Thailand

Compliance/Financial Considerations

If you intend to do any of the following in Thailand, please contact Risk Services at risk@berkeley.edu or 642-5141:

  • Hire a local to work for you as an employee
  • Purchase or lease office or research space
  • Purchase or lease an automobile
  • Establish a long-term (over 90 days) or ongoing project
  • Conduct a clinical trial

U.S. GOVERNMENT COMPLIANCE CONSIDERATIONS

Foreign activities may trigger many U.S. laws, including:

  • Import Controls
  • Export Controls
  • Tax Reporting
  • Foreign Bank Account Reporting
  • Country Embargoes and Targeted Sanctions
  • Foreign Corrupt Practices Act
  • Anti-Boycott Laws

Import Controls. UC employees must adhere to U.S. import requirements, and may need to enlist the services of a customs broker, especially for shipments arriving by sea and subject to the Importer Security Filing 71730, also known as ISF 10+2.

Export Controls. Export controls may apply to advanced software and technology, research data, and other sensitive assets. UC’s Export Compliance FAQ contains useful information and can be found here.  Go here for the University of California plan for compliance with federal export controls. If you plan on taking or sending potentially export-controlled materials to Thailand, consult the campus Research Administration Compliance Office at 642-0120.

Tax Reporting. The University and its employees may be taxed in foreign countries. The tax implications for operating in Thailand may be found at the Internal Revenue Service’s United States-Thailand Income Tax Convention For further clarification, contact the Controller’s Office at:

Foreign Bank Account Reporting. The U.S. Treasury Department requires U.S. citizens with a financial interest in or signatory authority over a financial account in a foreign country, where accounts exceed $10,000 at any point during a calendar year, to report such accounts on a Report of Foreign Bank and Financial Accounts (FinCen Report 114). Those needing to complete the form should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803 for assistance. An IRS 1040 Schedule B form (Part III–Foreign Accounts and Trusts) must be filed by the signatory for any foreign bank account, regardless of the account balance.

Country Embargoes and Targeted Sanctions. In general, collaborations between University personnel and scholars at foreign institutions or organizations do not require export licenses unless they involve export-controlled or -restricted research or involve scholars in sanctioned countries. Before engaging in an international collaboration, the University needs to determine whether export licenses are required and to verify that the foreign collaborator is not blocked or sanctioned. The Office of Foreign Assets Control (OFAC) is responsible for enforcing all U.S. embargoes and sanctions. Depending on each country’s embargo or sanction program, activities may be prohibited without specific authorization or license. UC’s International Collaborations webpage contains additional information on this topic.   

The Foreign Corrupt Practices Act (FCPA) is intended to stop bribery. It prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official. The term “foreign official” generally includes any employee or contractor of a foreign government, and may include individuals employed by foreign universities. It is also unlawful to make a payment to a third party knowing that all or part of the payment will go to a foreign official. For more information, review the federal government’s Resource Guide to the U.S. Foreign Corrupt Practices Act. If you need further clarification, contact the UC Berkeley Office of Legal Affairs at 642-7122.  Transparency International’s 2018 survey of perceived public sector corruption rated Thailand at 36 out of 100 (99th out of 180 countries reviewed, i.e.  corrupt).

Anti-Boycott Laws.  The U.S. Department of Commerce is responsible for oversight of laws prohibiting individuals and entities from participating in boycotts not approved or sanctioned by the U.S. government. The Export Administration Act requires that requests to participate in such boycotts or to conduct activities in any of the boycotting countries be formally reported to the Department of Commerce and/or IRS.

For other compliance-related issues, refer to UC’s International Compliance webpage.  

ADDITIONAL CONSIDERATIONS FOR DOING BUSINESS INTERNATIONALLY

Foreign Bank Accounts. Employees wishing to open a foreign bank account should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803. Requests to open accounts must be made through the Office of the President’s Banking and Treasury Services Group by the Chancellor or the Chancellor’s designee. 

Real Estate Agreements. Only employees with delegated authority to sign contracts on behalf of The Regents may enter into agreements, leases, or other contracts.  Foreign affiliates or operations must submit to the Real Estate Services Office property management agreements, personal property leases, or contracts with a term longer than one year or in an amount greater than $25,000 per year. The campus then seeks approval from the University president or designee. For more information, consult the Guidelines for the Establishment and Operation of Foreign Affiliate Organizations and Foreign Operations

Articles

The US State Department's page on THAILAND may be found HERE.

Personal Safety

THAILAND'S CABINET AUTHORIZED THE EXTENSION OF THE NATIONWIDE STATE OF EMERGENCY THROUGH NOVEMBER 30 TO FACILITIATE THE CONTINUED IMPLEMENTATION OF CORONAVIRUS DISEASE (COVID-19) RESTRICTIONS AMID THE CONTINUED EASING OF SOME CURBS. THE EMERGENCY DECREE HAS BEEN IN PLACE SINCE LATE MARCH.  PEOPLE WHO ENTER THAILAND WILL QUARANTINE FOR 14 DAYS AT GOVERNMENT DESIGNATED FACILITIES UPON ARRIVAL, WITH LIMITED EXEMPTIONS. FOREIGNERS ALSO HAVE TO COMPLY WITH HEALTH PROTOCOLS, SUCH AS GETTING A LETTER FROM THE NEAREST THAI EMBASSY, A HEALTH INSURANCE POLICY, AND A CERTIFICATE THAT THEY DO NOT CARRY COVID-19 AND QUARANTING FOR TWO WEEKS AT GOVERNMENT DESIGNATED FACILITIES UPON ARRIVAL IN THAILAND. AUTHORITIES HAVE EXTENDED SHORT TERM VISAS FOR FOREIGNERS ALREADY IN THAILAND THROUGH OCTOBER 31. SEVERAL LAND CHECKPOINTS ARE OPERATIONAL, THOUGH THE GOVERNMENT CONTINUES TO BAN FOREIGNERS FROM ENTERING THE COUNTRY THROUGH BORDER CHECKPOINTS.

Note: this page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu.

If you are traveling to Thailand on University-related business, please sign up for the University’s travel insurance program by going here. For more information on the travel insurance program, please go here.

Because everyone’s health is unique, we suggest seeking the advice of a medical professional before traveling internationally. Members of the campus community interested in protecting their health while abroad may schedule an appointment with the University Health Services International Travel Clinic

The quality of health care in Bangkok is generally good, but elsewhere in Thailand the quality of health care is likely to fall below western standards. Although quality medications are available in Thailand, counterfeit medications are a growing problem. In an emergency, dial 1554 for a public ambulance. The emergency number for the police is 191.

Air pollution can be a problem in urban areas. If you have a chronic respiratory condition such as asthma, please consult a medical professional prior to your trip and carry appropriate medications.

Water shortages are common from February through May. Urban areas usually have unreliable water treatment facilities. Rural areas seldom have any water treatment, and travelers should assume the drinking water is contaminated. Well water in the Central Basin and northeast contains high levels of chloride, sulfate, and iron. To reduce the risk of gastrointestinal discomfort or illness, drink only bottled, boiled, or purified water. Travelers should use well-recognized brands of bottled water whenever possible.

Street vendors and other unregulated food distributors often have poor hygiene standards and should be avoided. Travelers should also avoid raw or undercooked meat dishes and unpasteurized dairy products, which frequently harbor bacterial and parasitic pathogens.

Travelers risk contracting a number of serious illnesses in Thailand, including but not limited to:

  • Malaria, transmitted by mosquito bites, in the border regions with Myanmar in the west, Cambodia in the southeast, and Laos in the north. The disease has also been reported in Khao Sok National Park.
  • Tuberculosis, as Thailand is one of the World Health Organizatin’s high-burden countries for TB. Avoid crowded places, including mass transit.
  • Japanese encephalitis, prevalent from May to October in rural and agricultural areas, Chiang Mai Valley, and occasionally in the Bangkok suburbs.
  • Scrub typhus, during the rainy season in rural habitats.
  • Rabies, usually from the stray dogs common in Thailand.

The World Health Organization considers Thailand one of the most dangerous countries in the world for road fatalities.

From a crime standpoint, Thailand is relatively safe for travelers,  However, the country’s political problems can lead to violent demonstrations and terrorist acts. On August 17, 2015, a bomb killed 22 people and injured over a hundred more at the Erawan Shrine, a popular Bangkok tourist destination. Earlier in 2015, bombers targeted the resort island of Ko Samui and a shopping mall in Bangkok. The bombings are often attributed to the country’s minority Muslim population, which lives primarily in Thailand’s southernmost region, has ties to Muslim-dominated Malaysia, and is agitating for secession. But given Thailand’s larger political antagonisms and the presence of organized crime, other perpetrators cannot be ruled out. Nonetheless, travel to Thailand’s southernmost region should be avoided.

Thailand's rainy season usually runs from late June or early July through October. At times rainfall can be so heavy that floods ensue, causing major disruptions and posing a serious health and safety risk.

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. Individuals establishing a business or practicing a profession that requires additional permits or licensing should seek information from the competent local authorities, prior to practicing or operating a business. Furthermore, some laws are also prosecutable in the United States, regardless of local law. 

Arrest Notification: If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy immediately.

Conditions at the Bangkok Immigration Detention Center (IDC): Conditions in immigration detention centers (IDCs) where authorities detain foreign nationals who violate immigration laws remain poor and most are overcrowded. IDCs, administered by the Immigration Police Bureau, which reports to the Royal Thai Police (RTP), are not subject to many of the regulations that govern the regular prison system. U.S. citizen detainees often complain of stark, austere living conditions, overcrowding, and unhealthy conditions. Personal security is poor. In addition, the main IDC in Bangkok does not dependably provide adequate medical or mental health care.

LGBTI Travelers: There are no known legal restrictions on same-sex sexual relations or the organization of LGBTI events in Thailand. However, LGBTI groups report that in the case of sexual crimes, police tend to downplay sexual abuse claims from LGBTI victims.