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SRPP Publication l 19 July 2023
Passawan Navanithikul (Founding Partner) and Viparvee Chaemchaeng (Associate)
General
Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction.
The aviation regime in Thailand is mainly governed by the following legislation:
a. the Air Navigation Act B.E. 2497 (1954) (Air Navigation Act), as amended;
b. Notification of the Revolutionary Council No. 58 B.E. 2515 (1972);
c. the International Air Carriage Act B.E. 2558 (2015) (International Air Carriage Act);
d. the Air Navigation Contravention Law B.E. 2553 (2010) (Air Navigation Contravention
Law); and
e. the Act on Certain Offences Against Air Navigation B.E. 2558 (2015) (Offences Against Air
Navigation Act).
The regulatory bodies that ensure compliance with the legislation are set out below.
i. The Ministry of Transport (MOT), whose responsibility is to supervise the overall
transportation sector in Thailand.
ii. The Civil Aviation Authority of Thailand (CAAT), which is the main regulatory body governing aviation businesses, including regulating the operation and safety of air
navigation as well as issuing aircraft and airport licences, certificates and granting
permissions.
iii. The Department of Airports (DOA), whose scope of responsibility is narrower than the CAAT; i.e., the DOA is responsible for airports.
iv. Airports of Thailand Public Co., Ltd (AOT), which is a state enterprise that operates the
main airports in Thailand (including Suvarnabhumi and Don Muang Airport).
What are the steps which air carriers need to take in order to obtain an operating licence?
Two main licences are required for air carriers: an Air Operating Licence (AOL); and an Air Operator Certificate (AOC).
Air operation is considered a public amenities business under the Declaration of the Revolutionary Council No. 58, operation of which requires a licence from the MOT. Thus, an AOL is issued to certify that the licensee is qualified and has no prohibited characteristics to operate an air trading business.
On the other hand, an AOC is required to certify the competency of the certificate holder with regard to the safety of the air operation. An AOL must be obtained prior to applying for an AOC, the latter being required at least 90 days in advance of commencement of air operations. Obtaining an AOC is more complex than an AOL as it requires consultation, evaluation and onsite inspection by the CAAT.
Note that the main qualifications for an AOL are the following: the applicant must be held by a Thai national; and have a board composition with a Thai majority, i.e., the business has: capital of more than 51% held by Thai nationals; a board which has a 2/3 majority of Thai directors; and its management power belonging to Thai nationals. One of the main qualifications for an AOC is the competency of the operator to secure the safe operation of the business in accordance with the Air Operator Certificate Requirements of the CAAT.
What are the principal pieces of legislation in your jurisdiction which govern air safety, and who administers air safety?
Regulations on air safety are mainly governed by the Air Navigation Act and the Offences Against Air Navigation Act, as well as the sub-legislation issued thereunder, which is mainly monitored by the CAAT.
Is air safety regulated separately for commercial, cargo and private carriers?
There are no separate regulations for commercial, cargo and private carriers. However, certain safety requirements may apply differently depending on the type of carrier. For example, carriers of hazardous cargo may be subject to a higher standard of safety under the CAAT Regulation No. 4 concerning the Transportation of Dangerous Goods by Air.
Are air charters regulated separately for commercial, cargo and private carriers?
All types of air carriers are subject to the Air Navigation Act. However, there may be certain requirements which vary depending on the type of carriage, e.g. insurance limits for the carriage of passengers and cargo.
As regards international air carriers operating in your jurisdiction, are there any particular limitations to be aware of, in particular when compared with ‘domestic’ or local operators? By way of example only, restrictions and taxes which apply to international but not domestic carriers.
In general, under Thai law, an international air carrier operating in Thailand is not required to obtain an AOL prior to its operation in Thailand, provided that such international carrier has obtained a registration licence under the carrier’s own domestic law. However, the international air carrier can also acquire a licence under Thai law. In both cases, there exist no rules applying restrictions or limitations on international air carriers compared to domestic air carriers. Note that there are also no specific distinctions under Thai tax law with respect to international and domestic air carriers.
Are airports state or privately owned?
The main airports in Thailand are state-owned; i.e., owned by either AOT or the DOA. However, there are some airports which are privately owned, such as Samui Airport, Trat Airport and Sukhothai Airport, which are currently owned and operated by Bangkok Airways Public Company Limited.
Do the airports impose requirements on carriers flying to and from the airports in your jurisdiction?
Generally, airport operators do not impose specific requirements on aircraft flying to and from the airports in Thailand in addition to the usual route permission.
What legislative and/or regulatory regime applies to air accidents? For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to?
The Air Navigation Act provides that upon the occurrence of air accidents, the Aircraft Accident Investigation Committee (AAIC) has the authority to conduct an investigation into such accidents. The AAIC has adopted a work manual for itself to comply with, which provides clear steps and procedures for its investigations.
Have there been any recent cases of note or other notable developments in your jurisdiction involving air operators and/or airports?
Given the improvement to Thailand’s COVID-19 pandemic situation, many regulations, notifications and measures adopted by the CAAT to restrict the outbreak of COVID-19 or to assist air operators during the COVID-19 pandemic, such as general prohibition for aircrafts carrying passengers to fly into Thai airports or measures to conduct remote inspection (instead of physical inspection) on aircrafts located in COVID-19 control zones for the purpose of applying for a certificate of aircraft registration or extension of its certificate of airworthiness, have been cancelled.
However, certain measures have been extended by the relevant authorities to support air operators in recovering from the pandemic such as reductions of landing and parking charges, lease fees and other types of fees applicable to airline operators.
Are there any specifically environment-related obligations or risks for aircraft owners, airlines, financiers, or airports in your jurisdiction, and to what extent is your jurisdiction a participant in (a) the EU Emissions Trading System (EU ETS) or a national equivalent, and (b) ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)?
Pursuant to the Air Navigation Act, the CAAT has the power to regulate the environmental standards for aircraft such as the standards for noise pollution and air pollution. Additionally, under the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992), if construction and expansion of an airport or a temporary take-off and landing area for aircrafts pursuant to the Air Navigation Act has a runway length equal to or more than 1,100 metres but less than 3,000 metres, the operator is required to prepare an environmental impact assessment report, and if the runway length is equal to or more than 3,000 metres, the operator must prepare an environmental health assessment report.
With respect to EU ETS and CORSIA, Thailand is an active voluntary participant. The CAAT has continuously provided support for the implementation of EU ETS and CORSIA by collaborating with the representatives from the European Union and ICAO in launching projects to raise awareness and participation from air operators with an ultimate goal to lessen the overall carbon footprint of the aviation sector in Thailand. The CAAT has also developed an action plan named “Thailand’s Action Plan to Reduce Aviation Emission in the year 2018” to demonstrate the framework developed by the CAAT in this regard.
Aircraft Trading, Finance and Leasing
Does registration of ownership in the aircraft register constitute proof of ownership?
The operator of aircraft, either the owner or rightful possessor, may submit registration of the aircraft to the CAAT to issue a certificate recognising such registration (Certificate of Registration). The Certificate of Registration does not constitute proof of ownership. Evidence of aircraft ownership can be proved by the underlying agreements that transfer the title of the aircraft, such as the bill of sale.
Is there a register of aircraft mortgages and charges? Broadly speaking, what are the rules around the operation of this register?
Registration of an aircraft mortgage is not applicable in Thailand, as an aircraft mortgage is not recognised under Thai law. In principle, only immovable property and certain movable property specified by legislation can be mortgaged.
Common types of security for aircraft financing include a pledge of an aircraft or creation of a business security over the aircraft under the Business Security Act B.E. 2558 (2015) (BSA).
Are there any particular regulatory requirements which a lessor or a financier needs to be aware of as regards aircraft operation?
It is important to note that for aircraft to be eligible for registration, they must be no more than 16 years old in the case of aircraft that transport passengers, and no more than 22 years old for aircraft that transport cargo. Another important requirement is deregistration of an aircraft, which can now be carried out by the rightful owner in certain circumstances (whom may not be situated in Thailand nor registered as the air operator in Thailand).
As a matter of local law, is there any concept of title annexation, whereby ownership or security interests in a single engine are at risk of automatic transfer or other prejudice when installed ‘on-wing’ on an aircraft owned by another party? If so, what are the conditions to such title annexation and can owners and financiers of engines take pre-emptive steps to mitigate the risks?
As a general principle under Thai law, the owner of a property will have ownership over the property’s components, which is defined as a part and by nature or local custom, is essential to the existence of such property and cannot be separated without destroying, damaging or altering the property’s form. If many components, owned by different parties, were used to form a property, the relevant owners shall become co-owners of such property. However, in case of a principal component, the owner of the principal component will be the owner of the entire property, but he must compensate the costs of the other components to the remaining owners.
Based on the foregoing, if an aircraft comprises many engines and parts, owned by different parties, it must be considered whether such engine or part is a “component” of such aircraft to determine its rightful owner. If such engine or part is not a component, any security interest created over the aircraft would not cover such engine or part since a security interest may only be created by the owner of a property.
While the answer to the issue is unclear under Thai law, owners and financiers of engines should clearly agree and specify which engines or parts belong to which party. For example, by: (a) stating in the underlying agreement for all parties to agree that the owner has title to the engine or parts at all times; (b) requesting the owner of the other aircraft to issue a letter of recognition of ownership in case the engine or part is installed in another aircraft; and (c) ensuring that an engine or part, which may be installed in another aircraft, is clearly marked as the property of the owner.
What (if any) are the tax implications in your jurisdiction for aircraft trading as regards a) value-added tax (VAT) and/or goods and services tax (GST), and b) documentary taxes such as stamp duty; and (to the extent applicable) do exemptions exist as regards non-domestic purchasers and sellers of aircraft and/or particular aircraft types or operations?
Value-added tax (“VAT”) will be collected upon: (i) the sale of goods or the provision of service by an operator; or (ii) importation of goods by an importer. A VAT rate of 10% is generally imposed; however, this rate has been reduced to 7% until 30 September 2023. Note that there are certain exemptions or reductions to VAT obligations such as a VAT rate of 0% for providers of international transport services by aircraft and an exemption of VAT for providers of domestic transport.
Is your jurisdiction a signatory to the main international Conventions (Montreal, Geneva and Cape Town)?
Thailand ratified:
a. the Montreal Convention on 4 August 2017, which came into force in Thailand on 2
October 2017; and
b. the Geneva Convention on 10 October 1967, which came into force in Thailand on 1
August 1968.
Thailand has not signed and ratified the Cape Town Convention.
How are the Conventions applied in your jurisdiction?
Ratified treaties or conventions are not automatically binding in Thailand. That is, the provisions in the treaties or conventions must be incorporated or enacted into domestic law. The Montreal Convention is incorporated into the International Air Carriage Act B.E. 2558 (2015) (as amended by the International Air Carriage Act B.E. 2560 (2017)), which came into force in Thailand on 2 October 2017. The Geneva Convention has not been incorporated into Thai domestic law and, therefore, the provisions under such convention are not enforceable in Thailand.
Does your jurisdiction make use of any taxation benefits which enhance aircraft trading and leasing (either in-bound or out-bound leasing), for example access to an extensive network of Double Tax Treaties or similar, or favourable tax treatment on the disposal of aircraft?
Thailand has entered into various double tax treaties with at least 61 countries, which covers tax on income and capital of individual and juristic entities.
To what extent is there a risk from the perspective of an owner or financier that a lessee of aircraft or other aviation assets in your jurisdiction may acquire an economic interest in the aircraft merely by payment of rent and thereby potentially frustrate any rights to possession or legal ownership or security?
Under Thai law, a lease agreement is an agreement where the lessor agrees to lease a property to the lessee and the lessee agrees to pay rent in consideration without the title of the property being transferred to the lessee. By virtue of the lease agreement, the lessee would have a possession right over the leased aircraft but not ownership. The owner or financier may seek repossession of such aircraft if an event of default occurs under the lease agreement by requesting for a deregistration of the Certificate of Registration to the CAAT, which is further explained in our answer to question 3.2.
Litigation and Dispute Resolution
What rights of detention are available in relation to aircraft and unpaid debts?
If a creditor possesses an aircraft, it may retain such aircraft until all obligations (which must be related to the aircraft) have been performed by the debtor.
If an aircraft registrant fails to pay any fees under the Air Navigation Act, the competent official may retain such aircraft or suspend the cabin crew to use such aircraft until all fees have been paid.
Is there a regime of self-help available to a lessor or a financier of an aircraft if it needs to reacquire possession of the aircraft or enforce any of its rights under the lease/finance agreement?
Under Thai law, there is no concept of self-help to facilitate the lessor or financier to repossess its aircraft. If the underlying agreement is terminated and the lessee fails to comply with a demand to return the aircraft, the lessor/financier must submit a claim to the court in order for the court to order that the aircraft be returned to the lessor/financier.
One alternative is that the lessor may submit a deregistration of the Certificate of Registration application together with the application to export the aircraft to the CAAT (if any). If the CAAT determines that the termination of the underlying lease agreement is sound and has a legal basis, i.e., (i) the lease agreement has expired, (ii) the lease agreement has been terminated according to its term or by agreement of the parties, or (iii) the lessor notifies the CAAT of the termination of the lease agreement and submits an irrevocable deregistration power of attorney, then the CAAT would approve the deregistration and the lessor may repossess the aircraft under CAAT Regulation No. 23 on Application of Registration, Acceptance of Registration and De-registration of Aircraft. As such, it is a common requirement for the lessor or financier to require the lessee to submit an irrevocable power of attorney as a condition for leasing the aircraft at the outset and on the condition that it would be used by the lessor or financier upon the occurrence of an event of default.
Which courts are appropriate for aviation disputes? Does this depend on the value of the dispute? For example, is there a distinction in your jurisdiction regarding the courts in which civil and criminal cases are brought?
Generally, there is no specific court to which aviation disputes are required to be submitted. The court which has jurisdiction over the dispute is conditioned upon the substance of the dispute, i.e., whether it is civil, criminal, or administrative in nature. For example, if there is a dispute between a state authority (e.g., the CAAT or DOA) and an air operator, the administrative court will have jurisdiction. With respect to civil and criminal cases, the Civil Court and Criminal Court would have jurisdiction, respectively.
What service requirements apply for the service of court proceedings, and do these differ for domestic airlines/parties and non-domestic airlines/parties?
The notice of court proceedings must be delivered to the domicile of the relevant party, regardless of whether or not their domicile is in Thailand.
What types of remedy are available from the courts or arbitral tribunals in your jurisdiction, both on i) an interim basis, and ii) a final basis?
During the court proceedings, the court may order preventive or protective measures with respect to the asset in dispute (including an injunction or a seizure order). On the other hand, an arbitral tribunal is not vested with the power to grant any preventive or protective measures. If a party to the dispute wishes to implement such measures, it must submit a request to the competent court to order such preventive or protective measures before or during the arbitration proceedings.
Are there any rights of appeal to the courts from the decision of a court or arbitral tribunal and, if so, in what circumstances do these rights arise?
A judgment of a court may be appealed to the Court of Appeal and/or the Supreme Court, provided that the legal requirements in the Civil Procedure Code are satisfied. On the other hand, an enforcement of an award by the arbitral tribunal may not be appealed unless it falls within the exemption under the Arbitration Act B.E. 2545 (2002); e.g., such award contradicts the public order or good morals of the Thai people.
What rights exist generally in law in relation to unforeseen events which might enable a party to an agreement to suspend or even terminate contractual obligations (in particular payment) to its contract counterparties due to force majeure or frustration or any similar doctrine or concept?
Under Thai law, force majeure is defined as any event which could not be prevented even though a person has taken the appropriate measures and due care as may be expected from such person in that situation and in such condition. A party that cannot perform its obligations due to the occurrence of force majeure is excused from such performance. For creditors, if the performance of the debtor becomes impossible, the creditor has the right to terminate the contract under the Thai Civil and Commercial Code.
With respect to a payment obligation, in practice, an argument that such payment obligation cannot be performed due to force majeure may not be sound unless the force majeure is a failure in the central banking and financing system. However, this also depends on the underlying agreement as well as the factual circumstances surrounding the formation and performance.
Commercial and Regulatory
How does your jurisdiction approach and regulate joint ventures between airline competitors?
The Trade Competition Act B.E. 2560 (2017) (TCA) is the current and main legislation governing trade competition in Thailand, which is under the supervision of the Trade Competition Commission (TCC). Under the TCA, competitors are not permitted to enter into cartels which create either a monopoly or a business operator with a dominant position, or which may substantially lessen competition in the following manners:
a. fixing of purchasing or selling prices or commercial conditions;
b. limiting quantity of goods or services;
c. bid rigging; or
d. fixing geographical sale and purchase areas.
Additionally, even though the Air Navigation Act does not provide any specific regulations restricting joint ventures between airline competitors, joint ventures should not result in foreign dominance. That is, the result of the joint venture must be Thai dominant; i.e., having at least 51% of shares owned and held by Thai nationals.
How do the competition authorities in your jurisdiction determine the ‘relevant market’ for the purposes of mergers and acquisitions?
The “market” under the TCA is defined as the relevant market of goods or services of the same nature or those which are substitutable and shall be determined from the specification, price or purpose of the goods or services and the area in which such goods or services are being distributed or provided.
The TCC further issued a notification regarding guidelines determining the market definition and market share. In essence, the relevant market is considered from the relevant product market and the relevant geographic market. Key considerations of determining the relevant market includes the demand substitutability, supply substitutability and potential competition.
Does your jurisdiction have a notification system whereby parties to an agreement can obtain regulatory clearance/anti-trust immunity from regulatory agencies?
In general, the TCA provides that a pre-merger approval from the TCC is required for a merger of businesses which may result in a monopoly or a business operator with a dominant position in the market.
Additionally, a business operator may also pre-consult and request the TCC’s determination in matters relating to: (a) operations that may be an abuse of a dominant position; or (b) cartels and bid rigging, unfair trade practices, and unreasonable agreements with foreign entities that are at risk of violating the TCA. The TCC’s determination shall be binding upon the applicant only according to the scope, period and condition specified by the TCC. If it appears that the information provided to the TCC, in order to make a determination, was materially incomplete, or a condition imposed by the TCC was violated, the TCC may revoke such determination.
On the other hand, a business operator is required to file a post-merger filing in case such merger results in the significant lessening of competition in the market.
How does your jurisdiction approach mergers, acquisition mergers and full-function joint ventures?
Please refer to our response to question 4.3 above. There are no separate rules for different types of joint ventures and mergers. The TCC’s interpretation is that the establishment of a new joint venture company does not fall under the definition of a “merger” under the TCA and is therefore not subject to the TCA. However, to the extent that the effect of a joint venture constitutes a “merger” (as defined in the TCA), the merger control provisions of the TCA shall apply, e.g., where the creation of a joint venture company involves an amalgamation, asset or share acquisition constituting a “merger”.
However, note that the foreign ownership restriction described in question 4.1 above is still applicable; i.e., foreigners are not permitted to own over 49% of the shares in a Thai airline.
Please provide details of the procedure, including time frames for clearance and any costs of notifications.
A pre-merger application may be submitted to the TCC. The TCC shall consider such application within a period of 90–105 days from the date of submission and shall notify the applicant of the result. The applicable fee for such pre-merger application is THB 250,000.
For pre-consultation, this could be considered within a period of 60 days from the date of submission. The applicable fee for such pre-consultation application is THB 50,000.
As for the post-merger notification, such merger must be notified to the TCC within seven days from the date of the merger. There are no applicable fees for such notification.
Are there any sector-specific rules which govern the aviation sector in relation to financial support for air operators and airports, including (without limitation) state aid?
There are no specific rules which govern financial support for air operators and airports. However, the business of air carriage transportation is classified as a “promoted business” under the Investment Promotion Act B.E. 2520 (1977), and therefore is granted certain tax privileges and non-tax privileges.
During 2020–2021, seven private airlines (Thai AirAsia; Thai AirAsiaX; Thai Smile Airways; Thai Lion Air; Thai Vietjet; Bangkok Airways; and Nok Air) had requested the Thai government to initiate a soft loan scheme to mitigate the impacts of the COVID-19 outbreaks for airline operators, but after prolonged discussions between all parties, such scheme was eventually not approved by the Thai government.
Are state subsidies available in respect of particular routes? What criteria apply to obtaining these subsidies?
There are no available state subsidies.
What are the main regulatory instruments governing the acquisition, retention and use of passenger data, and what rights do passengers have in respect of their data which is held by airlines and airports?
The Personal Data Protection Act B.E. 2562 (2019) (PDPA), which became enforceable from 1 June 2022, is the main legislation governing the collection, use and disclosure of personal data. Under the PDPA, personal data is defined as information pertaining to a natural person that enables the identification of such natural person, whether directly or indirectly. As a general rule, consent (which can be in writing or in electronic form) from passengers must be obtained prior to or at the time of collection, usage or disclosure of personal data of passengers. In collecting and using personal data, the airlines and airports must also use such data in accordance with the intended purpose that was informed to the passengers and may only transfer such data provided that the recipients have adequate data protection standards.
In the event of a data loss by a carrier, what obligations are there on the airline which has lost the data and are there any applicable sanctions?
If the carrier discloses personal data in violation of the PDPA, e.g., without consent of the owner, or uses the data against the purpose of collecting the personal data as well as not ensuring that there are safe measures in place to store the personal data, the owner may require the carrier to suspend or delete its personal data. Additionally, depending on how the data was lost, the carrier may be subject to civil, criminal, or administrative liability pursuant to the PDPA. For example, if the data was disclosed against the purpose of collecting and caused damage to the owner, the carrier may be subject to: (i) civil liability (punitive damages); (ii) criminal liability (a fine of no more THB 500,000 and/or imprisonment of no more than six months); and (iii) an administrative fine of no more than THB 3 million.
What are the mechanisms available for the protection of intellectual property (e.g. trademarks) and other assets and data of a proprietary nature?
Intellectual property rights are mainly protected by:
the Patent Act B.E. 2522 (1979);
the Copyright Act B.E. 2537 (1994); and
the Trademark Act B.E. 2534 (1991).
The Department of Intellectual Property (DIP) is the government agency responsible for the creation, registration, and protection of intellectual property rights. A central registration system for trademarks and patents is also available for public searches.
Is there any legislation governing the denial of boarding rights and/or cancelled flights?
The MOT issued a notification on the procedures and remedies for late and cancelled flights, which provides that the airline shall compensate the passenger by providing food and beverage accommodation, arranging an alternative flight, and/or making monetary compensation.
What powers do the relevant authorities have in relation to the late arrival and departure of flights?
Similar to the above, the airline would have to remedy and compensate the passengers according to such notification, the type of remedy depending on the period and length of delay. The airline’s failure to provide the remedy and compensation according to such notification is subject to criminal penalties.
Are the airport authorities governed by particular legislation? If so, what obligations, broadly speaking, are imposed on the airport authorities?
The airport authorities are mainly governed by the Air Navigation Act. Under such act, one of the main obligations imposed on the airport authorities includes arranging and implementing a civil aviation security plan (which should be in line with the National Civil Aviation Security Plan issued by the Civil Aviation Board). Additionally, if the airport operator provides services to the general public, it can only collect fees that are permitted under the act, e.g., service fees from out-going and in-going passengers, landing or taking off service fees, aircraft storage service charges, ramp service charges and any other service fees prescribed in the sub-legislation.
To what extent does general consumer protection legislation apply to the relationship between the airport operator and the passenger?
The Consumer Protection Act B.E. 2522 (1979) (Consumer Protection Act) provides that if a specific law has already prescribed the provisions on consumer protection, the Consumer Protection Act shall be applied to the extent that it is not redundant or contradicts with such specific legislation.
What global distribution suppliers (GDSs) operate in your jurisdiction?.
Notable GDSs in Thailand include FedEx, DHL and UPS.
Are there any ownership requirements pertaining to GDSs operating in your jurisdiction?
Foreign ownership restrictions may be applicable to GDSs under the Air Navigation Act and the Foreign Business Act.
Is vertical integration permitted between air operators and airports (and, if so, under what conditions)?
Vertical integration is possible; however, it should not result in the creation of a monopoly, or reduce or limit competition in a manner prescribed in the TCA.
Are there any nationality requirements for entities applying for an Air Operator’s Certificate in your jurisdiction or operators of aircraft generally into and out of your jurisdiction?
As stated above, an AOL may only be obtained by a Thai national.
In Future
In your opinion, which pending legislative or regulatory changes (if any), or potential developments affecting the aviation industry more generally in your jurisdiction, are likely to feature or be worthy of attention in the next two years or so?
As the COVID-19 pandemic situation has improved, the Thai government has lifted travel restrictions and fully opened the country. Therefore, many COVID-19 regulations or measures issued by the CAAT during early 2020 to the middle of 2022 have been revoked with the purpose of promoting the aviation sector together with the tourism sector in Thailand.
Additionally, on 13 August 2021, the CAAT issued a draft CAAT Notification re requirements and procedures for resolving disputes between the CAAT and air operators, which provides air operators with the right to request the CAAT to review or re-evaluate any regulation, notification, order or administrative action by the CAAT.
Another interesting piece of legislation to keep an eye on is the incorporation of the Geneva Convention into Thai domestic law. Even though Thailand has signed the Geneva Convention, at present, it has not enacted any provisions of such convention into domestic law. Considering the lack of regulations with respect to aircraft mortgages, and public interest in creating other types of security interest, it is possible that such issue may be reconsidered in the near future (after the cabinet’s decision to repeal a draft aircraft mortgage act in 2015).
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