Security Briefing: Local Laws

The information below has been excerpted from the following: 1) the US Department of State's "International Travel" website (travel.state.gov/travel/), 2) the Australian Department of Foreign Affairs and Trade's "Smartraveller" website (www.smartraveller.gov.au), and 3) the UK Foreign and Commonwealth Office's "Foreign Travel Advice" website (www.gov.uk/foreign-travel-advice/). Additional information is available from these sources. World Trade Press annually assesses the information presented on this page.

United States: Department of State International Travel Information

CRIMINAL PENALTIES

While you are in Thailand, you are subject to Thai laws and penalties, even if you are a U.S. citizen. If you violate Thai laws, even unknowingly, you may be fined, arrested, imprisoned or deported. Foreign laws and legal systems can be vastly different than our own. For example, Thais hold the King and the royal family in the highest regard, and it is a serious criminal offense in Thailand to make critical or defamatory comments about them. This particular crime, called lèse majesté, is punishable by a prison sentence of three to fifteen years. The offenses include actions that in the United States would be sanctioned as the exercise of free speech. If you use the Internet when committing this crime, you may be subject to additional criminal sanctions of up to seven additional years in prison. Thai authorities actively search for and investigate Internet postings, including blog entries and links to other sites, for lèse majesté content. They have arrested and charged U.S. citizens and others with lèse majesté offenses for actions that occurred outside of Thailand. You can also be charged if you do not remove a potentially offensive item fast enough from an Internet site you control. Purposely tearing or destroying Thai bank notes, which carry an image of the King, may also be considered a lèse majesté offense, as can spitting on or otherwise defiling an official uniform bearing the royal insignia.

The Thai government has publicly stated that it will not tolerate the use of Thai territory as a base by groups trying to overthrow or destabilize the governments of nearby countries. Several U.S. citizens have been arrested or detained under suspicion of carrying out such activities. Sometimes military authorities carry out these detentions, and we do not learn of them until many days after the fact. Many U.S. citizens suspected of advocating the armed overthrow of other governments have been "blacklisted" from entering the country. Attempts to overthrow foreign governments by force may violate U.S. law as well as Thai law.

Penalties for possessing, using, or trafficking in illegal drugs in Thailand are severe, and convicted offenders can expect long jail sentences under harsh conditions and often heavy fines as well. Thailand has a death penalty for serious drug offenses and has executed convicted traffickers. We frequently do not learn of the arrest of U.S. citizens for minor drug offenses, particularly in southern Thailand, until several days after the incident. If you are arrested for a minor drug offense, you may be jailed for several weeks while lab testing is done on the drugs seized with you. Pre-trial jail conditions may be more severe than prison conditions. If you are able to post bail during this period, the Royal Thai government will place your name on a watch list for Thai Immigration officials because you are not supposed to leave Thailand until the legal proceedings are complete. 

Some trekking tour companies, particularly in northern Thailand, make drugs available to trekkers. Drug-related crimes and arrests are also common in Bangkok, Pattaya, and at some beach resorts in southern Thailand. Police in beach resort areas are especially on the lookout for drugs during and after “full moon parties.” You should not accept drugs of any kind, as the drugs may be altered and harmful, and the use or sale of narcotic drugs is illegal in Thailand.

Thai police occasionally raid discos, bars, or nightclubs looking for underage patrons and drug users. During the raids, they typically check the identification of all customers in the establishment and make each person provide a urine sample to be checked for narcotics. The police do not excuse foreigners from these checks, and they arrest and charge anyone whose urine tests positive for drugs. Customers can be jailed if they do not cooperate, and we are unaware of any successful challenge to the practice.

Shoplifting is strictly prosecuted. Arrests for shoplifting even low-value items can result in large fines and lengthy detention followed by deportation. If you are accused of shoplifting at the airport, you will be detained and may miss your flight at your own expense. In 2010 and 2012, there were news reports that duty-free store employees in league with airport police added unpurchased items to foreigners’ check-out bags or did not charge for all the items purchased. Purportedly, police then stopped the foreigner as he/she exited the stores and charged the person with shoplifting. We strongly recommend that before leaving a counter, you carefully check all receipts to make certain they list all the items you purchased and also carefully check to ensure that only the items you purchased are in your bag.

Don’t buy counterfeit and pirated goods, even if they are widely available (as they are in Thailand). The manufacture and sale of pirated goods, including music, movies, software, and counterfeit luxury goods and apparel, is a crime in Thailand and is frequently controlled by organized crime networks. In addition, if you bring these goods back to the United States, you may be fined or have to forfeit the goods. More information on this serious problem is available in the intellectual property section of the U.S. Department of Justice website.

Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime prosecutable in the United States as well as in Thailand.  Thailand’s age of consent is 18 years old.

Arrest notifications in Thailand

Based on the Vienna Convention on Consular Relations, a United States-Thailand bilateral agreement, and customary international law, if you are arrested in Thailand, you have the right to request that the police, prison officials, or other authorities alert the U.S. Embassy or Consulate of your arrest, and to have communications from you forwarded to the U.S. Embassy or Consulate. To ensure that the United States is aware of your circumstances, as soon as you are arrested or detained, request that the police and prison officials notify the U.S. Embassy or Consulate.

SPECIAL CIRCUMSTANCES

Customs

Thai customs authorities may enforce strict regulations concerning temporary importation into or export from Thailand of items such as firearms, explosives, narcotics and drugs, radio equipment, books or other printed material, and video or audio recordings, which might be considered subversive to national security, obscene, or in any way harmful to the public interest and cultural property. Buddha images, regardless of form, are particularly sensitive items because of the central role of Buddhism in Thai society. You should contact the Embassy of Thailand in Washington, D.C, or one of the Thai consulates in the United States for specific information regarding customs requirements.

Surrogacy

 Similar to other Asian countries, Thailand has numerous modern fertility clinics for foreign parents wishing to have a baby through assisted reproductive technology (ART) or surrogacy. Nevertheless, the surrogacy industry in Thailand remains unregulated.  If you are considering traveling to Thailand for assisted reproductive technology procedures, please contact the U.S. Embassy in Bangkok or the Consulate General in Chiang Mai well in advance.  You should review available information to learn if your child born from ART could be documented as a U.S. citizen, including information on the Department’s website.

Medicine for Personal Use: The importation of medicine for personal use is allowed as long as the amount does not exceed a 30-day supply and you bring the medicine with you. Do not mail medicine to Thailand without first checking to confirm it will be allowed into the country. You can find customs and permit information on the Thailand Customs website and the Thailand Food and Drug Administration website. In 2012 and 2013, we received reports of U.S. citizens having difficulty importing prescription medicines that were commercially available in Thailand. It is important that you verify how you will maintain your medicine supply before you begin your trip. You should also use the resources linked in this paragraph to review the legality of the prescription medication you plan to bring with you in your carry-on and checked baggage. If you plan to purchase more medication while you are in Thailand, bring your physician’s prescription order with you. You may need to have your prescription reordered by a physician licensed to practice in Thailand before a Thai pharmacy will fill it.

Water Safety

Strong seasonal undercurrents at popular beach resorts pose a sometimes fatal threat to surfers and swimmers. During the monsoon season from May through October, drowning is the leading cause of death for tourists visiting the resort island of Phuket. Some, but not all beaches have warning flags to indicate the degree of risk (red flag: sea condition dangerous for swimming; yellow flag: sea condition rough, swim with caution; green flag: sea condition stable).

Weather Conditions

Heavy rains and floods are frequent during the May-October rainy season. Be alert for floods and landslides near waterways, in low-lying areas, and along hills. The leading cause of death during 2011’s historic period of flooding was electrocution because people did not turn off electricity in their flooded homes. Long power outages are also common during the rainy season. Monitor local media to keep up to date with the latest information about weather and road conditions in your area. The Thai Meteorological Department posts weather forecasts and warnings online. I f you are traveling by ferry, air, bus, or rail during periods of heavy rain, you should check with the transportation company you plan to use to ensure that its service is still operating. If you are driving, try to confirm that roads are passable. Highway information in the Thai language is available by dialing 1586. If you are affected by flooding and need urgent assistance, call 1155 to reach Tourist Police. You will find useful information on steps to take before, during, and after weather-related and other natural disasters at this U.S. government FEMA website.

Boat Safety

Boat safety is a concern in Thailand. Ferries and speedboats used for transport to and from the many islands off the Thai mainland and along rivers and canals are often overcrowded and do not carry sufficient safety equipment. Several years ago, three U.S. citizen tourists died when the over-crowded speedboat they were in capsized and sank off the coast of Koh Samui. Three months later, two U.S. citizens narrowly escaped death when their dive boat sank off the coast near Phuket. In 2012, a speedboat ferry sank in rough weather near Phuket injuring more than two dozen foreign tourists. Avoid travel on overcrowded boats and ensure that proper safety equipment (including life preservers) is available before boarding any boat or ferry.

Adventure Tourism

Thailand has a developed adventure tourism industry. However, standards and requirements for safety inspections may not be equivalent to those required for similar activities in the United States.

Fire Safety and Building Codes

Fire safety standards, sprinkler systems, and building codes in hotels and other buildings may not match those for similar structures in the United States. On March 8, 2012, a fire in a Bangkok hotel belonging to an international chain killed two foreign tourists and injured several others. There was no sprinkler system in part of the hotel. On August 17, 2012, a fire at a Phuket disco killed two Thais and two foreign tourists, and injured several other persons.

Arbitration

Incidents involving traffic accidents, minor property damage, and petty crimes are often settled through informal arbitration, or “compromise.” This process usually takes place at a police station, with the police as arbiters and sometimes as participants. It may seem irregular and look like an attempt to fleece the foreigner, but it is a traditional way of settling a dispute that many Thais prefer because it avoids legal formalities and is relatively quick. However, it can be opaque and bewildering to foreigners. In places with a large number of tourists, English-speaking Tourist Police or police volunteers might be able to explain what is going on. In any case, you should not sign anything unless you have read it and understood it. If you are not comfortable with this process, you can decline to participate. The police then will write a report and handle the matter through the formal judicial process. If this happens, you should consult with a local attorney for guidance.

Schools

Thailand has many schools where foreigners may study the Thai language, train to become English teachers, yoga instructors, learn Thai massage, or study Muay Thai, traditional Thai Boxing. Most are reputable, but some U.S. citizens have lost substantial sums of money to unscrupulous school operators who do not provide the services they have promised. We do not monitor or evaluate individual schools. Instead, you should thoroughly research a school before paying any fees. Do not rely on a good-looking website. Visit the school campus to inspect its facilities and verify the credentials of its instructors. Check the school’s reputation online – there are several websites that have student reviews. Pay school fees with a U.S. credit card rather than with cash or a bank transfer. Doing so will make it easier to recover your money in case of a dispute.

LGBT RIGHTS

Although there are no laws that criminalize sexual orientation or consensual same-sex sexual conduct between adults, some discrimination exists.  LGBT groups report that in the case of sexual crimes police tend to downplay sexual abuse or not to take harassment claims from LGBT victims seriously.  There are also reports of some continued commercial discrimination based on sexual orientation and gender identity.  For example, some nightclubs, bars, hotels, and factories may deny entry or employment to gay, lesbian, and transgender individuals. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our Information for LGBT Travelers page

ACCESSIBILITY

While in Thailand, individuals with disabilities may find accessibility and accommodation very different from what they experience in the United States. The Thai constitution mandates that newly constructed buildings have facilities for persons with disabilities. Also, newly built transportation facilities and new transportation equipment must be accessible to the disabled. Enforcement and awareness of these provisions has been gradually increasing since the first related law was passed in 1979, but enforcement is not uniform. Wheelchair access to buildings and public transportation is often difficult, impracticable, or non-existent. Ramps may be excessively steep. Curbs are seldom cut for wheelchairs. Sidewalks can be uneven and congested with vendors, utility poles, and other obstacles. Beginning in 2008, Bangkok began reconstructing sidewalks in commercial areas to make them safer for persons with disabilities. Facilities for the deaf and vision impaired are sparse and designed primarily for readers and speakers of Thai.

Australia: Department of Foreign Affairs and Trade Travel Advice

When you are in Thailand, be aware that local laws and penalties, including ones that may appear harsh by Australian standards, do apply to you. Australians have been arrested and sentenced to jail for making false statements to police. If you are arrested or jailed, the Australian Government will do what it can to help you but we can't get you out of trouble or out of jail.

Information on what Australian consular officers can and cannot do to help Australians in trouble overseas is available from the Consular Services Charter.

Foreigners are required to carry identification at all times.

In Thailand, penalties for drug offences are severe and include the death penalty. The possession of even small quantities of drugs known as "soft drugs" for recreational purposes can result in lengthy jail sentences and deportation.

The death penalty can also be imposed for murder, attempted murder, rape, crimes against the state including treason, and certain offences against the monarchy.

Lengthy prison terms up to 15 years can be imposed for insulting the monarchy or defacing images of the monarch and his family. This includes destroying bank notes bearing the King's image.

Almost all forms of gambling (other than at a few major race tracks) are illegal in Thailand. There can be heavy penalties for illegal gambling of any form.

Penalties for shoplifting, including at airports, include heavy fines and detention.

People found to be making false statements to police may be prosecuted and imprisoned or fined. Reporting any crime that did not actually take place or lying about the circumstances of an incident may result in your arrest and imprisonment.

Some Australian criminal laws, such as those relating to money laundering, bribery of foreign public officials, terrorism, forced marriage, female genital mutilation, child pornography, and child sex tourism, apply to Australians overseas. Australians who commit these offences while overseas may be prosecuted in Australia.

Australian authorities are committed to combating sexual exploitation of children by Australians overseas. Australians may be prosecuted at home under Australian child sex tourism and child pornography laws. These laws provide severe penalties of up to 25 years imprisonment for Australians who engage in child sexual exploitation while outside of Australia. A number of Australians have been arrested in Thailand for these crimes.

Local customs

Deliberate transgressions of local customs, such as showing the soles of your feet or touching the top of a person's head, are likely to cause grave offence. You should respect local customs and take care not to offend. If in doubt, seek local advice.

Information for dual nationals

Australia/Thai dual nationals may be liable for conscription. Australian/Thai dual nationals who are unsure of their military obligation can consult the nearest embassy of Thailand.

Our Dual Nationals brochure provides further information for dual nationals.

United Kingdom: Foreign and Commonwealth Office Foreign Travel Advice

Don’t become involved with drugs of any kind. Possession of even very small quantities can lead to imprisonment. If you are found guilty of being in possession of marijuana you are likely to receive a long prison sentence and a heavy fine. Amphetamines and ecstasy are regarded as Class A drugs and possession or trafficking carries the same penalties as heroin. If you are found guilty of being in possession of 20 grams of a Class A drug at a point of exit from Thailand you will probably be sentenced to death.

It’s a criminal offence to make critical or defamatory comments about the King or other members of the Royal family in Thailand. This is known as Lèse Majesté and is punishable by a prison sentence of 3 to 15 years, or longer. Foreign nationals have been convicted of Lèse Majesté.

It is illegal to import more than 200 cigarettes per person into Thailand and this is enforced at customs at the airport on arrival; those who exceed the limit may be fined ten times the value of the items and face confiscation of the cigarettes.

By law, you must carry your passport with you at all times in Thailand. Tourists have been arrested because they were unable to produce their passport on request. Make sure you complete the next of kin details section in the back of your passport.

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