Key Takeaways
- Section 102: Mandates that exporters submit an export declaration and complete customs formalities prior to loading cargo onto the vessel or vehicle.
- Section 103: Regulates the loading of export cargo, demanding it be executed at designated locations and under customs supervision unless special approval is granted.
- Restricted Export Goods: Certain commodities (e.g. agricultural products, antiques, minerals, weapons) require specific export licenses.
- Declaration Misstatement Risks: Misdeclaring quantities or specifications in export declarations is punishable by heavy fines and potential forfeiture.
Rights and Obligations of Exporters Under Section 102
Section 102 of the Customs Act B.E. 2560 stipulates that any person wishing to export goods out of the Kingdom must file an export declaration with the customs officer, pay export duties (if applicable), and complete all customs clearance protocols before the departing vessel leaves. Failure to file an export entry or loading goods onto a transport vehicle without completed customs formalities constitutes a serious violation of exporting goods without lawful customs clearance.
Section 103 and Loading Regulations for Export Cargo
Under Section 103, loading export cargo onto any vessel or transporting it to designated port boundaries must be performed at designated customs stations and within official operating hours, unless authorized otherwise by the local customs director. This control mechanism ensures that all out-going goods are vetted and prevents the illegal smuggling of controlled or banned national resources.
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Contact Our Experts NowCompliance Issues on Export Restrictions and NSW Verification
Many export commodities are classified as restricted under local laws. Exporters must secure permits from respective governing bodies, such as phytosanitary certificates for agricultural exports. These licenses must be linked with the National Single Window (NSW) system to transfer data to the e-Customs platform. If the electronic link is broken or absent on the date of submission, the container will be flagged and held, leading to high demurrage fees at port terminals.
Official Reference Agencies and Regulations
- Thai Customs Department: Statutory sections on importer liabilities and criminal penalties under the Customs Act B.E. 2560.
- Ministry of Finance & Appeals Committee: Ministerial decrees on customs valuation and formal tax appeal tribunal procedures.
Exporting goods from Thailand requires strict compliance with Sections 102 and 103 of the Customs Act B.E. 2560. Exporters are legally required to file export declarations declaring accurate descriptions, quantities, and HS codes, and must secure all necessary export permits for restricted goods before the carrying vehicle leaves port limits.
Frequently Asked Questions
Q: What is the penalty for exporting restricted goods without an export license?
A: It is deemed an attempt to evade export restrictions under Section 244, which is punishable by fines and potential confiscation of the cargo, even if no export duties are applicable.
Q: Must loading of export cargo be done under direct customs supervision?
A: Under Section 103, loading must be performed at designated customs stations during working hours or processed through electronic monitoring approved by the Customs Department.
