2.5 years stay for yachts in Thailand

The following is a Thai Customs Department Notification (29/2021) which is good news for those planning to visit the Kingdom of Thailand in their yachts. Marine tourism is an important part of the coastal economies in and around Phuket, and the Gulf of Thailand. The introduction of these new rules is a sign that the authorities see the value of the marine recreation sector.

Principle, Methods and Conditions and Customs Procedure Regarding Pleasure Craft and Sport Vessel as per Type 3 (Khor) Section 4

For a more suitable customs clearance process with exemption from payment of duty for Pleasure Craft and Sport Vessel, which is accompanied with the owner or temporarily imported and to be re-export in accordance with aforementioned on Type 3 (Khor) Section 4 of the Royal Decree on Custom Tariff B.E. 2530 (1987).

By virtue of Section 7 and Section 51 of the Customs Act B.E. 2560 (2017) together with Type 3 (Khor) Section 4 of the Royal Decree on Custom Tariff B.E. 2530 ( 1987), the Director-General of the Customs Department issues a notice as follows.

Clause 1: The Customs Department Notification No. 147/2561 on the principles, methods and conditions about Pleasure Craft and Sports Vessels or Fishery Boats as per Type 3 (Khor), Section 4, dated 31st May 2018 shall be revoked.

Clause 2: General provision on custom clearance for Pleasure Craft and Sports Vessel.
2.1 “Pleasure Craft and Sports Vessel” refers to a boat for recreational activity or a boat for sports activity without being used for commercial purposes unless having permission according to the Thai Vessel Act.
2.2 Boat inward and outward reporting.
Under Section 64 and Section 65 of the Custom Act B. E. 2560 ( 2017, for temporarily imported Pleasure Craft and Sports Vessels, the Master of the Vessel shall provide and submit a due report and a manifest to the Customs authority same as other boats arriving from abroad within 24 hours from the arrival date, and shall submit the Ship Inwards Report (Form 372) attached hereto, and present the vessel’s registry certificate upon the inspection.
Under Section 70 and 71 of the Customs Act B.E. 2560 (2017), any Pleasure Craft and Sports Vessels wishing to be re-exported, the Master of the Vessel shall have a duty to provide a due report and submit a manifest to the Customs authority by using the form Declaration for Ships Outwards ( Form 373) , then the vessel shall be granted a Clearance Outwards form ( Form 378) attached hereto.

Clause 3: The inward and outward custom clearance for temporarily imported Pleasure
Craft and Sports Vessels.
Temporarily importing the pleasure craft and sports vessels in the Kingdom according to
Type 3 (Khor) Section 4 of the Royal Decree on Custom Tariff B.E. 2530 (1987) Type 3 (Khor) “with the vehicle information system” shall be proceeded as follows.
3.1 Inward custom clearance
3.1.1 The importer shall file the information or submit the Ships Inwards Report (Form 372, attached hereto, to the Customs authority along with other supporting documentary as follows.
(1) Original Vessel registry certificate and a copy
(2) Original Passport and a copy
(3) Other documents such as the original copy of port clearance, photos of the vessel
with her name (coloured photos) etc.
In case the owner of the vessel does not import the vessel himself, a power of attorney from the owner is required and shall be granted to a person travelling with the vessel, to be responsible for vessel temporarily importation.
3.1.2 When the customs authority completely examines rights of the importer according to the principles and conditions of Type 3 ( Khor) , Section 4 of the Royal Decree on Custom Tariff B.E. 2530 (1987), the data will be recorded in the “vehicle information system” and the running number of Simplified Customs Declaration will be issued.
The custom authority will print out the declaration form along with a certified copy from the computer system of the Customs Department, and affix seal overleaf on the original and the copy follows.

For the owner

Warning
Upon the importer’ s failure to re-export the boat, payment of compensation according to the contract of surety ship shall be affected, and the importer shall simultaneously become liable to either a fine or an imprisonment or both for violation of Thai Customs Laws.
Signed……………………… Promisor

The importer shall sign as acknowledgement on the original and copy of the declaration form, and the original paper shall be retained as the evidence for custom clearance. The copy and others supporting documents will be kept with the custom authority for control and monitor.
3.2 Outward custom clearance
3.2.1 The importer who desires to re-export a temporarily imported vessel, shall file information or submit the Declaration for Ships Outwards (Form 373) attached hereto to the customs officer together with other related evidence as following.
1) The original copy of Simplified Customs Declaration Form
2) Passport
3) other documents (if any)
In case the owner of the vessel does not export a boat himself, a power of attorney is required from the owner, for any person responsible for the boat export.
3.2.2 When the customs authority inspects and releases the vessel to be reexported, the authority will write off the said vessel from the record of temporary inward account which is provided according to Type 3 (Khor) Section 4 of the Royal Decree on Customs Tariff B.E. 2530 (1987) in the “vehicle information system”.
3.3 Guarantee and Warranty
3.3.1 A guarantee or warranty shall be deposited in cash or a bank guarantee or any other guarantees, or personal guarantee are required, in case the importer has no record of offence committing or is under risk condition or has no other causes for self-guarantee.
3.3.2 The guarantee will be determined based on total amount of price plus taxes of all kinds of the boats imported as guarantee amount. Fraction will be round up.
3.4 Guarantee timing and guarantee agreement renewal.
3.4.1 The guarantee agreement term will be subject to necessity in each case, but it shall not exceed 6 months from the import date.
Only the owner of the vessel or a traveler with the vessel authorized by the owner can stay more than 6 months from the import date. If they desire to extend the term of temporary importation of the vessel, they shall file an application for an extension to the period of stay of the temporarily imported vessel and renewal of the guarantee agreement by providing reasons, and submitting the extension for at least 5 working days before the due date of the agreement. The time extension shall not exceed 2 years and 6 months from the import date.
Nevertheless, the owner of the vessel or the operator of marina or any persons authorized by the owner shall file a report of stay to the customs checkpoint on every 6 months, by submitting a report within 1 month prior due date of stay.
If there is necessary cause to extend the term of stay of the temporarily imported vessel and renew the guarantee agreement, it can be done case by case.
The documents in support of consideration for temporary imported vessel term extension and guarantee agreement renewal as per paragraph two and three are as follows.
(1) Application for guarantee agreement renewal
(2) Original simplified declaration
(3) Copy of vessel’s registry certificate
(4) Copy of passport and the page with seal affixed about traveling inwards and outwards
(5) In case of the owner of the vessel does not import by himself, a certified power of attorney from the owner is required along with identification card or passport of the grantor and the grantee.
(6) Other documents such as the certificate of yacht repair, or the certificate of mooring/docking from a marina, or the map of mooring location, in case of she is not in the marina, etc.
Requesting the term extension according to paragraph two and three does not apply in the case of information in the registration certificate showing that the owner of the Vessel is Thai nationality or is a Thai juristic person.
3.4.2 Guarantee agreement enforcement
When the period of stay is due according to the guarantee agreement, if the importer does not re-export the vessel, the Customs Department will enforce the guarantee agreement in full amount as specified. Unless in the case of delay by the importer to deliver the vessel as specified in the guarantee agreement, without intention to violate the compliance, the Customs Department will fine the vessel due to breach of guarantee agreement at daily rate of 1,000 Baht, from the due date. Nevertheless, it shall not exceed 10,000 Baht. In case of a reason to enforce the guarantee agreement or fining less than such specified rate, the director of the Customs Office or the custom checkpoint officer can consider operation as they see fit for certain operators.
In case the importer desires to pay duty and tax to import the Pleasure Craft and Sports Vessel, according to Section 10 of the Royal Decree on Customs Tariff B. E. 2530 (1987) without re-export the vessel, the importer shall pay duty and taxes and proceed with the laws before the due date of request for temporary yacht importation.

Clause 4: This notice is enforced from 19th February 2021 and onwards.
Announced on 19th February 2021
Mr. Pachara Anantasilp
Director General of the Customs Department

 
 
 
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