There is a free trade agreement between China and Thailand, wherein
goods coming from China when imported into Thailand are duty free. The
importer or manufacturer /importer in thailand will have to ask the
Chinese exporter to issue Form " E", which is a certificate of origin
to proof that the goods comes from China, in order for the Thailand
manufacturer/importer to enjoy zero rated duty when clearing the
goods.In the form " E", issued by the Chinese exporter to the Thailand
manufacturer/importer, the FOB price of the goods is written and the
name and address of the Chinese exporter is also stated in the Form "
E".
Can the Thailand manufacturer/importer issue a transferable letter of
credit or pay another third party Trading company in Hong Kong at the
value of the transaction amount, which the HK company will transfer to
the exporter in China, even at the same amount, just to be able to
control the timing of the payment to be received from this Thailand
customer.Question: Does thai foreign exchange control law allow
payment or remitance of this thailand manufacturer/importer to the
Hong Kong Trading company, although the invoice used to clear customs
is issued by the Exporter in China ( and not the Hong Kong trading
company)?
Note: The HK company is the master/owner of the transaction and will
get their profit from the exporter in China, because the invoice price
issued by the Chinese exporter contains already the HK company's
commission or profit. |