Following our previous client alert in which we announced that the effective date of the Ministry of Commerce Notification Regulating the Dual-Use Items (“Notification”) issued on 16 October 2015 under the existing Export and Import of Goods Act B.E. 2522 (1979) was postponed until 1 January 2019, the Cabinet approved in principle on 18 December 2018 to further postpone the effective date of the Notification for another year to 1 January 2020.

The rationale for this postponement is consistent with the previous decision to hold back on issuing regulation, which is to update the list of goods that are considered dual-use items (“DUI”) to accurately reflect the EU Dual-Use Item List 2017, as well as updating the Harmonized System Codes to be used for goods that may be considered as DUI to be the latest version. Moreover, the current e-Trade Management of Dual-use Items, which is being developed by the Ministry of Commerce as an online hub for granting export licenses and for self-certification by operators, is still yet to be completed.

The Thai government is now shifting its focus to the draft Trade Control on Weapons of Mass Destruction Related Items Act ("Draft Act"), which is aimed to eventually replace the Notification in its entirety. The Draft Act is currently under the consideration of the National Legislative Assembly.