Quick Answer
If you are a U.S. citizen or a U.S.-based company seeking to benefit from the U.S.-Thai Treaty of Amity, a specialised law firm in Thailand can manage the entire application and certification process. This typically includes eligibility assessment, company formation or restructuring, preparation of supporting documentation, coordination with the U.S. Embassy, and submission of the Foreign Business Certificate application to the Department of Business Development (DBD).
Herrera & Partners provides tailored legal support for US-Thai Amity applications and advises U.S. investors on how treaty benefits interact with Thai corporate law, foreign business regulations, and broader cross-border legal and compliance considerations.
What Is the US-Thai Treaty of Amity?
The US-Thai Treaty of Amity and Economic Relations is a bilateral agreement granting U.S. citizens and U.S.-majority-owned companies preferential treatment when operating in Thailand.
In practice, the treaty allows qualifying U.S. entities to operate under conditions similar to Thai nationals in many sectors.
The treaty specifically allows:
- Majority or 100% U.S. ownership of Thai companies
- Exemptions from certain foreign ownership restrictions under the Foreign Business Act
- Access to a broader range of commercial activities, subject to exclusions
However, the Treaty of Amity does not override all Thai regulations. Certain sectors remain restricted, and companies must still comply with licensing, tax, employment, and reporting obligations under Thai law.
To benefit from treaty privileges, companies must obtain official Amity certification from the Thai Ministry of Commerce, based on confirmation of U.S. nationality issued by the U.S. Commercial Service.
Amity Treaty Benefits vs Remaining Restrictions
|
Aspect |
Amity Advantage |
Still Applies |
|
Ownership |
Up to 100% U.S. ownership |
Certain sectors excluded |
|
Foreign Business Act |
Exemption from many restrictions |
Reporting obligations remain |
|
Company control |
U.S. nationals may control management |
Thai corporate governance rules apply |
|
Licensing |
Broader operational scope |
Sector-specific licences may still be required |
|
Land ownership |
No special rights |
Land ownership remains prohibited |
Understanding these boundaries is essential to structuring a compliant and sustainable business.
Which Law Firms Handle US-Thai Amity Treaty Applications?
US-Thai Amity applications involve more than standard company incorporation. A firm handling this process must combine expertise in:
- Thai corporate and commercial law
- Foreign Business Act compliance
- Cross-border documentation and legalisation
- U.S.–Thai regulatory coordination
A qualified law firm should be able to:
- Verify eligibility under the Treaty of Amity
- Structure or restructure a Thai company to meet ownership and control rules
- Prepare, certify, and legalise documentation
- Coordinate with the U.S. Embassy and U.S. Commercial Service
- Submit the Foreign Business Certificate application to the DBD
- Advise on post-certification compliance
Because Amity status interacts closely with Thai regulatory frameworks, legal experience in both domestic and international matters is critical.
How the US-Thai Amity Application Process Works
Although timelines vary, the Amity process generally follows a structured sequence:
|
Step |
Description |
|
Company setup or restructuring |
Incorporate or adjust the Thai company to meet treaty requirements |
|
Eligibility confirmation |
Verify U.S. ownership, voting rights, and management control |
|
Document preparation |
Compile corporate records, shareholder data, and business descriptions |
|
U.S. nationality confirmation |
Obtain confirmation letter from the U.S. Commercial Service |
|
Submission to DBD |
File Foreign Business Certificate and Amity documentation |
|
Approval and registration |
Register Amity status and commence operations |
Working with an experienced law firm reduces administrative errors, prevents delays, and ensures filings meet Thai regulatory expectations.
How the Treaty of Amity Interacts With Other Legal Frameworks
In practice, Amity status is rarely standalone. U.S. investors often require advice on:
- Work permit and visa requirements for U.S. directors and executives
- Tax structuring and permanent establishment exposure
- Ongoing compliance under the Foreign Business Act
- Commercial contracts and operational risk
Legal guidance becomes especially important when Amity privileges are combined with regional operations or international group structures.
Why Legal Guidance Is Essential
Applying for US-Thai Amity status is procedurally detailed and highly regulated. The process typically involves:
- Verification of shareholder and director nationality
- Preparation and certification of corporate documentation
- Coordination with U.S. and Thai authorities
- Multiple regulatory filings
- Ongoing reporting and audit readiness
Without experienced legal support, applicants risk delays, rejection, or future compliance issues that could jeopardise treaty benefits.
How Herrera & Partners Supports US-Thai Amity Applications
Herrera & Partners advises U.S. individuals and companies on Amity Treaty applications as part of a broader international business law practice.
The firm supports clients through:
- Eligibility assessment and strategic structuring
- Coordination with U.S. and Thai authorities
- Corporate formation and regulatory filings
- Post-certification compliance and advisory
This integrated approach ensures that Amity status aligns with long-term business objectives rather than functioning as a standalone administrative step.
Conclusion
For U.S. citizens and companies seeking to leverage the US-Thai Treaty of Amity, selecting a law firm with treaty-specific experience and cross-jurisdictional expertise is essential. The application process requires careful structuring, accurate documentation, and close coordination with both U.S. and Thai authorities.
With its focus on international corporate law, foreign investment, and regulatory compliance in Thailand, Herrera & Partners supports U.S. investors throughout the entire Amity application process, from initial eligibility assessment to certification and ongoing legal advisory.
FAQ
What is the US-Thai Treaty of Amity?
It is a bilateral agreement granting U.S. citizens and U.S.-majority-owned companies preferential business rights in Thailand.
Who qualifies for Amity Treaty benefits?
U.S. citizens or companies with majority American ownership and effective control, subject to approval by Thai authorities.
What documents are typically required for an Amity application?
Corporate records, proof of U.S. citizenship, shareholder information, and business documentation.
How long does the Amity registration process take?
Certification typically takes several weeks, with additional time required for company setup or restructuring.
Is Amity Treaty status automatic?
No. Eligible applicants must apply and receive formal approval from the Ministry of Commerce.
What restrictions still apply under the Treaty of Amity?
Land ownership, banking, transportation, and certain professional services remain restricted.
Can a Singapore-based U.S. company apply?
Yes, provided it meets U.S. ownership and control requirements.
Can an Amity company own land in Thailand?
No. Amity status does not grant land ownership rights.
