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Translation
EXPORT PROMOTION ACT, B.E. 2503 (1960) 1
__________
BHUMIBOL ADULYADEJ, REX.
Given on the 12th Day of April B.E. 2503;
Being the 15th Year of the Present Reign.
His Majesty King
Bhumibol Adulyadej is graciously pleased to
proclaim that:
Whereas it
is expedient to have the law on export promotion;
Be it,
therefore, enacted by the King, by and with the advice and
consent of the Constituent Assembly acting as the National Assembly, as
follows:
Section 1. This Act is called the “Export
Promotion Act, B.E.
2503”.
Section 2. This Act shall come into force as from
the day
following the date of its publication in the Government Gazette.2
Section 3. In this Act,
“Board”
means the Board of Export Promotion;
“Chairman”
means the Chairman of the Board of Export
Promotion;
“member”
means a member of the Board of Export Promotion
and includes the Chairman of the Board of Export Promotion;
“Office”
means the Office of Export Promotion.
Section 4.3 Three
shall be a Board of Export Promotion, called
in brief “BEP”, consisting of the Chairman of the Board and not more than nine
other members appointed by the Prime Minister, and the Secretary-General of
the Office as member and secretary.
The
Director-General of the Customs Department, Director-
General of the Department of Economics, Director-General of the Department
of Agriculture, Director-General of the Rice Department, Director-General of
the Department of Livestock Development, Director-General of the Royal
Forestry Department, Director-General of the Department of Mineral
Resources, Director-General of the Department of Foreign Trade, Director-
General of the Department of Internal Trade, Director-General of the
Department of Industrial Promotion and not more than seven other persons
appointed by the Prime Minister shall be advisers of the Board.
Section 5. The Board shall have the following
duties:
(1) to proceed
with activities concerning export promotion;
(2) to examine
and control the export of goods;
(3) to advise on
the use of any measures affecting export
promotion or concerning goods standards.
Section 6. In performing duties under section 5,
the Board
shall have the following powers:
(1) to request
Ministries, Sub-Ministries, Departments or State
enterprises to submit statistics and other particulars necessary for export
promotion or concerning the compliance with the law on exported goods
standard;
(2) to issue a
written summons to any person to give statements or
to submit accounts, documents or materials for supplementing consideration.
The Chairman
shall have the power to entrust an official of the
Office to execute the powers prescribed in this section in whole or in part by
issuing an instrument of authorization to such official.
The official
authorized to perform the duties under the foregoing
paragraph shall produce the instrument upon being requested by the person
concerned.
Section 6 bis.4 The
service of summons under section 6 (2)
shall be made by registered post or by an official of the Office at the domicile
or office of the person to whom the summons is directed in the day time
between sunrise and sunset.
If the person to
whom the summons is directed refuses to accept
the service without lawful cause, the official of the Office shall be entitled to
request any competent administrative or police official to accompany him as a
witness and shall, if such person still refuses to accept the summons, leave the
summons on the spot.
If the official
of the Office fails to meet the person to whom the
summons is directed at his domicile or office, such service may be made on any
person over twenty years of age who is living or working at the dwelling place
or office known to be that of the person to whom the summons is directed.
If the official
fails to meet any person or meets a person but he
refuses to accepts the summons and there is a reason to believe that the person
to whom the summons is directed is present there and intends to avoid the
service, the summons shall be posted on a conspicuous place at his domicile
or office.
When the
official of the Office has followed the procedure
mentioned in paragraph two, paragraph three or paragraph four, it shall be
deemed that the person to whom the summons is directed has received it.
Section 7. A member or an adviser appointed by the
Prime
Minister holds office for a term of two years. A member or an adviser who
vacates office may be re-appointed.
Section 8. In addition to vacating office at the
end of the term
under section 7, a member or an adviser vacates office upon:
(1) death;
(2) resignation;
(3) being a
bankrupt;
(4) being an
incompetent or quasi-incompetent person;
(5) being
imprisoned by a final judgment of imprisonment except
for a petty offence or an offence committed through negligence.
When a member or an adviser vacates office before the end of the
term, the Prime Minister may appoint another person to replace him.
A member or an
adviser appointed under the foregoing paragraph
holds office for the remaining term of the member or adviser replaced by him.
Section 9. At a meeting of the Board, if the
Chairman is
unable to attend or is absent from the meeting, the members shall elect one
among themselves to preside over the meeting.
Section 10. At a meeting, the presence of not less
than one-half
of the total number of members is required to constitute a quorum.
A decision of
the meeting shall be by a majority of votes.
In casting
votes, each member shall have one vote; in case of an
equality of votes, the person who presides over the meeting shall have an
additional vote as the casting vote.
Section 11. The Board may appoint a sub-committee
to
consider or carry out any matter as entrusted by the Board.
Section 12. There shall be the Office of the
Export Promotion
established under the law on the organization of the Office of the Prime
Minister, having the duty to carry out activities in compliance with the
resolutions of the Board and to do any other administration works.
Section 13. Whoever fails to appear to give
statements or
submit accounts, documents or any materials as required under section 6 (2)
shall be liable to imprisonment for a term not exceeding one month or to a fine
not exceeding two thousand Baht, or to both.
Section 14. The members or officials authorized by
the
Chairman under section 6 shall not disclose any statement, number or statistics
received in the performance of their duties in a manner which is likely to cause
damage to any person except where the disclosure is made in the course of their
official duties or for the benefit of any inquiry or trial.
Whoever
violates the foregoing paragraph shall be liable to
imprisonment for a term not exceeding six months or to a fine not exceeding
five hundred Baht, or to both.
Section 15. The Prime Minister shall have charge
and control of
the execution of this Act.
Countersigned by:
General T. Kittikachorn
Deputy Prime Minister
Certified correct translation
(Taksapol Chiemwichitra)
Office of the Council of State
_______________________
1 As last amended by the Export Promotion Act (No.2), B.E. 2509
(1966)
2 Published in the Government Gazette Vol. 77, Part 31, Special
Issue, dated 13th
April B.E. 2503 (1960)
3 As amended by section 3 of the Export Promotion Act (No. 2),
B.E. 2509 (1966)
4 Added by section 4 of the Export Promotion Act (No. 2), B.E.
2509
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