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The Treaty of Amity is the common name for the treaty between the United States and Thailand that is linked to a special regime for American-owned companies under Thailand's Foreign Business Act. Exactly which activities the regime covers, and what exceptions apply to a given company, has to be checked against the treaty's official terms and the Department of Business Development's (DBD) current rules. We are still confirming the treaty's full official name, its year and its Thai name against primary sources.
Where the Treaty of Amity comes up
Foreign entrepreneurs run into the Amity regime when they are deciding how to run a business in Thailand lawfully and hear about a company that is "100% foreign-owned." Under the Foreign Business Act (s. 4), a company counts as foreign once foreigners hold half or more of its capital. For such a company, the first question is whether its activity is restricted under the Act, and the second is which basis fits: Amity, a Board of Investment (BOI) promotion, or a Foreign Business Licence (FBL). We cover the ordinary registration route step by step in How to register a Thai company in 2026.
How Amity status differs from BOI and an FBL
BOI promotion and an FBL are both tied to a specific project or business activity. The Amity certificate works differently: it is available to companies owned by US nationals, and its exact mechanics and criteria need checking against the DBD's current rules. Nominee structures — where Thai shareholders exist only on paper while a foreigner actually runs and funds the business — are illegal; the DBD has tightened its checks on them through Order 2/2568 (from 1 January 2026) and Order 1/2569 (from 1 April 2026), both replaced by Order 2/2569 from 1 August 2026.
What to check: shareholder nationality and the business activity
The Treaty of Amity applies to US nationals only. If the company has non-US partners or investors, confirm with the DBD whether its ownership structure qualifies for Amity before comparing it with BOI promotion or an FBL. A ministerial regulation published in the Royal Gazette on 28 August 2026 removed the licence requirement for eight service businesses, but hotels, restaurants and tour businesses stay on List 3 of the Act; we have found nothing that ties this exception to the Amity regime either.
Our lawyers check how Amity applies to your company's structure and activity against the DBD's current requirements before you commit to a route. If you are weighing Amity, BOI and an FBL, our team will compare the options for your activity and help with company registration in Thailand. We agree the cost upfront, with no hidden fees.
A work permit is a separate question from the Amity regime itself — see the FAQ below.
