Analytics is one of the few local Thai firms that regularly advises clients on compliance with the U.S. Foreign Corrupt Practices Act (“FCPA”) and other anti-corruption laws, handles compliance investigations and conducts compliance training programs in Thailand. Most international firms that do this sort of work position their compliance specialists outside of Thailand. Analytics’s FCPA expert is not only resident in Thailand but is also a dual U.S. and Thai national. He therefore does not have to worry about compliance with Thailand’s opaque work permit regulations.
Mr. Mancill conducted his first compliance investigation in California before he was seconded to Thailand in 1998. Since that time, he has conducted scores of compliance investigations. He has decades of experience handling FCPA work.
Mr. Mancill has written extensively on corruption issues in Thailand, He also regularly speaks on FCPA compliance challenges outside of Thailand. He has, for example, spoken in Washington, D.C., Singapore and regularly speaks on this topic at events organized by the American Chamber of Commerce in Thailand.
He has conducted compliance investigations of automobile parts manufacturers, electronic parts manufactures, computer components manufacturers, hotels and hospitality businesses. The investigations have involved local subsidiaries of Fortune 50 companies and SMEs. He has worked with foreign outside counsel in the U.S., Japan and Singapore and in-house in the U.S. and Singapore.
- Toyota is a Japanese Company. Why are US Authorities Investigating Toyota and its Thai Subsidiary fo…After the Watergate scandals in the U.S. during the 1970s, the United States enacted the Foreign Corrupt Practices Act (the “FCPA”) in 1977 in response to revelations that U.S. companies had engaged in widespread bribery of foreign public officials. The FCPA was intended to halt the corrupt practices that had been revealed in the 1970s; ...Read more
- Thai Unit of Toyota Motor Corporation ordered to Pay Extra TaxesNikkei Asia reported that: Thailand Supreme Court on Thursday upheld a lower court ruling that the local unit of Toyota Motor Corp. owed the government 10 billion baht ($272.11 million) in extra taxes for importing components not subject to a reduced tariff. Nikki Asia reported that “Toyota’s Thailand unit in a written statement said it was paying ...Read more
- Foreign Ownership of Land Under Consideration (Again)The Bangkok Post is reporting that the Thai government is again considering opening up land ownership to foreigners in Thailand. Foreigners are generally prohibited from owning land in Thailand, and this often comes as a surprise to foreigners from more open and developed jurisdictions where there are no such restrictions. Not surprisingly, this is generating ...Read more
- Thailand to Join Talks on the Indo-Pacific Economic FrameworkThe Thai government announced it will join other countries in negotiating rules and procedures for the Indo-Pacific Economic Framework (IPEF). According to Nikki Asia: “he Thai cabinet approved Tuesday a statement notifying the U.S. of its participation in the negotiations.” This is a historic stride by the current U.S. administration to restore American leadership in ...Read more
- Predications for Thailand – 2022Random thoughts and musings about what we can expect in 2022. Not scientific in any sense of the word; entirely tongue-in-cheek. 1.Thailand’s Economic Growth: 3.3% Not terribly robust, but not as bad as it could be. Siam Commercial Bank’s research house recently downgraded its economic forecast for Thailand’s economic growth from 3.4% to 3.2% because of the ...Read more
- Real Estate Scams in ParadiseYears ago I saw an English language posting on Linked-In advertising the “sale” of land on Koh Chang (a Thai island) through the use of three consecutive 30 year “registered” leases for a total of 90 years. The advertisement went so far as to highlight the land’s location in a national park. When I posted ...Read more
- Toyota Reports “Possible” Corrupt Activity in ThailandMultiple media resources are reporting that Toyota “alerted the U.S. Department of Justice and the Securities and Exchange Commission to possible antibribery violations involving a subsidiary in Thailand”. Those media sources include, among others, the Wall Street Journal (the quoted language is from the Wall Street Journal), Nikki Asia, Bloomberg, and Bangkok’s English newspaper, the Bangkok Post. The Bangkok Post cites Reuters ...Read more
- New Service Added: Work Permits and VisasThrough new additions, Analytics will now offer work permit and visa services to existing clients and parties that retain the firm for corporate formation work. Because the fees for these services will be heavily discounted (e.g., fees for work permits could be as low as several hundred dollars), these services will only be provided to ...Read more
- Thailand Falls Another Three Places on Transparency International’s Corruption IndexThailand ranked 104th among 180 countries surveyed, down from 101st a year earlier, with an overall score of 36 out of 100. The higher the ranking the greater the perception of corruption, and the lower the score, the higher the perception of corruption. Although there have been minor changes, Thailand’s ratings on Transparency International’s Corruptions ...Read more
- Airbus Corruption Probe Likely to ContinueAlthough the Trump administration unexpectedly imposed record fines under the Foreign Corrupt Practices Act (“FCPA”), it also initiated “fewer and fewer new FCPA investigations”. The National Law Review reports that it expects the incoming Biden administration to “continue the trend of increasing FCPA enforcement settlement values, while also increasing the pace of initiating new FCPA ...Read more
- Conducting Corruption Compliance Interviews Abroad – ThailandForeign Corrupt Practices Act (“FCPA”) investigations typically involve third parties or subsidiaries located outside the US since most FCPA violations arise out of the activities of foreign third parties or foreign subsidiaries. But most guides on how to conduct FCPA investigations and interviews seem to ignore this rather obvious fact. It has not however escaped the attention of ...Read more
- Thai to Seek Extension to File Bankruptcy Reorganization PlanThai Airways International Plc (“Thai”) will seek an extension to submit a bankruptcy rehabilitation plan from the end of this year until February of 2021. This could change. To recap Thai’s own history of the bankruptcy reorganization proceedings filed on behalf of or by Thai thus far: 26 May 2020 – Thai submitted a petition to enter bankruptcy ...Read more
- Things You Never Want to Hear from Your Lawyer in ThailandCompliance with the U.S. Foreign Corrupt Practices Act is challenging in some jurisdictions, and there are some things you never want to hear from your lawyer, particularly in high-risk jurisdictions such as Thailand. Here are a few “innocent” statements that have been “repeated” as purported anecdotes, followed by comments on why these statements are dangerous ...Read more
- More FCPA Enforcement Activity Predicted under Biden PresidencyAlthough the Department of Justice (DOJ) under Trump imposed record penalties under the U.S. Foreign Corrupt Practices Act (FCPA”) from 2017 through 2020, it also initiated fewer and fewer new FCPA investigations during that period. Indeed, White House Economic Advisor Larry Kudlow reportedly said in January 2020 that the administration was “looking at” making changes to the ...Read more
- High Level Overview of Steps Required to Register a Private Limited Company in ThailandThe steps required to establish a private limited company in Thailand are: Reservation of Name The first step involved in establishing a Thai company is to file via online an application to register the company’s proposed name(s) with the Registrar (the Registrar) of the Partnerships and Companies Registration Office, Department of Business Development (DBD), Ministry of Commerce. Within ...Read more
- Top 12 Things to Keep in Mind When Planning on Doing Business in ThailandThe top 12 things to keep in mind when planning to do business in Thailand: 1. Foreign Ownership of Companies and Land: This is often a surprise for business people and lawyers operating in more open economies, but foreigners are prohibited from owning land (absent narrow exceptions) and foreign majority owned businesses are prohibited from engaging in a ...Read more
- Serious and Real Reform of the Thai FBA is Overdue.The Bangkok Post reported on 21 May 2018 that the foreign business community is (again) pressing for reform of the Foreign Business Operations Act (FBA). We are seeing that again now. Reform is absolutely necessary, but the foreign business community needs to look carefully at reform proposals, because many past proposals, if they had been enacted, would have made ...Read more
- Compliance in the Time of CovidCovid-19 has created a perfect storm for regulatory lapses and failures: an unprecedented combination of business and regulatory disruption in a condensed time of period. Compliance requirements and safeguards are ignored, and compliance investigations hindered, delayed, or canceled. But do not expect the Department of Justice or the Securities and the Exchange Commission(“SEC”) to relax enforcement ...Read more
- Compliance Investigations in Thailand: Caste and CandorThere is one word that should start any real discussion about corruption in Thailand, and that word is Sakdina (ศักดินา). Sakdina is a historical system of social hierarchy that went so far as to assign a specific numerical rank to every person in Thailand depending on their status. Although officially abolished, it persists, in a less recognizable ...Read more
- TAT Sentence Upheld on AppealThe Bangkok Post is reporting that the convictions of the former Governor of the Tourism Authority of Thailand (TAT), Ms. Juthamas Siriwan, and her daughter, Jittisopa Siriwan, have been held up on appeal to the Thai Supreme Court. This presumably brings an end to the long saga of the Bangkok Film festival corruption case.Read more
- Corruption & Defamation: The Recent TripAdvisor ControversyThe press reports about the American jailed for allegedly posting a defamatory review on TripAdvisor about the Seaview hotel in Koh Chang have cast a spotlight on Thailand’s strict defamation laws. Reports about the jailing of the American appeared on the BBC website, the New York Times and the Bangkok Post.Read more
- International Anti-Corruption LawsEven before Barrack Obama became the 44th President of the U.S, a sea change in the enforcement of international anticorruption laws had started. The extent of that sea change became evident in December 2008 when Siemens AG and three of its subsidiaries agreed to pay a record U.S. $1.6 billion in fines to U.S. and ...Read more