Thailand Introduces New and Expanded FBA Exemptions for Service Businesses and Brokerage or Agency Businesses

The Department of Business Development (“DBD”) has recently announced the issuance of two new Ministerial Regulations under the Foreign Business Act B.E. 2542 (1999) ("FBA"), marking another step towards facilitating foreign investment and reducing regulatory burdens for certain business activities. Both regulations were published in the Royal Gazette on 28 August 2026 and came into force on the same date.

The first regulation, Ministerial Regulation Prescribing Service Businesses Exempt from the Requirement to Obtain Permission to Operate a Business under the FBA (No. 5) B.E. 2569 (2026) ("Ministerial Regulation No. 5"), expands the categories of service business in which foreigners may engage without obtaining a permission. The second regulation adds certain derivatives agency activities to the exemptions from the restrictions on brokerage and agency business activities under List Three of the FBA.

These developments reflect the Thai government's continuing efforts to modernise Thailand's foreign investment regime while maintaining regulatory oversight of businesses considered strategically important.

1. Expansion of Service Business Exemptions

Ministerial Regulation No. 5 introduces several new categories of service businesses that are exempt from the requirement to obtain permission. 

The principal exemptions are:

     (a) Telecommunications services under a Type 1 Telecommunications Business Licence, which is a licence for telecommunications business operators that do not have their own telecommunications networks and whose businesses are considered appropriate for the provision of services on a liberalised basis, in accordance with the law governing telecommunications business operations. 

     (b) Treasury Centre services under the law governing exchange control.

     (c) Intra-group management services

     Foreigner may provide certain management services to related entities without obtaining permission. The permitted services are:

     •    administrative services; 

     •    human resources services; and 

     •    information technology (IT) services. 

     The exemption applies where the service provider and recipient have one of the prescribed corporate relationships set out in Ministerial Regulation No. 5, based on specified shareholding or management-control arrangements. 

     (d) Guarantee services limited to domestic debt guarantees between related entities that have one of the prescribed relationships set out in Ministerial Regulation No. 5, based on specified shareholding or management-control arrangements. 

     (e) Leasing portions of premises for the installation of electronic equipment used to provide financial services and automatic vending machines for goods or services, for the use and convenience of company employees. 

     (f) Petroleum drilling services where the contractor has entered into a contract directly with a concessionaire, a production sharing contractor, or a service contractor under the law governing petroleum operations.

Ministerial Regulation No. 5 also expands certain existing exemptions for financial services, including lending for the purchase of securities and securities repurchase transactions, as well as certain dealer, advisory and fund management services relating to derivatives that fall outside the scope of the Derivatives Act.

2. New Exemptions for Certain Brokerage or Agency Businesses

A separate Ministerial Regulation introduces new exemptions for certain brokerage or agency businesses under List Three, item 11 of the FBA. 

The exemptions apply to the following derivatives agency activities:

     •    acting as a derivatives agent under the Derivatives Act in the trading of derivatives whose underlying goods or reference variables fall outside the scope of the Derivatives Act; and

     •    acting as a derivatives agent under the Derivatives Act in the trading of derivatives that provide for cash settlement calculated by reference to exchange rates or interest rates, where the trading takes place outside a derivatives exchange.

The regulation forms part of broader efforts to align Thailand's foreign business restrictions with current market conditions and developments in the Thai capital market. 

Practical Implications

The new regulations provide welcome flexibility for multinational groups operating in Thailand. In particular, Ministerial Regulation No. 5 should significantly reduce regulatory burdens for multinational enterprises that centralise support functions within a regional or global shared-service arrangement. Administrative, HR and IT support services provided between qualifying group entities may now be carried out without obtaining permission, provided that the prescribed corporate relationship requirements are met. 

However, foreign business operators should note that the exemption is limited to the categories expressly prescribed by the regulation. Accounting, legal, finance, tax, consulting and other professional services are not included within the newly exempted intra-group management categories. Foreigners intending to provide such services should therefore continue to assess whether any relevant regulatory approval or authorisation, such as a Foreign Business License (“FBL”) or Foreign Business Certificate ("FBC"), is required, or whether restructuring may be necessary.

Similarly, the brokerage or agency exemptions are narrowly drafted and apply only to the specific activities identified in the regulation. Foreign business operators engaging in other brokerage or agency activities should continue to assess whether permission is required.

Key Takeaways

     •    Thailand has expanded the scope of service-business exemptions from the requirement to obtain permission under the FBA. 

     •    Qualifying intra-group administrative, HR and IT shared services may now be provided without obtaining permission. 

     •    Treasury Centre services, certain domestic guarantee services and petroleum-related support services have also been added to the exemption list.

     •    Certain derivatives agency activities are now exempt from the restrictions on brokerage or agency businesses under List Three of the FBA. 

     •    Foreign business operators should nevertheless review the precise scope of the exemptions before relying on them, as activities falling outside the prescribed categories may remain subject to the FBA licensing regime.