Legal Updates for December 2021

New Regulation on DUI Control Measure

Thailand’s Trade Controls of Weapons of Mass Destruction Act B.E. 2562 (2019) ("TCWMD Act"), which took effect on 1 January 2020, seeks to prevent the proliferation of weapons of mass destruction ("WMD"). However, the TCWMD Act has lacked the regulations needed to implement Thailand's trade control rules regarding WMD, which includes "dual-use items" ("DUI"), and the Ministry of Commerce as the administering regulator of the TCWMD Act has postponed the enforcement of the DUI export control measure many times. 

After several public hearings, the Notification of the Ministry of Commerce re: measures for the purpose of control of goods related to the proliferation of WMD and measures related to the goods with a reasonable doubt of the end use or the end user related to the proliferation of WMD, also known as the Catch-all-Control notification ("CAC Notification"), was published in the Royal Gazette on 27 October 2021 and will become effective on 26 December 2021. The CAC Notification sets out the general rules regarding the measure imposed for the control of DUI. The Department of Foreign Trade ("DFT") (under the MOC) is the main regulator under the CAC Notification. In this Update, we explain the rationale behind the issuance of the CAC Notification and its intended scope.