Customs Act B.E. 2560 (2017)
Customs Act B.E. 2560 (2017)
Customs Act B.E. 2560 (2017)
CUSTOMS ACT
B.E. 2560 (2017)
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Section 1 This Act is called the “Customs Act, B.E. 2560 (2017)”.
Section 2 This Act shall come into force upon the expiration of one hundred and
eighty days from the date of its publication in the Government Gazette.
(15) Decree amending the Customs Act, B.E. 2469 (1926), B.E. 2528 (1985);
(16) Customs Act (No. 14), B.E. 2534 (1991);
(17) Customs Act (No. 15), B.E. 2540 (1997);
(18) Customs Act (No. 16), B.E. 2542 (1999);
(19) Customs Act (No. 17), B.E. 2543 (2000);
(20) Customs Act (No. 18), B.E. 2543 (2000);
(21) Customs Act (No. 19), B.E. 2548 (2005);
(22) Customs Act (No. 20), B.E. 2548 (2005);
(23) Customs Act (No. 21), B.E. 2557 (2014);
(24) Customs Act (No. 22), B.E. 2557 (2014).
“Land frontier” means a land frontier between the Kingdom and a foreign land
and shall include any waterway which is a boundary of the Kingdom or a part of such boundary;
“Authorized route” means a route used in an importation of goods into or
exportation of goods out of the Kingdom from a land frontier to a customs house or from a
customs house to a land frontier;
“Transit” means a transportation of goods through the Kingdom from a customs
house of entry to a customs house of exit under customs control where the beginning and the
termination of such transportation are outside the Kingdom, with or without change of vehicle,
storage, breaking bulk for a transportation purpose or change in a mode of transport. There
shall be no use of goods in transit for any purpose or action with a commercial benefit in
connection with such goods in the Kingdom;
“Transshipment” means a transfer of goods from an importing means of
transport to an exporting means of transport under customs control within an area of one
customs house where the beginning and the termination of such transportation are outside the
Kingdom;
“Customs Officer” means
(1) a civil servant of the Customs Department who is appointed by the Director-
General to perform a duty in the ordinary course of employment or to perform a specific duty;
(2) an officer of the Royal Thai Navy, a district chief or a deputy district chief who
is specifically appointed by the Director-General to act on behalf of the Customs Department;
(3) an officer of other government agencies who is appointed by the Minister to
act as a customs officer;
“Director-General” means the Director-General of the Customs Department or
a person entrusted by him;
“Minister” means the Minister having charge and control of the execution of this
Act.
Section 5 The Minister of Finance shall have charge and control of the execution
of this Act, and shall have the power to appoint customs officers and issue ministerial
regulations in the following issues:
(1) designation of any port, place, or airport in the Kingdom as a customs house
with a stipulation of customs-related measures as he deems fit, including a designation of
a customs area of such customs house;
(2) designation of any place as a border crossing point with a stipulation of customs-
related measures as he deems fit;
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(3) provide rates of fees not exceeding those specified in the Annex to this Act or
exemption of such fees;
(4) specification of rules, procedures and conditions related to a goods
declaration submission and a duty payment for goods imported into or exported out of the
Kingdom only in a special circumstance or a case of necessity;
(5) provide types or categories of dangerous goods, a storage and a transportation
of the dangerous goods in a customs area and of those being brought out of the customs area,
including a duty collection method of such dangerous goods;
(6) specification of other activities to implement this Act.
Such Ministerial Regulations shall come into force upon their publication in the
Government Gazette.
CHAPTER I
GENERAL PROVISIONS
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a submitter of such accounts, documents, and evidences to translate into Thai and submit
them within a specific period of time as he deems fit.
CHAPTER II
COLLECTION OF DUTY
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Part 1
Payment of Duty
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A liability to pay the duty for goods imported into or exported out of the
Kingdom is incurred at the time when such importation or exportation is completed under
Section 50.
An importer or an exporter shall have an obligation to pay duty when submitting
a goods declaration to a customs officer, and such customs officer has received and issued
a goods declaration number.
Section 14 A calculation of duty for goods imported into the Kingdom shall be in
accordance with a nature of the goods, a customs value, a corresponding customs tariff and
a duty rate at the time of the completion of importation, except for the following cases:
(1) in the case where goods are stored in a bonded warehouse, a calculation of
duty shall be in accordance with a nature of the goods, a customs value and a corresponding
customs tariff at the time of the completion of importation, but a duty rate shall be the one at
the time of the release of such goods from the bonded warehouse, whether or not they are
released in the same condition as they were at the time of importation.
(2) in the case where goods stored in a bonded warehouse are lost or destroyed,
a calculation of duty shall be in accordance with a nature of the goods, a customs value,
a corresponding customs tariff and a duty rate at the time such goods are brought in to be
stored in the bonded warehouse.
(3) in the case where goods brought into the Kingdom are goods in transit or
transshipment; and thereafter there is a request to change a customs formality to importation
within the period of time specified in Section 102 paragraph two, a calculation of duty shall be
in accordance with a nature of the goods, a customs value, a corresponding customs tariff and a
duty rate at the time such goods are brought into the Kingdom.
Section 16 For a purpose of calculation of duty under this Act, “customs value”
shall mean the following values:
(1) In case of importation, means a value of goods for a purpose of duty
collection in accordance with one of the following values:
(a) a transaction value;
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Part 2
Assessment of Duty
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Section 19 When detecting that a person liable to pay a duty did not pay a duty
or paid a duty less than the amount payable, a customs officer shall have a power to conduct a
duty assessment under this Act and the law on customs tariff.
The duty assessment under paragraph one shall be conducted within three years
from the goods declaration submission date, unless where there is a necessary cause which
makes it impossible to complete the assessment within the mentioned timeframe, a request to
extend a duty assessment duration shall be submitted to the Director-General. Such extension
period shall not exceed two years.
In case there is an evidence for the Director-General to believe that a person
liable to pay a duty had an intention to defraud the duty payment, a customs officer shall have
a power to conduct the duty assessment for another five years from the date the duration
under paragraph two is expired.
Section 22 In case an importer or an exporter does not pay or pay a deficit duty,
a surcharge at the rate of one percent per month calculated on a full or an additional amount
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of duty to be paid, without compound, from the day goods have been released from a customs
custody or the date of exportation to the date of duty payment, shall be collected. A fraction
of the month shall be counted as one month. Such surcharge shall not exceed the full or the
additional amount to be paid.
In case an importer or an exporter does not pay a duty within thirty days from
the date of receiving the duty assessment notification under Section 20, there shall be
a penalty of twenty percent of the full or the additional amount of duty to be paid.
The surcharge and the penalty shall be deemed as a duty.
The surcharge may be decreased in accordance with the rules specified in the
Ministerial Regulation. The penalty may be waived or decreased pursuant to the rules specified
by the Director-General with the Minister’s approval.
The proceeds of such sale shall be deducted for a fee, a seizure and an auction
expenses and an unpaid or deficient duty. If there is a remaining balance, it shall be returned to
an owner of the goods.
Part 3
Refund of Duty
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Section 25 In the case where a duty has been exceedingly paid, one of the
following measures shall be proceeded:
(1) The Director-General shall have a power to refund an exceeding duty caused
by an incorrect calculation without a refund request. However, he is not allowed to order a
refund after two years from date of importation of goods into or exportation of goods out of
the Kingdom; or
(2) An importer or an exporter shall have a right to submit a request for a refund
within three years from the date of importation of goods into or exportation of goods out of the
Kingdom; pursuant to the rules, procedures and conditions specified by the Director-General.
Section 26 In case a duty had been paid for goods to be exported out of the
Kingdom, but the goods were not exported out of the Kingdom, an exporter shall have a right
to submit a request for a duty refund within ninety days from the day a customs officer has
received a goods declaration.
The submission of the request for the duty refund and a refund of duty under
paragraph one shall be in accordance with the rules, procedures and conditions specified by
the Director-General.
The interest paid under paragraph one and paragraph two shall not exceed the
amount of duty or the cash security to be refunded.
In the calculation of the interest under paragraph one and paragraph two,
a fraction of a month shall be counted as one month, and such interest shall be deemed as a
refunded duty.
Section 28 An importer who had imported goods into the Kingdom and already
paid a duty; if such goods are re-exported out of the Kingdom or are sent to be used on a
vessel or an aircraft departing from the Kingdom, shall have a right to request for a duty refund
at the amount of nine-tenth or the excess of one thousand bath of the paid duty, calculated
according to each export goods declaration, whichever is higher, subject to the following rules:
(1) It is proven that the re-exported goods are the ones imported into the
Kingdom;
(2) While in the Kingdom, the goods have not been used in any way except for
the purpose of re-exportation and have not changed in forms or characters;
(3) The goods are re-exported within one year from the date of importation; and
(4) A request for a duty refund shall be made within six months from the date of
re-exportation of such goods.
The request for the duty refund, the prove of goods, the re-exportation and the
refund of duty under paragraph one shall be in accordance with the rules, procedures and
conditions specified by the Director-General.
Section 29 An importer who had imported goods into the Kingdom for the
purpose of production, mix, assembly, packing, or processing of goods in any manner and
already paid a duty; if goods obtained from the said procedures are exported out of the
Kingdom or are sent to be used on a vessel or an aircraft departing from the Kingdom, shall
have a right to request for a duty refund, subject to the following rules:
(1) It is proven that the goods have gone through a production, a mix, an
assembly, a packing, or any other method in the Kingdom;
(2) It is proven that a quantity of goods used in such production, mix, assembly,
packing, or any other method does not exceed the limitation specified by the Director-General;
(3) Goods obtained from such production, mix, assembly, packing, or any other
method are exported out of the Kingdom within one year from the date the importation of the
goods used in the production, the mix, the assembly, the packing, or any other method into the
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Kingdom. Unless the goods cannot be exported within one year due to force majeure, the Director
General may allow an extension for not more than six months; and
(4) A request for a duty refund shall be made within six months from the date of
exportation of such goods, unless the Director-General allows an extension for not more than
six months.
The request for the duty refund, the prove of goods, the re-exportation and the
refund of duty under paragraph one shall be in accordance with the rules, procedures and
conditions specified by the Director-General.
Section 30 An importer, who imports goods into the Kingdom for the purpose of
production, mix, assembly, packing, or processing of goods in any manner under Section 29 and
export them out the Kingdom or send them to be used on a vessel or an aircraft departing from
the Kingdom, may request to deposit any form of guarantee instead of paying an import duty
pursuant to the rules, procedures and conditions specified by the Director-General.
A return of the guarantee deposited instead of the duty payment under
paragraph one shall be in accordance with the rules, procedures, and conditions specified by
the Director General.
Section 31 A transfer of goods obtained from the production, the mix, the
assembly, the packing, or the processing in any manner under Section 29 to a bonded
warehouse or a distribution of such goods to a person entitled to a duty exemption under the
law on customs tariff or other laws shall be deemed as an exportation out of the Kingdom, and
the exportation shall be deemed completed at the time of such transfer or distribution. The
provisions of Section 29 and Section 30 shall be applied to a refund of duty or
a return of other guarantees to an importer, mutatis mutandis.
A receiving of the transferred or distributed goods under paragraph one shall be
deemed as an importation into the Kingdom at the time of such transfer or distribution, and the
provisions related to the importation shall be applied mutatis mutandis.
The transfer of goods to the bonded warehouse, the distribution of goods to a
person entitled to a duty exemption, and the receiving of such goods shall be in accordance
with the rules, procedures, and conditions specified by the Director-General.
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Part 4
Ruling of Duty and Appeal of Duty Assessment
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Section 34 In addition to the vacation of office upon the expiration of the term
under Section 33, the qualified member under Section 32 shall vacate office upon:
(1) death;
(2) resignation;
(3) dismissal by the Minister due to negligence in the performance of duty,
misconduct, or incapability;
(4) being a bankrupt, an incompetent person or a quasi-incompetent person;
(5) being imprisoned by a final judgment to a term of imprisonment except for
an offence committed through negligence or a petty offence.
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Section 36 The Customs Duty Ruling Commission shall have the following
powers and duties:
(1) To prescribe a scope of power of a customs officer;
(2) To prescribe rules, procedures and durations for an inspection and an
assessment of duty;
(3) To give rulings on duty related problems submitted by the Customs
Department;
(4) To give advice or make suggestions to the Minister in respect of a collection of
duty.
The prescriptions under (1) and (2), once approved by the Minister and published
in the Government Gazette, shall be proceeded by a customs officer.
The rulings of the Customs Duty Ruling Commission under (3) shall be final.
Section 38 The appeal against a duty assessment under Section 37 shall not
defer a duty payment as assessed by a customs officer unless an appellant is granted a
permission from the Director-General to wait for an appellate decision or a final judgment.
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The appellant granted a permission under paragraph one, shall pay a duty within
thirty days from the date of receiving a notification to strike out an appeal, or an appellate
decision or a final judgment.
In case the appellate decision is to pay an additional duty, the appellant shall
pay a duty within the same period of time as prescribed in paragraph two.
Section 40 In case there is a necessary cause and the Minister deems fit,
an addition of one or more Appeal Committees may be appointed. Such Appeal Committee/
Committees shall consist of the representatives as prescribed in Section 39.
Section 47 A ruling of the Appeal Committee shall be final, made in writing and
submitted to an appellant.
Section 49 The Members of the Customs Duty Ruling Commission, the members
of the Appeal Committee, and the members of the sub-committee appointed by the Appeal
Committee shall be the competent officers under the Criminal Code.
CHAPTER III
IMPORTATION AND EXPORTATION OF GOODS
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Section 52 When importing goods into or exporting goods out of the Kingdom,
an importer or an exporter shall submit a goods declaration to a customs officer according to
the form specified by the Director-General, which shall at least have the following information:
(1) Type of goods;
(2) Quantity, weight and quality of goods;
(3) Customs value;
(4) Country of departure and country of destination.
Once a customs officer has reviewed information declared in the goods
declaration and found that such information is complete, he shall sign the goods declaration or
use any others methods as specified by the Director-General to certify a completion of such
declared information.
Section 53 If imported goods are a passenger’s belongings with a value not more
than that specified by the Director-General, an importer shall not submit a goods declaration of
such belongings.
In case the goods under paragraph one are dutiable, the importer shall pay the
duty when declaring such goods to a customs officer, or when the customs officer detects that
such goods are dutiable.
Section 55 In case a customs officer finds that there is a problem concerning the
amount of duty of goods being passed through a customs formality, such goods shall be
brought to a customs office or stored in any secure place, unless the customs officer and an
importer or an exporter agree that a sample of the goods is to be taken for an analysis of such
problem, a duty in the amount declared in a goods declaration is paid, and an additional cash
guarantee or other forms of guarantees in the amount covering the maximum duty payable on
such goods is deposited.
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Once the customs officer has assessed the amount of duty payable and notified
the importer or the exporter to pay the duty, he shall fully pay the notified amount of duty
within thirty days from the date of receiving a duty assessment notification; unless the cash
guarantee under paragraph one is sufficient to cover the amount of duty, the customs officer
shall collect such security as the assessed duty, and the importer or the exporter shall be
deemed to have fully paid the duty.
Section 60 When goods are imported into or exported out of the Kingdom by
post under Section 50 (4), a person relevant to importation or exportation shall indicate a list of
such goods.
In case there is an offence arises from the importation on exportation of goods
under paragraph one, a liability and a penalty of such offence shall fall upon the following
persons;
(1) An addressee or a recipient of the imported goods; or
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(2) A sender or a person who delivers the exported goods at a post office.
Section 61 The provisions of Section 242, Section 243, Section 244 and Section
245 shall be applied to goods imported into or exported out of the Kingdom by post.
Section 62 A customs officer may inspect a parcel imported into or exported out
of the Kingdom.
In case there is a reasonable doubt, a customs officer may detain a letter or a
parcel until a sender or a person who delivers the exported goods, or an addressee or a
recipient of the imported goods proves to the customs officer that no prohibited goods,
restricted goods or unpaid duty goods are inside such letter or parcel.
Part 1
Importation and Exportation of Goods by Sea
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Section 64 When any vessel enters into the Kingdom, except those of the
government, a master of a vessel shall provide and submit a due report, a manifest and a
vessel registration to a customs officer for examination.
The preparation and the submission of the manifest under paragraph one shall
be in accordance with the rules, procedures and conditions specified by the Director-General.
In case the vessel under paragraph one arrives at a customs house port with
foreign goods on board intended to be exported out of the Kingdom or to be unloaded at
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other ports within the Kingdom, the master of the vessel shall declare information of such
goods in the due report.
Section 68 When a ten-day period from the day a vessel has arrived at a
customs house port is expired; if a master of a vessel has not duly unloaded goods from the
vessel, or an importer has not submitted a good declaration or has not proceeded any measure
for the goods to be duly inspected and released from a customs custody, a customs officer
may order for a storing of such goods in a place designated by the customs officer. The master
of the vessel or the importer shall bare expenses incurred from a movement and storage of
such goods.
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The customs officer shall permit a return of the stored goods under paragraph
one to the importer, provided that a payment of expenses in connection with such goods are
duly paid.
Section 69 When a twenty one-day period from the day a vessel has arrived at a
customs house port is expired; if a master of a vessel has not duly unloaded goods from the
vessel, a customs officer shall have a power to detain such vessel until the master of the vessel
has completely unloaded the goods. The master of the vessel shall bare expenses incurred
from a monitoring of such goods, as well as other expenses.
The Director-General may exempt the charges under paragraph one if the master
of the vessel has provided a reasonable proof that the delay is caused by force majeure or
other unavoidable events.
Section 71 Any vessel leaving the Kingdom from a customs house port, except
those of the government, shall be granted an outward clearance certificate. A master of a
vessel shall have a duty to provide a due report and submit a manifest to a customs officer for
examination.
Once the customs officer has signed the due report, such report shall be
deemed as the outward clearance certificate.
The preparation of the due report and the submission of the manifest under
paragraph one shall be in accordance with the rules, procedures and conditions specified by
the Director-General.
Once the customs officer has signed the due report, such report shall be
deemed as the outward clearance certificate of such customs house port allowing the vessel to
depart from the Kingdom.
The preparation and the submission of the due report and the manifest
prescribed in paragraph one shall be in accordance with the rules, procedures, and conditions
specified by the Director-General.
Section 73 In the case where the fire-arms, the ammunition, the gunpowder or
the explosive have been handed over to the customs officer under Section 67 (4); when such
vessel is about to leave a customs house port, the said articles shall be returned to a master of
a vessel.
Section 74 Any vessel passing through a boarding station in order to sail out to
the sea shall reduce its speed, and a customs officer shall have a power to hail and inquire a
master of a vessel regarding the name and destination of such vessel.
Section 75 When a forty-day period from the day exported goods are loaded
onto a vessel is expired, but the vessel is still in a port area, whether or not the loading is
completed, a customs officer may impose a vessel stationed fee.
The Director-General may exempt the fee under paragraph one if a master of a
vessel has provided a reasonable proof that a delay is caused by force majeure or other
unavoidable events.
The customs officer may detain the vessel under paragraph one until the master
of the vessel pays the fee and expenses incurred from the detention of such vessel.
(2) Export the goods out of the Kingdom within twenty one days from the day
the vessel specified in the former goods declaration has departed from the port.
In the case where such goods have been bonded or guaranteed; if the exporter
does not comply with the procedures or the measures prescribed in paragraph one or
paragraph two, such goods shall be forfeited.
Section 77 All vessels, except those of the government, about to leave a port
shall fly the blue-peter flag at the foremast until its departure. If the vessel departs in the
afternoon, the flag shall be hoisted from the morning. If the vessel departs in the morning, the
flag shall be hoisted from the previous afternoon.
Section 83 In case the goods have been brought into the outer anchorage under
Section 82 but are not wholly or partly loaded onto a vessel, a master of a vessel or an
exporter shall proceed one of the following measures:
(1) Submit a request for a permission to a customs officer in charge of the outer
anchorage to load such goods onto other vessels in the outer anchorage, which will depart to
the same foreign port of destination as declared in a goods declaration;
(2) Ship the goods back to a port of departure with a certified document
regarding details of such goods issued by the customs officer in charge of the outer anchorage
in order to submit it to a customs officer at the customs house. The returned goods shall be
stored in a place designated by the customs officer at the expense of the exporter, and the
provisions of Section 76 paragraph two and paragraph three shall be applied to such stored
goods.
The submission of the request for permission under (1) and a certified document
under (2) shall be in accordance with the rules, procedures and conditions specified by the
Director-General.
shall obtain a clearance certificate from a customs officer at a customs house pursuant to the
rules, procedures and conditions specified by the Director-General, fully pay charges and submit
the clearance certificate to a customs officer in charge of the outer anchorage.
In case the customs officer in charge of the outer anchorage detects that
an exporter has not fully paid a duty, fees and other chargeable dues, such customs officer
shall have a power to retain the clearance certificate until all dues are paid or other forms of
guarantee are deposited.
Part 2
Importation and Exportation of Goods by Land
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Section 88 In order to transport goods through a land frontier into the Kingdom,
a transporter shall undertake the following procedures:
(1) Submit a carrier’s report of all goods in duplicate pursuant to the form
specified by the Director-General to a customs officer at a border crossing point. The customs
officer at a border crossing point shall inspect such transported goods. Once the customs officer
finds that the goods are as prescribed in the carrier’s reports, he shall release such goods and
sign the carrier’s reports, then return one of the carrier’s reports to the transporter. The
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returned carrier’s report shall be deemed as a pass from the border crossing point to a customs
house;
(2) Once received the pass, the transporter shall immediately transport the goods
through an authorized route by the same means of transport, unless otherwise granted a
permission from the customs officer to change a means of transport or to transport goods by
other means. An alteration of goods, their cases or packages is not allowed;
(3) Submit the carrier’s report with the signature of the customs officer at the
border crossing point to a customs officer at the customs house for examination and
proceeding a customs formality.
(2) Export the goods out of the Kingdom within fourteen days from the clearance
date.
In the case where such goods have been bonded or guaranteed; if the exporter
does not comply with the procedures or measures prescribed in paragraph one or paragraph
two, such goods shall be forfeited.
Part 3
Importation and Exportation of Goods by Air
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Section 94 Once any aircraft, except those of the government, has entered into
the Kingdom, a master of the aircraft shall provide a due report of the aircraft and submit an air
manifest to a customs officer at the customs house airport for examination.
The preparation and the submission of the due report and the air manifest under
paragraph one shall be pursuant to the rules, procedures and conditions specified by
the Director-General.
In case the aircraft under paragraph one has arrived at the customs house airport
with foreign goods on board intended to be exported out of the Kingdom, the provision of
Section 64 paragraph three shall be applied mutatis mutandis.
Section 95 Once any aircraft, except those of the government, has entered into
the Kingdom, a master of the aircraft shall have the following duties;
(1) Facilitate a customs officer to go on board;
(2) Answer any question inquired by the customs officer concerning the aircraft,
its crew, passengers, a journey and goods thereon;
(3) Report about fire-arms, ammunitions, gunpowder or explosives on board, and
hand over the fire-arms and the ammunitions to the customs officer as requested. The
gunpowder and the explosives shall be handed to a customs officer specifically appointed for
this purpose.
Section 96 Any aircraft, except those of the government, departing from the
Kingdom at the customs house airport shall be granted a clearance certificate. A master of the
aircraft shall provide a due report of the aircraft and submit an air manifest to a customs officer
at the customs house airport for examination.
Once the customs officer has verified the due report of the aircraft, such report
shall be deemed as a clearance certificate allowing the aircraft to depart from the Kingdom.
The preparation and the submission of the due report and the air manifest under
paragraph one shall be pursuant to the rules, procedures and conditions specified by the
Director-General.
former one. Such procedure shall be undertaken at every customs house airport until being
granted the last clearance certificate to depart from the Kingdom.
Once the customs officer has signed the due report of the aircraft, such report
shall be deemed as a clearance certificate of such customs house airport allowing the aircraft
to depart from the Kingdom.
The preparation and the submission of the due report and the air manifest under
paragraph one shall be pursuant to the rules, procedures and conditions specified by the
Director-General.
Part 4
Agents
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The authorized agent under paragraph one shall be deemed as an owner of the
imported goods, the exported goods, the goods in transit or transshipment.
Section 101 The authorized agents under Section 99 or Section 100 shall follow
the rules, procedures and conditions specified by the Director-General.
In case the agents violate or fail to comply with those specified in paragraph one,
the Director-General may suspend or revoke the agents’ authorities without abridging a right to
enforce a reasonable amount of collateral deposited by such agents. The suspension or
revocation of the agents’ authorities shall not acquit such agents from criminal offences
specified in this Act or any other law.
CHAPTER IV
TRANSIT, TRANSSHIPMENT AND UN-CLEARANCE GOODS
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Part 1
Transit and Transshipment
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Section 102 Any person bringing in goods for transit or transshipment out of the
Kingdom shall submit a declaration pursuant to the forms and follow the rules, procedures and
conditions specified by the Director-General.
The goods under paragraph one are not subject to a duty payment if the terms
prescribed in paragraph one are complied, and such goods are brought out of the Kingdom
within thirty days from the date of their entry into the Kingdom.
A transit where a land frontier is crossed shall be allowed only when there is an
international agreement.
Section 103 In case a person bringing in goods for transit or transshipment does
not bring the goods out of the Kingdom within a period of time prescribed in Section 102
paragraph two; or had requested to change a customs formality to importation under the terms
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specified in this Act but did not pay a duty or did not comply with other laws related to a
customs matter within such period of time, such goods shall become properties of the state.
Section 104 In case there is a reasonable doubt that goods brought in for transit
or transshipment have one of the following characteristics, a customs officer shall have a power
to inspect or search such goods without a warrant.
(1) Goods possessed to be used in terrorism or other matters in connection with
the terrorism;
(2) Types of goods, a transportation or transfer of such goods may affect
international stability, peace or security;
(3) Goods with false declaration of their origins;
(4) Goods in violation of the laws related to transit and transshipment.
The inspection or the search under paragraph one shall be in accordance with
the rules, procedures and conditions specified by the Director-General.
Section 105 In case there is clear evidence that goods have the characteristics as
prescribed in Section 104, such goods shall be forfeitable, irrespective of whether or not there is
a person inflicted with a punishment according to a judgment. The Director-General may order
to destroy such goods with methods that are safe for human, animals, plants, properties and
environment, order to immediately re-export such goods or to proceed any reasonable
measure to disable the reuse of such goods or to make such goods to be used legally at the
expense of a transporter of goods or a master of a means of transport.
Part 2
Un-clearance Goods
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Section 107 Goods remaining in a customs custody in any of the following
manners shall be un-clearance goods:
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(1) Dangerous goods of the types or categories specified under Section 5 (5),
which has been imported but are not taken out of a customs area within the period of time
specified by the Director-General;
(2) Imported goods other than those prescribed in (1), which remain in a customs
custody more than thirty days without a submission of a goods declaration, a duty payment or
a deposit of a guarantee for duty payment of such goods; provided that the Director-General
had sent a written notification to a transporter of goods in order to duly undertake such
procedures, but the transporter did not comply within fifteen days from the date of receiving
such notification;
(3) Imported goods other than those prescribed in (1), which had been submitted
a goods declaration but were not fully paid a duty or deposited a full amount of guarantee, as
well as were not taken out of a customs custody within thirty days from the date of receiving a
written notification of the Director-General.
Section 108 In order to proceed any measure with an un-clearance goods under
this Act, the Director-General shall have the following powers:
(1) Order a customs officer to sell by auction or to destroy such goods; or
(2) Order an importer or a transporter of goods to re-export such goods out of
the Kingdom. If such person fails to comply with the order, a customs officer shall have a power
to destroy such goods at the expense of the importer or the transporter of goods.
The measures applied to the un-clearance goods prescribed in paragraph one
shall be in accordance with the rules, procedures and conditions specified by the Director-
General. In case the measure applied to the un-clearance goods is that specified in Section 107
(1), possible subsequent harms shall be taken into account.
The destruction of the un-clearance goods prescribed in (1) or (2), as the case
may be, shall be safe for human, animals, plants, properties and environment.
If the Director-General finds that the proceeds of the sale of the un-clearance
goods by auction prescribed in (1) will not be reasonable, or if there are other justifiable
reasons, he may order to sell such goods by other methods. In the case where the Director-
General deems that the proceeds of the sale of un-clearance goods, either by auction or by
other methods, will not be reasonable or beneficial, or may cause any damage, the Director-
General may order to proceed any measure with such goods as he deems fit.
Section 109 If goods remained in a customs custody are perishable goods with a
sign of decay or putrefaction, the Director-General may order to destroy or to proceed any
Unofficial Translation
measure at any time as he deems fit, and may collect expenses from an importer or a
transporter of goods.
Section 110 The proceeds of the sale of the un-clearance goods, either by
auction or by other methods under Section 108, shall be deducted for a duty, a storage fee,
removal costs or other charges owed to the Customs Department, including taxes levied under
other laws. The remaining balance shall be deducted for other charges payable to a storage
operator and a transporter of goods, respectively. Any balance remained after the deductions
shall become a property of the state unless an owner of the goods makes a claim for a refund
within six months from the date of such sale.
CHAPTER V
BONDED WAREHOUSE, GODOWN, PLACE OF SECURITY AND PERMITTED PORT
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Part 1
Establishment
_______________
While the submission of the request to establish the godown, the place of
security or the permitted port is in process; if the Director-General deems necessary, he may
grant
a permission to establish a temporary godown, place of security or permitted port. The
requester shall provide a layout with regard to a location and follow the rules, procedures and
conditions specified by the Director-General.
Section 113 Apart from a license fee, the licensee under Section 112 shall pay
an annual fee.
In case the licensee under paragraph one fails to pay the annual fee when it is
due, the Director-General shall send a written notice to the licensee in order to pay such fee in
a period of time as specified by him.
Section 114 In case the license under Section 112 has been lost, destroyed or
significantly damaged, a licensee shall submit a request for a substitute license within fifteen
days from the date of an acknowledgement of such lost, destruction or damage.
The submission of the request and a permission for the substitute license shall
be in accordance with the rules, procedures and conditions specified by the Director-General.
Section 115 The licensee under Section 112 shall display a license or a
substitute license, as the case may be, at a noticeable place within his place of business.
Part 2
Operation
_______________
guarantee to ensure a duty payment or other expenses of which the Customs Department may
claim by laws or agreements.
Section 121 Uninspected goods shall not be moved, bulked, sorted, categorized,
packed or repacked at a permitted port or other places for a transfer of goods from a vehicle,
unless granted a permission from and supervised by a customs officer.
Goods, which have been moved, bulked, sorted, categorized, packed or repacked
by no means conform to paragraph one, shall be forfeited.
Section 126 An import and an export duty shall be exempted for goods released
from a bonded warehouse to be exported out of the Kingdom, whether or not they are in the
same condition as at the time of their importation.
A release of goods from the bonded warehouse to be transferred to another
bonded warehouse, or distributed to the importer under Section 29 or any person entitled to a
duty exemption under the law on customs tariff or other laws shall be deemed as an
exportation out of the Kingdom at the time such goods have been released from the bonded
warehouse. The said procedures shall be in accordance with the rules, procedures and
conditions specified by the Director-General.
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Section 127 In case goods are entitled, by laws, to a duty exemption or a duty
refund upon their exportation out of the Kingdom; if such goods are brought into a bonded
warehouse under Section 116 (2) or (3), they shall be granted the duty exemption or the duty
refund and such goods shall be deemed exported out of the Kingdom at the time they have
been brought into the bonded warehouse. The said procedures shall be in accordance with
the rules, procedures and conditions specified by the Director-General.
Section 129 Any licensee under Section 112 wishing to dissolve a business shall
provide a written notification to the Director-General not less than thirty days prior to the date
of dissolving the business.
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The notification under paragraph one shall be in accordance with the rules,
regulations and conditions specified in the Ministerial Regulation.
Section 130 The licensee, who had been granted a permission to establish
a bonded warehouse, a godown or a place of security and notified the dissolution of business
under Section 129, shall cease the operation under such license.
In case of the bonded warehouse, goods stored therein shall be subject to the
following measures:
(1) Inform an importer to bring goods out of the bonded warehouse and duly pay
a duty within a period of time specified by the Director-General.
(2) Export goods out of the Kingdom, or move to another bonded warehouse,
duty free zone or free trade zone under the law on Industrial Estate Authority of Thailand, or
distribute to the importer under Section 29 or a person entitled to a duty exemption under the
law onf customs tariff or other laws, as the case maybe, pursuant to the rules, procedures and
conditions specified by the Director-General.
In case of the godown or the place of security, goods stored therein shall be
deemed as un-clearance goods, and the measures under Section 108 shall be applied to such
goods.
The Director-General may allow the licensee, who has been granted the
permission to establish the bonded warehouse, the godown or the place of security, to dissolve
the business once the provisions of paragraph two and paragraph three have been complied.
Such license shall be terminated on the day a permission to dissolve the business is granted.
Section 131 In case the licensee, who had been granted the permission to
establish the bonded warehouse and had notified the dissolution of business under Section
129, but failed to comply with Section 130 within a period of time specified by the Director-
General, the Director-General shall order to revoke the license, and goods stored therein shall
be dutiable goods from the day the Director-General has ordered to revoke such license. A
calculation of duty shall be in accordance with Section 14 (1).
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Part 3
Suspension and Revocation of Licenses
_______________
Section 132 If any licensee under Section 112 fails to comply or does not duly
comply with this Act, ministerial regulations or orders issued by virtue of this Act or conditions
set out in a license, the Director-General shall send a written notice to such licensee to comply
or duly comply within a specific period of time. If such licensee fails to comply, the Director-
General shall order to suspend the license.
A licensee whose license has been suspended shall cease an operation within
a period of time specified by the Director-General.
Section 133 The Director-General shall have a power to withdraw the license
suspension order under Section 132 prior to an expiration of the period of time specified in
such order if a suspended licensee has complied with this act, ministerial regulations or orders
issued by virtue of this Act or conditions set out in a license.
Section 134 The Director-General shall have a power to revoke the license under
Section 112 if a licensee commits one of the following actions:
(1) Not proceeding an operation within ninety days from the date of granting the
license or stop the operation more than one hundred eighty consecutive days without notifying
the Director-General under the rules, procedures and conditions specified by him;
(2) Having been suspended the license twice or more;
(3) Violating or failing to comply with a license suspension order;
(4) Not paying an annual fee within a period of time specified by the Director-
General under Section 113 paragraph two.
Section 135 The license suspension order or the license revocation order under
Section 132 or Section 134 shall be noticed to a licensee in writing, and the written notice of
license suspension or revocation shall be displayed at a noticeable place within the licensee’s
place of business.
The provisions of Section 130 and Section 131 shall be applied to the licensee
whose license has been revoked, mutatis mutandis.
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CHAPTER VI
DUTY FREE ZONE
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Part 1
Establishment of Duty Free Zone
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Section 136 Any person wishing to establish a duty free zone for a benefit of a
customs duty in an industrial operation, commercial operation or operations of other activities
beneficial to the nation’s economy shall be granted a license from the Director-General.
The submission of the request and a permission for the license under paragraph
one shall be in accordance with the rules, procedures and conditions specified in the Ministerial
Regulation. When granted the permission, an establishment of such duty free zone shall be
proceeded.
Section 137 Goods brought into a duty free zone shall be entitled to a duty
exemption or a duty refund by laws.
Section 138 A requester for a license to establish a duty free zone shall have the
following qualifications and shall not have the following disqualifications:
(1) Being a state enterprise established under a specific law, a limited company or
a public company;
(2) Having an ownership, a possessory or an operational right over a land or an
area on which the duty free zone will be established;
(3) Not being a person whose duty free zone license is suspended;
(4) Not being a person whose duty free zone license has been revoked unless
the revocation was ordered more than three years prior to the date of a request for the license
submission;
(5) Having other qualifications or not having other disqualifications specified in the
Ministerial Regulation.
Section 140 In the case a license to establish a duty free zone has been lost,
destroyed or significantly damaged, the licensee shall submit a request for a substitute license
within fifteen days from the date of an acknowledgement of such lost, destruction or damage.
The submission of the request and a permission for the substitute license shall
be in accordance with the rules, procedures and conditions specified by the Director-General.
Section 141 The licensee granted a permission to establish a duty free zone
shall display a license or a substitute license, as the case may be, at a noticeable place within
his place of business.
Section 142 Any licensee granted a permission to establish a duty free zone
wishing to dissolve a business shall provide a written notification to the Director-General not
less than ninety days prior to the date of dissolving the business.
The notification under paragraph one shall be in accordance with the rules,
regulations and conditions specified in the Ministerial Regulation.
Section 143 A licensee, who had been granted a permission to establish a duty
free zone and notified the dissolution of business under Section 142, shall cease the operation
under such license and inform a licensee granted a permission to operate business in the duty
free zone to proceed one of the following measures:
(1) Bring goods out of the duty free zone and duly pay a duty within a period of
time specified by the Director-General or
(2) Export goods out of the Kingdom, or move to another bonded warehouse,
duty free zone or free trade zone under the law of industrial estate authority of Thailand, or
distribute to the importer under Section 29 or a person entitled to a duty exemption under the
law of customs tariff or other laws, as the case maybe, pursuant to the rules, procedures and
conditions specified by the Director-General.
The Director-General may allow the licensee, who has been granted the
permission to establish the duty free zone, to dissolve the business once the provision of
paragraph one has been complied. Such license shall be terminated on the day a permission to
dissolve the business is granted.
Section 144 In case the licensee, who had been granted a permission to
establish a duty free zone and had notified the dissolution of business under Section 142, but
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failed to comply with Section 143 within a period of time specified by the Director-General, the
Director-General shall order to revoke the license, any privilege of goods in such duty free zone
shall be terminated, and such goods shall be dutiable goods from the day the Director-General
has ordered to revoke such license. A calculation of a duty shall be in accordance with Section
154.
Section 145 The provisions of Section 132, Section 133, Section 134, Section 135
paragraph one, Section 143 and Section 144 shall be applied to a suspension and
a revocation of license to establish a duty free zone, mutatis mutandis.
Part 2
Request for a Permission to Operate a Business in a Duty Free Zone
_______________
Section 146 Any person wishing to operate a business in a duty free zone shall
be granted a permission from the Director-General.
A submission of a request and a permission for the license under paragraph one
shall be in accordance with the rules, procedures and conditions specified in the Ministerial
Regulation. When granted the permission, an operation in the duty free zone shall be
proceeded.
Section 147 A requester for a license to operate a business in a duty free zone
shall have the following qualifications and shall not have the following disqualifications:
(1) Being a juristic person;
(2) Granted a consent from a licensee to establish the duty free zone to operate
a business;
(3) Not being a person whose duty free zone operation license is suspended;
(4) Not being a person whose duty free zone operation has been revoked unless
the revocation was ordered more than three years prior to the date of a request for the license
submission;
(5) Having other qualifications or not having other disqualifications specified in the
Ministerial Regulation.
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Section 148 The provisions of Section 139, Section 140, Section 141, Section 142,
Section 143, Section 144 and Section 145, including related penal provisions shall be applied to
a licensee granted a permission to operate a business in a duty free zone, mutatis mutandis.
Section 150 For a benefit of controlling a duty free zone, the Director-General shall
have a power to specify categories or types of goods to be brought into or released from the
duty free zone, as well as specify other relevant rules, procedures and conditions as he deems
fit.
Part 3
Privileges of Duty Free Zone
_______________
Section 151 Goods imported into the Kingdom to be brought into a duty free
zone shall be exempted from an import duty in the following cases:
(1) A machinery, an equipment, a tool and an appliance, including components
thereof, which are necessary for a business operation, as well as goods to be used in a
construction, an assembly or an installation of a factory or a building in the duty free zone;
(2) Goods imported to be used in an industrial operation, a commercial operation
or operations of other activities beneficial to the nation’s economy; or
(3) Goods released from other duty free zones.
An export duty shall be exempted for goods released from a duty free zone to
be exported out of the Kingdom.
The exemptions of the import and the export duty under paragraph one and
paragraph two shall be in accordance with the rules, procedures and conditions specified in the
Ministerial Regulation.
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Section 152 In the case where goods are imported into the Kingdom, or local
raw materials are brought into a duty free zone to be produced, mixed, assembled, packed or
processed in any manner for a purpose of exportation out of the Kingdom, such goods shall be
exempted from applications of the laws related to a control of standard or quality, and a stamp
or a marking of such goods.
A bringing of the goods or the raw materials prescribed in paragraph one into the
duty free zone shall be exempted from applications of the laws related to a control of
importation into and exportation out of the Kingdom, a possession or a use of such goods in a
specific area as prescribed in the Ministerial Regulation.
A release of the duty exempted goods under paragraph one and paragraph two
from a duty free zone to be used or distributed in the Kingdom shall be subject to the laws
related to the control of importation into the Kingdom, the possession or the use of such
goods, or the control of standard or quality, the stamp or the marking of such goods from the
date of releasing goods from the duty free zone and such goods shall be deemed imported
into the Kingdom on the date of releasing them from the duty free zone.
The bringing of goods into or the release of goods from the duty free zone under
paragraph one, paragraph two and paragraph three shall be in accordance with the rules,
procedures and conditions specified by the Director General.
Section 153 In case goods are entitled, by laws, to a duty exemption or a duty
refund upon their exportation out of the Kingdom; if such goods are brought into a duty free
zone, they shall be granted the duty exemption or the duty refund assuming that such goods
have been exported out of the Kingdom at the time they have been brought into the duty free
zone. The said procedures shall be in accordance with the rules, procedures and conditions
specified by the Director-General.
Section 154 For goods released from a duty free zone to be imported into the
Kingdom, whether or not they are brought in from outside or inside the Kingdom, a calculation
of duty shall be based on a nature of goods, a customs value and a corresponding customs
tariffs and a duty rate at the time goods are released from the duty free zone.
In case the goods from inside the Kingdom are brought into the duty free zone; if
such goods are not entitled to a duty exemption or a duty refund upon exportation, they shall
not be included in the calculation of duty.
The calculation of duty under paragraph one shall be in accordance with the
rules, procedures and conditions specified by the Director-General.
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Section 155 A release of goods from a duty free zone to be used or distributed
in the Kingdom, transferred to a bonded warehouse, or distributed to the importer under
Section 29 or any person entitled to a duty exemption under the law on customs tariffs or
other laws shall be deemed as an importation into the Kingdom or an importation has been
completed at the time such goods have been released from the duty free zone. The said
procedures shall be in accordance with the rules, procedures and conditions specified by the
Director-General.
A use of goods in a duty free zone for other benefits beyond an objective of an
establishment or an operation of such duty free zone shall be deemed as a release of goods
from the duty free zone, unless the release is for a purpose of disposal or destruction of
damaged, unusable or unused goods in the duty free zone under a permission of the Director-
General pursuant to the rules, procedures and conditions specified by him.
CHAPTER VII
CUSTOMS OFFICER
_______________
Section 157 In the case where there is a reasonable doubt that the provisions
of this Act or other laws related to the customs are violated or not complied, a customs officer
entrusted by the Director-General shall have the following powers:
(1) Enter into a place of business or other places related to a business of an
importer, an exporter, a transporter, an agent of such person or a relevant person as specified
by the Director-General between sunrise and sunset or during working hours of such place. In
this regard, the customs officer shall have a power to order such person or other persons in
such place to comply, as necessary, for a benefit of an inspection;
(2) Arrest an alleged offender under this Act without a warrant when a flagrant
offence is committed, or there are other grounds under the Criminal Procedure Code in order to
deliver the alleged offender to an inquiry officer;
Unofficial Translation
Section 158 A customs officer shall have a power to inspect goods being passed
through a customs formality or under a supervision of the customs, as well as to take a sample
of goods for analysis, value assessment or other purposes for benefits of the government as
necessary without paying a compensation. The samples shall be taken in a manner that causes
the least possible loss or burden to an owner of the goods, and the remaining of samples shall
be promptly returned to the owner.
Section 159 An exercise of the powers by the customs officer entrusted by the
Director-General under Section 157 or by the customs officer under Section 158 shall be
in accordance with the rules, procedures and conditions specified by the Director-General.
The customs officer shall have a power to enter into a place of business to
examine or request for an account, a document, an evidence and any other information related
to goods being passed or have been passed through customs formalities within a period of time
not exceeding five years from the date of an importation of goods into, an exportation of goods
out of or a transit of goods through the Kingdom.
Section 160 When there is a reasonable doubt that any means of transport is
used to bring or take unpaid duty goods, prohibited goods, restricted goods or goods that have
not been passed through a customs formality into or out of the Kingdom, a customs officer
shall have a power to stop the means of transport to inspect or search such means of transport
or a person thereon.
Section 162 A customs officer shall have a power to inspect goods at a place of
business, other related places or any means of transport as requested by an importer, an
exporter or any person concerned.
Section 164 In the case where there is a reasonable doubt that any vessel shall
be seized or inspected under this Act, a customs officer shall have a power to order a master of
a vessel to halt or move such vessel to any proper place. If the master of the vessel violates
such order, the customs officer shall warn him to follow the order. If the master of the vessel
violates such warning, the customs officer shall have a power to proceed any measure in order
to force him to comply, or move the vessel or prevent an escape.
Section 165 Any vessel not exceeding two hundred fifty gross tons, any other
means of transport except an aircraft, a package, a case, or any article used or possessed to be
used in a removal, a concealment or a transportation of unpaid duty goods, prohibited goods,
restricted goods, goods that have not been passed through a customs formality shall be
forfeited irrespective of whether or not there is a person inflicted with a punishment according
to a judgment.
If a vessel exceeding two hundred fifty gross tons is used or possessed to be
used in a manner prescribed in paragraph one, a court shall have a power to order a forfeiture
of such vessel as appropriate.
Section 166 Unpaid duty goods, prohibited goods, restricted goods or goods that
have not been passed through a customs formality shall be forfeitable under this Act.
Unofficial Translation
Section 168 If forfeited goods in respect of an offence committed under this Act
do not belong to an alleged offender; a court shall have a power to order a forfeiture if an
owner of such goods knows or has a reasonable doubt that the offence is committed or will be
committed, but does not proceed any measure to prevent a commission or a completion of
such offence or take a reasonable care to prevent such goods from being involved in the
offence.
Section 169 If a customs officer detects that any person possesses a forfeitable
article under this Act, he shall take note of a detected fact as evidence, and shall be presumed
that such fact is true, and that such person has unlawfully imported such article or imported
such article without passing through a customs formality unless it is proved otherwise.
The provision of paragraph one shall be applied to the offences committed
under the law on a control of the exportation and importation of goods and the law on a
control of money exchange.
Section 170 Any seized goods or article under this Act or other laws related to
the customs shall be delivered to a customs officer for further legal proceedings.
The goods or the articles, which have been seized, or become properties of the
State or forfeited by a court’s order under this Act or other laws related to the customs shall
be distributed pursuant to the rules specified by the Director-General.
Section 171 If seized goods are perishable goods, or a delay of proceeding may
present a risk for damage or require an unreasonable storage cost the Director-General may
Unofficial Translation
order to sell the goods by auction or by other methods before they become properties of the
State pursuant to the rules specified by him.
The proceeds of the sale under paragraph one shall be retained in lieu of the
goods after a deduction of all expenses and charges.
Section 172 In order for a customs officer to perform his duties under this Act,
a person concerned shall provide an appropriate facilitation.
Section 173 In order to perform the duties under this Act, a customs officer shall
present his identity card to a person concerned.
The identity card shall be in accordance with a form prescribed by the Director-
General.
Section 174 In case the offence under this Act is committed in the territorial sea;
once a customs officer has arrested and delivered an alleged offender to a competent inquiry
officer of any locality, the competent inquiry officer of such locality shall be the responsible
inquiry officer in that case. A normal period of transporting the alleged offender to the said
inquiry officer shall not be counted as a time of holding the alleged offender in the custody of
the inquiry officer under the Criminal Procedure Code.
CHAPTER VIII
AUTHORITIES OF THE CUSTOMS IN SPECIFIC AREAS
_______________
Part 1
Customs Control Zone
_______________
Section 175 For the purpose of preventing and suppressing an offence related to
the customs in any local area, such area shall be promulgated as a customs control zone in the
Royal Decree.
Within the customs control zone under paragraph one, a customs officer shall
have a power to inspect or search any building, place, means of transport or person, either
during the day or at night, without a search warrant. The customs officer shall state a
reasonable ground prior to exercising such duty.
Unofficial Translation
In case there is a reasonable doubt that the person, who has been inspected or
searched under paragraph two, has committed an offence under this Act or other laws related
to the customs, and such person fails to provide a reasonable ground, the customs officer shall
have a power to arrest such person without an arrest warrant and deliver him to an inquiry
officer for further legal proceedings.
Section 176 Subject to Section 175 paragraph one, the Director-General shall
have a power to specify categories or types of goods that a trader in a customs control zone is
required to provide in a control-book pursuant to the rules, procedures and conditions specified
by the Director-General.
A customs officer shall have a power to examine the control-book and inspect
goods declared therein as prescribed in paragraph one. If it is detected that amounts or
quantities of goods do not conform to those declared in the control-book without a reasonable
ground, it shall be primarily presumed that such unconformable amounts or quantities are
goods possessed or rendered without a duty payment.
Section 177 Within a customs control zone, the Director-General shall have
a power to issue a notification to designate a specific area to control a transfer of goods therein.
A map identifying a boundary and a district of such specific area shall be annexed to the
notification.
A transfer of goods into, out of or within such specific area shall be granted
a permission from a customs officer pursuant to the rules, procedures and conditions specified
by the Director-General.
Part 2
Common Control Area
_______________
Section 179 The Customs Department shall have the same powers in the
Common Control Area as those in customs areas.
Section 181 A measure when an offence under this Act or other laws related to
the customs is detected in the Common Control Area located in the Kingdom shall be
in accordance with the following rules and procedures:
(1) In case the offence is against the law of Thailand, a customs officer of the
Thai Government shall conduct a legal proceeding;
(2) In case the offence is against the law of the contracting state of the
Agreement; upon request of an officer of the contracting state, a customs officer of the Thai
Government shall deliver a person, an animal, a plant, goods, a means of transport used to
transport such goods, including its master and crew to the contracting state. The Director-
General may exempt a duty payable to or refund a duty paid such imported goods pursuant to
rules and procedures prescribed by him;
(3) In case the offence is against the law of Thailand and that of the contracting
state of the Agreement, a customs officer of the Thai government shall conduct a legal
proceeding in accordance with the law of Thailand, and he shall inform an officer of the
government of the contracting state on an outcome of the legal proceeding once the
proceeding has been completed. Upon request of the officer of the contracting state, the
customs officer of the Thai government may deliver a person, an animal, a plant, goods, a
means of transport used to transport such goods, including its master and crew to the
contracting state of the Agreement after the legal proceeding has been completed.
Section 182 When an offence under this Act or other laws related to the
customs is detected in the Common Control Area located outside the Kingdom, a customs
officer of the Thai Government shall request an officer of the contracting state of the
Agreement to deliver a person, an animal, a plant, goods, a means of transport used to
transported such goods, including its master and crew to the Kingdom in order to conduct a
legal proceeding in accordance with this Act of other laws related to the customs.
When an offence against the law of Thailand and that of the contracting state of
the Agreement is detected in the Common Control Area located outside the Kingdom, a
Unofficial Translation
customs officer of the Thai government may request an officer of the contracting state of the
Agreement to deliver a person, an animal, a plant, goods, a means of transport used to
transported such goods, including its master and crew to the Kingdom in order to conduct a
legal proceeding in accordance with this Act of other laws related to the customs.
Section 183 The Director-General shall have a power to specify the rules and
the practice guidelines related to the customs in the Common Control Area.
Part 3
Coasting Trade
_______________
Section 184 “Coasting trade” means a transportation of goods by sea from one
port to another port within the Kingdom in order to receive a payment from the transportation,
including a trading of such transported goods.
The Director-General shall have a power to issue a notification specifying a form
or a characteristic of a transportation which shall be considered as the coasting trade under
paragraph one.
Section 185 When a vessel used in a coasting trade is departing from a port, a
master of a vessel shall provide and submit a manifest prescribed details of goods on board to
a customs officer pursuant to the rules, procedures and conditions prescribed by the Director-
General.
Once the customs officer has received and signed to certify a correctness of the
manifest under paragraph one, such manifest shall be deemed as a goods clearance certificate
and a vessel clearance certificate.
When the vessel used in the coasting trade arrives at another port, the master of
the vessel shall present the goods clearance certificate and the vessel clearance certificate to a
customs officer in charge at the arrival area within twenty four hours from its arriving in order to
examine a conformity between the goods carried or transported in such vessel and the
manifest from the port of departure.
In the case where it is detected that the goods carried or transported in the
vessel have different types, categories, or quantities from those prescribed in the manifest, it
shall be presumed that such goods have been imported or exported without a duty payment.
Prior to unloading goods from the vessel, the master of the vessel shall submit
the goods clearance certificate and the vessel clearance certificate to the customs officer.
Unofficial Translation
Once granted a permission from the customs officer, the unloading shall be proceeded. The
said procedures shall be undertaken at every port at which the vessel arrives.
Section 186 A master of a vessel shall keep the manifests of every journey as
prescribed in Section 185 on board for a period of three months in order for a customs officer
to examine and record his examination in such manifests.
Section 187 A transfer of goods from a vessel during its journey is prohibited
unless there is an unavoidable necessary cause, and a customs officer in charge at an arrival
area has been notified of such cause.
Part 4
Contiguous zone
_______________
Section 188 All vessels entering into, halting or mooring in a contiguous zone
shall answer any question inquired by a customs officer concerning the vessel, its crew,
passengers, a journey, natures of goods thereon and articles carried on board, and shall comply
with reasonable orders of the customs officer.
Section 189 No vessel in a contiguous zone shall discharge any article without
a reasonable ground or a permission of a customs officer.
Any goods involved in an offence under this Section shall be forfeited
irrespective of whether or not there is a person inflicted with a punishment according to a
judgment.
Section 190 The provisions of Section 66, Section 67, Section 157 (2), Section
160, Section 164, Section 165, Section 167, Section 169 and Section 170 shall be applied to any
action committed in a contiguous zone. The penal provisions related to the above mentioned
Sections and the penal provisions of Section 212, Section 217, Section 219 and Section 241
shall also be applied.
Section 191 In case there is a reasonable doubt that smuggling has been
committed or about to be committed, or that an offence under this Act has been committed in
a contiguous zone, a customs officer shall have a power to order a master of a vessel to halt
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or move the vessel to any place in order to inspect or search the vessel, make an arrest or
pursue legal proceedings.
When the customs officer has arrested and delivered an alleged offender to a
competent inquiry officer of any locality, the competent inquiry officer of such locality shall
have a power to inquire pending an appointment of a responsible inquiry officer by the
Attorney-General or a person acting on his behalf in accordance with the Criminal Procedure
Code. In this regard, a normal period of transporting the alleged offender to the said inquiry
officer shall not be counted as a time of holding the alleged offender in the custody of the
inquiry officer under the Criminal Procedure Code.
Part 5
Joint Development Area
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Section 194 Subject to Section 195, Section 196 and Section 199 (4), the
Customs Department still assumes all powers related to customs matters in connection with
goods imported into or exported out of the Joint Development Area.
Section 195 A movement of any goods into or out of the Joint Development
Area shall be in accordance with the following criteria:
(1) Any goods entered into the Joint Development Area from
(a) any country other than the Kingdom of Thailand or Malaysia, any licensed
warehouse or any bonded area of either the Kingdom of Thailand or Malaysia shall be deemed
as imported goods;
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Section 196 Any goods categorized as prohibited goods under the laws of the
Kingdom of Thailand and Malaysia shall not be permitted to be brought into the Joint
Development Area, except in case of necessity where an exemption is required for a specific
importation. Such exemption shall be made by an agreement between competent authorities
of the Kingdom of Thailand and Malaysia.
Section 198 A customs officer shall have a power with regard to customs
procedures, including a duty collection as provided by this Act, and shall exercise such power in
the Joint Customs Office.
“Joint Customs Office” means the Office of the Joint Customs Committee
established in the Headquarters of the Joint Authority for the purpose of the coordination of
the administration of Customs and Excise laws in the Joint Development Area.
“Joint Customs Committee” means the committee consisting of customs officers
and officers of the Customs and Excise Authority of Malaysia established for the purpose of the
coordination of the administration of the Customs and Excise laws in the Joint Development
Area.
(2) Provided such act is an offence under the Customs-related law of both the
Kingdom of Thailand and Malaysia, the country which may assume jurisdiction over the act shall
be that whose officer first makes an arrest or seizure in respect of the alleged offence;
(3) Provided such act is an offence under the Customs-related laws of both the
Kingdom of Thailand and Malaysia in respect of which there are simultaneous arrests or seizures
by both the Customs Department and the Customs and Excise Authority of Malaysia, the
jurisdiction over the alleged offence shall be determined through consultation between such
Authorities.
(4) Proceeds from any sale of forfeited goods which are the produce of the Joint
Development Area shall be equally shared by the Kingdom of Thailand and Malaysia.
Section 200 For the benefit of this part, the term the “Kingdom” in this Act shall
mean the “Joint Development Area.”
Section 201 The Central Tax Court, the Provincial Court of Songkhla or the
Criminal Court shall assume jurisdiction of any customs case related to the Joint Development
Area.
CHAPTER IX
SANCTIONS
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Section 202 Any person who submits, arranges or allows others to submit a false
or an incomplete goods declaration, documents or information related to a duty payment or
a compliance to this Act, which may cause a misleading in any item declared in such goods
declaration, documents or information to a customs officer, shall be liable to a fine not
exceeding five hundred thousand baht.
Section 203 Any person who notifies, gives statement or answers any question
with false statement or refuse to answer customs officer’s questions required to be answered
under this Act, shall be liable to an imprisonment for a term not exceeding six months, or a fine
not exceeding five hundred thousand baht or both.
Section 204 Any person who falsifies or modifies any document used in any
proceeding under this Act, or modifies a document issued by the government to be used
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according to this Act or falsifies a seal, a signature or other marks of a customs officer used for
any purposes in connection with this Act, shall be liable to an imprisonment for a term not
exceeding six months, or a fine not exceeding five hundred thousand baht or both.
Any person who uses a document, a seal, a signature or a mark which is a result
of the offence committed under paragraph one, shall be liable to the likewise punishment.
Section 205 Any exporter who had submitted an export goods declaration for a
purpose of obtaining a duty refund by declaring a false description of export goods, and a
customs officer detected that such goods are inconsistent with those declared, or their
quantities are less than those declared, or such goods are not actually exported, shall be liable
to imprisonment for a term not exceeding six months, or a fine not exceeding either five
hundred thousand baht or four times of the sum of the claimed duty refund, whichever is
higher, and such goods shall be forfeited.
Section 206 Any importer who submits a claim for a duty refund under Section 28 or
Section 29 by declaring a false statement, fraud, deception or any other likewise means in order
to obtain the duty refund more than the eligible amount, shall be liable to an imprisonment for
a term not exceeding five years or a fine not exceeding either five hundred thousand baht or
four times of the sum of the excess duty refund being claimed, whichever is higher, or both the
imprisonment and the fine.
Section 207 Any person who violates or fails to comply with the rules related to
the storage or the transfer of dangerous goods specified in the Ministerial Regulation, shall be
liable to a fine not exceeding one hundred thousand baht.
Section 208 Any importer or exporter who violates or fails to comply with
Section 51, shall be liable to a fine not exceeding fifty thousand baht.
Section 209 Any master of a means of transport who violates or fails to comply
with Section 56, shall be liable to a fine not exceeding fifty thousand baht.
Section 210 Any person who transfers imported goods or goods to be exported
out of the Kingdom outside the designated area under Section 58 without the permission from
the Director-General, shall be liable to an imprisonment for a term not exceeding two years, or
a fine not exceeding either one hundred thousand baht or three times of the price of the
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goods, whichever is higher or both the imprisonment and the fine and the goods shall be
forfeited,.
Section 211 Any importer or exporter who does not provide marks or numbers
for cases or packages of goods, or does not indicate such marks or numbers on related
documents, shall be liable to a fine not exceeding fifty thousand baht.
Section 213 Any person who violates or fails to comply with Section 63, shall be
liable to an imprisonment for a term not exceeding six months, or a fine not exceeding fifty
thousand baht or both.
Section 214 Any master of a vessel who violates or fails to comply with Section 64,
Section 71, Section 85 combined with Section 71 or Section 163 paragraph two, shall be liable
to a fine not exceeding one hundred thousand baht.
Section 215 Any master of a vessel who violates or fails to comply with the
customs officer’s order under Section 65, shall be liable to a fine not exceeding fifty thousand
baht.
Section 216 Any master of a vessel or master of an aircraft who violates or fails
to comply with Section 67 or Section 95, shall be liable to a fine not exceeding one hundred
thousand baht.
Section 217 Any person other than a master of a vessel, its crew, passengers and
a person with a duty to perform on a vessel who boards onto a foreign vessel while such vessel
is within the Kingdom without a permission from a customs officer, shall be liable to a fine not
exceeding fifty thousand baht.
Section 218 Any master of a vessel who is in control of a vessel carrying goods
within a customs house, port and it appears that the vessel become lighter while the master of
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the vessel cannot prove that the goods have been lawfully unloaded, shall be liable to a fine
not exceeding one million baht and a judge shall be competent to order the confiscation of
such vessel.
Section 219 Any master of a vessel or any master of a land vehicle who commits
any of the following offences shall be liable to a fine not exceeding five hundred thousand
baht:
(1) Control a vessel or a land vehicle with a concealed or disguised place or any
device adapted for smuggling goods, except when it is proved that he has exercised proper
vigilance to prevent a creation of such concealed or disguised place or such device or;
(2) Involve in a construction, an adapting, a placing or a use of the concealed or
disguised place or any device adapted for smuggling goods.
The place or the device under paragraph one shall be destroyed or made to
become an article not being used to commit offences under this Act.
Section 220 Any person who violates or fails to comply with the rules,
procedures and conditions provided under Section 70 or Section 176 paragraph one, shall be
liable to a fine not exceeding fifty thousand baht.
Section 221 Any master of a vessel who violates or fails to comply with Section 72,
Section 74, Section 77, Section 80, Section 82 paragraph two, Section 84 paragraph one, Section
85 combined with Section 77 or Section 185, shall be liable to a fine not exceeding fifty
thousand baht.
Section 222 Any exporter who violates or fails to comply with Section 76
paragraph two, Section 90 paragraph two or Section 98 paragraph two, shall be liable to a fine
not exceeding ten thousand baht.
Section 223 Any master of a vessel who violates or fails to comply with Section 79,
shall be liable to a fine not exceeding five hundred thousand baht, and the goods related to
such offence shall be forfeited.
Section 224 Any person who violates or fails to comply with Section 81, Section 92,
Section 120 or Section 121, shall be liable to a fine not exceeding fifty thousand baht.
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Section 225 Any exporter who violates or fails to comply with Section 82
paragraph one, shall be liable to a fine not exceeding fifty thousand baht.
Section 226 Any master of a vessel or exporter who violates or fails to comply
with Section 83, shall be liable to a fine not exceeding fifty thousand baht.
Section 227 Any person who violates or fails to comply with Section 86, shall be
liable to an imprisonment from three months to ten years, or a fine of four times of a price of
goods including a duty or both, and the goods related to such offence shall be forfeited
irrespective of whether or not there is a person inflicted with a punishment according to a
judgment.
Section 228 Any master of a vessel who moors a vessel or transfers goods
imported into or exported out of the Kingdom in an area other than the inland waterways
designated as a land frontier by the Director-General under Section 87, shall be liable to a fine
not exceeding fifty thousand baht.
Section 229 Any person who violates or fails to comply with Section 88 or
Section 89, shall be liable to a fine not exceeding one hundred thousand baht, and the goods
related to such offence shall be sequestrated until the procedures are duly complied.
Section 230 Any master of an aircraft who violates or fails to comply with the
rules, procedures and conditions prescribed in Section 93 paragraph one, shall be liable to a
fine of not exceeding fifty thousand baht.
An owner or an officer of an airport who violates or fails to comply with Section 93
paragraph two, shall be liable to a fine not exceeding fifty thousand baht.
Section 231 Any master of an aircraft who violates or fails to comply with
Section 94 or Section 96, shall be liable to a fine not exceeding one hundred thousand baht,
and the goods related to such offence shall be sequestrated until the procedures are duly
complied.
Section 232 Any master of an aircraft who violates or fails to comply with
Section 97, shall be liable to a fine not exceeding fifty thousand baht.
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Section 233 Any licensee under Section 112 who violates or fails to comply with
Section 115 or Section 129, shall be liable to a fine not exceeding fifty thousand baht.
Any person who had been granted a license to operate a bonded warehouse,
a godown or a place of security; once notified a dissolve of business but violated or failed to
comply with Section 130 paragraph one, shall be liable to a fine not exceeding fifty thousand
baht.
Section 234 Any person who violates or fails to comply with an order of a
customs officer in charge of a permitted port under Section 119, shall be liable to a fine not
exceeding fifty thousand baht.
Section 235 Any person who violates or fails to comply with the rules,
procedures and conditions prescribed in Section 122, shall be liable to a fine not exceeding one
hundred thousand baht, and the goods related to such offence shall be forfeited.
Section 236 Any person who violates or fails to comply with Section 123 or
Section 172 or fails to comply with the rules, procedures and conditions prescribed in Section
156, shall be liable to a fine not exceeding ten thousand baht.
Section 238 Any person who has been granted a license to operate a duty free
zone but violates or fails to comply with Section 141, Section 142 or Section 143 paragraph
one, shall be liable to a fine not exceeding fifty thousand baht.
Section 239 Any person who obstructs a customs officer from exercising his duty
or fails to comply with an order of the customs officer entrusted by the Director-General under
Section 157, shall be liable to an imprisonment for a term not exceeding one year, or a fine not
exceeding one hundred thousand baht or both.
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Section 240 Any person who violates or fails to comply with an order of
a customs officer or obstructs the customs officer from exercising his duty under Section 160,
shall be liable to a fine not exceeding fifty thousand baht.
Section 241 Any master of a vessel who violates or fails to comply with a
warning of a customs officer or obstructs the customs officer from exercising his duty under
Section 164, shall be liable to an imprisonment for a term not exceeding one year, or a fine not
exceeding one hundred thousand baht or both.
Section 242 Any person who imports or exports goods, which have not been
passed through customs formalities into or out of the Kingdom, or unloaded goods from a
means of transport, a bonded warehouse, a godown, a place of security, a permitted port or a
duty free zone without a permission from a customs officer, shall be liable to an imprisonment
for a term not exceeding ten years, or a fine of four times of a price of goods including a duty or
both. Such goods shall be forfeited irrespective of whether or not there is a person inflicted
with the punishment according to a judgment.
Any person who attempts to commit the offence under paragraph one, shall be
liable to the equivalent penalty.
Section 243 Any person who imports goods, which have been passed through or
being passed through a customs formality, into or exports such goods out of the Kingdom in
any manner to avoid or attempt to avoid a duty payment with an intention to defraud the
government’s duty payable for such goods, shall be liable to an imprisonment for a term not
exceeding ten years, or a fine from half but not exceeding four times of an additional duty or
both. The court may order to forfeit such goods irrespective of whether or not there is a person
inflicted with the punishment according to a judgment.
Any person who attempts to commit the offence under paragraph one, shall be
liable to the equivalent penalty.
Section 244 Any person who imports goods, which have been passed through or
being passed through a customs formality into, or exports such goods out of the Kingdom, or
brings goods in for transit or transshipment in any manner to avoid or attempt to avoid
restrictions or prohibitions of such goods, shall be liable to an imprisonment for a term not
exceeding ten years or a fine not exceeding five hundred thousand baht or both. The court may
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order to forfeit such goods irrespective of whether or not there is a person inflicted with the
punishment according to a judgment.
Any person who attempts to commit the offence under paragraph one, shall be
liable to the equivalent penalty.
Section 246 Any person who assists in concealing, disposing, taking away,
purchasing, accepting pledge or receiving by any means of goods, when he should have known
that such goods are related to the offence under Section 242, shall be liable to an
imprisonment for a term not exceeding five years, or a fine of four times of a price of goods
including a duty or both.
If the person committing the offence under paragraph one knows that goods are
related to the offence under Section 243, he shall be liable to an imprisonment for a term not
exceeding five years, or a fine from half but not exceeding four times of an additional duty or
both.
If the person committing the offence under paragraph one knows that goods are
related to the offence under Section 244, he shall be liable to an imprisonment for a term not
exceeding five years, or a fine not exceeding five hundred thousand baht or both.
Section 247 Any person who brings or allows other persons to load or unload
prohibited goods, restricted goods or goods which have not been passed through customs
formalities onto or from a vehicle, shall be liable to the equivalent penalties as prescribed in
Section 242 or Section 244, as the case may be.
Section 248 In the case where the offence under Section 242 is committed in a
vessel over two hundred fifty gross tons or an aircraft; if a master of such vessel or a master of
such aircraft fails to exercise his vigilance to prevent the commission of such offence, he shall
be liable to a fine not exceeding five hundred thousand baht.
Section 249 Any person who violates or fails to comply with the rules,
procedures and conditions prescribed in Section 177 paragraph two, or violates or fails to
comply with Section 187, shall be liable to a fine not exceeding one hundred thousand baht.
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Section 250 Any master of a vessel who fails to answer or comply with an order
of a customs officer under Section 188, shall be liable to a fine not exceeding ten thousand
baht.
Section 251 Any person who violates or fails to comply with Section 189, shall
be liable to an imprisonment for a term not exceeding one year or a fine not exceeding either
fifty thousand baht or two times of a price of goods, whichever is higher, or both the
imprisonment and the fine.
Section 252 The person who commits the offence under Section 202, Section
242 or Section 244, shall be liable irrespective of a willful intention to commit such offence.
shall be deducted and paid as a reward to an authorized customs officer. In the case where the
exhibits have not been forfeited or cannot be sold, the amount of such payment shall be
deducted from the fine.
(3) In the case where a duty deficit is discovered by a competent customs officer
which results in an additional duty collection, ten percent of the additional duty shall be
distributed as a reward.
The rewards under (1) and (2) shall be deducted and paid to the informant not
exceeding five million baht per case and paid to the authorized customs officer not exceeding
five million baht per case. The reward under (3) shall be deducted and paid to the competent
customs officer not exceeding five million baht per discovery.
Section 256 Subject to Section 257, the offences under this Act; if the persons
committing such offences agree to pay the fines, enter into agreements, or bond or deposit
a guarantee as the Director-General deems fit, the Director-General may waive prosecutions, and
the cases shall be deemed terminate under the provisions of the Criminal Procedure Code.
In the case where the Director-General deems fit to prosecute any person under
this Act, he shall record a reason wherefore such person should be prosecuted.
Section 257 For the offences under Section 227, Section 242, Section 243,
Section 244 and Section 247, provided that the value of the exhibits including the duties
exceeds four hundred thousand baht, the Case Settlement Committee shall have a power to
settle the cases.
The Case Settlement Committee under paragraph one shall consist of a
representative of the Customs Department, a representative of the Ministry of Finance and
a representative of the Office of the National Police
When the Case Settlement Committee had settled any case, and an alleged
offender paid a fine, or entered into an agreement, or bonded or deposited a guarantee
pursuant to the ruling and within a period of time specified by the Case Settlement Committee,
the case shall be deemed terminate under the provisions of the Criminal Procedure Code.
Transitional Provisions
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Section 258 The qualified members of the Customs Duty Ruling Commission
under the Customs Act, B.E. 2469 (1926) who had been in duties prior to the day this Act
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entered into force, shall remain in duties under this Act until the qualified members of the
Customs Duty Ruling Commission are appointed according to the provision of this Act, provided
that the appointment shall not be made later than one hundred eighty days from the day this
Act enters into force.
Section 260 The provisions with regard to the period of time to bring goods out
of the Kingdom under Section 102 and Section 103 shall not be applied in the case where there
is an existing binding international agreement.
Section 261 The Director-General shall have a power to order the payment of
rewards paid to informants and rewards paid to the customs officers for the case where the
offences or the deficits in duty collection had been discovered prior to the day this Act entered
into force, in accordance with the rates specified in Section 102 ter of the Customs Act, B.E.
2469 (1926) as amended by the Customs Act (No. 12), B.E. 2497 (1954).
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Countersigned by
General Prayuth Chan-o-cha
Prime Minister
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RATES OF FEES
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