Chapter 9: Penalties and Offences Status: Active & Enacted
Section 238: Penalties for Unauthorized Use or Misappropriation of Digital Certificates in Declarations
THAI CUSTOMS ACT B.E. 2560 (2017) // SECTION 238
Plain-Language Executive Summary for Importers & Exporters
Section 238 of the Thai Customs Act B.E. 2560 (Chapter 9 Offences and Penalties) statutorily regulates Penalties for Unauthorized Use or Misappropriation of Digital Certificates in Declarations.
OFFICIAL LAW
Official Statutory Text (Customs Act B.E. 2560)
Customs Act, B.E. 2560 (2017)
Chapter 9: Penalties and Offences
Section 238
(Statutory Enactment as Promulgated in the Royal Thai Government Gazette, Vol. 134, Part 53A, dated 17 May 2017)
LNL Customs Pro-Tips & Operational Best Practices
PRACTICAL GUIDANCE
Safeguard digital signature keys and declaration credentials confidentially, prohibiting uncontrolled delegation to unauthorized staff.
Statutory Compliance Risks & Penalties
Misappropriating another entity's digital certificate to submit customs entries carries up to 3 years imprisonment and 300,000 THB fines.
Official Government Verification & Citation
Verify the official statutory text and related notifications directly at the Thai Customs Department Legal Portal.
CHAPTER SILO
Related Sections in the Same Chapter (Act 2560)
Sec. 216
General Statutory Penalties for Procedural Customs Non-Compliance
Section 216 of the Thai Customs Act B.E. 2560 (Chapter 9 Offences and Penalties) statutorily regulates General Statutory Penalties for Procedural Customs Non-Compliance.
Read More
Sec. 217
Penalties for Failure to Submit Inward Cargo Manifests on Time
Section 217 of the Thai Customs Act B.E. 2560 (Chapter 9 Offences and Penalties) statutorily regulates Penalties for Failure to Submit Inward Cargo Manifests on Time.
Read More
Sec. 218
Penalties for Unexplained Cargo Discrepancies between Manifest and Discharged Goods
Section 218 of the Thai Customs Act B.E. 2560 (Chapter 9 Offences and Penalties) statutorily regulates Penalties for Unexplained Cargo Discrepancies between Manifest and Discharged Goods.
Read More
EXPERT CONSULTATION
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Section Navigator (1 - 262)
General Provisions 1-5
Chapter 1: Customs Administration 6-50
Sec. 6 Nationwide Powers and Duties of Customs Officers Sec. 7 Customs Uniforms and Identification Badges Sec. 8 Carrying of Official Firearms by Customs Officers Sec. 9 Search Powers over Persons and Conveyances in Customs Territory Sec. 10 Prohibition of Unauthorized Entry into Customs Controlled Areas Sec. 11 Offence of Impersonating a Customs Officer Sec. 12 Designation of Customs Ports, Checkpoints, and Airports Sec. 13 Customs Port Boundaries and Wharf Delimitation Sec. 14 Designated Transit Corridors and Approved Land Routes Sec. 15 Establishment of Inland Clearance Depots (ICD) Sec. 16 Temporary Border Checkpoints and Special Gates Sec. 17 Customs Boundary Signage and Demarcation Markers Sec. 18 Relocation and Closure of Customs Checkpoints and Ports Sec. 19 Customs Enforcement in Contiguous Maritime Zones (24 NM) Sec. 20 Official Customs Operating Hours and Port Service Times Sec. 21 Overtime Service Requests (OT) and 24/7 Clearance Sec. 22 Statutory Customs Fee Schedules and Overtime Rates Sec. 23 Fee Payment Methods and Electronic Customs Receipts Sec. 24 Customs Fee Exemptions for Diplomatic and State Agencies Sec. 25 Obligation of Master to Report Conveyance Arrival (Inward Manifest) Sec. 26 Electronic Submission of Inward Cargo Manifest via NSW Sec. 27 Declaration of Crew, Passengers, and Ship Stores Sec. 28 Emergency Berthing or Forced Landing due to Force Majeure Sec. 29 Prohibition of Cargo Discharging without Customs Permit Sec. 30 Customs Supervision of Cargo Discharge at Approved Wharves Sec. 31 Storage of Uncleared Goods in Transit Sheds and Port Enclosures Sec. 32 Discrepancy Reporting: Manifest vs. Tally Sheet Reconciliation Sec. 33 Carrier Liability for Missing or Damaged Bonded Cargo Sec. 34 Customs Clearance for Pipeline, Power Grid, and Rail Freight Sec. 35 Obligation of Master to Submit Outward Manifest Sec. 36 Issuance of Port Clearance Certificate Sec. 37 Prohibition of Departure without Official Customs Clearance Sec. 38 Verification of Outbound Cargo against Export Declarations Sec. 39 Supervision of Cargo Loading onto Outbound Conveyances Sec. 40 Reporting Short-Shipment and Shut-Out Export Cargo Sec. 41 Duty-Free Export of Ship Stores, Bunkers, and Equipment Sec. 42 Detention of Conveyances Violating Outward Port Rules Sec. 43 Emergency Vessel Departure and Retroactive Outward Filing Sec. 44 Customs Patrol Vessel Pursuit and Interception in Territorial Waters Sec. 45 Master's Duty to Heave-To upon Official Customs Signal Sec. 46 Customs Search of Concealed Compartments and Secret Holds Sec. 47 Customs Sealing and Fastening for Domestic Coastwise Trade Sec. 48 Penalties for Tampering with or Breaking Customs Seals Sec. 49 Requisitioning Police or Military Assistance in Customs Enforcement Sec. 50 Electronic Tracking of Conveyances via AIS and GPS Systems
Chapter 2: Importation and Exportation 51-100
Sec. 51 Electronic Customs Declaration Submission (e-Customs) and Digital Validity Sec. 52 Digital Signatures and Electronic Certificate Security Sec. 53 Pre-Arrival Processing (PAP) and Advance Customs Clearance Sec. 54 Transmission of Supporting Documents via National Single Window (NSW) Sec. 55 Self-Assessment System for Importers and Exporters Sec. 56 Mandatory Accompanying Documents for Declaration Submission Sec. 57 Pre-Clearance Declaration Amendment Procedures Sec. 58 Cancellation and Voiding of Electronic Declarations Sec. 59 Simplified Clearance Formalities for Express and Low-Value Cargo Sec. 60 Legal Responsibility of Declarant for Submission Accuracy Sec. 61 Automated Risk Profiling and Clearance Channel Assignment Sec. 62 Green Line Automated Release without Physical Examination Sec. 63 Red Line Physical Inspection and Container X-Ray Scanning Sec. 64 Importer's Obligation to Provide Inspection Labor and Equipment Sec. 65 Customs Authority to Draw Cargo Samples for Testing Sec. 66 Customs Laboratory Chemical Analysis Procedures Sec. 67 Customs Re-Examination upon Reasonable Suspicion of Irregularities Sec. 68 Customs Inspection Endorsement and Digital Release Clearance Sec. 69 Fast-Track Clearance for Perishables, Urgent Cargo, and Live Animals Sec. 70 Customs Immunity for Lawful Inspection Damage without Gross Negligence Sec. 71 Duty Payment Confirmation Prior to Cargo Release Sec. 72 Electronic Duty Payment System and Direct Bank Debit Protocols Sec. 73 Release of Goods Against Cash Security or Bank Guarantee Sec. 74 Security Release for Goods Pending Ancillary Agency Permits Sec. 75 Delivery Order (D/O) Verification and Terminal Gate Pass Issuance Sec. 76 Obligation to Promptly Remove Cleared Cargo from Port Terminal Sec. 77 Customs Controls for Bonded Cargo Movement Between Domestic Ports Sec. 78 Retention of Reference Samples and Post-Release Documentation Sec. 79 Partial Cargo Release Procedures for Split or Bulk Shipments Sec. 80 Customs Controls on Re-Entry of Released Goods into Port Enclosures Sec. 81 Customs Clearance Formalities for International Postal Parcels Sec. 82 Special Customs Procedures for Authorized Express Cargo Operators Sec. 83 De Minimis Customs Duty and Tax Exemption Thresholds Sec. 84 Formal Declaration Mandate for High-Value Postal Consignments Sec. 85 Inspection and Seizure of Contraband in International Mail Sec. 86 Licensing, Accreditation, and Bond Requirements for Express Couriers Sec. 87 Advance Air Cargo Manifest Submission for Express Shipments Sec. 88 Custody and Storage of Parcels in International Postal Exchange Centers Sec. 89 Customs Immunity Protocols for Official Diplomatic Pouches Sec. 90 Return to Origin Procedures for Undeliverable International Mail Sec. 91 Statutory 30-Day Storage Limitation in Port Transit Sheds Sec. 92 Statutory Declaration of Unclaimed Goods as Overdue Cargo Sec. 93 Mandatory Written Notice to Consignees Prior to Public Auction Sec. 94 Appraisal of Reserve Price for Overdue Auction Cargo Sec. 95 Statutory Public Auction Procedures for Customs Overdue Goods Sec. 96 Statutory Allocation Hierarchy of Auction Proceeds Sec. 97 Disposal or Donation of Low-Value and Unsellable Overdue Goods Sec. 98 Destruction of Hazardous, Spoiled, or Prohibited Overdue Cargo Sec. 99 Consignee Right to Redeem Overdue Cargo Prior to Auction Date Sec. 100 Protection of Rights and Liability Extinction Post-Auction Disposal
Chapter 3: Tariff Classification and Duty Assessment 101-118
Sec. 101 Statutory Legal Obligation to Pay Customs Import and Export Duties Sec. 102 Statutory Customs Valuation Principles Aligned with WTO/GATT Valuation Agreement Sec. 103 Customs Valuation Based on the Transaction Value of Imported Goods Sec. 104 Mandatory Statutory Additions to Transaction Value (Assists, Royalties, Freight, Insurance) Sec. 105 Alternative Hierarchical Methods of Customs Valuation (Identical, Similar, Deductive, Computed) Sec. 106 Customs Valuation Scrutiny on Related-Party Transfer Pricing Sec. 107 Advance Ruling on Tariff Classification (Valid for 2 Years) Sec. 108 Advance Ruling on Rules of Origin for Free Trade Agreement Preferential Tariffs Sec. 109 Advance Ruling on Customs Valuation Methods and Deductions Sec. 110 Revocation, Modification, and Expiry of Advance Rulings Sec. 111 Issuance of Formal Notice of Duty Assessment (Form Kor.Sor.Kor. 114) Sec. 112 Statutory 3-Year Limitation Period for Post-Clearance Duty Assessments Sec. 113 Extension of Duty Assessment Limitation Period to 5 Years for Fraud or Evasion Sec. 114 Statutory Monthly Surcharge of 1% on Underpaid Customs Duties Sec. 115 Waiver or Reduction of Customs Surcharges for Bona Fide Disputes Sec. 116 Application for Customs Duty Refunds on Overpaid Taxes (3-Year Statutory Limit) Sec. 117 Statutory Interest on Customs Duty Refunds Payable by the State Sec. 118 Offsetting Refunded Customs Duties Against Outstanding Importer Tax Debts
Chapter 4: Bonded Warehouses and Free Zones 119-165
Sec. 119 Establishment and Licensing of Customs Bonded Warehouses Sec. 120 Statutory 2-Year Storage Limitation in General Bonded Warehouses Sec. 121 Manufacturing Bonded Warehouses for Export Processing Operations Sec. 122 Duty Exemption on Raw Materials Imported for Export Manufacturing Sec. 123 Domestic Market Entry of Finished Goods or Raw Materials from Bonded Warehouses Sec. 124 Bonded Warehouses for International Exhibitions and Trade Displays Sec. 125 Bonded Warehouses for Aircraft Maintenance, Repair, and Vessel Overhaul (MRO) Sec. 126 Customs Bonded Warehouses for Duty-Free Shops (Airport & Downtown) Sec. 127 Customs Bonded Storage Facilities for Petroleum and Oil Products Sec. 128 Procedures for Cargo Transfers Between Different Bonded Warehouses Sec. 129 Security Bonds and Bank Guarantee Requirements for Bonded Warehouses Sec. 130 Automated Electronic Stock Ledgers and Inventory Telemetry Integration Sec. 131 Annual Physical Stock Reconciliation and Customs Audits Sec. 132 Operator Liability for Unaccounted Inventory Shortages in Bonded Facilities Sec. 133 Annual Bonded Warehouse License Renewal and Supervisory Fees Sec. 134 Revocation, Suspension, and Liquidation of Bonded Warehouse Licenses Sec. 135 Establishment and Licensing of Customs Free Zones (FZ) Sec. 136 Qualifications and Security Criteria for Free Zone Operators and Users Sec. 137 Tax and Duty Incentives for Goods Entering Customs Free Zones Sec. 138 Export Duty Exemption for Goods Exported from Free Zones Sec. 139 Exemption of Regulatory Import Standards for Free Zone Production Inputs Sec. 140 Permitted Manufacturing, Assembly, and Processing in Free Zones Sec. 141 Tax Assessment Rules for Free Zone Goods Sold into the Domestic Market Sec. 142 Tariff Calculation Option: Raw Material Status vs. Finished Product Status Sec. 143 Customs Treatment of Production Scrap, Waste, and Defective Goods in Free Zones Sec. 144 Procedures for Cargo Transfers Between Different Free Zones Sec. 145 Transfer of Goods Between Free Zones and Customs Bonded Warehouses Sec. 146 Temporary Removal of Machinery and Molds Outside Free Zones for Repair Sec. 147 Automated Electronic Stock Inventory Ledgers for Free Zone Operators Sec. 148 Annual Physical Stock Auditing and Production Loss Tolerances in Free Zones Sec. 149 Deemed Export Status for Domestic Goods Purchased into Free Zones Sec. 150 Commercial Free Zones for Global Logistics and Regional Distribution Hubs Sec. 151 Annual Licensing Fees and Bank Guarantees for Free Zone Developers Sec. 152 Revocation and Liquidation Procedures for Decommissioned Free Zones Sec. 153 Licensing of Private Wharves and Terminals for International Trade Sec. 154 Customs Surveillance and Monitoring at Licensed Private Wharves Sec. 155 Establishment of Inland Clearance Depots (ICD Lat Krabang Regulations) Sec. 156 Bonded Rail and Road Shuttle Corridors Between Sea Ports and ICDs Sec. 157 Container Freight Station (CFS) Stuffing and De-Stuffing Regulations Sec. 158 Container Yard (CY) Security and Automated CCTV Surveillance Standards Sec. 159 Automated Optical Character Recognition (OCR) and Smart Port Gate Systems Sec. 160 Terminal Operator Strict Liability for Lost or Damaged Bonded Containers Sec. 161 Licensing and Customs Bonding for Off-Dock Clearance Depots Sec. 162 Suvarnabhumi Airport Cargo Free Zone and Logistics Village Operations Sec. 163 Ground Handling Agent Obligations for International Airfreight Custody Sec. 164 AEO Accreditation and Supply Chain Security Standards for Port Operators Sec. 165 Suspension, Revocation, and Closure of Approved Customs Port Licenses
Chapter 5: Transit and Transshipment 166-175
Sec. 166 Statutory Legal Framework Governing Cross-Border Customs Transit Goods Sec. 167 ASEAN Framework Agreement on the Facilitation of Goods in Transit (AFAFGIT) Sec. 168 Security Bonds, Bank Guarantees, and Mandatory Transit Insurance Sec. 169 Electronic Customs Seals (E-Seals) and Real-Time GPS Tracking for Transit Fleets Sec. 170 Statutory 30-Day Time Limit for Transit Goods to Exit the Kingdom Sec. 171 Statutory Legal Framework Governing Port and Airport Transshipment Goods Sec. 172 Operational Procedures for Port-to-Port and Airport-to-Airport Transshipments Sec. 173 Transshipment Manifest Filing and 30-Day Statutory On-Forwarding Window Sec. 174 Absolute Prohibition against Diverting Transshipment Cargo into Domestic Markets Sec. 175 Force Majeure Handling and Disposal of Damaged Transshipment Cargo
Chapter 6: Customs Brokers 176-188
Sec. 176 Licensing and Regulatory Accreditation of Customs Brokers Sec. 177 Corporate Financial and Capitalization Criteria for Licensed Customs Brokers Sec. 178 Mandatory Employment Quotas for Licensed Customs Specialists Sec. 179 Professional Code of Ethics and Operational Standards for Customs Brokers Sec. 180 Surety Bond and Security Deposit Obligations for Customs Brokers Sec. 181 Electronic Power of Attorney (e-PoA) Registration on the National Single Window Sec. 182 Joint and Several Legal Liability of Customs Brokers and Importers Sec. 183 Statutory Safe Harbor Immunity for Customs Brokers Acting in Good Faith Sec. 184 Mandatory 5-Year Record Retention Obligation for Customs Brokers Sec. 185 Continuing Professional Development (CPD) Obligations for Customs Specialists Sec. 186 Demerit Point Systems, Disciplinary Actions, and Administrative Fines for Brokers Sec. 187 Statutory Temporary Suspension of Customs Broker Licenses for Severe Misconduct Sec. 188 Permanent Revocation of Customs Broker Licenses and Corporate Blacklisting
Chapter 7: Search, Seizure and Detention 189-201
Sec. 189 Customs Statutory Authority to Conduct Post-Clearance Audits (PCA) on Importer Premises Sec. 190 Statutory 5-Year Audit Scope from Declaration and Customs Release Dates Sec. 191 Issuance of Formal PCA Audit Notification Letters and Inspection Scheduling Sec. 192 Warrantless Search Powers of Customs Officers within Customs Controlled Territories Sec. 193 Requirement of Court Search Warrants for Private Commercial Premises and Residences Sec. 194 Customs Statutory Powers to Seize and Impound Accounting Books and Business Contracts Sec. 195 Customs Digital Forensics Powers: Access to ERP Databases, Servers, and Corporate Emails Sec. 196 Customs Summons Powers: Mandatory Appearance of Directors, Accountants, and Witnesses Sec. 197 Customs Inter-Agency Financial Inquiries: Subpoenaing Bank Records and Remittances Sec. 198 Customs Seizure and Detention Powers over Suspected Contraband and Evaded Goods Sec. 199 Mandatory Preparation of Chain-of-Custody Seizure Inventory Receipts Sec. 200 Customs Statutory Powers to Detain and Seize Conveyances Used in Customs Offenses Sec. 201 Custody of Seized Property and Expedited Disposal of Perishable Evidence
Chapter 8: Customs Appeals 202-215
Sec. 202 Statutory Legal Right of Importers to Appeal Customs Duty Assessments Sec. 203 Strict 30-Day Statutory Deadline to File Formal Appeals from Service Date Sec. 204 Statutory Composition, Qualifications, and Quorum of the Customs Appeal Board Sec. 205 Quorum Protocols, Deliberation Timelines, and Voting Rules of the Appeal Committee Sec. 206 Submission of Formal Appeal Dossiers (Form Kor.Sor.Kor. 115) and Evidentiary Proof Sec. 207 Security Cargo Release During Pending Customs Appeal Proceedings Sec. 208 Powers of the Appeal Board to Subpoena Expert Witnesses and Order Retesting Sec. 209 Statutory Scope of Appeal Rulings: Dismiss, Reduce, Affirm, or Increase Assessments Sec. 210 Formal Written Service of Appeal Decision Ruling to the Appellant Sec. 211 Execution of Duty Refunds and Accrued Interest upon Successful Appeal Rulings Sec. 212 Interest Calculation Computation Window on Successful Customs Appeal Refunds Sec. 213 Right to Challenge Appeal Board Decisions before the Central Tax Court (30-Day Limit) Sec. 214 Right to Initiate Tax Court Lawsuits upon Administrative Deliberation Default Sec. 215 Judicial Petition for Stay of Tax Execution during Central Tax Court Proceedings
Chapter 9: Penalties and Offences 216-259
Sec. 216 General Statutory Penalties for Procedural Customs Non-Compliance Sec. 217 Penalties for Failure to Submit Inward Cargo Manifests on Time Sec. 218 Penalties for Unexplained Cargo Discrepancies between Manifest and Discharged Goods Sec. 219 Penalties for Discharging Cargo without Prior Customs Discharge Permits Sec. 220 Penalties for Departing Customs Ports without Valid Port Clearance Certificates Sec. 221 Penalties for Failing to Heave-To upon Customs Patrol Signals in Territorial Waters Sec. 222 Penalties for Unauthorized Trespassing into Customs Controlled Security Zones Sec. 223 Penalties for Failure to Retain Customs and Accounting Records for Mandatory 5 Years Sec. 224 Penalties for Operating Unauthorized Bonded Warehouses without Ministerial Licenses Sec. 225 Penalties for Clandestine Extraction of Bonded Inventory without Duty Settlement Sec. 226 Penalties for Operating Unauthorized Free Zone Facilities without Accreditation Sec. 227 Penalties for Unauthorized Diversion of Free Zone Manufactured Goods into Domestic Markets Sec. 228 Penalties for Failure to Submit Automated Free Zone Electronic Inventory Reports Sec. 229 Penalties for Operating Customs Brokerage Services without Official Accreditation Sec. 230 Penalties for Licensed Customs Specialists Certifying Fraudulent Declarations Sec. 231 Penalties for Deviating from Designated Transit Routes or Exceeding Transit Limits Sec. 232 Penalties for Breaking Customs Transit Seals, Locks, or Tampering with GPS Trackers Sec. 233 Penalties for Diverting Transshipment Cargo into Domestic Commercial Channels Sec. 234 Penalties for Failure to Declare Cross-Border Currency Exceeding Statutory Thresholds Sec. 235 Penalties for Refusing to Comply with Official Customs Summonses or Withholding Data Sec. 236 Penalties for Concealing, Destroying, or Falsifying Accounting Books to Evade Customs Audits Sec. 237 Penalties for Cyber Interference, Hacking, or Tampering with Customs NSW Systems Sec. 238 Penalties for Unauthorized Use or Misappropriation of Digital Certificates in Declarations Sec. 239 Penalties for Transit Shed Operators Failing to Report Lost Bonded Cargo Sec. 240 Penalties for Operating Conveyances Fitted with Concealed Compartments for Smuggling Sec. 241 Penalties for Passenger Smuggling and Failure to Declare Dutiable Items in Red Channel Sec. 242 Criminal Offence of Customs Smuggling and Unlawful Importation/Exportation Sec. 243 Criminal Offence of Customs Duty Evasion and Fraudulent Undervaluation Sec. 244 Criminal Offence of Evading Prohibitions or Restrictions on Goods Sec. 245 Criminal Liability for Possessing, Concealing, Buying, or Selling Smuggled Contraband Sec. 246 Criminal Liability for Aiding, Abetting, or Providing Conveyances for Smuggling Sec. 247 Offence of Breaking, Opening, Altering, or Tampering with Customs Seals and Fasteners Sec. 248 Criminal Offence of Submitting False Declarations, Invoices, or Untrue Statements Sec. 249 Criminal Offence of Obstructing, Resisting, or Assaulting Customs Officers on Duty Sec. 250 Criminal Offence of Forging Customs Official Stamps, Marks, Seals, or Digital Signatures Sec. 251 Personal Criminal Liability of Corporate Directors and Managers for Company Offenses Sec. 252 Mandatory Statutory Forfeiture of Offending Contraband and Evaded Goods to the State Sec. 253 Statutory Forfeiture of Conveyances, Vessels, Trucks, and Smuggling Equipment Sec. 254 Innocent Third-Party Owner Petition for Recovery of Seized Conveyances Sec. 255 Customs Authority for Public Auction, Destruction, or Official Disposal of Forfeited Assets Sec. 256 Customs Statutory Authority for Administrative Settlement and Case Compounding Sec. 257 Statutory Tiered Monetary Thresholds and Settlement Committee Competence Tiers Sec. 258 Statutory Extinction of Criminal Prosecution upon Full Settlement Compliance Sec. 259 Statutory Informer Bounties and Official Arresting Officer Reward Allocations
Transitory Provisions 260-262
Sec. 260 Transitory Provisions: Continuity and Validity of Legacy Customs Licenses and Bonded Warehouses Sec. 261 Transitory Provisions: Handling of Pending Tax Assessments, Appeals, and Judicial Cases Sec. 262 Transitory Provisions: Provisional Validity of Pre-Existing Ministerial Regulations and Orders