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Yuthana Sivaraks

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Yuthana is a partner and co-head of the Investigations, Compliance & Ethics Practice Group at Baker McKenzie, Bangkok. He is an acknowledged leader in the field of government procurement and contracts, and public-private partnership (PPP) projects. One of his most notable areas of expertise is advising on court cases that challenge decisions made by government authorities, or address disputes arising from procurements, bid rigging, administrative orders and contracts, as well as arbitration proceedings. Prior to joining the Firm, he was a judge advocate, serving in the Royal Thai Navy for more than five years, becoming well versed in government procurement and contracts, and negotiation and investigation skills. His roles and responsibilities covered a wide range of issues dealing with administrative law, government contracts and civilian and military personnel law, acting as an inquiry official legally empowered to conduct investigations. His responsibilities also extended to the provision of legal advice in the area of procurements, terms of reference (TOR), and contracts in procuring armaments and naval ships, as well as the law on the use of navally supervised state-owned land, including drafting rules and regulations and negotiating international contracts for the Royal Thai Navy.

On 12 March 2024, the Cabinet approved in principle the draft Alcoholic Beverage Control Act (No..), B.E. (“New Alcoholic Beverage Bill”) as proposed by the Ministry of Public Health. The New Alcoholic Beverage Bill has now been forwarded to the Office of the Council of State for further consideration.

The Department of Climate Change and Environment under the Ministry of Natural Resources and Environment is pushing ahead with the second draft of the Climate Change Bill (“Bill”), which is currently undergoing the process of public hearing until mid-April 2024. It is expected that the Bill will be considered by the cabinet for approval in principle in June 2024.
The Bill lays out Thailand’s action plan for climate actions and, importantly, imposes obligations and penalties for the private sector for the purposes of advancing climate mitigation and adaptation efforts. Some of the key elements of the Bill are summarized in this article.

As a key step in combating the climate change crisis, the Thai government has recently established the Department of Climate Change and Environment within the Ministry of Natural Resources and Environment. This central government agency is dedicated to focusing on the country’s climate change efforts.

“Sustainability Solution EP.1 – Why ESG matters” is presented by our partners Yuthana Sivaraks, Nam-Ake Lekfuangfu and Panyavith (Taro) Preechabhan. In this episode, our team discusses the rise of ESG, its importance, and what this would mean for companies going forward. This video is in Thai with English subtitles.

The Office of the Consumer Protection Board has published the Notification of the Advertising Committee on Guidelines for Using Advertising Statements in Manners That Affirm Facts That Are Difficult to Prove and Guidelines for Proving the Facts Concerning Advertising Statements, B.E. 2565 (2022) in the Government Gazette on 13 January 2023, effective on 14 January 2023.

The “provision or acceptance of gift policy” is a key compliance principle in the governmental sector, as reflected in several key pieces of legislation. On 13 January 2023, the Office of the Prime Minister issued the Regulation on the Provision or Acceptance of Gift of Governmental Officials, B.E. 2565 (2022), which came into effect on 14 January 2023. This regulation updates and strengthens the policy on the provision or acceptance of gifts for the governmental sector. The regulation applies to all government officials, including but not limited to officials, staff, and employees of government agencies and state-owned enterprises.

Governance plays a key role in protecting a company from undesirable misconduct and may help to mitigate some of the consequences of non-compliance, whether in terms of civil or criminal liabilities of the company itself or its board of directors.This article explores ESG from the corporate governance and management perspective.

Advertising is a great way for business operators to connect with consumers, and advertisers today are able to reach more customers than ever before through the use of various media and channels (e.g., electronic, social media, brochures, newspaper advertising and TV advertising). In response to this, the Office of the Consumer Protection Board has deemed it necessary to step up its efforts to protect consumers. This article discusses the potential regulatory development that business operators should be aware of concerning the use of advertising that presents unsubstantiated claims or statements that are difficult to prove true.

At present, certain promotional activities (e.g., sweepstakes, raffle games or random premiums) are subject to the Gambling Act, B.E. 2478 (1935), which require the business operator to get permission from the Department of Provincial Administration. The Gambling Act regulates all sweepstakes activities with a strict and complicated permission system. The Office of the Council of State has now updated the requirements under the Gambling Act by passing the Bill on Sweepstakes Activities in the Course of Business or Occupation to reduce the strict procedures and difficulties for business operators in arranging these promotional activities.