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March 10, 2010

Thailand's new Free Trade Agreement with China:
The China-Asean Free Trade Area (CAFTA)

By Jon Fernquest

container shipAsian economies were the first to recover from the global economic crisis.

The impact of the crisis on Asia would have been much less if Asian countries did not rely so heavily on trade with the US and Europe.

The China-Asean Free Trade Area (Cafta)
that came into effect at the beginning of this year promises to reduce this reliance by increasing the proportion of intra-Asia trade in the trade of Asian nations thus insulating Asia from problems in the larger world economy (at least in theory).

Today's article provides a lot of background on the new China-ASEAN trade. The article begins after the vocabulary.

China-Asean Free Trade Area (Cafta) - the FTA between ASEAN states and China that began this year (See Wikipedia)
intra - within
insulate - protect from the outside, reduce negative effects and impact

Economics
ASIA FOCUS: CHINA KNOWLEDGE

China links up with Asean to boost trade

8/03/2010
Charles Chaw and Tony Wang

For a long time, China relied on the European Union and the United States as its major trading partners. In 2009, the trade value between China and these two giants accounted for 16.5% and 13.5% of China's total foreign trade, respectively.

However, the global financial crisis, which broke out in 2008, caused demand from the EU and the US to stagnate and shocked China's export-oriented economy.

links - connections ความเชื่อมโยงกัน
links up with - connects with, makes connections with
boost - to increase; to strengthen เพิ่ม; ทำให้มีกำลังมากขึ้น
trade - the buying and selling of goods การค้าขาย
partners - the companies owning part of the joint venture หุ้นส่วน
trading partners - other countries that your country trades with
global - throughout the world ทั่วโลก
crisis - an urgent, difficult or dangerous situation วิกฤต
break out - when some bad condition starts spreading (example: there was a break out of the fatal disease in the country)
demand - people or consumers wanting to buy goods and services ความต้องการ
stagnate - stop moving forward, changing and progressing
oriented - directed towards
export-oriented - directed towards exports

China, seeking other markets for its goods, turned to the Association of Southeast Asian Nations. In 2008, Asean's gross domestic product exceeded US$1.5 trillion, and the association became one of the world's major economic powers.

Asean's foreign trade with China increased from less than $8 billion in 1991 to $2.1 trillion in 2009, accounting for 9.7% of China's total import and export value. Asean is now China's fourth-largest trading partner after the EU, the US and Japan, while China is Asean's third-largest trading partner.

In addition, China is a hot destination for investors from Asean member nations, especially Singapore. In the first 10 months of 2009, Singapore's direct investment in China reached $3 billion, accounting for 12.7% of China's total investment from foreign countries (excluding Hong Kong and Taiwan), second only to Japan.Asean is also one of the key destinations for China's overseas investment (excluding Hong Kong and Taiwan). In 2008, China's direct investment in Asean countries accounted for 11.4% of its total overseas investment, a proportion higher than that of the EU, the US or Japan.

domestic - relating to a person's own country ภายในประเทศ
Gross Domestic Product (GDP)  - a measure of economic activity in a country, the value of the country's output of goods and services. GDP is defined roughly as: GDP = Household Consumption + Business Investment + Change in Inventories  + (Government Spending - Taxes)  + (Exports - Imports)  (See Economist Glossary)
exceeded - was more than
import - to buy or bring in products from another country นำเข้า
destination - the place where someone or something is going จุดหมายปลายทาง
hot destination - a place that many people like to travel to
investment - taking your money and putting it into projects to make a profit or earn interest (buying stock shares, bonds, real estate) การลงทุน
direct investment, Foreign Direct Investment (FDI) - investing directly in production in another country, either by buying a company there or establishing new operations of an existing business (See The Economist's Glossary)
key - important คนสำคัญ

In a move to promote mutually beneficial co-operation, the China-Asean Free Trade Area (Cafta) was launched at the beginning of 2010.

Preparations for Cafta began in the 1990s, when countries Southeast Asian economies were badly hit by the Asian Financial Crisis. In 1999, China's then premier, Zhu Rongji, expressed the idea of strengthening China's economic ties with these countries and the Asean grouping agreed.

Ten years later, now that Cafta is finally set up, huge market benefits are expected.

beneficial - helpful or good มีประโยชน์
mutually beneficial - everyone gains benefits from it
co-operation - working together to achieve goals
promote mutually beneficial co-operation -
free trade area (FTA) - an area that includes one or more countries that have agreed to reduce tarriffs (taxes on imports) to zero or at least a very low level
launched - began เริ่ม, started เริ่มต้นดำเนินการ
premier - prime minister
ties - relations; connections ความสัมพันธ์
benefits - goods things that can happen from an activity ผลประโยชน์
expected - believe will happen คาดว่า (จะเกิดขึ้น)

The region contains nearly 2 billion people, has a GDP of more than $6 trillion and generates about $4.5 trillion in trade. It is the most populous free trade area in the world.

Trade between China and Asean surged rapidly in the fourth quarter of 2009, much faster than trade with the US, the EU and Japan.

After Cafta was set up, more than 7,000 types of goods, accounting for 90% of the trade list, were tax-exempt. The free trade area will surely further improve the trade conditions between the two sides. In 2004, when some agricultural products were designated tax-exempt, the trade value of such products grew by more than 40.

generates - creates
populous - having a lot of people living there ซึ่งมีพลเมืองหนาแน่น
surged - increased quickly เพิ่มขึ้นอย่างรวดเร็ว
fourth quarter - the last three months of the year for business or government (one year = 4 quarters)
exempt - permission not to do something
tax-exempt - don't have to pay taxes
improve - to make better ทำให้ดีขึ้น
designated - formally chosen แต่งตั้ง, ที่ได้รับการแต่งตั้ง

However, along with huge market potential, come problems.

Asean and China, where labour-intensive industries dominate, are the most important manufacturing bases in the world. The similarity in industrial structures results in export goods of the same category.

potential - possible, what could be achieved, the possibility of success  ความเป็นไปได้, ที่มีศักยภาพ, ที่เป็นไปได้
market potential - the possibility of gaining large numbers of new customers in an area
intensive - involving a lot of effort, energy, or attention
labour-intensive - using a lot of labour (produced manually by workers, not automatically by machines)
dominate - to be the most powerful or most important thing in an area or situation มีอิทธิพลเหนือ, มีอำนาจเหนือ
results - what is produced in the end by an activity or task
category - a group of people or things that have similar qualities หมวดหมู่ ประเภท

Asean's top export product is electrical machinery, and so is China's. In 2008, Asean's exports of such products hit $175.5 billion, accounting for 23.4% of its total exports. The same year, China's exports of electric machinery hit $342.1 billion, accounting for 23.9% of its total exports. Exports of nuclear reactors, boilers, machinery and mechanical appliances, are all major export products for both Asean and China.

Therefore, the trade relationship between China and Asean is mostly competitive, not complementary. This is true because low costs and abundant labour are the main advantages for both sides. One month before the launching of Cafta, Indonesia's 14 industrial associations expressed concern over the zero tariff, which may damage Indonesia's own industries, in the hopes of delaying the agreement.

nuclear reactor - buildings and machines that create electricity from nuclear chemicals (See Wikipedia)
boiler - machine that heats water and provides hot water
mechanical - operated by a machine or system of moving parts (examples: a mechanical device, a mechanical wheelchair)
appliances -
machine or equipment
competitive - involving competition มีการแข่งขัน
abundant - large amounts, more than enough มากมาย
industrial associations - an organisation that represents a group of companies in the same industry
concern - a worry ความกังวล
expressed concern over Y - told people they were worried about issue Y
tariff - tax on imports

Despite such efforts, Cafta was finally launched. Rather than intensifying competition between the nations, Cafta brought about opportunities to make the best use of the manufacturing facilities in the region.

Take steel products as an example. Asean has much higher steel production costs than China, and lacks sufficient steel output capacity. In contrast, China has excess steel capacity.

efforts - people trying to accomplish something, achieve a goal ความพยายาม
intensifying - increasing the amount of activity being done
opportunities - situations in which it is possible to do what you want or need to do
facilities - the buildings, equipment and services provided for a particular purpose สิ่งอำนวยความสะดวก
sufficient - enough พอเพียง
capacity - the amount of something that can be produced ความสามารถในการ (ผลิต)
excess - greater than is usual; too much of something มากเกินปริมาณที่พอดี
excess capacity - ability to produce that is not fully used

In the first 11 months of 2009, China's Guangdong Province saw its steel exports to Asean reach 418,000 tonnes, accounting for one-third of its total steel exports. China's Yunnan Province released a plan to make steel a key export to Asean. In December 2009, Indonesia's TPT held a meeting with China's Wuhan Iron and Steel, hoping to increase its imports of steel from China.

In addition to steel, there are other products, such as organic chemicals and fossil fuels. In a word, Cafta will be more beneficial than harmful. Together with Japan and South Korea, a large free trade region is forming in East Asia. Learning how to grasp the opportunity will be a crucial task for each player.

Charles Chaw is the Managing Director of China Knowledge Consulting based in Hong Kong, and Tony Wang is a research analyst with the firm in Chengdu, Sichuan. The firm provides corporate, financial advisory and market strategy to foreign businesses seeking opportunities in China. The opinions expressed are their own.

released - made available to the public 
meeting - when a group of people come together to discuss issues and make decisions การประชุม
organic - "organic compounds contain carbon and can produce energy" (See Wikipedia)
fossil fuels - fuels like oil and coal formed from fossils, dead organisms that decomposed over millions of years (See Wikipedia)
free trade region - same as "free trade area" above 
grasp - control
opportunity - a situation when it is possible to do something that you want to do (See glossary)
crucial - extremely important because it effects the result of something สำคัญยิ่ง
task - something that you have to do หน้าที่
firm - a business or company บริษัม
strategy - a plan to achieve long term goals ('strategy' gives the big picture, 'tactics' the details)

(Source: Economics, ASIA FOCUS: CHINA KNOWLEDGE, China links up with Asean to boost trade, 8/03/2010, Charles Chaw and Tony Wang, link)
 

March 09, 2010

Thailand's Finance Minister Korn Chatikavanij
on the Thaksin assets seizure verdict

By Jon Fernquest

Finance Minister KornThailand's Finance Minister Korn Chatikavanij reflected on the recent Thaksin assets seizure case in an important op-ed piece in the Bangkok Post last Friday.

Today's article is rich in vocabulary and begins after the vocabulary list below:
 
assets - things owned, especially property and money สินทรัพย์ things that can earn money for their owner (See Economist glossary
seizure - the act of taking control of something, especially by using power or force การบุกเข้ายึด
reflected on -  thinking deeply about a subject and relating it to your own experience
op-ed piece - a newspaper article that expresses the opinion either of the newspaper or an expert columnist
rich in vocabulary - has a wide variety of good vocabulary

OPINION

Personal reflections on the assets seizure case

5/03/2010
Korn Chatikavanij

It is now a week since the celebrated ruling on Thaksin Shinawatra's private assets was announced, and I have yet to air my opinion on the verdict.

Korn Chatikavanij: ‘‘I remember that all of Thaksin’s actions at that time indicated he was the real owner of the assets and had hidden all of his shareholdings all along.

reflections, personal reflections (noun) - thoughts by a person on a subject (what they think based on their own life and experience)
celebrated - admired publicly
ruling - a decision by a court of law คำตัดสิน คำชี้ขาด
air - to make known
air opinion - make known opinion, state your opinion so that people know it 
verdict - decision by a judge in a legal case (example: a verdict of guilty or innnocent in a criminal case)
X indicated Y - X did something to show that Y was the true situation

This is partly because I felt that many people have already been talking about the issue, but it is also because this is an issue close to my heart as I have been personally involved for some time. I also wanted my own opinion and emotions to crystallise before I spoke out.

Today my thoughts on this issue are more settled.

issue - a problem that needs to be considered, a subject that people discuss or argue about ประเด็น
personally involved - when you are part of it, included in it (so it has special meaning for you)
crystallise - grow into something, develop and become more well-defined
spoke out - say what you feel (even though you might be shy to say it)
settled - not changing all the time

I became involved with the assets concealment issue when Thaksin sold his shareholdings in Shin Corp to Temasek Holdings of Singapore in January 2006, a year after I became an opposition Member of Parliament. I remember that all of Thaksin's actions at that time indicated that he was the real owner of the assets and had hidden all of his shareholdings all along.

Thaksin flew to Singapore to negotiate the sale of Shin Corp shares while informing the public that he was on a leisure trip. He hurriedly amended the legislation on shareholding limits under the Telecom Act so that he could sell his shareholdings and he did everything he could in order to avoid paying tax.

concealment - hiding ซุก ซ่อน
opposition - of a political party that is not part of the government or a group which is against the government ฝ่ายค้าน ผู้ต่อต้าน
negotiate - to successfully travel on a road or path that is difficult to travel on or through ฝ่าไป
informing - telling, giving some information not yet known 
leisure - not part of business or work, just for fun
amended - change unrest
legislation - a law or set of laws suggested by a government and made official by a parliament กฎหมาย, การออกกฎหมาย
shareholding - owning the stock shares of a company

At that time, I did two things.

First, I pointed out that there was evidence at the Securities and Exchange Commission (SEC) indicating that Thaksin secretly owned his Shin Corp shares via an account at Singapore USB Bank. Second, I filed a complaint with the Revenue Department that the transactions involving the transfer of shares to Thaksin's children carried a tax liability.

I recalled that it was difficult to receive cooperation from government agencies on this issue. Worse, there were attempts to look into my record in the securities industry to see if there was any information that could be used to discredit me.

pointed - direct, in a way that shows you are annoyed or do not agree with something ที่เด่นชัด
evidence - facts statements or objects that help to prove whether or not someone has committed a crime หลักฐาน
account, bank account - the official location of money that people keep at a bank
filed - to take official action, e.g., to make a formal complaint ยื่นฟ้องร้อง
complaint - when someone says that something is wrong or not satisfactory การร้องเรียน
transfer - change ownnership, move funds or assets from one person to another โอน
liability - (legal) responsibility for something or someone ความรับผิดชอบ
recalled - remembered นึกทบทวน จำได้
cooperation - working together to achieve a result that will benefit all sides ความร่วมมือ, การทำงานร่วมกัน
record - the list of things that someone did and accomplished (goals achieved)
discredit - to cause people to stop respecting someone or believing in an idea or person ทำให้สูญเสียความเชื่อถือ,ทำให้เสื่อมเสียชื่อเสียง

Revenue Department officials also leaked my tax records, which are confidential, to Thai Rak Thai MPs. Fortunately, I'd never done anything to harm my reputation. Nonetheless, almost all of my relatives were threatened during that time.

The question I would like to raise is, if the coup did not happen in 2006 and the Assets Scrutiny Committee (ASC) had not existed, would we see justice being served in this case.

records - pieces of information describing something written down or stored on a computer บันทึุก
confidential - secret, often in a formal, business or military situation ที่เป็นความลับ
harm - damage ความเสียหาย
reputation - the opinion people have about how good or bad someone or something is ชื่อเสียง, ความนับหน้าถือตา
relatives - people in your family (not just husband, wife, kids, but also more distant cousins)
threatened - telling someone that if they don't do it, they will be punished
justice - fairness in the way people are dealt with ความเป็นธรรม, ความถูกต้อง, ความยุติธรรม (See Wikipedia
justice served - justice was done, was accomplished, achieved 

When the ASC was set up, I brought all the evidence to them, helped them analyse the information, and explained to them on matters regarding securities and securities trading, which was quite complicated and difficult to understand.

I remember the day I walked into the ASC office - the office space being temporarily borrowed from the Office of the Auditor-General of Thailand. There were many Thaksin supporters (not yet wearing red shirts at that time) surrounding the office, shouting profanities directly at us. That day, Khun Kaewsan (Atibhodhi), an ASC official responsible for the assets concealment case, was on the receiving end of most of the abuse.

matters - affairs, a situation that you must deal with that has problems
complicated - has so many parts connected in different ways that it is difficult to understand (for example, a complicated machine or a city with a complicated system of streets) ที่ซับซ้อน
temporarily - only for a limited time; not permanent ชั่วคราว
surrounding - all around a place บริเวณรอบๆ
profanities - saying bad words, four letter words
official - approved by the government or some authority ที่เป็นทางการ
concealment (noun) - the condition of being hidden so people cannot see it
abuse - cruel, violent or unfair treatment โหดเหี้ยม ทารุณ

Today, the crux of this trial was to prove that Thaksin actually did conceal his assets, and to prove that this was a conflict of interest between his policy and his assets. The Supreme Court ruled with a unanimous verdict that Thaksin concealed his assets.

Thinking back to the year 2006, Thaksin, Potjaman, Panthongtae and Pinthongta all came out to blatantly lie again and again that they in fact did not conceal assets. However, in the end the evidence was simply too compelling.

trial - the process of examining a case in a court of law and deciding whether someone is guilty (having committed a crime) or innocent (not having committed a crime) การไต่สวนคดี
conceal - hide, put it in a place where other people cannot see it
conflict - an angry disagreement between people or groups ความขัดแย้ง, ความไม่ลงรอยกัน
an interest in Y - will benefit in some way from the success of Y, owns part of Y  
conflict of interest - when personal gain conflicts with decisions that you must make for the benefit of the public
policy - a set of plans or action agreed on by a government, political party, business, or other group นโยบาย (See Wikipedia)
unanimous - agreed by everyone เป็นเอกฉันท์
blatantly - in an obvious or open way โจ่งแจ้ง โอ้อวด อึกทึก

Back to the question, though: if there had not been a coup, would justice have prevailed.

And why can't Thai society not achieve justice without having to rely on coup-makers initiating the process? Does this mean that sometimes "undemocratic" actors place more emphasis on truth and justice than democratic ones.

justice prevailed - in the end there was justice in the situation
rely on - need, depend on
process - a series of actions that you take in order to achieve a result แนวทางปฏิบัติ, กระบวน, วิธีการ
initiating the process - starting or beginning the process
emphasis - special importance or attention that is given to one thing in particular การเน้นย้ำ

Maybe it is because the majority of Thais do not sufficiently care about truth and justice. As long as our businesses are doing well and there is food on the table, we Thais appear willing to live with corruption.

But is this mindset wrong? Truth and justice cannot fill empty stomachs. Perhaps, therefore, only the wealthy have the time and inclination to ponder on matters such as justice while the poor, who have to struggle to feed their families, do not have that luxury.

majority - most of the people in a group, more than 50% คนส่วนใหญ่, เสียงส่วนใหญ่, ส่วนมาก, เสียงส่วนมาก
as long as Y - while Y is true, only during the time that Y is true 
willing to live with corruption - it is ok with them that there is corruption (not going to try to get rid of it)
mindset - the general way that people think about things, their attitude
empty - having nothing inside ว่างเปล่า
wealthy - rich, has a lot of money and assets มั่งคั่ง ร่ำรวย
inclination - feeling that makes you want to act in a certain way
ponder - to think carefully about something, especially for a noticeable length of time
struggle - a very difficult task that you can do only by making a great effort ความพยายาม
have the luxury to do Y - having enough time and money to do activity Y

And when the majority is made up of poor people and the majority voice is what counts in a democracy, the resounding answer is seemingly "We don't care."

Having said that, we all know many businessmen and the well-to-do also "don't care". It's easy for anybody to say they want truth and justice, but just how many are prepared to sacrifice something to realise this.

voice - to express your feelings or opinions ออกความคิด
majority - most of the people in a group of people (greater than 50%)
majority voice - the opinion of the majority
what counts - what is important and valuable
resounding answer - the answer heard loud and clear (no question what the answer is)
well-to-do - rich
sacrifice - give up something you want to get something else เสียสละ
realise - make a situation or condition happen

If everyone acts according to their duty, justice will manifest itself. It will require no intervention - coup or otherwise. We wouldn't need to go searching for it.

This, I would say, is the most important message from this case.

In the end, over the past five days, I've had a growing sense that the court decision really was fair.

acts - actions การกระทำ
duty - something that you have to do because it is part of your job, or something that you feel is the right thing to do หน้าที่, ความรับผิดชอบ
manifest - show
intervention - a situation in which someone becomes involved in a particular issue, problem, etc., in order to influence and change what happens การแทรกแซง
message from this case - meaning that you get from reading about and studying this case
a growing sense that - a growing feeling that

Had it been my decision, I would have seized the entire 76 billion baht. My rationale would have been simple: by only seizing the "gained" portion, this meant Thaksin had essentially broken even on his scheme, even though he cheated.

But the truth is that there will be more lawsuits to follow. The Exim Bank, for example, was instructed to make cheap loans available to the Government of Burma to procure goods from Thaksin's company.

rationale - a reason for doing something มีเหตุผลที่ดีในการทำสิ่งนั้นๆ
simple - easy to understand; not complicated ง่าย,ไม่ยุ่งยาก, ไม่ซับซ้อน
portion - a part of something ส่วน
essentially - for the most part ที่สำคัญที่สุด
scheme - a plan for achieving something, especially something illegal or dishonest แผนการ (ที่มีท่าว่าจะผิดกฎหมาย)
cheat - secretly not follow the rules in order to succeed (pass a test, make money, win a game) 
Exim Bank, Export-Import Bank of Thailand - government bank established in 1993 to support both Thai investors overseas as well as local investors in business relating to export or business which earns or saves foreign exchange (See website)
lawsuits - a case in a court of law to end a dispute between two people
procure - buy

I know many people's reaction will be: "Isn't this enough? Can we get to work on reconciliation now.

But this is temperament talking, and reflects a lack of sense of duty.

reaction - the way you behave or respond as a result of something that happens ปฏิกิริยาตอบโต้
reconciliation - process of creating a new and friendly relationship again with someone you argued with or fought with การทำให้ปรองดองกันอีก,การคืนดี, ประสานสัมพันธ์, the  การปรองดอง
lack - does not have ขาดแคลน
sense of duty - a feeling that you should act in some way (your duty or responsibility)

As for me, I will continue to perform my role to the best of my ability in part because there needs to be a counter-force to Thaksin's destructive hypocrisy. To this date, Thaksin has not shown any remorse, nor a sense of responsibility for the crimes he has committed upon our country. Instead, he has chosen to play the role of the victim and has gone so far as to hold the country to ransom unless he gets his selfish ways.

I, for one, cannot and will not accept the terms of Thaksin's arrogant conditions - not because of any personal vendetta I hold against him, but because my present positions as Member of Parliament and Minister oblige me with certain duties I cannot renege upon.

role - a person's function or purpose in an activity บทบาท
counter - to take action to oppose or stop something ต่อต้าน
force - strong action กำลัง ความรุนแรง
destructive - causing great damage or harm ซึ่งเป็นการทำลาย
hypocrisy - claiming to have moral beliefs but not following them in your actions
remorse - sad feelings of guilt feeling about your wrong action
responsibility - 1. being blamed for something that goes wrong, 2. having to take care of some task as part of your job
commit a crime - act in a way that is a crime, that is illegal, that breaks the law
play the role of Y -
victim - someone who ahs been harmed, injured or killed as the result of a crime เหยื่อผู้เคราะห์ร้าย
ransom - the amount of money that someone wants to be paid before they will let a person go or give back a valuable object เงินค่าไถ่
hold ransom - keep a person prisoner until money is paid to release them
terms - conditions; requirements ข้อกำหนด
arrogant - behaving in a rude way with over-confidence like you are better or more important than other people
vendetta, personal vendetta - acting out of anger, trying to harm other people who harmed you in the past 
oblige - do something that you must or should do, that you have a responsibility to do
duties - things that you must do, a legal or moral obligation
renege - not do what you promised to do

More importantly, if there is any lesson I have learnt during the past four-five years' struggle with Thaksin's regime, it is that we do not have the privilege nor the luxury to pass this difficult responsibility on to others.

I have written a rather lengthy note, in part because this note is a personal reflection for my own personal mental review.

regime - a government that controls a country, especially in a strict or unfair way รัฐบาลที่ขึ้นมาปกครองโดยการยึดอำนาจ
regime - a government that controls a country, especially in a strict or unfair way รัฐบาลที่มาจากการยึดอาำนาจ
privilege - a special benefit that is available only to a particular person or group เอกสิทธิ์ when some people get to do things that others can't (rich elite get to do it, but poor people cannot)
note - a piece of information on a topic or subject
mental - taking place in a person's own mind or brain 
review - go over, examine and think about all the information relevant to a situation or subject

Lastly, when I glance back at what transpired five days ago, I can still feel an air of sadness lingering over the court's decision. This is by no means because I disagree with the verdict, because I want to make clear that I am duly respectful and accepting of the verdict - which will be considered a great precedent and a genuine classic for the country's judicial system.

glance - look quickly at something
glance back - look and think about the past
transpired - happened
an air of sadness - a feeling of sadness (experienced by many people)
lingering - lasting a long time, especially when this is unpleasant or not necessary ที่อ้อยอิ่ง, ยืดเยื้อมานาน, อย่างอ้อยอิ่ง
by no means... - it is not true that...
clear - easy to understand
make clear - make it easy to understand
precedent - an action, situation or decision which has already happened and which can be used as a reason why a similar action or decision should be performed or taken มาตรฐานในการตัดสิน, ตัวอย่างหรือแบบอย่างที่มีมาก่อน
genuine - real; honest; sincere
classic - has very high standard and has become the standard of comparison and excellence for others (example: a classic novel)
judicial system - the system of courts in a country that makes decisions on legal cases

Nevertheless, I can't help but feel a sense of heartache over the fact that we as a country may not be able to truly appreciate the profound lessons that can be derived from this episode.

At the end of the day, I am left asking whether how much we, as Thais, do value the notion of truth and justice? More importantly, the bigger question is whether we are willing to sacrifice our personal liberty in order to protect public rights.

I worry about how most of us would answer the above questions, but I remain resolved in my endeavour to labour for the betterment of our country.

appreciate Y - like Y and know why Y is good
profound - has deep meaning, felt or experienced very strongly or in an extreme way ลึกซึ้ง
profound - very great; serious ยิ่งใหญ่
derived from - coming from or made from 
episode - one of the single parts into which a story is divided, especially when it is broadcast on the television or radio ตอน
notion - belief or idea ความคิด, ความเชื่อ, แนวคิด
sacrifice - give something up in order to obtain another thing for yourself or for others
liberty - freedom to live life in the way that you want without interference from other people or authorities such as the police or government
rights - something you are legally or morally allowed to do or have สิทธิ์ (See Wikipedia)
resolved - determined to succeed, feels that he will succeed for sure
endeavour - to try very hard to do something ความพยายาม บากบั่น
labour for the betterment of - work hard to improve

Korn Chatikavanij is Minister of Finance. He can be reached via email at: korn@mof.go.th

(Source: Bangkok Post, OPINION, Personal reflections on the assets seizure case, 5/03/2010, Korn Chatikavanij, link)





March 03, 2010

medicalimaging

Medical imaging software developed at a university in Thailand

By Jon Fernquest

medical imagingMedical imaging software created at a university in Thailand is the topic of an insightful article in the Bangkok Post Database section this week:

(Photo on right of "Tele Diag" a
one-stop solution for sending tele-images between radiologists at different hospitals, which will aid decision-making for clinics which are short-staffed.)

Tech News

Software to bridge gap between hospitals

Applications help ease shortage of experts
3/03/2010
Suchit Leesa-nguansuk

A shortage of medical experts in Thailand could be overcome by using advanced telecommunication technologies and software which can aid faster medical treatment decisions.

gap - a large difference between people or groups ช่องว่าง
bridge gap - end the difference, make the two groups equal
applications -
computer programs or software
ease - to make less severe บรรเทา
shortage - when there is not enough of something การขาดแคลน
ease shortage - lessen the negative effects of the shortage
overcome
- solve a problem or put and end to a difficulty, to succeed in controlling or dealing with something ต่อสู้อุปสรรคจนสำเร็จสำมารถดำเนินการต่อไปได้
aid - help ช่วย
treatment - the process of providing medical care การรักษา
one-stop solution - one system that takes care of everything, all steps combined
X-rays - well-known technology for looking inside the body with pictures, used by doctors to treat disease (See Wikipedia)
radiologists -
doctors who specialize in X-rays (See Wikipedia)
clinics - places where people go to receive medical treatment
short-staffed - does not have enough workers to do the job

This could also create further opportunities for Thailand's reputation as a regional medical hub, as it could facilitate the pooling of resources between hospitals.

For example, a trading IT company has developed its own innovative application, Tele Diag, which could ease problems associated with the country's shortage of radiologists by offering a pioneering tele-radiologist service.

opportunities - a situation where it is possible to do something that you want to do โอกาส
reputation - the opinion people have about how good or bad someone or something is ชื่อเสียง
hub - the central or main part of something where there is most activity จุดศูนย์กลาง
facilitate - help achieve goals, make it possible or easier for something to happen ทำให้สะดวกขึ้น
resources - things such as money, workers and equipment that can be used to help achieve something ทรัพยากร
innovative - using new methods or ideas เกี่ยวกับการปรับปรุงใหม่, ที่เต็มไปด้วยจิตใจปฏิรูปใหม่
pioneering - being the first one to do or accomplish something

The company, Prodigi, a Thai software developer specialising in medical imaging technology, spent more than three months working with the radiology department at Mahidol University's Faculty of Medicine at Ramathibodi Hospital to develop Tele Diag.

The 10-million-baht solution features tele-imaging, which enables the sending and receiving of MRI, CT or other modality images, and combines them into a single file under the DICOM (Digital Imaging and Communications in Medicine) standard, which is used for the exchange of images and related information in healthcare.
 
spent - used ใช้ไป
MRI - Magnetic Resonance Imaging, a technique for looking inside the body at a "cross-section" that uses "nuclear magnetism" (See Wikipedia)
cross-section -
CT
- Computed Tomography, a way of using X-rays to make three dimensional pictures of the inside of the human body, used by doctors to treat diesease (See Wikipedia)
modality images - ?
DICOM (Digital Imaging and Communications in Medicine) - "a standard for handling, storing, printing, and transmitting information in medical imaging. It includes a file format definition and a network communications protocol" (See Wikipedia)
medical imaging - making pictures of inside human body in order to reveal, diagnose and examine disease (See Wikipedia)
file - to take official action, in this case, to make an official complaint ยื่นคำร้อง
healthcare - the treatment and prevention of diseases and other medical problems

Hospitals can choose to use only tele-imaging and send the images their own radiologists to interpret, or to send the image via the Tele-Reader service from the company's radiologist network team, which incurs a fee of 12-20 percent.

The company offers the application via a subscription or Software as a Service (SaaS) model in order to make it affordable at every level. The company sees this as a way to thank Thai society after it was established with the assistance of Thailand Science Park.

interpret - to decide what the meaning of something is อธิบาย,ชี้แจง
image - any picture or photo
network - a large system of connected parts, organisations, people, etc. เครือข่าย
fee - an amount of money that you pay to be allowed to do something ค่าธรรมเนียม, ค่าตอบแทน, ค่าบริการ
subscription - an amount of money that you pay regularly to receive a product or service or to be a member of an organization การบอกรับเป็นสมาชิก
affordable - does not cost too much, so people have enough money to use or buy it, not expensive ไม่แพง
established - started for the first time
assistance - help (given to someone)
Thailand Science Park (TSP) -  founded in 2002 as a center for research and development under the management of the National Science and Technology Development Agency (NSTDA) , Ministry of Science and Technology. Its mission are to promote innovation and R&D activities in the private sector and to develop a critical mass of R&D human resource for Thailand (See website and previous article)

Normally, if a general hospital has to invest in its own system, it has to pay at least 10 million baht for the Picture Archiving and Communication System (PACS) and its own storage.

Furthermore, it is common that rural hospitals may have adequate medical facilities but a shortage of radiologists, meaning the expensive equipment is under-utilised.

storage - the putting and keeping of things in a special place for use in the future การเก็บ
common - usual, ordinary
rural - connected with the countryside outside big towns and cities (farms, forests) ในชนบท, บ้านนอก
adequate - good enough or large enough for a particular purpose พอเพียง
facilities - the buildings, equipment and services provided for a particular purpose สิ่งอำนวยความสะดวก
under-utilised - not used much, could be used more

Under the SaaS model, the company charges 4,900 baht per month for unlimited use. This has so far been adopted by 20 hospitals nationwide, including Praram 9 Hospital and Vejthani Hospital in Bangkok, Srisawan Hospital in Nakhon Sawan and other provincial hospitals. The system has been used in more than 30,000 cases since October last year.

The solution allows radiologists to access the system from other hospitals or even from home via the internet and view the images and send back their interpretations.

charges - a payment that has to be made for something เงินที่เรียกเก็บ
adopted - they started using it
nationwide - including the whole country ทั่วประเทศ
access - the right or opportunity to have, use or get something ได้รับสิทธิ์หรือโอกาสในการใช้
interpretations - the meaning they found in it, after looking at it

The application guarantees a 30-minute turnaround time for sending and receiving.

We have great doctors and radiologists, especially in the leading hospitals, on standby 24 hours a day, but typically there are fewer patients in a night shift, so this [Tele Diag] service will help hospitals to maximise their staff efficiency as well as increase revenue," said Surachon Gunvijit, Managing Director of Prodigi.

turnaround time - the time it takes to do a job (here the time it takes to send and receive)
typically - usually; normally อย่างเป็นแบบฉบับ
shift - a period of work time in a factory, hospital or other place where some people work during the day and some work at night กะ หรือระยะเวลาทำงานเป็นช่วงๆ เช่น กะเช้า้ กะบ่าย กะกลางคืน
night shift - the group of employees at a company who work at night
maximise - make big, as big as possible
staff - workers, employees, people who work at a company พนักงาน
efficiency - waste little time, energy and resources in doing a task (minimize time, energy and resources in performing a task) (See glossary) การทำงานอย่างมีประสิทธิภาพ คุ้มค่าเวลาและใช้พลังงานหรือต้นทุนในการผลิตน้อย เพื่อให้ได้ผลผลิตมาก, operating without waste, getting the job done without using a lot of resources, doing a lot with a little resources
revenue - income from taxes or business activities รายได้

He added that the application received the Outstanding Telecom Application award in 2009 from the Telecommunications Research and Industrial Development Institute (TRIDI ).

This lends more credibility to the software and has spurred the company to enhance its features to support bigger file sizes, from the current 1 GB to 2 GB within this year. 

Telecommunications Research and Industrial Development Institute (TRIDI ) - Thai government organisation that supports telecommuncations research (See website)
credibility
- believability, the degree to which something can be believed or trusted ความน่าเชื่อถือ,ความน่าไว้วางใจ
spurred - caused ก่อให้เกิด
enhance - to improve the quality, amount or strength of something ทำให้ดีเพิ่มขึ้น
features - the  special things that a product has that make it different from other similar products (example: a mobile phone with a camera or MP3 player)
support - help, by giving money, for example สนับสนุน
current - of the present time ปัจจุบัน

He also plans to expand this service to boost Thailand's profile as one of the region's leading teleradiology service providers and gain customers from India, Singapore and the United Kingdom.

However, a broader service would require a further investment of some 60 million baht to facilitate a bigger capacity data centre with backup storage and call centre support.

expand - to become larger ขายตัวออกไป
boost - to increase; to strengthen เพิ่ม; ทำให้มีกำลังมากขึ้น, ทำให้มีกำลังมากขึ้น
profile - personal information on a website (a description of who you are, your work and your personal interests, likes and dislikes) 
profile - a description
investment - taking your money and putting it into projects to make a profit or earn interest (buying stock shares, bonds, real estate)
capacity - the largest amount that can be produced with current resources (factory, equipment, machines, facilities) ความสามารถในการ (ผลิต) ความสามารถ (ความจุ) ในการจัดการ
data - facts or information used for making calculations or decisions ข้อมูล
backup - after using a file on a computer, keeping a copy for looking at and using in the future (See Wikipedia)
backup storage - the hard drive or other device used to keep a copy  of a file
call center - a centralised office for receiving and sending a large amount of telephone calls to provide such things as product support or information requests from a company's customers, also outgoing calls for telemarketing, clientele, product services, and debt collection (See Wikipedia)
support -
  help

It will take time to grow the business and this will also require further investment, but at this stage we have reached an informal agreement with Bumrungrad International Hospital, Vejthani Hospital and Bangkok Hospital as partners in a radiologists network to provide cross broader services," said Surachon.

stage - a particular point in time during a process or set of events จังหวะเวลา, ระยะเวลา ช่วงเวลา, ช่วง
informal - not official
partners - the companies owning part of the joint venture หุ้นส่วน
provide - to give someone something that they want or need
services - บริการต่างๆ things produced in service industries, not a physical good that can be bought, a waitress and a cook in a restaurant provide a service, technically: a sequence of activities that does not result in ownership of the outcome (See Wikipedia on services and the goods and services continuum)

Animals to benefit too

Surachon continued that this month Prodigi plans to introduce the first "TeleVet" in Thailand, allowing veterinary surgeries to send and receive laboratory results and digital X-rays.

The web-based application will improve tele-consulting between veterinarians at different surgeries through the exchange of images and information.

benefit - to get help or an advantage from something ผลประโยชน์
digital - using a computer (opposite: analogue)
laboratory results - what the tests say about a person's health and illness, tests that a doctor ordered a laboratory to do 
veterinary - relating to the care of animals that are ill or injured by veterinarians (animal doctors)
results - what is produced in the end by an activity or task
improve - to make better ทำให้ดีขึ้น
consulting - discussing something with someone in order to get their advice or their permission to do something หารือ

Currently, there are 1,000 animal clinics in Thailand, and the treatment of animal patients face similar difficulties as with their human counterparts. For example, there is also a lack of experts or specialists in this field - a problem which can also be eased with software.

The TeleVet application will help to reduce the physical and technological gap between veterinary surgeries and clinics in urban and rural areas.

clinics - places with doctors where people go to get treated for medical problems
counterpart - something with a similar function or position 
lack - does not have ขาดแคลน
field - a subject of study in a university or professional work such as architecture, law or medicine
physical gap - the physical distance between people (example: I am located in the city and you are located in the countryside farming area)
technological gap - the difference between the technology available in two places (example: low tech in rural areas and high tech in city)
urban - of or in a city or town ในเมือง

For example, a veterinarian in a rural area may require co-consulting from central hospitals when presented with special or unusual cases or symptoms, or diseases specific to certain animals.

Tele services help medical experts to reduce barriers and improve patients' quality of life," Surachon concluded.

veterinarian - a person with a medical degree trained to take care of the health of animals สัตวแพทย์
consulting - giving advice
co-consulting -
consulting together with someone else ("co-" means that two or more people are doing the activity together)
symptoms - things in and on a person's body that tell a doctor that they have a disease
reduce barriers - get rid of and eliminate the things that prevent you from doing things
quality of life - a measure of the well-being of people in a country or place that includes things other than income such as "the  environment, physical and mental health, education, recreation and leisure time, and social belonging" (See Wikipedia)
concluded - ended

(Source: Software to bridge gap between hospitals, Applications help ease shortage of experts, 3/03/2010, Suchit Leesa-nguansuk, link)



new

Thai government stops rice sales temporarily to shore up prices

By Jon Fernquest

rice bagsFrom the very beginning, the administration of Prime Minister Abhisit was saddled with massive rice stocks accumulated by previous governments currying favour with the rural electorate.

Ever increasing quantities of rice were bought at inflated prices until there were no longer enough warehouses to store the rice in (See archives #1 and #2).

This,
in a nutshell, was the unsustainable strategy of the Thaksin-backed Samak and Somchai administrations that preceded Prime Minister Abhisit.

Selling this rice without the Thai government and taxpayers losing a large amount of money is the big problem the current government faces now.

Thailand is such a big exporter of rice that the rice it puts into the world rice market could affect prices in this market.

Vietnam, another major rice exporter, has devalued its exchange rate recently (Read article).

With these conditions currently pushing the price of rice downwards worldwide, the Thai government is taking a "wait and see" attitude towards future rice sales.

Today's article begins after the vocabulary.

shore up - support, help make strong, prevent weakness (falling prices)
from the very beginning Y -
from the very first Y, Y has been the truth or situation from the start (although the public may have forgotten this) 
administration - the government of a country
saddled with -  be given a big problem that you have to deal with and solve (example: the company was saddled with a huge debt)
massive - in large quantities and amounts
stocks - large amounts of something stored for future use
accumulated - to get more and more of something over a period of time
currying favour - doing things to make people like you
rural - in the countryside, in the farming areas
electorate -
all the people who can vote in an election
inflated prices - prices that are too high  
warehouses - large buildings for storing goods and commodities such as rice in 
in a nutshell - a short summary
unsustainable - an activity that cannot be continued for a long time into the future (because doing it causes problems that require an end to the activity)
strategy - a plan for achieving a goal
X preceded Y - X came before Y
devalue exchange rate - to make the currency of a country less valuable compared to other countries (thus making the exports of that country cheaper)
devaluation (noun) - when a country devalues its exchange rate (to make its goods cheaper and more competitive on international export markets)
"wait and see" attitude - before making a decision "waiting" for a time and "seeing" what will happen first

Economics

Govt scraps sales of rice stocks

Move made to scotch rumours of huge sell-off
2/03/2010
Phusadee Arunmas

The government last week scrapped its second attempt in less than a month to sell rice from its stocks, citing "unacceptably low" bids from exporters.

It also vowed not to sell any rice stocks over the next 3-4 months to curb falling prices, which have weakened since rumours spread that the government would sell up to 2 million tonnes from its rice stocks over the next few months.

scrap, scotch - end
rumour - a story that people are discussing but which may or may not be true ข่าวลือ (See Wikipedia)
sell-off - sell everything (or at least large amounts)
scrapped - ended, cancelled, decided not to continue with something, such as a plan or event ยุติแผนที่วางไว้
citing - mentioning as a reason ให้ อ้างอิงเหตุผล
vowed - say firmly that you will do or not do something
curb - stop or reduce ลดหรือยุติ, ควบคุม, ระงับ
spread - to gradually affect or cover a larger area แพร่หลาย, แพร่กระจาย

An industry veteran said there are rumour-mongers who want to batter the rice prices and dismantle the government's price insurance programme for farmers in order to force a return to the previous rice pledging or intervention scheme.

The incumbent government first introduced the crop insurance or options programme for the 2009-10 harvest season to manage key crop prices and guarantee farmers' incomes.

veteran - a person who has a lot of experience in a particular area or activity ผู้อาวุโส
rumour-mongers - people who like to create rumours that aren't true in order to cause problems
batter - to make someone or something suffer or seem weak ทำให้พังยับเยิน
dismantle - to take something apart ที่รื้อถอน
insurance - a system of protection against loss, a person pays money every month (premiums) for a guarantee that the company will pay them money if they or their property is damaged or lost (See Wikipedia) การประกันภัย 
force - act strongly so that some event that you want happens
rice pledging - the old system of rice farmer subsidies (farmer deposits rice with government, gets loan that he never repays)
intervention - becoming involved in a situation and trying to change it การแทรกแซง
scheme - a plan that is developed by a government or large organisation in order to provide a particular service for people แผนการ โครงการ
options - choices ทางเลือก
harvest - gather in ripe crops เก็บเกี่ยว
key - important คนสำคัญ
guarantee - a promise that something will be done or will happen คำรับรอง, การประกัน (See glossary)

It replaces a pledging scheme, used by successive governments, which offered high prices and proved to be politically popular in rural communities.

The new price insurance scheme represents income support paid directly to farmers. Payments will be based on the difference between insured prices and benchmark prices, regardless of the market prices farmers receive when they sell their crop.

successive - one after another, one then another then another..... and so on...
rural -  in the countryside (farms, forests), not the city ในชนบท, บ้านนอก
communities - small local groups of people who live near each other and share their lives together
income - money that people receive from work or some other source, used for household consumption and savings
support - help, by giving money, for example สนับสนุน
benchmark - a standard that other things can be compared to and measured by เกณฑ,์ มาตรฐาน, เกณฑ์มาตรฐาน

The insured prices are based on average production costs and a profit margin of 30% to 40%. The benchmark prices were based on weighted average wholesale prices of rice in Bangkok equivalent to paddy with less than 15% moisture content.

The benchmark price will be set on the first and sixteenth days of each month.

average - the ordinary level or measurement, in the middle of a group เฉลี่ย
weighted average - some numbers or measurements used to make the average are more important (more heavily weighted) than others
profit, profit margin - money that you make from selling goods and services after all your costs have been paid กำไร
wholesale - relating to the business of selling large quantities of goods, especially to people who are going to sell them in a shop ขายส่ง
equivalent - the same as เท่าเทียมกันกับ
paddy - rice after it has been harvested from the field ข้าวเปลือก
moisture - water in the air or inside a substance (like rice)
moisture content of rice - how much water there is in rice being stored 

The programme is designed to benefit all farmers, particularly small-scale farmers. Compensation will be transferred directly to farmers by the Bank for Agriculture and Agricultural Co-operative (BAAC). Farmers will manage their own sales decisions in terms of when to capitalise on the spread between the insured price and the benchmark price.

Such rumours are possibly set up collaboratively by traders, millers and politicians who want to foil the government's crop insurance plan and force it to turn back to traditional intervention programme," said Nipon Wongtrangan, honorary president of Thai Rice Millers Association and ex-president of Thai rice Millers Association.

benefit - to get help or advantage from something ผลประโยชน์
scale - size (relative size)
transferred - moved, changed someone's job or responsibilities โยกย้ายตำแหน่ง
X in terms of Y - doing X using Y
capitalise on - make a profit from, make money from 
spread between price X and price Y -
the difference between price X and price y
capitalise on the spread between the insured price and the benchmark price - make a profit from the difference between two prices (buying at a lower price and selling at a higher price)
foil - prevent people from doing something bad
traders - people whose business is buying and selling things
collaboratively - people working together to achieve shared goals
traditional - following the old and established ways of doing things

As we saw in the previous week, the prices of local paddy has significantly reduced to as low as 6,000 baht per tonne in certain areas, opening room for certain groups of millers to buy local grain at cheaper prices.

Once the prices fell, a group of farmers immediately staged a rally that was well equipped with loudspeakers and amplifiers. The farmers' rally seemed to be too well-organised.

local - in the small area that you live in ท้องถิ่น
significantly - in an important way อย่างสำคัญ
grain - the seed from cereal crops such as rice, wheat, or corn เมล็ดพืช
immediately - happening right after something else with no delay; right away ทันที
staged - carry out or do some large event (that needs a lot of planning and organisation)
rally - a large public gathering of people to support someone or to protest against something การชุมนุม
loudspeakers - a device that converts electrical signals into sounds loud enough to be heard at a distance (See Wikipedia)
amplifiers -
an electronic device that increases the strength of a weak electronic signal, used to make music or sound coming out of loudspeaker louder (See Wikipedia)

Mr Nipon said the farmers protested even though they were fully aware that the government offers them 9,000 to 10,000 baht per tonne of paddy under the crop insurance programme.

Mr Nipon said declining prices also benefit investors in the futures market, as they could buy the futures cheaply and profit once the prices rose.

aware - knowing that something exists, or having knowledge or experience of a particular thing ทราบ
fully aware - knowing and completely accepting that something exists (not still evaluating or debating whether it exists)
futures - a contract to buy something in the future, a contract that is traded on a public exchange, so the price reflects current expectations about the value of the underlying asset (See Economist Glossary on derivatives) การซื้อขายล่วงหน้า

We believe the rice prices will gradually increase after the market realises the rumours are not true," said Mr Nipon. "The National Rice Policy Committee has insisted the government would not sell 500,000 tonnes from its rice stocks to curb supply.

Rice prices are unlikely to be on a par with last month, when milled rice fetched 16,000 to 17,000 baht per tonne, as the market realised second-crop harvests from Thailand, Vietnam and India would come out during March.

Milled rice is currently quoted at about 15,000 baht per tonne.

Mr Nipon predicted rice prices would rise from the middle of the year, as El Nino is expected to cause dry spells and cut crop output.

insisted - say firmly that something must happen or is true, and will not change mind
realised - achieved ทำให้เป็นจริง
quoted, quoted price - a price for goods that a seller tells possible buyers
expected - believe will happen คาดว่า (จะเกิดขึ้น)
dry spells - periods of very dry weather when there is no rain

(Source: Govt scraps sales of rice stocks, Move made to scotch rumours of huge sell-off, 2/03/2010, Phusadee Arunmas, link)


February 26, 2010

customsaudti

Shocking details of Thailand's customs laws
and the need for reform

By Jon Fernquest

customs officerMost people probably do not know how the Customs Department in Thailand operates.

For example, that customs officials are motivated by personal gain rather than purely by justice in resolving cases.

By law they stand to personally gain money and wealth in the cases they investigate if they find suspects guilty.

An op-ed piece in the business section this week revealed all the shocking details.

customs - the government agency that controls goods coming into and going out of the country and collects taxes on them กรมศุลกากร
reform - improvement, changes to correct a situation that is wrong or unfair การแก้ไข การปฏิรูป
X motivated by Y - Y causes X to act the way they do 
personal gain -
when you yourself make money (not what your employer or the public that you serve as a civil servant usually wants)
purely by - only by
justice - fairness in the way people are treated
resolving - solving and ending a problem
officials - people who hold positions of authority and who make decisions in an organisation
stands to gain from Y -
will gain money or other advantage if Y happens  

Economics
TAX CORNER

Getting the facts behind a customs audit

23/02/2010
By Prangtip Anantavipat and Piphob Veraphong

If you need to know the consequences when you encounter a customs audit, this article will gives you a few ideas. Once a mistake arises, the customs authorities tend to accuse you of an offence under Section 27 of Customs Act B.E. 2469 (1926) with a jail term of up to 10 years. There is also a penalty of 400%, not of the deficient duties but of the entire imported value itself.

audit - the process of checking for irregularities or things that are wrong (See Wikipedia)
consequences - the things that happen as a result of a decision or event
encounter - to meet; to experience or deal with something, especially a problem เผชิญกับ (ปัญหา)
authorities - the people with power, the government เจ้าหน้าที่ ผู้มีอำนาจของรัฐ 
tend - to be likely to behave in a particular way or have a particular characteristic มักจะ
offence - a crime or illegal activity for which there is a punishment การกระทำผิดกฎหมาย
term - a period of time
jail term - a period of time that a person found guilty of a crime must spend in jail
penalty - a punishment, or the usual punishment, for doing something that is against a law โทษ
deficient - not enough
duties - tariffs, taxes paid on imported goods

Penalties also apply in case of importation of certain goods without a licence or without carrying out proper customs formalities, or mistakenly interpreting a free trade agreement (FTA). The outcome is always considered an offence by customs officers even if the mistake is caused by negligence or misinterpretation. The 400% penalty has been used as a tool by the customs officers to convince you to settle the case in exchange for a reduced penalty to 200% of the deficient duties (rather than of the import value) and the waiver of criminal charges.

X apply to Y, X apply in case of Y - X are used in case Y, X are true in case Y  
licence - an official document that gives someone permission to do or use something ใบอนุญาต
proper - right or correct
formalities - details you must follow if you don't want to break the law
Free Trade Agreement (FTA) - an agreement between a  group of countries to eliminate many tariffs, quotas and preferences on goods passing between them (See Wikipedia)
outcome - a result ผล
officers - people in an organisation who make the decisions (who have authority)
negligence - when you do not give enough care or attention to someone or something ความประมาท, ความไม่เอาใจใส่
misinterpretation - not getting the right meaning from a document or text
convince - make people believe or do something
settle - to reach a decision or an agreement about something, or to end a disagreement แก้ปัญหา
import - to buy or bring in products from another country นำเข้า
waiver - permission not to follow a rule
criminal charges - bring a criminal case against a person, accuse someone officially of committing a crime ตั้งข้อกล่าวหา

One of the known reasons for active customs audits is the reward-sharing programme. An amount equal to 30% of the penalties will be granted to people outside the Customs Department as a reward for identifying an offence. Another 25% is shared among officers participating in an arrest or investigation. Only the remaining 45% goes to the national treasury. With this incentive, any attempt to seek a waiver of customs penalties or an appeal process by an importer tends to be detrimental to the interest of people who have their shares in this reward programme.

active - doing a lot of an activity, doing activity intensely 
reward - money that someone receives for finding and returning something or for helping the police รางวัล
reward-sharing programme - a program in which many people split a reward given for achieving something
penalties - บทลงโทษ
granted - officially gave ให ้ (เงินกู้)
identifying - can name the person, know who the person is ระบุชื่อ
investigation - the process of trying to find out all the details or facts about something in order to discover who or what caused it or how it happened การตรวจสอบหาข้อเท็จจริง
treasury - the system or government department responsible for financial matters such as spending and taxation ระบบการคลัง
incentive - a reward to encourage people to act in certain ways สิ่งกระตุ้น
appeal - to request that a court decision by changed ขออุทธรณ์
process - a series of actions that you take in order to achieve a result แนวทางปฏิบัติ, กระบวน, วิธีการ
detrimental - causing loss or a disadvantage (harm, damage, hurt) to someone 
detrimental to the interest of Y - causing  Y to lose or suffer a disadvantage
shares - part of something that is yours, that you own

As a matter of law, if you can prove that you have no intention to avoid paying the duty, there is a way to waive or, if not all, to substantially reduce the customs penalties. Most companies do not want to fight against the Customs Department as they are afraid of criminal offences and cannot afford the economic impact from the 400% penalty based on the import value if they happen to lose the case. Some do not want to fight, even if they have a high chance of winning, as they are expecting a legitimate kickback of 30% of the penalties from their own organisation.

matter - an issue, a situation or subject which is being dealt with or considered เรื่อง, ภารกิจ, งาน, something that you are discussing, considering or dealing with สิ่งที่พูดถึง ประเด็นที่พูดถึง
a matter of law - some issue in a legal case that is being dealt with 
intention - a plan in your mind to do something ความตั้งใจ เจตนา แผนการ
waive - officially give permission to not do some required thing
substantially reduce - reduce by a large amount
afford - to have enough money to be able to pay for something มีเงินพอจับจ่าย ซื้อหา
impact - an effect or influence ผลกระทบ
chance - what happens when you don't control events (example: gambling = games of chance)
legitimate - correct according to the law ที่ถูกต้องตามกฎหมาย
kickback - an amount of money that is paid to someone illegally in exchange for secret help or work เงินสินบน, เงินใต้โต๊ะ

You may find it a shock to learn that, in a number of investigations, there is no way the Customs Department can have information on the operation of a business unless some insider leaks the information in exchange for rewards. Of course, the rewards would not be very attractive if the company in question decides to appeal. The law encourages settlement by reducing the penalty to 200% of the deficient duties and by waiving the criminal charge if the company agrees to settle the case. Still the reduced penalties continue to be shared at the same ratio.

insider - a person who works in an organisation and who has access to secret information
leaks the information -
make secret information within an organisation available to the public
do X in exchange for Y - do X for someone who then give you Y in return
attractive - worth having or doing
the company in question - the company involved in the case, the company referred to here
settlement - when the people involved in a legal case get together and make an agreement to end the case
settle the case - make a settlement (see above)
ratio - a percentage of the whole, the way that something is divided (10% to X, 30% to Y,....etc)

It is often the case that the insider has co-operated with customs officers to hurriedly bring to case to an end by claiming that the compromise is more beneficial to the company. Unfortunately, this is no justice to shareholders or the staff of the company who get nothing from this settlement.

compromise - give up something to reach an agreement ประนีประนอม
beneficial - helpful or good มีประโยชน์
justice - when people are treated fairly and equally (See Wikipedia) ความยุติธรรม
shareholders - those who won the stock of a company
staff - workers, employees พนักงาน

Keep in mind that if the company has no intention whatsoever to avoid tax, it has legal rights to protect itself from such penalties. A good example can be seen in the steel industry. While a few companies gave up, some refused to settle the cases and appealed against the demand notice for payment of the penalties. The court subsequently ruled in favour of these companies.

keep in mind that - remember that
has no intention whatsoever to - for sure does not plan to do
rights - what the law allows you to have and do สิทธิ์ (See Wikipedia)
gave up - stop doing an activity or trying to solve a problem
notice - information or warning หมายเตือ
a demand notice - an official document sent to someone requesting that they pay money
subsequently - after that
favour - to give an advantage to someone or something, often in an unfair way ช่วยเหลือ
ruled in favour of Y - when a court of law's decision benefits or helps Y 

Last but not least, the customs laws allow a settlement even if you have already submitted an appeal against the demand notice. There is no rush to settle a case with the customs officers and you should try to protect the company's rights first unless you are expecting to share the rewards programme.

Last but not least,... - the last thing I will talk about is....(and because i talk about it last does not mean it is not important)
submitted - formally given to someone so they can make a decision about it ยื่นเอกสารเพื่อการพิจารณา
rush - to move or do something very quickly รีบเร่ง, วิ่ง
share - to have or use something at the same time as someone else ใช้ร่วมกัน

One good lesson from this is that an organisation should appoint people who are keen on guarding its interests when dealing with customs. At any rate, you might have heard the news that the Thai government is considering hard how to amend the customs laws. One big aspect would involve a reform of the reward-sharing programme as there are pros and cons in this regard. Let's keep an eye on developments in the future

appoint - to choose someone officially for a job or responsibility แต่งตั้ง,ตั้งให้เป็น
keen - very interested, eager or wanting (to do) something very much สนใจ, ใจจดใจจ่อ
interests - connections that you may benefit from, therefore affects your attitude to it and the way you deal with it
at any rate -
amend - to make changes to a document, law, agreement, etc. especially in order to improve it การแก้ไขกฎหมาย
aspect - one part of a situation, problem, subject, etc ด้าน,มุม
reform - improve, a change that is intended to correct a situation that is wrong or unfair การแก้ไข การปฏิรูป
pros - advantages
cons - disadvantages ข้อเสีย
in this regard - in this issue, in this matter
keep an eye on - watch (to see what happens)

By Prangtip Anantavipat and Piphob Veraphong (Lawalliance Limited Company) They can be reached at admin@lawalliance.co.th

(Source: Bangkok Post, TAX CORNER, Getting the facts behind a customs audit, 23/02/2010, Prangtip Anantavipat and Piphob Veraphong, link)





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