A.

PETROLEUM ACT

1.

Petroleum Act, B.E. 2514 (1971), 26 March 1971.

2.

Petroleum Act (No. 2), 20 November B.E. 2516 (1973) (re PA sections 28, 33, 36, 50 and 84).

3.

Petroleum Act (No. 3), 30 April B.E. 2522 (1979) (re PA sections 25, 26, 31, 32, 34 and 76).

4.

Petroleum Act (No. 4), 4 August B.E. 2532 (1989) (re PA sections 4, 15, 16, 22, 25, 26, 28, 30, 36, 39, 40, 42 bis, 45, 48, 51, 52 bis, 59, 71, 76, 82, 84, 85, 87, 88, 89, 90, 94, 99 bis and ter, 100, 100 bis- 100 octo, 104 bis, 109 bis and 110 and schedule of fees). [Thailand III terms]

5.

Petroleum Act (No. 5), 21 November B.E. 2534 (1991) (re PA section 70).

6.

Petroleum Act (No. 6), 17 October B.E. 2550 (2007) (re PA sections 15, 16, 16/1, 17, 18, 22, 22/1, 27, 28, 33, 42, 42bis, 50, 51, 75, 76, 77, 80/1, 80/2, 99bis, 99ter, 104).

Related Legislation and Announcements

1.

Announcement of the Office of the Prime Minister re straight baseline and internal waters of Thailand, 11 June 1970.

2.

NEC 331, re benefits, rights and duties of co-investors with Defence Energy Department, 13 December 1972.

3.

Proclamation on demarcation of the continental shelf of Thailand in the Gulf of Thailand, 18 May 1973.

4.

Announcement of the Ministry of Industry on concessions for onshore blocks, 14 February 1979.

5.

Announcement of the Prime Minister re exclusive economic zone of the Kingdom of Thailand, 23 February 1981.

6.

Act on Criminal Offenses on Offshore Platforms, 31 October 1987.

7.

Announcement of the Office of the Prime Minister re straight baselines and internal waters of Thailand, Area 4, 17 August 1992.

8.

Announcement of the Office of the Prime Minister (No. 2) re straight baselines and internal waters of Thailand, 2 February 1993.

9.

Announcement of the Ministry of Energy to submit applications for commissions
(19th bid round), 1 July 2005.

Ministerial Regulations

1.

Identification cards, 13 September 1971.

2.

(Repealed by No. 14).

3.

Concession applications, 13 September 1971.

4.

Form of concession and supplementary concession, 13 September 1971. [Thailand I terms] (Annexed concession forms DMR/P2 and DMR/P3 were replaced in 1989 by those annexed to No. 17).

5.

Rules re operations, 13 September 1971 (amended by No. 12).

6.

Safety areas, 13 September 1971 (amended by No. 11).

7.

Safety measures, 13 September 1971.

8.

(Repealed by No. 13).

9.

Reserved exploration areas, 13 September 1971.

10.

(Repealed by No. 13).

11.

Safety areas, 17 April 1981.

12.

Offshore production procedures and platforms, 22 September 1981.

13.

Commerciality criteria and production areas, 30 July 1987.

14.

Application and surface reservation fees, 8 December 1989.

15.

Special allowances for SRB calculation, 8 December 1989.

16.

Expenditure and work obligations in concession applications, 8 December 1989.

17.

Amendment of forms DMR/P2 and DMR/P3 appended to Regulation No. 4, 8 December 1989. [Thailand III terms].

18.

Production plans and forecasts, 6 December 1991.

19.

Adjustment of petroleum income for SRB calculation, 6 December 1991.

20.

Calculation of petroleum income, capital expenses, regular expenses and those related to several blocks, 21 April 1993.

DMF Notifications and Announcements

1.

Rules and procedures on relinquishment of offshore exploration block areas having a water depth not exceeding 200 metres, 20 March 1975.

2.

Exploration areas in the Gulf of Thailand, 15 December 1978.

3.

Rules and procedures on relinquishment of offshore exploration block areas having a water depth exceeding 200 metres, 4 April 1979.

4.

Demarcation of exploration blocks in the Gulf of Thailand and Andaman Sea, 16 May 1980.

5.

Place, form and supporting documents for payment of royalty, 4 May 1983.

6.

Exploration blocks in Andaman Sea, 2 June 1983.

7.

Rules and procedures for the relinquishment of onshore exploration block areas, 1 March 1984.

8.

Rules and procedures in the submission of statements of expenditures in conducting operations, 30 April 1992.

9.

Forms and filing periods for calculating SRB, 19 March 1993.

10.

Rules for using the petroleum data, 23 June 1997.

11.

Rules for submission of reports on petroleum operations 4 March 2004.

12.

Onshore Petroleum Exploration Blocks, Offshore Petroleum Exploration Blocks in the Gulf of Thailand and the Andaman Sea, 29 June 2000.

13.

Onshore Petroleum Exploration Blocks, Offshore Petroleum Exploration Blocks in the Gulf of Thailand and the Andaman Sea, 31 March 2005.

Other Materials

1.

DMR brochure “Petroleum Exploration Opportunities in Thailand”, which includes an SRB calculation, circa 1990.

B.  PETROLEUM INCOME TAX ACT

1.

Petroleum Income Tax Act, B. E. 2514 (1971), 26 March 1971.

2.

Petroleum Income Tax Act (No. 2) re tax reference prices for deep water exploration blocks, 20 November 1973.

3.

Petroleum Income Tax Act (No. 3) re alternative provisions to qualify for U.S. foreign tax credit, 30 December 1979.

4.

Petroleum Income Tax Act (No. 4) re income tax and tax returns, 4 August 1989.

5.

Petroleum Income Tax Act (No. 5) re specific provisions governing joint development zone, 9 October 1998.

Related Legislation

1.

Revenue Code Amendment Act (No. 29) B. E. 2534 re provisions to qualify for U.S. foreign tax credit, 6 November 1991.

2.

NEC Announcement No. 95 re amortization of capital expenses, 29 February 1972. (Amended by Royal Decrees of 28 November 1973 and 22 April 1979)

Royal Decrees

1.

Prescribing 50% petroleum income tax rate, 3 September 1971.

2.

Prescribing the categories, rates and conditions for deduction of capital allowances, 28 November 1973.

3.

Prescribing the categories, rates and conditions for deduction of capital allowances (No. 2), 22 April 1979.

4.

Prescribing 35% petroleum income tax rate for certain concessionaires (No. 2), 30 December 1979.

5.

Prescribing companies subject to Chapter 7 bis of the Petroleum Income Tax Act, 13 July 1991.

Ministerial Regulations

1.

Repealed.

2.

Entertainment expenses, 27 December 1971.

3.

Assessments and fines, 27 December 1971.

4.

Price discounts for deep water blocks, 5 March 1974.

5.

Transfers of petroleum business, 14 March 1984.

6.

Allocation of income and expenses among blocks, 25 October 1993.

Ministerial Notifications

1.

Public charities, clinics and educational institutions, 8 September 1971.

2.

Appointment of officers and place for filing of income tax returns, 8 October 2524 (1981). (No English translation)

3.

Amendment of notification dated 8 October 1981, 5 August 2534 (1992). (No English translation)

4.

Order of Revenue Department No. Thor. Por. 4/2528, 26 September 1985 re Ordering Payers of Assessable Income under Section 40 of the Revenue Code to Deduct Tax at Source.

N.B.

The above list does not include all legislation applicable to concessionaires and petroleum service companies. See, for example, the Foreign Business Operation Act, Civil Aviation Act, Construction Professions Act, Customs Act, Explosives Act, Forestry Legislation, Immigration Act, Working of Aliens Law, Vessels Act, etc.

E. T. Hunt Talmage, III