE-
Practical, Business-minded Steps to take and beyond. addition, Erawan crews and offshore personnel often spent weeks
defined during their off-duty breaks to take part in volunteer activities.
Following a Data Breach
41 Powering human energy that secures Thailand’s energy future Chevron employees' spirit of giving back reflects the company's
The Future of Alternative Protein Chevron has established the “Settapat Center” – a world-class long-standing core values and commitment to making a difference
IN THE SPOTLIGHT petroleum technician school with state-of-the-art training facilities in their communities.
– in 1980 in Songkhla to provide multi-skill training programs to
30 Ornkanya (Mook) Pibuldham 42 Trivia Night prepare high-potential personnel for their future missions at Chatit Huayhongtong, president of
Erawan. Over the past 40 years, the center has provided a series Chevron Thailand Exploration and
of oil and gas training programs for over 400,000 petroleum Production, Ltd., said “For 40 years,
32 Tim Bulow 42 Zoom & Brews: Craft Beverage Tasting professionals, who are now a key driving force behind the thriving natural gas from Erawan has been
energy industry in Thailand today. driving Thailand’s economic growth
44 and social prosperity. Erawan is without
The Governors’ Tables Dinner Series
Boonlom Sengsamran, former Erawan’s Offshore Installation a doubt a cornerstone of the country’s
Manager, was one of 45 Thai trainees selected to participate in petroleum exploration and production
46 Speed Networking Settapat Center’s first ever petroleum technician training industry, introducing cutting-edge
program. He said “At first, nearly all offshore personnel operating technology and innovations, building
at Erawan were foreign nationals. Thai personnel gained new knowledge and solutions while
NEW MEMBERS first-hand knowledge by working with them. Over time, more and consistently setting industry standards. Erawan is also a school
more Thai staff have been entrusted with key offshore roles. In nurturing a new breed of local talent, producing qualified personnel
48 New AMCHAM Members 2014, during my last year at Erawan, the majority of personnel are equipped for work in the oil and gas sector – a driving force
Thai. These qualified personnel are the result of Chevron’s continued behind the success of the industry. Our personnel also applied
development of homegrown talents.” their skills, experience and energy in volunteer activities,
DISCOUNTS strengthening their local communities and beyond. Erawan has
46 50 AMCHAM Affinity Program
Empowering energy that strives to overcome adversity
Due to the complex geology of the basins in the Gulf of Thailand,
including Erawan, the reserves are distributed in many small
built a proud and lasting legacy for all of us at Chevron in the past,
present and future.”
reservoirs of varying sizes across an area spanning over 4,500
4
AMCHAM BOARD OF GOVERNORS 2021 Letter from the Executive Director
PRESIDENT Dear Members,
Greg Wong, Agoda
As we draw close to Thanksgiving,
VICE PRESIDENTS
I find much to be grateful for, in
a month with many important
Greg Boudah, Spokes Jewelry Services
Kaveepan Eiamsakulrat, K.E. Group
milestones.
Tibor Pandi, Citibank
We welcomed H.E. General
TREASURER Prayut Chan-o-cha to address our
Aileen Chew, Mastercard membership last week, the first
time in many years AMCHAM has hosted a meeting with
SECRETARY a sitting Prime Minister. Over 400 members joined us on
Charles Blocker, IC Partners the call, and we are hoping to continue this engagement
with an in-person meeting early in 2022. If you missed the
GOVERNORS
meeting, please see here for press coverage of the event.
Adisak Jankamolkulchai, Esso
Arpaporn Samabhandhu, Johnson & Johnson
We also welcomed our members back in person at our
David Nardone, WHA
Governors’ Table Dinners. We’ve held two dinners in
George Hartel, Supara Group
Gregory Bastien, BorgWarner
November already, with two more dinners scheduled
Jeff Lehrmann, Chevron for December. There is a truly special energy at these
Rachel Davidson, Hilton & Doubletree gatherings, with all members excited to be seeing each
Sukhumvit Bangkok other face to face again. We look forward to hosting
Viboon Kromadit, Amata even more of you in Q1 of next year as we bring back in-
Nara Decharin, Baxter Healthcare person event favorites like our monthly luncheons, golf
tournaments, and more.
BOARD ADVISORS
David Lyman, Tilleke & Gibbins Last week we celebrated our 15th annual CSR Awards,
AMCHAM President in 1975, 1986 with a record 87 participating companies awarded CSR
Harold Vickery, Jr., Prem Tinsulanonda
Recognition. It has been a joy to see each of these
International School
deserving businesses celebrating their achievement
AMCHAM President in 1984
on social media. Special congratulations go to our
Jeff Nygaard, Seagate Technology
AMCHAM President 2017, 2018
special awards recipients: Dow Chemical for winning
the Ambassador’s Award for Excellence in Thai-U.S.
EXECUTIVE DIRECTOR Partnership and HSBC for winning the Thai Development
Heidi Gallant Award.
T-AB Magazine is a publication by The I’d like to thank our Community Projects Council for
American Chamber of Commerce in Thailand.
selecting 25 new scholarship recipients for the AMCHAM
7th Floor, GPF Witthayu Tower A Thailand Foundation (ATF). Even though this was another
93/1 Wireless Road, Bangkok, 10330 difficult year for ATF fundraising, we raised almost 1.5
Tel: =66 (0)2 254-1041 Fax =66 (0)2 251-1605
www.amchamthailand.com million baht. The Community Projects Council felt that this
year, more than ever, our scholarships for these young
Editorial Advisory Board:
Heidi Gallant, Harold Vickery, Jr.
people will mean the difference between continuing
their university education or dropping out of school all
Editorial Team:
Meagan Anderson, Varsha Wadhwani
together. Thank you to the Council and to all the members
for their donations and support.
Any opinions expressed in articles in
this magazine do not necessarily reflect
the views of the Chamber. Happy start to the holiday season!
T-AB Magazine welcomes contributions from AMCHAM
members. Articles may be reproduced with acknowledgement,
except those taken from other
7
sources.
GOVERNMENT AFFAIRS
Meeting with Prime
Minister H.E. General
Prayut Chan-o-cha
On November 18, 2021, the American Chamber of Commerce in Thailand (AMCHAM Thailand)
welcomed Prime Minister, H.E. General Prayut Chan-o-cha to virtually address the membership.
Photo provided by the Prime Minister’s Office
Photo provided by the Prime Minister’s Office
AMCHAM President Gregory Wong, Managing AMCHAM delegations to meet with the Prime
Director of Agoda, opened the meeting, Minister in person, as well as the three AMCHAM
welcoming the Prime Minister, and expressing Vice Presidents, Tibor Pandi, Country Head for
AMCHAM’s respect for the Prime Minister and Citibank; Kaveepan Eiamsakulrat, Executive
his government for skillfully guiding the nation Chairman of The KE Group; and Gregory Boudah,
through unprecedented challenges and working Owner and Managing Director of Spokes
tirelessly to address the urgencies of Covid-19 Jewelry Services, who represented AMCHAM
to protect all people living in the Kingdom. He members from multinational corporations,
further congratulated the Thai Government Thai corporations, and small and medium sized
for being open and agile, listening to advice enterprises, respectively.
and concerns from the private sector, and
adjusting policies to respond to the world with During the meeting, the Prime Minister
rapid technological change. AMCHAM President touched on the government’s efforts and major
Gregory later introduced the new AMCHAM achievements in addressing the pandemic
President for 2022, Jeffrey Nygaard, Executive and restoring the country’s economy. To
Vice President of Operations and Technology for create sustainable economic development, he
Seagate Technology, who will be leading future particularly emphasized the government’s policies Photo provided by the Prime Minister’s Office
8 9
on Bio-Circular-Green (BCG) Economic Model, Control Development, The Customs Department;
the importance of foreign direct investment, Ms. Breeyawan Sarakichpricha, Assistant
the enhancement of the digital economy, and Secretary-General to the Prime Minister; Ms.
Thailand’s hosting of the Asia-Pacific Economic Jaithai Upakarnitikaset, Deputy Director-General,
Cooperation (APEC) Summit in 2022. The Prime Department of American and South Pacific Affairs,
Minister was joined by the following officials, Ministry of Foreign Affairs; and Mr. Rachavitch
many of whom have already met with AMCHAM Piyapramote, Minister (Commercial), Permanent
delegations in 2021 on various topics of Representative of Thailand to the World
mutual consideration: H.E. Mr. Supattanapong Trade Organization and the World Intellectual
Punmeechaow, Deputy Prime Minister and Property Organization (Bangkok Office).
Minister of Energy; Mr. Distat Hotrakitya,
Secretary-General to the Prime Minister; Mrs. AMCHAM Treasurer Aileen Chew, Country
Natjaree Anuntasilpa, Secretary-General to the Manager of Mastercard, delivered AMCHAM’s
Cabinet; Ms. Duangjai Asawachintachit, Secretary sincerest appreciation for the Prime Minister’s
General, Thailand Board of Investment; Ms. consideration and attention to address AMCHAM
Onfa Vejjajiva, Secretary – General, Office of members, reiterating AMCHAM’s gratitude for
the Public Sector Development Commission; the Thai government for their effort in navigating
Mr. Anucha Burapachaisri , Deputy Secretary- the Kingdom through the pandemic, providing
General to the Prime Minister; and Mr. Thanakorn vaccination to both citizens and non-citizens. In
Wangboonkongchana, Government Spokesman; her closing remarks, she emphasized AMCHAM’s
M.L. Chayotid Kridakon, Advisor to the Deputy member commitments to investing in Thailand,
Prime Minister; Mr. Witchu Vejjajiva, Director- supporting the government’s policy framework,
General, Department of American and South and to be a resource for further development and
Pacific Affairs, Ministry of Foreign Affairs; Mr. contributing to the agenda of APEC in 2022. Photo provided by the Prime Minister’s Office
Chaiyut Kumkun, Principal Advisor on Customs
Photo provided by the Prime Minister’s Office
10 11
FEATURES
AMCHAM Thailand
Announces
Winners for CSR
Excellence Awards
November 10 - The American Chamber of high levels of employee involvement, and strong
Commerce in Thailand (AMCHAM) recognized strategic partnerships with Thai organizations.
87 companies at the 2021 Corporate Social The company mission must also align closely
Responsibility (CSR) Excellence Awards to honor with the goals of their CSR activities. Member
the CSR efforts of AMCHAM members in the companies are recognized with different tiers for Dow Chemical Thailand Ltd.
Kingdom. Chargé d’Affaires Michael Heath and consecutive years of achievement. Silver level: won the Ambassador’s Award.
AMCHAM President Greg Wong presided over 3 consecutive years, Gold level: 5 consecutive
the virtual awards ceremony and recognized years, and Platinum level: 10 consecutive years.
companies that demonstrate commitment to In addition, some member companies received Police Schools and to children and youth in AMCHAM member companies have donated over
conducting business responsibly and giving back special awards for individual CSR projects: Juvenile Observation and Protection Centers 200 million Baht in cash and product donations in
to local communities. under the Ministry of Justice. Presented by response to Covid-19. He congratulated member
• Dow Chemical Thailand Ltd. won The
Ambassador’s Award for Excellence in AMCHAM Government Affairs Director, Theeta companies for continuously responding to the
Chargé d’Affaires Michael Heath applauded the Hotrakitya, this award recognizes promotion urgent social, economic, and healthcare needs in
Thai-U.S. Partnership for their project, Low
U.S. private sector for its role in fostering U.S.-Thai of Covid-19 Socio-Economic Resilience. the Kingdom and for supporting the Royal Thai
Carbon Technology to Protect the Climate,
relationships through CSR efforts. He stressed Government throughout the pandemic.
for driving low-carbon technology from the
that “American businesses continue to engage AMCHAM President Greg Wong, Managing
U.S. to Thailand by introducing sustainable
in sustainable business practices and work with Director Agoda, highlighted the role of AMCHAM The AMCHAM CSR Excellence awards take place
innovations through their materials science
local communities, wherever they operate. They member companies in demonstrating Covid-19 in autumn each year. AMCHAM is proud of
expertise and collaboration with partners.
stand side-by-side with Thailand to fight Covid-19 socio-economic resilience. “Covid-19 revealed what member companies do to give back to the
Presented by Chargé d’Affaires Michael Heath,
and begin the process of economic recovery the fragility of our communities - and the power Kingdom and Thai society, making the business
this award recognizes a CSR project that
through ongoing investment in people, education, of giving. Today, we celebrate and thank the and social environment better for all. Throughout
promotes Thai-U.S. partnerships that bring
technology, and healthcare making a sustainable thousands of Thai and international volunteers the year, the CSR Committee shares these best
U.S. knowledge, expertise, or best practices to
and positive impact in the Kingdom.” from our membership who dedicated themselves practices with the membership, providing support
Thailand.
to CSR projects across the Kingdom. Through and resources for member companies who are
AMCHAM CSR Excellence Recognition is awarded • The Hongkong and Shanghai Banking volunteerism we express our love for Thailand and developing or improving their CSR strategies.
to AMCHAM member companies for their long- Corporation Limited won the Thai Development endeavor to become part of Thailand’s recovery Through the AMCHAM CSR Excellence Awards,
term efforts to support Thailand’s sustainable Award for their project Digital Tech Capability and brilliant future.” these companies are awarded for their long-
development. Qualifying companies have CSR Building for Vulnerable Youths, for providing term efforts to support Thailand’s sustainable
programs with measurable results that create rigorous and effective digital capability training In 2021, in addition to their regular CSR efforts, development.
both economic and social gains for a year or more, to students and teachers in the Border Patrol
The Hong Kong and Shanghai
Banking Corporation won the
Thai Development Award.
12 13
CSR 2021 Recognition List
ACE Platinum Award ACE Gold Award
• AIA • Amway
• Central Food Retail • Baxter Healthcare
• Chevron Exploration & Production • Bumrungrad Hospital
• Citibank • Cargill Siam
• Coca-Cola • Caterpillar
• Dow Chemical • Cisco Systems
• Esso • CoffeeWORKS
• FedEx Express • Colgate-Palmolive
• Ford • Conrad Bangkok
• GlaxoSmithKline • Diageo Moet Hennessy ACE Recognition
• Grand Hyatt Erawan Bangkok • IBM
• HSBC • Johnson & Johnson • Aditya Birla Group
• KFC Thailand • Kenan Foundation Asia • Bank of Ayudhya
• McThai • Laguna Resorts & Hotels • Berli Jucker
• Minor International • Marriott Hotels Thailand • BorgWarner PDS
• Pfizer • Mondelez International
• Cardinal Health 222
• Procter & Gamble Trading • MQDC
• Charoen Pokphand Group
• Santa Fe Relocation • Nu Skin
• Chevron Thailand
• Seagate Technology • Renaissance Bangkok
Ratchaprasong
• Cigna Insurance
• Standard Chartered Bank
• WHA Corporation • Robere & Associates • Conrad Koh Samui
• Samitivej Hospital • Constant Energy
• Shangri-La Hotel Bangkok • DKSH
• The Athenee Hotel • Equator Pure Nature
• Western Digital • International SOS Services
• Hilton Sukhumvit Bangkok
• HP Inc.
• Kudun & Partners
• Le Meridien Phuket Beach Resort
• Linfox Transport
• Movenpick BDMS Wellness Resort
• NIST International School
• Oracle Corporation
• PCS Security and
ACE Silver Award Facility Services
• American Axle & • Sanofi-Aventis
ACE Silver Award
Manufacturing • Sasin School of Management
• American
• BakerAxle &
& McKenzie • Spirax Sarco
• Bayer Thai
Manufacturing
• Diversey Hygiene
• Star Petroleum Refining AMCHAM is
• Baker & McKenzie • Supara Group
• •
BayerHerbalife
Thai International
• Thai Union Group proud of the CSR
• • Jeunesse
Diversey HygieneGlobal
• Tilleke & Gibbins International efforts of the member
• • MSD International
Herbalife
• Raja’sGlobal
Fashions • Tractus
• Jeunesse companies who
• •
MSD Refinitiv
• • T.C.C.
Raja’s Technology
Fashions contribute towards the
• • The
Refinitiv St. Regis Bangkok
• T.C.C. Technology Kingdom’s growth and
• The St. Regis Bangkok development
20
FEATURES
factor was needed to put the country on a serious
renewable trajectory.
The Right Profile
Thailand’s Quest Around the same time that Thailand’s natural
to Lead the Region in gas reserves started to prove inadequate for the
country’s energy needs, the Board of Investment
Renewable Energy published a highly insightful document that
showed the way forward on this issue. The
document noted that Thailand’s unusually
By Kudun Sukhumananda, Mayuree Sapsutthiporn, and Chai Lertvittayachaikul, favorable natural and geographical features
Kudun & Partners provided excellent means of renewable energy
production in terms of solar, wind, hydropower,
bioenergy (biomass, biogas, MSW), biofuels
(ethanol, biodiesel, new alternative diesel fuel), geographical attributes, these renewable sources
and new energy sources (tidal, geothermal). are spread out across a diverse range of energy
production methods, letting the country avoid
The document then outlined the path forward over-reliance on a single primary resource type.
that Thailand would soon embark upon to better
diversify and build a more sustainable energy This diversity provides an important measure
sector, in an effort that continues today and will of protection from seasonal fluctuations and
An increasing commitment to renewable energy which is committed to purchasing renewable be further expanded in the years to come. other challenges, ensuring a dependable stream
has Thailand on course to become a sustainability energy from small producers within the country. of renewable energy for a country (and region)
success story within Southeast Asia – but it was The focus of the plan is on solar and bioenergy that continues to see increased industrialization
not always this way. As recently as 2010, 90% Access to a guaranteed buyer proved to be critical because of the suitability and ease of production and economic growth. The new infrastructure
of Thailand’s electricity supply came from coal for these businesses because such preferential for these energy sources in Thailand. The of renewable energy in Thailand promises to
and natural gas. By contrast, just 2% came from treatment attracted investors – which in turn country’s tropical location makes it an ideal strengthen the nation’s regional economic
renewable sources. enabled further growth over time. Economies of place for the development of solar energy, as the competitiveness, as well as its leadership in
scale, combined with a variety of new technological country receives a large amount of solar radiation environmental sustainability.
Thailand’s subsequent decision to invest improvements, had the effect of reducing energy throughout the year. As for bioenergy, Thailand’s
in renewable energy has led to dramatic production costs in areas such as wind and solar. economy is heavily based on agriculture, leading The Time is Now
improvements in its environmental impact, to to the production of large amounts of agricultural
the point where one-third of the country’s energy By 2014, there were other reasons to move and municipal waste that could be converted into Thailand’s move toward sustainable energy
capacity now comes from renewable sources. toward renewable energy in Thailand. Natural usable energy. independence comes at a crucial time. Electricity
As Thailand’s expected electricity needs increase gas production began decreasing that year due to demand in the Asia-Pacific region is increasing at
over the coming years, so too will its renewable waning supplies, forcing Thailand to rethink a large Combined approaches to electricity generation twice the global rate, putting it on track to double
energy supply. swathe of its energy mix. The country could make have also proven to be successful such as the B. by 2040. Mindful of the increasing demand for
up for the shortfall either by importing substitutes Grimm Power Public Company Limited and Energy power yet determined to lower greenhouse gas
The story of how Thailand came to embrace green or by increasing its investment in domestically China Engineering Group Shanxi Electric Power emissions by 20.8% by 2030, the Thai government
energy, and how the country plans to extend its produced renewables. Engineering Co., Ltd. Consortium -an ongoing has expanded its system of incentives for green
commitment to sustainable electricity generation, development of the world’s largest hydro- floating energy producers. Tax breaks, feed-in tariffs,
has important implications for investors in this Shortly thereafter, a growing cultural awareness solar hybrid power project with the capacity of 45 easier access to financing, bidding programs,
sector. surrounding the need for sustainability, together MW located at Sirindhorn Dam and created with metering schemes, the Blockchain-based peer-
with justified complaints about deteriorating cooperation from the EGAT. The project is worth to-peer trading of electricity generated by solar
Bringing Convenience and Sustainability into air quality in cities, helped turn the tide even over 842 million baht (approximately 27 million energy, and a biomass-centered community-
Alignment further towards nurturing the country’s nascent U.S. dollars). centered power generation program called
renewable energy industry, which had to that Energy for All are among government initiatives
Starting in 2007, the Thai government introduced a point only made up 3% of the total energy mix. Following years of development along these aimed at boosting green energy production and
series of initiatives aimed at increasing renewable lines, Thailand’s renewable energy capacity now use. Currently, Thailand has installed renewable
energy production. Incentives were handled by the This confluence of trends helped solidify Thailand’s totals roughly one-third of the country’s overall energy capacity of more than 15 GW, and it is
Electricity Generating Authority of Thailand (EGAT), interest in sustainable solutions – but an additional power mix. Thanks to Thailand’s advantageous forecast to rise to over 60 GW by 2037.
16 17
Meanwhile, renewable energy production Electricity Authority, plans to develop and replace
continues to increase. Over the past decade, wind conventional electricity meters by a smart grid for
power production in Thailand experienced an the Eastern Economic Corridor (EEC). Developing a
average annual growth of 89%, with the increase smart grid system in the EEC can decrease power
in solar power production close behind at 83%. fees and integrate renewable energy systems. A
Of course, such rates cannot be continued in pilot project has been underway since last year in
perpetuity; solar power is expected to grow by Chonburi Province.
just 10% each year until 2030, while wind power is
unlikely to increase much in the near future. Moreover, as companies in other sectors continue
to incorporate sustainability into their brand
Overall, however, renewable energy production values, demand has increased for rooftop solar
remains a growing sector that will remain very panels and other types of green initiatives.
much in demand moving forward. From biomass Businesses that can serve this market, in addition
feedstock and battery technology to digital to the private consumer market for similar small-
systems that enable energy trading and other scale services, may find a large customer base for
elements of an advanced green energy economy, their activities.
business opportunities in this industry remain
plentiful nationwide. Success, however, is no guarantee. Thailand’s
incentive programs and regulatory systems are
The Thai government has also realized the impacts highly nuanced, making on-the-ground knowhow
of disruptive technology such as the energy storage essential for businesses and investors looking to
system in the energy sector. Therefore, to build take full advantage of existing opportunities.
a smart city, EGAT, together with the Provincial
Kudun Sukhumananda is the A Chinese-born Thai citizen, Chai Lertvittayachaikul is
founding Partner of Kudun Mayuree Sapsutthiporn is the a Partner and has over 13
and Partners and Co- Head of firm’s Partner and Head of years of experience advising
Corporate and M&A Practice. China Practice. clients.
CLICK HERE TO REGISTER
18TAX UPDATE
The EV Committee has presented incentive Finally, typically, a corporation must pay a tariff of
measures to stimulate its domestic EV market. 20-80% and an excise tax of 8% when importing EV
These proposed benefits include reduced personal into Thailand. Thus, corporations can significantly
and corporate income taxes for purchases, benefit from the exemption on EV import tariffs
exemptions, or reductions in annual license plates and excise taxes if they decide to invest in EV
fees, restructured battery taxes, free tollway, and production in Thailand.
free parking for EV.
Thailand’s journey to becoming an EV production
As part of these investment incentives, the Board hub in the region continues and time will tell if it
of Investment (BOI) launched new measures to will be successful.
replace those that expired in 2018 to stimulate
investment in all types of EV including cars,
motorcycles, e-bikes, tricycles, buses, trucks, and
boats.
Previously, only electric car and bus purchases
allowed for such benefits. In addition, the
Charging Forward:
BOI expanded such measures to include
manufacturing parts and equipment for EV as well
Khemthong Chanchao was appointed
Thailand and Electric
as Battery Electric Vehicle (BEV) platforms such as
as the firm’s Board of Investment (BOI)
energy storage systems, charging modules, and
Officer responsible for assisting in the
Vehicles
front and rear axle modules. The BOI also grants
BOI application process and ensuring
incentives allowing for exemption from corporate
adherence to Thailand’s BOI regulations.
income tax for a period of 3-8 years.
By Khemthong Chanchao, Tractus Bangkok Office
“ Corporations can significantly
During the Covid-19 outbreak in 2020, the global has been challenging for the country to transition benefit from the exemption on EV
passenger car sales market experienced a 15% its traditional automotive sector to include EV
drop. However, at the same time, the global production. Thus, the government established
important tariffs and excise taxes.”
electric vehicle (EV) market experienced a 43% the National Electric Vehicle Policy Committee (EV
increase, with Europe registering 1.4 million new Committee) with the goal of making Thailand the
EV units, followed by China at 1.2 million units, hub of electric vehicle production in the region. By
and the U.S. at 290,000 units. 2025, Thailand aims to produce 230,000 EV units
and by 2030, it aims for 750,000 units, accounting
In the first quarter of 2021, global EV sales rose for 30% of total Thai automotive production. The
approximately 140% year-on-year. China has country additionally strives to establish 12,000
served as the main driver of these sales, coupled charging station outlets by 2030 and sell 100% of
with increased environmental awareness around its EV by 2035.
the world encouraging government’s new EV
policies. To achieve these goals, the Thai government
has created incentives to attract international EV
For Thailand, as of August 2021, the total number producers and investors as well as grant privileges
of EV registration totaled 220,000—accounting for to domestic companies to increase the volume
just 0.5% of the total number of vehicles registered and value of its EV market.
as of September 2021. The total number of EV
charging stations as of September 2021 was 693 The government intends to reform its excise
stations with 2,285 outlets. tax structure and will announce tax measures
to better support EV later this year. It is also
Currently, Thailand has a strong base in the encouraging various national agencies to replace
automotive industry supply chain. However, it their combustion vehicles with EV.
20 21LEGAL UPDATE
Employers would also need to consider seems these trends will continue to rise. Regarding
measures to deal with employees that refuse to the employer-employee relationship, these
be vaccinated, whether disciplinary actions are trends trigger several legal compliance issues and
justified considering litigation risks and claims, risks for employers to navigate, from employee
and if there are other appropriate measures that compensation and benefits to immigration,
can be taken instead. corporate tax, and data privacy, to name but a
few. Any remote work policy will require careful
Ensuring a Safe Workplace planning. We have seen employers in some
countries considering allowing their employees to
Covid-19 remains present and may be here to work 100% remotely if they wish to do so, while at
stay. Employers will need to ensure they fulfill the same time, reducing their compensation and
Riding the Waves:
various legal obligations to make the workplace benefits given that their cost of living and travelling
safe before reopening. Employers will also be expenses may not be as high as before. Also, the
well advised to ensure good employee relation emerging trend of non-traditional hiring methods
strategies for reopening to minimize confrontation involving flexible and agile workforce, or the so-
The Post-Pandemic Workplace and potential issues with reluctant returners. For called modern workforce is expected to continue
example, if employees are not feeling confident which would give rise to further legal issues for
By Suriyong Tungsuwan, Nam-Ake Lekfuangfu, Theeranit Pongpanarat,
enough about their safety and refuse to go employers to consider.
Baker McKenzie
back to work, can employers unilaterally order
them to come into the office? What should the Employee Well-Being
approach be in this regard? Can disciplinary
The impact of the pandemic on the future of to be vaccinated is lawful and fair. Below are some actions be taken in this situation, or should other With Environment, Social and Governance
workplaces cannot be underestimated, from of the key issues that employers need to consider measures be considered? Mutual consultation (ESG) gaining increased focus in most corporate
health and safety to an increase in agile and hybrid before implementing any vaccination policy: and communication with employees will be key to boardrooms, understanding employers’ legal
work, and transformation focusing on technology. ensure a smooth reopening. obligations to ensure employee well-being will
Now may be the right time for employers to • Inability to access vaccines. If the employer be important. There are positive benefits for
consider key issues to prepare for the workplace has made it mandatory and the employee is Hybrid and Agile Working Trends employers to ensure the well-being of their
post-pandemic. unable to obtain the vaccine for whatever workforce, such as for productivity and long-
reason, what would happen then? Is this an Traditional employment models are being term engagement. However, failure to manage
First, Vaccinations acceptable excuse for the employee? challenged and transformed. Even before the the issues properly can also turn into challenges
• Medical conditions and disabilities. Workers pandemic hit, many organizations have already and legal liabilities for employers, for example,
While the rollout of vaccines will play a key role in with certain medical conditions may have shifted towards more contingent and agile potential claims for work-related injury because of
successful reopening of the economy and making reason to be concerned, how would the working models. With remote and hybrid working working long hours. The obligations of employers
workplaces safe, there are some important employer accommodate this? Would this becoming the norms during the pandemic, it to arrange and maintain safe and hygienic working
labor and employment law considerations that potentially lead to any claims?
employers need to consider. Central to this is the • Different beliefs, including religious ones,
question of whether it is legal to compel employees which may prohibit vaccination. Is this
to be vaccinated before returning to work. justification acceptable?
• Human rights. Employees might resist by citing
We have seen governments in certain jurisdictions the right to their body, would this present a
passing legislation that empowers employers challenge to enforce vaccination?
conducting certain businesses where employees • Data privacy. Are employers able to ask
are put at high-risk, such as healthcare workers, employees to provide proof of vaccination
to require their employees to be vaccinated, and before returning to the workplace or to
to take disciplinary action, including termination, require employees to show proof of a negative
against employees that refuse to do so. However, Covid-19 test before they are allowed back to
such a legislation is not applicable to all businesses. the workplace? Employers need to consider
In the case of Thailand, the existing labor and this carefully in light of the Personal Data
employment laws do not address this question Protection Act.
explicitly, therefore, one must look at the general • Risk of claims because of being vaccinated.
principles of labor law. Essentially, employers will Any liabilities to the employers because of
need to consider if the requirement for employees enforced vaccination?
22 23conditions and environment for their employees, in Thailand at the moment, employers can no
and to support and promote the work operations longer ignore these issues, particularly as most
of their employees to protect their health, safety, organizations are incorporating ESG into their
and welfare remain true under the remote working corporate strategy, a trend strengthened during
arrangement. Getting the well-being agenda right the pandemic. It should also be noted that the
will be important for employers. concepts of equal pay and equal treatment
already exist under current Thai labor laws. So,
Inclusiveness and Diversity in the Workplace non-compliance with these issues could also give
rise to sanctions against employers.
With the societal changes propelled by movements
such as #MeToo and Black Lives Matter, serious These issues and trends warrant serious attention
steps to address existing discriminatory gaps and from employers in the post-pandemic world,
workplace harassment and ensure inclusiveness some more urgent than others, but all represent
and equity in the workplace are advisable. In key components of the future of the workplace. It
some jurisdictions, companies are required to is important for employers to prepare themselves
collect diversity data and report their gender pay for these waves of changes so they can smoothly
gap data. In this regard, though it is less clear ride rather than struggle against them.
Suriyong Tungsuwan is an Nam-Ake Lekfuangfu is Theeranit Pongpanarat
M&A partner and head an employment partner. is a senior employment
of the Labor and Employment He assists clients on all associate. He advises clients
Practice Group. employment matters. on Thai employment laws.
CLICK HERE TO REGISTER
24 25LEGAL UPDATE
of data. An effective response plan should not Moreover, businesses should be cognizant of
only outline technical or legal procedures, but the type of data that has been compromised and
also consider how to correspond with external contact authorities that have jurisdiction over the
stakeholders. Ideally, a business should already data breach. For example, if the breach involves
have a plan in place in anticipation of a breach financial information, financial institutions and
before it takes place. If not, one should be payment processors should be notified. Businesses
developed immediately and ensure appropriate should also contact Thailand’s cyber police and the
roles and responsibilities are assigned to a Office of the Personal Data Protection Committee
team that will handle matters related to data to notify them of any data breach.
security. Response plans should also encompass
preventative measures and technical procedures Finally, while criticisms following a data breach are
that can be implemented in a timely manner, unavoidable, it is best to recognize the shortcomings
while also having annual reviews and data breach and provide ways to fix them to prevent breaches
trainings. from happening again. Businesses should be able
to identify vulnerabilities and communicate how
Businesses experiencing a data breach should security systems are being maintained on a regular
Beyond the Law: keep in mind that it is mandatory to notify
affected customers and stakeholders, as well
as to inform appropriate authorities. While
basis. If data security measures and policies were
previously deficient, it is important for businesses
to re-examine internal processes and hire a team
Practical, Business-minded Steps to staying compliant with relevant laws is crucial, of experts responsible for securing data systems.
it is important to minimize reputational risk by
take Following a Data Breach reassuring customers and investors by openly Concluding Comments
By Dr. Jason Corbett, Silk Legal communicating such incidents to maintain trust in
a manner appropriate to the circumstances. The key to avoiding significant damages in the
We live in a connected age that is defined Personal Data Protection Act (PDPA) which has yet
and powered by data. As the world becomes to be enforced. We have seen in practice that data “An effective response plan should
increasingly digitized, data is not only becoming breaches can happen to even the most tech-savvy not only outline technical or legal
a basis for making key business decisions but is businesses that have implemented global best procedures, but also consider
a commodity that can be exchanged for tangible practices for data security. What makes the key how to correspond with external
value. As data storage increases, companies are difference in mitigating the damages, however, is
stakeholders.”
holding significantly more data than at the turn of how businesses react when a data breach occurs.
the century.
What Companies Should Do in The Event of a
Unsurprisingly, data has become a prime target Data Breach
for unscrupulous players seeking to harvest it for
profit. According to IBM’s Cost of a Data Breach In the unfortunate event of a data breach, it is
Report 2021, hacks and data breaches have crucial to secure and stop the breach as soon
caused some of the world’s largest corporations as the company is aware of it. This is to prevent
an average of 4.24 million U.S. dollars in damages, the breach from escalating into a crisis that may
having increased from last year’s 3.86 million U.S. cause further harm to customers and other
dollars. These damages are in addition to penalties stakeholders. To do this, companies must halt
under relevant laws, such as the European Union’s the use of the compromised data system and
General Data Protection Regulation (GDPR), which identify any vulnerabilities that may have led to
punishes companies that have failed to enact the breach. During this stage, it is important to
adequate cybersecurity measures with fines of up conduct a thorough investigation to ensure all
to 20 million euros or 4% of their global revenue. backdoors leading to the breach have been closed
to prevent it from reoccurring.
As with all things valuable, it is important to
keep data as secure as possible. This is not only Responsible parties must immediately mobilize
to protect it as a vital business asset but also to a response plan to recover and secure the
comply with laws such as the GDPR and Thailand’s compromised infrastructure to mitigate loss
26 27event of a data breach is preventing them from in the current business environment. This means
taking place altogether, which is why multi-factor businesses have a moral and legal responsibility
authentication and other password policies should to act swiftly if a data breach occurs and ensure
be implemented to add an extra layer of security the safety and privacy of their customers’ data.
for digital systems and infrastructure. However,
preparedness for response is also crucial in
preventing instances of cyberattacks, which is
why it is highly recommended for businesses to
review existing data policies to ensure compliance
with regulations and best practices surrounding
personal data and cyber security. If businesses
lack the capacity to formulate such a policy, it is
best to seek professionals with legal and technical
backgrounds who can assist in creating such Jason is the founder and Managing
policies. Partner of Silk Legal. He has advised
clients on a variety of matters includ-
Customers, investors, and other stakeholders are ing cross-border insolvency and re-
placing greater importance on the integrity of structuring, mergers and acquisitions,
their data as it becomes increasingly ubiquitous commercial transactions, and more.
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28 29IN THE SPOTLIGHT
(CLMV) region and its well-established digital financing of green investment that is not limited to
infrastructure. With the increasing work-from- just the energy sector, but every industry that has
anywhere trend, Thailand should capture this now looked towards ESG. Thailand is familiar with
In the Spotlight highlights AMCHAM’s leadership including board and use its existing advantages to attract skilled utilizing budget funds in targeted structures to
governors, committee and council co-chairs, and members. labor, especially from the technology industry, to incentivize banks to participate in green lending,
build its local workforce and promote transfer of hence, the country could rely on its experience
Ornkanya (Mook) Pibuldham is the Thailand Chief Country Officer at Bank of America
knowledge. Thailand will also need to reconsider and further build upon it to promote financing
Merrill Lynch. She has served as an AMCHAM Board Governor from 2017-20 and is now
its existing Original Equipment Manufacturer into new projects.
serving as AMCHAM Women Committee Co-Chair. Mook has been elected to serve as an
(OEM) base, particularly in the automobile sector,
AMCHAM Board Governor for the 2022-2023 term.
to see how it can continue to contribute to global Important personal and professional advice
value chains that are progressively shifting toward for next generation of women leaders…
Ornkanya (Mook) Pibuldham at Bank of America Merrill Lynch greener economy and Environmental, Social, and
Governance (ESG) factors. Thailand can better Women have a wide range of strengths to become
tackle this task by increasing cooperation with the great leaders, but we are seen as less confident
private sectors and various foreign chambers of as we typically are more modest and silent. We
commerce to implement effective policies that need to be good at branding ourselves, let other
would best incentivize relevant players in the people know what we can do and about our
new trends, both on the supply and demand side. achievements. We will not be able to advance in
From the financial perspective, Thailand will need our career if nobody knows what we are capable
to create dedicated financing vehicles to promote of.
How did you first get involved in AMCHAM? I have initiated the AMCHAM Women Committee
and am serving as one of our first co-chairs.
I joined AMCHAM in 2017 with an invitation
from Darren Buckley. Darren was CEO of Citi What steps can Thailand take to re-attract
Bank Thailand; he stepped down from AMCHAM foreign investors?
to relocate to China. He strongly believed that
having a financial institution serve on the Board The strategies that have successfully helped
of Governors would add tremendous value to attract significant foreign investment to Thailand
AMCHAM in terms of bringing expertise and and propelled the country’s economy over the
perspective. After joining the AMCHAM Board past decades may not continue to be effective
for two consecutive terms, I enjoyed having as we look toward a post-pandemic world and
conversations with our fellow governors and its rising trends. Thailand will need to reinvent
members. We all share the same view of bringing itself from Detroit of the East to be the Silicon
U.S. companies to the forefront of the Thai Valley of Southeast Asia. In the short-term, the
economy and giving back to Thai communities. I country can leverage its geographical advantage
am also very fond of supporting female leadership. to Cambodia, Laos, Myanmar, and Vietnam
30 31IN THE SPOTLIGHT
Tim Bulow is the Chief Operating Officer, Minor Education and Head of the Asian Institute
of Hospitality Management and also serves as AMCHAM Women Committee Co-Chair. Charoen Pokphand Group Donates 2 Million “Krua Pan Im”
Tim Bulow standing and speaking to his students
Meal Boxes to Vulnerable Communities during COVID-19 Pandemic
“Krua Pan Im” project is a joint effort of Charoen Pokphand Group and over 100 organizations that
delivered 2 million boxes of freshly cooked meals to vulnerable people. Partner organizations included
foundations, volunteer groups, civil society, and private organizations through 40 distribution centers
across Bangkok and its vicinities. One million meal boxes were prepared by small restaurants and
another million meal boxes by CP Foods PCL.
Why did you volunteer for a leadership role at We have learned to be resourceful in keeping
AMCHAM? students engaged during the pandemic through
online learning. Students have learned how to
I have been fortunate to be a member of AMCHAM manage change, how to communicate with people
throughout my different postings worldwide over across boundaries, and how to manage time in a
the past 20 years. I find it fulfilling to be able to flexible environment.
contribute to AMCHAM’s many positive efforts.
I have helped co-lead the AMCHAM Women At the same time, much of hospitality education
Committee for the past year. It is a diverse group is experiential through practical training and
of members that focus on important opportunities internships. I think that the more universities can
and issues for women. This year’s activities have provide a real-world setting for students to learn,
included events about women on boards and the better students will be prepared to graduate
effective marketing to women and girls. In the and have a quick start to their careers.
coming year, we will host an event for high school
girls and boys focused on leadership. What advice do you have for a new AMCHAM
member?
How has Covid-19 transformed hospitality
education in Thailand? Become active in AMCHAM immediately. There
are many membership benefits and activities for
Across all levels of education worldwide, the your company to be involved. You will find a group
pandemic has forced educators to find innovative of people that enjoy working towards common
and impactful ways to ensure high quality teaching goals and finding solutions to problems. Becoming
and learning experiences for students. It is no active in AMCHAM is an excellent way to meet new
different for hospitality education in Thailand. people and build your network. Visit us
Charoen Pokphand Group
32MEMBER CONTRIBUTION
A Cool Co-Lab is Born!
By Concept i Design
Setsatian School for the Deaf, Bangkok, recently
celebrated the grand opening of the Creative
Co-Lab (a new digital learning center). Concept i
Design has been working closely with the school
to design, construct, and transform the existing
computer room into a brand-new digital learning
center. Setsatian School is Thailand’s first school
for the hearing-impaired and has been operating
Panda Kitchen & Bath
since 1953. “New computer technologies give the
children a barrier-free dialogue with the society”
Unveils New Factory
says Geoff Morrison, CEO of Concept i.
The project is a part of school Director Dr. instructors’ position” says Nunthiya C., Architect.
By Panda USA Panadda’s vision to create real life opportunities
for work and independence for the students. The The project was generously supported with
On October 21, AMCHAM Silver Member Panda USA and the province will be a symbiotic one as 85 sq.m Co-Lab includes 22 workstations set into donations from Concept i (Interior Design and
USA (also part of Panda Kitchen & bath in Miami, the new factory will benefit the local economy in a vibrant studio with comfortable cubicles to relax Fit Out), Spokes Jewelry (Furniture), DJ Coalition
FL), manufacturer and seller of wood cabinetry a positive way with creation of jobs. The economic and exchange ideas. “The angular layout gives a (Lighting Design), and Mosaic Eins (Lighting
celebrated the grand opening of their latest impact will be substantial. creative look and feel and focuses directly on the Supply).
facility, a 300,000 square foot factory in Surat
Thani, Thailand. Panda USA also owns factories in Sean Huang, President of Panda USA stated: “With
BOONMA Joins the
Myanmar and Malaysia. The grand opening of the the Support of Deputy Ministry of Commerce, Mr.
factory hosted the Deputy Minister of Commerce, Sinit Lertkrai, we were able to build this factory.
Net Zero Pledge for the
Mr. Sinit Lertkrai and local Surat Thani officials. Manufacturing in Surat Thani guarantees that
Panda USA will continue to create high quality
Panda USA saw an opportunity in Surat Thani solid wood cabinetry at competitive market prices.
as the province is rich in the natural resource of
rubber trees. This relationship between Panda
We look forward to creating a mutually beneficial
relationship with the Surat Thani public.” Events Industry
By Boonma Moving & Storage
BOONMA joins the Net Zero Pledge for the Events credits coming from projects that develop
Industry as Thailand’s First MICE Logistics Provider renewable energies, efficient transport, and
CLICK HERE TO REGISTER and is invited to be a part of the Advisory Group. more). Carbon neutrality can be an intermediate
The pledge was launched in November 2021. step towards net zero.
What is net zero? Net zero refers to a balance The Net Zero Carbon Events initiative aims to bring
between man-made greenhouse gas (GHG) together a wide range of industry stakeholders to
emissions and their removal from the atmosphere. construct an industry-wide roadmap towards net
To achieve this balance, GHG emissions must zero by 2050, and emissions reductions by 2030
be reduced, and the non-avoided ones must be in line with the Paris Agreement, with support and
compensated or neutralized using long-term guidance on key issues.
carbon capture solutions.
This initiative is hosted by JMIC (Joint Meetings
It is different from carbon neutral. For carbon Industry Council) and is supported by the
neutrality, the non-avoided emissions are UNFCCC secretariat (United Nations Framework
compensated using traditional offsets (carbon Convention on Climate Change).
34 35EVENTS
PERFORMANCE THAT TAKES YOUR PRODUCTIVITY FURTHER
Back to Business: An Update on Travel for Asia-Pacific – October 27
Plenary Speakers: Alfredo Montufar Helu, The Economist Intelligence Corporate Network; Vinoop
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Chief, U. S. Embassy Beijing.
Destination Room Speakers: China-Nancy Lyu, Director, China Regional Sales, United; Helen Zhang,
Pharm D., Director of Pharmacy, United Family Healthcare, Director of Center for Clinical Research,
Beijing United Family Hospital, Lead Clinician, Immunization Network, United Family Healthcare; and
Yvonne Chan, Regional Director – APAC, Universal Weather and Aviation. Guam - Nadine Leon Guerrero,
Director of Global Marketing, Guam Visitors Bureau (GNB). Japan -Scott Smalley Managing Director,
DSV Solutions in Japan and Kuniko Nakamura, Director for External Affairs at the American Chamber
of Commerce in Japan (ACCJ). Malaysia/Singapore -Gary Bowerman, an experienced Asia travel and
consumer trends analyst and consultant. Myanmar- Adam Castillo, Managing Director and Partner of
My Passport™ SSD
Atalian Global Services Myanmar. Taiwan- S. Steven Pan, Executive Chairman of Silks Hotel Group. Portable Storage
Thailand - Chaiyapat Paitoon, Chief Strategy Officer, Minor International PCL; and Rachel Davidson,
Cluster General Manager of Hilton and DoubleTree Sukhumvit Bangkok. Vietnam- Tran Trong Kien,
Founder, Chairman, and CEO of TMG.
Event Highlights
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