Section Code: Article 8

between the Kingdom of Thailand and the United States of America

ARTICLE VIII: Restrictions

  1. Customs Duties

    Each Party shall accord to products of the other Party, from whatever place and by whatever type of carrier arriving, and to products destined for exportation to the territories of such other Party, by whatever route and by whatever type of carrier, treatment no less favorable than that accorded like products of, or destined for exportation to, any third country, in all matters relating to:

    1. customs duties, as well as any other charges, regulations and formalities levied upon or in connection 'with importation and exportation; and
    2. internal taxation, sale, distribution, storage and use.

    The same rule shall apply with respect to the international transfer of payments for imports and exports.

  2. No Restrictions on Importation of Products

    Neither Party shall impose restrictions or prohibitions on the importation of any product of the other Party, or on the exportation of any product to the territories of the other Party, unless the importation of the like product of, or the exportation of the like product to, all third countries is similarly restricted or prohibited.

  3. Restrictions

    If either Party imposes quantitative restrictions on the importation or exportation of any product in which the other Party has an important interest:

    1. It shall, upon request, inform the other Party of the approximate total amount of the product, by quantity or value, that may be imported or exported during a specified period, and of any change in such amount or period; and
    2. If it makes allotments to any third country, it shall afford such other Party a share proportionate to the amount of the product, by quantity or value, supplied by or to it during a previous representative period, due consideration being given to any special factors affecting the trade in such product.
  4. Restrictions on Non-Commercial Customary Grounds

    Either Party may-impose prohibitions or restrictions on sanitary or other customary grounds of a non-commercial nature, or in the interest of preventing deceptive or unfair practices, provided such prohibitions or restrictions do not arbitrarily discriminate against the commerce of the other Party.

  5. Currency Controls

    Either Party may adopt measures necessary to assure the utilization of accumulated inconvertible currencies or to deal with a stringency of foreign exchange. However, such measures shall deviate no more than necessary from a policy designed to promote the maximum development of non-discriminatory international trade and to expedite the attainment of a balance of payments position which will obviate the necessity of such measures.

  6. Special Advantages under International Treaties

    Each Party reserves the right to accord special advantages:

    1. to products of its national fisheries;
    2. to adjacent countries in order to facilitate frontier traffic; or
    3. by virtue of a customs union or a free trade area of which either Party may become a member, or of an interim agreement leading to the formation of a customs union or free trade area which either Party may enter into.

    Each Party, moreover, reserves rights and obligations it may have under the General Agreement on Tariffs and Trade, and special advantages it may accord pursuant thereto.