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Export Promotion Act 1960

Translation

EXPORT PROMOTION ACT, B.E. 2503 (1960) [1]

Given on the 12th Day of April B.E. 2503;

Being the 15th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to have the law on export promotion;

Be it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly acting as the National Assembly, as follows:

Section 1. This Act is called the "Export Promotion Act, B.E. 2503".

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.[2]

Section 3. In this Act, "Board" means the Board of Export Promotion;

"Chairman" means the Chairman of the Board of Export Promotion;

"member" means a member of the Board of Export Promotion and includes the Chairman of the Board of Export Promotion;

"Office" means the Office of Export Promotion.

Section 4.[3] Three shall be a Board of Export Promotion, called in brief "BEP", consisting of the Chairman of the Board and not more than nine other members appointed by the Prime Minister, and the Secretary-General of the Office as member and secretary.

The Director-General of the Customs Department, Director- General of the Department of Economics, Director-General of the Department of Agriculture, Director-General of the Rice Department, Director-General of the Department of Livestock Development, Director-General of the Royal Forestry Department, Director-General of the Department of Mineral Resources, Director-General of the Department of Foreign Trade, Director- General of the Department of Internal Trade, Director-General of the Department of Industrial Promotion and not more than seven other persons appointed by the Prime Minister shall be advisers of the Board.

Section 5. The Board shall have the following duties:

(1) to proceed with activities concerning export promotion;

(2) to examine and control the export of goods;

(3) to advise on the use of any measures affecting export promotion or concerning goods standards.

Section 6. In performing duties under section 5, the Board shall have the following powers:

(1) to request Ministries, Sub-Ministries, Departments or State enterprises to submit statistics and other particulars necessary for export promotion or concerning the compliance with the law on exported goods standard;

(2) to issue a written summons to any person to give statements or to submit accounts, documents or materials for supplementing consideration.

The Chairman shall have the power to entrust an official of the Office to execute the powers prescribed in this section in whole or in part by issuing an instrument of authorization to such official.

The official authorized to perform the duties under the foregoing paragraph shall produce the instrument upon being requested by the person concerned.

Section 6 bis.[4] The service of summons under section 6 (2) shall be made by registered post or by an official of the Office at the domicile or office of the person to whom the summons is directed in the day time between sunrise and sunset.

If the person to whom the summons is directed refuses to accept the service without lawful cause, the official of the Office shall be entitled to request any competent administrative or police official to accompany him as a witness and shall, if such person still refuses to accept the summons, leave the summons on the spot.

If the official of the Office fails to meet the person to whom the summons is directed at his domicile or office, such service may be made on any person over twenty years of age who is living or working at the dwelling place or office known to be that of the person to whom the summons is directed.

If the official fails to meet any person or meets a person but he refuses to accepts the summons and there is a reason to believe that the person to whom the summons is directed is present there and intends to avoid the service, the summons shall be posted on a conspicuous place at his domicile or office.

When the official of the Office has followed the procedure mentioned in paragraph two, paragraph three or paragraph four, it shall be deemed that the person to whom the summons is directed has received it.

Section 7. A member or an adviser appointed by the Prime Minister holds office for a term of two years. A member or an adviser who vacates office may be re-appointed.

Section 8. In addition to vacating office at the end of the term under section 7, a member or an adviser vacates office upon:

(1) death;

(2) resignation;

(3) being a bankrupt;

(4) being an incompetent or quasi-incompetent person;

(5) being imprisoned by a final judgment of imprisonment except for a petty offence or an offence committed through negligence.

When a member or an adviser vacates office before the end of the term, the Prime Minister may appoint another person to replace him.

A member or an adviser appointed under the foregoing paragraph holds office for the remaining term of the member or adviser replaced by him.

Section 9. At a meeting of the Board, if the Chairman is unable to attend or is absent from the meeting, the members shall elect one among themselves to preside over the meeting.

Section 10. At a meeting, the presence of not less than one-half of the total number of members is required to constitute a quorum.

A decision of the meeting shall be by a majority of votes.

In casting votes, each member shall have one vote; in case of an equality of votes, the person who presides over the meeting shall have an additional vote as the casting vote.

Section 11. The Board may appoint a sub-committee to consider or carry out any matter as entrusted by the Board.

Section 12. There shall be the Office of the Export Promotion established under the law on the organization of the Office of the Prime Minister, having the duty to carry out activities in compliance with the resolutions of the Board and to do any other administration works.

Section 13. Whoever fails to appear to give statements or submit accounts, documents or any materials as required under section 6 (2) shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding two thousand Baht, or to both.

Section 14. The members or officials authorized by the Chairman under section 6 shall not disclose any statement, number or statistics received in the performance of their duties in a manner which is likely to cause damage to any person except where the disclosure is made in the course of their official duties or for the benefit of any inquiry or trial.

Whoever violates the foregoing paragraph shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred Baht, or to both.

Section 15. The Prime Minister shall have charge and control of the execution of this Act.

Countersigned by:

General T. Kittikachorn
Deputy Prime Minister

Certified correct translation
(Taksapol Chiemwichitra)
Office of the Council of State

[1] As last amended by the Export Promotion Act (No.2), B.E. 2509 (1966)

[2] Published in the Government Gazette Vol. 77, Part 31, Special Issue, dated 13th April B.E. 2503 (1960)

[3] As amended by section 3 of the Export Promotion Act (No. 2), B.E. 2509 (1966)

[4] Added by section 4 of the Export Promotion Act (No. 2), B.E. 2509