Get ready for the new personal data protection law

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Get ready for the new personal data protection law

Economy March 21, 2019 01:00

By SPECIAL TO THE NATION

IT CAN’T BE denied that the communication technologies we have today have created tremendous changes and improvements in our lives. But technological change doesn’t come without challenges and risks. What do we need to be aware of when it comes to the free flow and processing of our personal data?

The two issues that lie at the heart of personal data processing are trust and protection. The disclosure, use or transfer of personal data must be handled safely and only for the agreed and intended purpose. We, as the data owners, have the right to see our personal data protected. It is a fundamental right everyone has, whether they are individuals, customers or employees, and many countries have already put this issue into the national agenda.

The design and development of concrete personal data protection mechanisms need to include a data protection framework that’s backed by strong law enforcement. Thailand’s Personal Data Protection bill is now closer to becoming reality after it was approved by the National Legislative Assembly at the end of February.

After it’s been signed and endorsed by the monarch, it will be published in the Royal Gazette and passed into law. Its provisions relating to the collection, use, and disclosure of personal data will take effect in the year following its enactment so we won’t see any enforceable changes until 2020. This means that we still have time to prepare and adjust to the new law setting.

Data owner consent is a key element of the bill. Consent will be needed for processing personal data and the processing must be directly relevant to the agreed and lawful purposes. The bill says that consent must not impose unnecessary conditions on the data owner, must be freely given, and must be specific, informed and unambiguous.

Data controllers, whether they are an individual or an entity, have the power to make decisions regarding the collection, use and disclosure of personal data. And they must be able to demonstrate that the data owner has voluntarily given consent and must ensure that the interests, fundamental rights and freedom of the data owner are not overridden. In conclusion, getting the correct type of legitimate consent at the outset is recommended.

The bill requires that data controllers as well as processors, and individuals or entities, who process personal data on behalf of or under the instruction of data controllers, implement appropriate technical and organisational measures and policies to help safeguard and protect the data from any risks. For example, there should be an effective system to safeguard data and prevent data leaks and misuse, and a clear policy on the documents needed to support any use of the data collected, and the keeping and destruction of the data.

The bill also sets out the rights of data owners and the obligations of data controllers and processors, as well as how compliance will be monitored. The penalties for violations are also there and include administrative fines, imprisonment and other impositions.

Discussion around the bill has increased public awareness of data protection issues. Because of this, as well as preparing for the new legislation, companies, organisations and other parties should be aware of the changes and make sure they communicate clearly with their customers and other data owners.

The year following the bill’s enactment will be a testing time. Those companies still unsure of what action to take should seek professional advice so they are in compliance with the new law by the time it takes effect.

Companies need to recognise that the law is not simply aimed at compliance monitoring. This means there is much more to do when it comes to issues surrounding data protection and the handling of personal data.

Contributed by VUNNIPA RUAMRANGSRI, partner and NOPPARAT LALITKOMON, manager for legal and tax services, PwC Thailand.

No post-election obstacles seen for EEC

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No post-election obstacles seen for EEC

Economy March 21, 2019 01:00

By PHUWIT LIMVIPHUWAT
THE NATION

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WHILE SEVERAL parties contesting Sunday’s election have pledged to review the junta’s flagship Eastern Economic Corridor (EEC) development scheme, experts said yesterday that most infrastructure projects will continue regardless of which political parties form the post-election government.

“All the parties are in favour of infrastructure development, so progress on the EEC is unlikely to be affected after the election,” said Burin Adulwattana, chief economist and strategist at Bangkok Bank. Burin made the comment at a Fitch Ratings (Thailand) seminar yesterday on the country’s post-election economic and development outlook.

The EEC scheme strenuously promoted by the junta-led government is focused on basing new-technology industries in Chon Buri, Chachoengsao and Rayong.

At least three major political parties – the Democrat, Pheu Thai and Future Forward – have vowed to study the details of the project and proposed investment to ensure the scheme is worth continuing. All three have agreed in principle, however, that the development policy itself is sound.

Chatchart Sittiphan of Pheu Thai has said the next government would have to be careful about the investment aspect since the EEC project is vast, involving a huge amount of money.

The junta-backed government aimed to raise Bt1.9 trillion in investments from both the public and private sectors between last year and 2022.

Among others, key projects include upgrading U-tapao Airport to international standards, a high-speed railway linking Suvarnabhumi, Don Mueang and U-tapao airports, and innovation-based “smart cities” that will attract tourists.

“Many key projects have already been approved through the EEC Act, so they can’t simply be overhauled by the next government,” Burin said.

“And the Constitution obliges the incoming government to adhere to the 20-year national strategy, which includes several flagship infrastructure projects launched by the current government.”

Not even a party that opposes existing development policies could change direction, he said. The EEC projects are unlikely to be scrapped.

Obboon Thirachit, director of Fitch Rating (Thailand), said the EEC Act “should provide comfort for investors” about the continuity of the projects.

“Furthermore, given that the main political parties include infrastructure development among their key policies, the EEC projects should not be disrupted by the next government.

“However, there could be delays in the approval of some projects that haven’t yet been approved, so investment in them could be slower than expected due to the process of forming a new government after the election,” he said.

A Fitch Ratings report on Thailand released in January cited the high possibility of a relatively weak coalition government emerging from the election, the result of current electoral regulations. That weakness could pose challenges for the next government when formulating policy, it said.

Obboon said the threat to investment inflow wasn’t political opposition to EEC development but rather the risk of political instability that could follow the election.

Burin added that foreign investors in the capital market had “expressed concern on this issue while also having a certain level of scepticism over the prospects for the EEC”.

“However, Thai firms bidding on EEC projects, as well as Chinese and Japanese investors in the manufacturing sector, do see the potential for growth in the EEC.”

Burin said development of the EEC in the next decade would reinvigorate private and public investment, which has been lacklustre in the past decade, and would help Thailand avoid the “middle-income trap”.

Meanwhile Prime Minister Prayut Chan-o-cha, the PM candidate nominated by the pro-junta Phalang Pracharat Party, was in Chachoengsao yesterday inspecting construction of the Automatic and Tyre Testing, Research and Innovation Centre.

Representing a Bt3.7-billion investment, the centre is envisioned as part of an EEC automotive cluster that will enhance Thailand’s global competitiveness, Prayut told reporters.

“I will push this project forward to the second phase to help rubber-related industries,” he said.

Parties offer mixed bag of economic goodies

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Parties offer mixed bag of economic goodies

Economy March 20, 2019 01:00

By   KWANCHAI RUNGFAPAISARN
THE NATION

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AS ECONOMIC policies are among of the most salient promises for winning the hearts of voters in Sunday’s election poll, pundits and experts are analysing the proposals put forward by the political parties.

Among them is Punyapon Tepprasit, chief executive officer of MVP Consultant and lecturer in the MBA industrial management programme at Ramkhamhaeng University.

Punyapon shared his thoughts in a recent interview with The Nation.

Punyapon is concerned that “populist” policies have dominated the policy discussion so during this year’s campaign, as they are useful for reaching their target voters and getting them out to vote. Meanwhile, the populist policies implemented in some countries have caused their economic system to fail, in particular the policies of Venezuela.

Punyapon notes that three political parties – Democrat, Pheu Thai and Phalang Pracharat – can expect to win the overwhelming majority of votes in the poll. These parties are in the mainstream of Thai politics, and will together send the largest proportion of representatives to the House Representatives, and any one of them could emerge as the key government player. And so, their economic policies deserve serious consideration.

Punyapon said the Democrat Party is this election focused on policies intended to solve the problem of poverty. In particular, they aim to raise the productivity of agriculture through the Blue Title Deed Project in order to access funding sources to ensure water is available year-round so farmers could raise productivity. This could result in addressing a major pain point for Thai farmers. Similarly to the farmers’ income insurance, it could be proved effective and continued. However, it is interesting to consider that GDP indicators are not the only useful indicators. Other assessments could be used to reduce the gaps and disparities including environmental factors, public health, and others. This point is interesting for helping to prepare the country for success in the modern world.

Meanwhile, Pheu Thai Party, the Democrat’s main competitor, also has had both positive and negative outstanding economic performances, including the rice-pledging policy of the Yingluck government. In the latest election race, the party’s policies are quite interesting, said Punyapon, especially those focused on strengthening Thai SMEs, which have been the largest domestic business component driving the real economy for a long time. The interest point with Pheu Thai’s economic platform is the proposal to create a “finance company” in every province to expand the opportunities for SMEs, and others who want to do business, to access funding sources. The opportunity could be expanded to help launch careers and build incomes across the country.

“This point is interesting,” said Punyapon, “and I personally want to see this, because it would reduce the number of people having to relocate to large cities, and would reduce the crime, when jobs are available in every province.”

Phalang Pracharat Party is perhaps best know in this election for having General Prayut as its sole candidate for Prime Minister. The interesting point with their economic platform is that they have adopted the policies that were outlined in the 20-year national strategy. It is likely to continue to run the country much as it has performed in recent years, as a sort of Lego jigsaw-style extension, said Punyapon. Their interesting point is to upgrade the skills of 5 million producers through creating “smart” SMEs, 1 million smart farmers, 1 million startups, and 1 million makers and community retailers.

The concern is whether or not the programme could truly be “smart”, said Punyapon. The current database, which should be created and used to support entrepreneurs to store data, is not working properly. Cleaning and organising the Big Data to be used could take many years. What should not be done, says Punyapon, is to focus too much on startups, and there is a need to admit that Thailand remains distant from its goal of creating the unicorn startups that have succeeded in some other countries. Real success and serious action has yet to be seen regarding the agricultural policy 4.0 that was implemented under the junta regime. That policy is focused on increasing incomes, alternative innovations, reducing debt burdens, reducing risks, and reducing costs.

Economic policies that could appeal to the large majority of citizens could include, for example, giving money to pregnant mothers, child support payments and allowing old cars to be exchanged for electric cars.

“Personally, I think they don’t help the economy in the long run,” said Punyapon. “They are just short-term promotions and would not really change the long-term situation.”

“Looking at the economic policies of the three parties, if the policies of the Democrat Party could be merged with those of Pheu Thai Party, it would be good and I believe it could be the foundation of a long-term economic development mechanism. This could make the Smart Project of Phalang Pracharat party emerge as the reality and not a problem. For the upcoming election, everyone please use your rights and consider the various policies carefully. Are they just marketing campaigns or how realistic are they for Thailand?”

If people considered the policies carefully, “we can really have good government,” said Punyapon.

BOI nods to Bt2.28 tn investment

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BOI nods to Bt2.28 tn investment

Economy March 20, 2019 01:00

By The Nation

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The Board of Investment (BOI) has approved investment proposals by both Thai and foreign firms of about Bt2.28 trillion for four years, with 54 per cent of them targeting the Eastern Economic Corridor (EEC).

Speaking at a meeting chaired by Deputy Prime Minister Somkid Jatusripitak for monitoring state enterprises’ plans to drive investment and private investment through the BOI, he said all agencies should drive the economy as strategically planned. The BOI encourages the private sector to invest and drive the digital economy as targeted in 2020 when 5G will be used, he added.

BOI secretary-general Duangjai Asawachintachit said that it had approved 5,518 investment applications worth approximately Bt2.28 trillion, including the EEC’s Bt7.215-billion product loading project for container vessels at Laem Chabang Port during 2015-2018.

During the past four years of the EEC’s Bt1.24-trillion approved investment plans, about 60 per cent, or Bt738.16 billion, were for Chon Buri province, 31 per cent, or Bt383.57 billion, for Rayong province and 9 per cent, or Bt117.03 billion, for Chachoengsao province, she said.

Projects previously approved in principle are the high-speed rail project, which will connect the country’s three main airports; the third phase of the Laem Chabang Port project; the third phase of the Map Ta Phut Port project; the U-Tapao Airport development project; the eastern aviation city project and the Digital Park Thailand project, she said.

Of the total investment plans approved during this period, about 65 per cent or Bt1.49 trillion were for targeted industries, she said.

During the past four years, about 6 per cent, or Bt128.20 billion, of the approved investment plans were for five new targeted industries, led by biotechnology projects worth Bt54.65 billion. Such biotech projects mainly involve research and development such as the use of leftover from the agricultural sector’s raw materials including cellulose, production of green hydrocarbon from agricultural produce, and plant varieties and animal breeds with modern biotechnology. The other four newly targeted industries are robotics for industry, digital, aviation and medical services.

The digital industry has registered a sharp expansion, compared to other newly targeted industries, with total approved investment value at Bt26.53 billion, including projects for a digital park, digital technology services, Cloud services and a data centre, Duangjai said.

About 59 per cent, or Bt1.36 trillion, of total investment plans approved targeted five industries: cars and auto parts, electronics and electrical appliances, petrochemical and chemical products, agriculture and food processing, and tourism.

The BOI has approved 206 projects worth Bt50.53 billion for solar farms and biomass power plants in 20 provinces, led by Sa Kaeo province, which has the lowest per capita income, 54 projects worth Bt9.42 billion for border special economic zones and 25 projects worth Bt12.76 billion in the southernmost provinces.

Trade expected to get a boost as second Thai-Myanmar Friendship bridge opens

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Prime Minister Prayut Chan-o-cha, third from right, shakes hands with Myanmar State Counsellor Aung San Suu Kyi, centre, during the opening ceremony of the second Thailand-Myanmar Friendship Bridge on Tuesday.
Prime Minister Prayut Chan-o-cha, third from right, shakes hands with Myanmar State Counsellor Aung San Suu Kyi, centre, during the opening ceremony of the second Thailand-Myanmar Friendship Bridge on Tuesday.

Trade expected to get a boost as second Thai-Myanmar Friendship bridge opens

ASEAN+ March 20, 2019 01:00

By The Nation

6,011 Viewed

The second Thailand-Myanmar Friendship Bridge linking Thailand’s Mae Sot district and Myanmar’s border city of Myawaddy on the Thai-Myanmar border has been officially opened to facilitate cross-border transport of goods and people.

Prime Minister Prayut Chan-o-cha and Myanmar State Counsellor Aung San Suu Kyi presided over the opening ceremony held on Tuesday in the middle of the bridge.

During the ceremony, Prayut said the bridge reflected the good bilateral relationship and emphasised the “natural strategic partnership” of the two neighbouring countries.

As the head of Thailand’s government and the representative of its citizens, Prayut said he was glad that both countries would have another route for transportation to facilitate border development and seamless connectivity.

Spanning the Moei River between Ban Wang Takhian in the Tha Sai Luat subdistrict of Mae Sot with Myawaddy in Myanmar, the bridge has been constructed at a cost of around Bt4 billion and consists of a bridge, a 17-kilometre road in Thailand and a four-kilometre road in Myawaddy, as well as border control facilities.

Thai authorities expect the bridge to help connect the Kingdom’s economic zone with Myanmar, facilitate convenience in logistics and transportation, promote tourism, trade and investment, as well as reduce traffic congestion in the first Thailand-Myanmar Friendship Bridge.

During the meeting, Prayut also asked Suu Kyi for cooperation in tackling haze and smoke across the border. The Myanmar State Counsellor said she realised the importance of the issue and would order her Environment Ministry to step up measures to tackle it.

Meanwhile, Suu Kyi expressed her support for Prayut as Thailand’s Asean chair this year.

News Feed

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News Feed

Economy March 19, 2019 01:00

By The Nation

2,291 Viewed

ROCK THAILAND SEES TOP JAPAN STARTUPS SHARING BIZ MODELS

Seeing the Kingdom as the new regional innovation hub, the Japanese Embassy in Bangkok, in collaboration with Thailand’s Ministry of Digital Economy and Society, CP Group and True Corporation, launched Rock Thailand, a start-up incubation project.

Rock Thailand is being used to open a stage for 10 top technology start-ups from Japan to present their business models to 20 key Thai enterprises and take part in its networking session.

Japanese ambassador to Thailand, Shiro Sadoshima, said the Rock Thailand event is being held as part of Japan’s Open-Innovation Columbus project to support Japanese start-ups in the areas of innovation and knowledge exchange. The project began with the initiation of talks between leading Thai enterprises and Japanese start-ups.

Japan aims to promote cooperation between its start-ups and the Thai business community, said Pichet Durongkaveroj, minister of Digital Economy and Society, adding that this is what has led to the Open Innovation Columbus Project.

This is in line with the government’s Thailand 4.0 policy, which aims to drive the economy through innovations and digital transformation, including the Smart City project and development of the Eastern Economic Corridor (EEC).

Thailand is being seen as the new innovation hub of the region outside Japan – both in terms of trade and investment. Under the regime, small and medium enterprises stand to benefit from the use of Internet of Things (IoT) technology to connect businesses in Japan, Thailand, Cambodia, Laos, Myanmar, Vietnam and the global market.

Suphachai Chearavanont, CEO of CP Group, said the corporation attaches importance to the nation’s digital transformation.

“Our vision is not just for our group of companies, but for Thailand as a whole. Thailand needs to invest in research and development for start-up businesses and their ecosystem.

“The collaboration with the Embassy of Japan and the Digital Economy and Society Ministry enables us to exchange views with successful Japanese start-ups. We believe the power of leading start-ups from Japan will support us in developing innovations and advanced technologies and escalate the country to its Thailand 4.0 vision,” he said.

The event was co-hosted by CP Group and True.

One and done, a single rate hike was more than enough

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One and done, a single rate hike was more than enough

Economy March 19, 2019 01:00

By SPECIAL TO THE NATION

AFTER AN extended period of holding the policy rate at 1.50 per cent, the Monetary Policy Committee (MPC) decided in December 2018 to raise the policy rate to 1.75 per cent. At the following meeting in February 2019, the committee voted to maintain the policy.

Still, two members out of six voted to raise the policy rate by 25 bps to 2 per cent, implying that a further rate hike is still possible.

However, we believe raising the benchmark rate further would jeopardise economic growth momentum, particularly as the global macro backdrop is turning more challenging. Moreover, an interest rate hike in the current global economic environment would put the Bank of Thailand at odds with other central banks, heightening upward pressure on the baht and suppressing inflation.

In its latest policy statement, the MPC continued to stress that “accommodative monetary policy would remain appropriate in the period ahead”. To better anticipate the MPC’s next move, we first try to assess the current stance of BoT’s monetary policy.

We employ the classic method of estimating the natural rate of interest advocated by Laubach and Williams. It is assumed that the neutral rate is the rate that supports full employment/maximum economic output while keeping inflation constant. Simply put, the neutral rate is the rate at which monetary policy stands neutral between “accommodative” and “tightening”.

Our calculation of a forward-looking natural rate puts the real neutral rate (R*) for the Thai economy at the end of 2019 at 0.95 per cent. With a policy rate of 1.75 per cent and core inflation at 0.7 per cent, the real interest rate is currently in line with R*. This suggests that Thailand’s monetary policy stance is neutral.

At this juncture, further raising the policy rate would shift monetary policy to a tightening stance, which would contradict the MPC’s view that an accommodative monetary policy remains appropriate for the period ahead.

The macroeconomic backdrop is

turning more challenging amid escalating trade tensions and a global economic slowdown. Regardless of the outcome of the US-China trade negotiations, we expect global trade to slow significantly in 2019 as the benefits from front-loading efforts reverse. This is supported by recent data showing that Thailand’s exports have contracted for three consecutive months.

Moreover, an interest rate hike in the current global economic environment would put the Bank of Thailand at odds with other central banks, especially the US federal reserve which has just signalled that it will put further rate hikes on hold.

Raising the benchmark rate further would thus add strengthening pressure on the baht, which will in turn suppress inflation. It is important to note that Thailand’s core inflation rate has been hovering below the lower bound of the central bank’s target range of 1-4 per cent over the past three years.

Contributed by KOMSORN PRAKOBPHOL, head of Tisco Economic Strategy Unit (ESU).

Parties rolling out the goodies

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Parties rolling out the goodies

Economy March 19, 2019 01:00

By THE NATION

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A MINIMUM income guarantee scheme, restructuring of the tax system, increase in minimum wage, price guarantee for agricultural products and boost for industry were some of the many promises that major political parties outlined as part of their election manifestos on the economy at a seminar.

Speaking at the “Shaping the Thai Industry 2025” seminar organised by Federation of Thai Industries, Democrat Party leader Abhisit Vejjajiva called for the lowering of the country’s logistics costs and the setting up of 12 metropolises nationwide for wealth redistribution.

He said a Democrat government would push reforms for green industry, with manufacturing of automobiles shifting to electric vehicles (EVs). The promotion of an EV production base is also on the election manifesto of Pheu Thai Party.

Abhisit promised to deal with the country’s debt problem, promote savings and bring in a tax system that would be fair with no corruption.

The Democrat also promised an income guarantee scheme to help employees and employers. Under the proposed scheme, an employee must earn a minimum salary of Bt10,000 per month or Bt120,000 per year. An employee earning less than that would be eligible for an allowance from the government for the balance amount.

The Democrat leader promised that in the first 100 days of taking office, his government would boost people’s purchasing power to prop up the Thai economy through price guarantees for agricultural products, a minimum income of Bt120,000 per year for the workforce and an increase in the state welfare card amount to Bt800 per month for purchase at any shops.

Phalang Pracharat Party deputy leader Suvit Maesincee said that Thailand has been trapped in an income gap, which could be solved by boosting national competitiveness through the Thailand 4.0 policy.

If his party were to be in government, it would reform public-sector supervision and restructure the Thai tax system to make the private sector more competitive at the global level, he said.

About 5 million smart SMEs and 1 million smart farmers will be targeted as Thailand’s new economic army, with 30 favourable living cities nationwide, he said.

Biotechnology, renewable energy and the green economy would be boosted to make up 25 per cent of GDP, while the hiring of 20 million skilled and knowledge-based workers would help upgrade Thai manufacturing, he said. Phalang Pracharat Party proposes to gradually raise the minimum daily wage from Bt325 to Bt425 within three years, subject to each area’s economic conditions and capacity.

In the first 100 days after taking office, the party will focus on ensuring stability and peace so as to build confidence in the Thai economy, Suvit said.

Chairwoman of Pheu Thai Party’s election strategy committee Sudarat Keyuraphan said the party would improve the public administration system and crack down on corruption.

The party would engage in trade negotiations with other countries to mitigate risks from trade wars, find more export destinations and promote the relocation of manufacturing bases with technology transfer to Thailand, she said.

In the first 100 days, the party proposes to increase the purchasing power of the main groups such as farmers by raising agricultural prices without imposing a burden on the government, she said. For example, PTT Plc and the Electricity Generating Authority of Thailand may purchase energy crops.

Non-EEC (Eastern Economic Corridor) manufacturing plants will also be promoted to enjoy the same privileges as those in the EEC, while SMEs will be assisted in debt restructuring, she said. Excise tax on fuel will be cut to help lower production costs and people’s cost of living.

Bhumjaithai Party leader Anutin Charnvirakul, while expressing confidence that his party would be invited to join the government, aims to promote production and reduce corruption. He vowed that instead of the EEC, industries would be promoted nationwide.

He said that in the first 100 days, he proposes to amend ministerial regulations that hinder trade and business while public spending will be prioritised and public agencies will use locally made products.

Anakot Mai Party or Future Forward Party representative Phicharn Chaowapatanawong said the party is proposing the hyperloop for faster travel instead of the high-speed rail. New industries such as electric bus and EV will be promoted for creation of about 400,000 jobs and these industries would be located in the Northeast, he said.

During the first 100 days, the party will ensure transparency with public disclosure on the website, while personal assets of politicians and high-level state officials will also be disclosed, he said, adding that it aims to reduce disparity by increasing state welfare for newborns and ageing people.

PM touts village fund

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PM touts village fund

Economy March 19, 2019 01:00

By The Nation

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Prime Minister Prayut Chan-o-cha yesterday chaired the opening of the “National Fund for People … Reduce Poverty and Inequality” forum, along with Deputy PM Somkid Jatusripitak, PM’s Office Minister Suwapan Tanyuwattana and Director of the National Village and Urban Community Fund Office Natee Klibthong.

In his opening speech, the PM said that over the past three years, the government had injected more than Bt70 billion into the National Village Fund for about 200,000 projects. He claimed it would bring Bt39 billion in cash flow to the economy and Bt8.5 billion in profit to the communities.

As Asean chair, Thailand can help fix WTO, says Canadian trade negotiator

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Stephen de Boer
Stephen de Boer

As Asean chair, Thailand can help fix WTO, says Canadian trade negotiator

business March 19, 2019 00:12

By WICHIT CHAITRONG
THE NATION

10,889 Viewed

CANADIAN and Thai trade negotiators believe the Kingdom can play a leading role in reforming the World Trade Organisation (WTO) to save it from complete collapse.

However, one local economist disagrees, saying it is beyond the capacity of such a small country to save the WTO from a crisis in its multilateral trading system.

Stephen de Boer, Canada’s ambassador and permanent representative to the WTO, said in an exclusive interview with The Nation that Thailand is the 2019 chair of the 10-country Asean trade bloc and its ambassador has assumed the helm of the WTO General Council.

These positions give the Kingdom substantial leverage in WTO reforms, de Boer said.

Sunanta Kangvalkulkij, Thailand’s ambassador to the WTO, is chairing its General Council – its highest-level decision-making body – in Geneva,

“She can influence the way things roll out this year,” de Boer said.

Thailand is among the 90 countries actively supporting the multilateral trading system and is engaging in the reform negotiations, he said, but the process requires input from all 164 members.

Canada recently created “the Ottawa group” of WTO members in a bid to restore public and governmental trust and confidence in the organisation.

“The multilateral trading system is facing significant challenges,” de Boer said. “A lot of people say it’s because of the [Donald] Trump administration, but that’s probably unfair.” Isolationism under President Trump is just one of many challenges confronting the WTO, he said.

WTO members are also mired in the Doha development agenda, talks for which began in 2001. The agricultural sector, specifically, is posing obstacles, though agreement has been reached on export subsidies, environmental clauses and information technology, while negotiations on fishery subsides should be completed by December. Currently, talks are underway on e-commerce.

“We’ve recently faced a challenge regarding the system of resolving disputes, while the US has blocked the appointment of new members to the WTO appellate body,” de Boer said. “There should be seven members, but they are only three right now, dropping to one by December. You need at least three to form a quorum, so the panel will cease being functional.”

He said Canada shared the US view that changes were necessary to improve the WTO, which was founded in 1995. Members are examining what works well and what doesn’t.

However, he agrees with the US that the dispute-settlement mechanism is too legal – too much like a court of law. But, de Boer said, Canada objects to the US tactics of blocking appointments to the appellate body, as it undermines the world trade body.

Regulations governing the appellate are not always clearly worded and prone to contradictory interpretations, as is common in any legal system, he said.

Dispute settlement

“The fundamental question is: Do you believe in the system overall ?” He asked.   “And if you believe in the system, you are willing to abide by a decision you don’t agree with [as well as] abide by a decision you do agree with,” said de Boer.

The US under Trump’s leadership has been taking action unilaterally against China and other countries in trade disputes. This has undermined the multilateral system, which requires members to settle their disputes via the WTO dispute-settlement mechanism.

Trump raised tariff rates against Chinese goods, citing unfair trade practices against US companies as well as China’s continuing high-trade surplus with the US. He has also taken unilateral action against other countries by raising tariffs on imported washing machines, solar panels, steel and aluminium – which is negatively affecting Thailand, EU, Canada, Mexico and other countries. China has retaliated against the US by raising tariffs against US goods.

“We hope the US will return to the WTO,” de Boer added.

In separate interview, Auramon Supthaweethum, director-general at the Department of Trade Negotiations, confirmed to The Nation that Thailand, as Asean chair, will play a greater role in saving the WTO.

The Thai government and WTO held a seminar in Bangkok last week entitled “WTO-Asean Regional Policy Dialogue on WTO Reforms ”. Senior Asean officials will meet in Laos early next month to discuss coordinating collective actions to push for WTO reforms, she said.

“Thailand agrees that it is urgently needed to find solutions to the deadlock in the appellate body before December,” she added.

The economist Sakon Varanyuwatana, however, is sceptical about Thailand’s leadership role at the WTO. “We in Thailand – a small country – cannot do much given that the US, a powerful country, has ignored the multilateral trading system,” he said, adding that many countries have also created trade blocs as an alternative or supplement to the multilateral trading system.

“Thailand should instead focus on negotiating free-trade agreements under RCEP and CPTPP,” Sakon suggested.