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WHO WILL OWN THE FOREST? 8 PORTLAND, OREGAN

‘‘Investing in Frontier Markets: Risks, Obstacles and
Opportunities - THAILAND’’
                                                              ANDREW G. STEEL
                                                          Chief Executive Officer
                                                          THE TREEDOM GROUP
                                                     andrew.steel@treedom.com




                                Michael Young, CFA. Treedom Investments
- Investment Advisor to the Asia Renewable Resources Fund

- Forestry Consultancy & Project Management



- Plantation Management & Luxury Aromatic Oil
Manufacturer



- UK Charity & Thai Foundation: Charitable Objectives;
Reforestation & Environmental Education
THAILAND – Overview
MACROECONOMICS

  Facts about Thailand

  Population (2010)                                   66 million
  ASEAN Population                                   600 million

  GDP (2011)                                         US$345.6 billion
  GDP Growth (2012, projected)                         5.5-6.5%
  Export Growth (2011)                                16.4%

  Corporate Income Tax                               10-23%
  Value Added Tax                                    7%




http://www.boi.go.th/index.php?page=macroeconomics
Why THAILAND?

Abundant resources: Largest producer of natural rubber.
Strategic location: Asia-Pacific has the world’s highest rubber
consumption growth rate.
R&D: spends more in this area than Malaysia and Indonesia.
Infrastructure: offers an ample water supply, a low incidence
of power outages, and reliable transportation, ensuring
smooth manufacture and exporting.
Free trade agreements: already negotiated reduced tariffs
on rubber products with China, ASEAN countries, Australia
and New Zealand. Launch of the single-market ASEAN
Economic Community in 2015 with 600 million consumers
will open greater trade investment opportunities.
Workforce: labour is more cost-effective than in Malaysia
and Indonesia. There is a wealth of highly skilled personnel.
Why THAILAND?

                                       World Bank Ease of Doing Business 2012
                                       Every year, the World Bank conducts a study of
                                       Ease of Doing Business in countries around the
                                       world, which looks at domestic and medium-
                                       sized enterprises and quantitatively measures
                                       regulations affecting them, covers nine
                                       indicators for 183 economies.

                                       Ease of Doing Business 2012 ranked Thailand
                                       #17 in the world, placing in 4th in Asia.

 In fact, government approval to invest in Thailand is not even needed unless the special
 incentives offered by the Board of Investment are being applied for, and most sectors of the
 Thai economy are open to foreign investors.
                                                                       Source: http://www.doingbusiness.org
THAILAND – Risks


   Force Majeure:

   Legal:

   Land Classification:

   Obstacles/Challenges:
THAILAND – Floods
2011
Legal Status
Board of Investment (BOI):

Restricted Business Activities under the Foreign Business Act of 1999
List 1 – Businesses that foreigners are not permitted to engage in for special reasons: –

   Newspaper business, radio-broadcasting station or radio/television business.
   Farming, cultivation or horticulture.
   Animal husbandry.
   Forestry and timber conversion from natural forests.
   Fisheries, especially fishing in Thai territorial waters and in specific economic areas of
    Thailand.
   Extracting Thai herbs.
   Trade and auction sale of Thai antiques or objects of historical value.
   Making or casting Buddha images and alms bowls.
   Trading in land.
Thailand: Legal
Company Set up:

- without BOI approval: 51% Thai owned
entity: Foreign ownership is limited to
49%

However: If Land ownership required
Foreign ownership is limited to 39%

BOI Company: can own land.... 80% of
sales coming from overseas

“BOI overrides Company set up & Land ownership rules and
can be applied for retrospectively “
Land rights and land
documents in Thailand
 CLASSIFICATIONS

 Land Sor Kor Nung (1) -       Notification form of possession of land and has little real rights associated with it
  Nor Sor Song (2) -           Entitles the holder to occupy and use the land for a temporary period of time
  Nor Sor Saam (3) -           The N.S.3 is a title deed which shows a person's right to possess a certain plot of land, but the land
                                borders must be confirmed with neighboring plots.

        Nor Sor Saam (3) Gor - boundaries of the land are defined and the land is accurately surveyed in relation to
                                neighboring land areas
        Nor Sor Saam (3) Khor - surveyed and issued in an area which has no parcel points set by using an aerial survey.

 Nor Sor Si (4) Jor (Chanote) - certificate of true ownership for land and the only true ownership land title deed.
 Nor Sor Ha (5) - along with a utilization certificate it indicates that the district officer has confirmed the utilization on the land

 Documents issued by other Govt Departments

 Sor Por Gor. 4-01 -           Allotment of land from the land reformative committee
 Sor Tor Gor -                 Land certificate issued only in the zone of national reserved forest. The holder of this document has
                                the right to reside and live on the S.T.G. land
 Por Bor Tor 5 -               Evidence showing that the occupier of a plot of land has been issued a tax number and has paid tax
                                for using and the benefit of the land
 Nor Kor 3 -                   Utilization certificate issued under the Act of Land Allocation for Living B.E. 2511 (Self Help Settlement)
 Gor Sor Nor 5 -               Utilization certificate issued under the Act of Land Allocation for Living B.E. 2511 (Cooperative)
THAILAND –
Obstacles/Challenges


 Culture/Language
 Workforce (Visa issues)
 Border Areas
 Lawyers (Thailand 1st, Clients 2nd)
 Corruption – doesn’t exist!
    Commission culture does – Tax
   deductable!
Reasons Limiting
Investment in Asia

1.    Risks:
     -        Land title concerns
     -        Political/bureaucracy
     -        Due-diligence
     -        Liquidity
2.    Lack of opportunities
3.    Lack of expert and proven forestry asset managers
4.    Perceived lack of industry infrastructure
5.    Wider rejection of illiquid assets due to market concerns

•Developing_of_a_guideline_for_incorporating_the_interests_of_investors_into_National_Forest_Financing_Strategies_in_the_Asian_Region_v1.1.pdf
•Expert Group Meeting, "National Forest Financing Strategy", 28-29 August, 2012, FAO-Bangkok, Thailand
THAILAND – Opportunity
   RUBBER




Attractive Investment Incentives
The Board of Investment has classified the manufacture of natural rubber and rubberwood products as a priority
activity. As such, projects receive an eight-year corporate income tax holiday and are exempt from import duties on
machinery.
THAILAND – Opportunity
AQUILARIA




 Niche Market Product
 Thailand's 2nd Largest Producer of Oud Oil
 7.38 % Market Share (Thailand)
 0.15 % Global Market Share
 Working with 4 Major Global Perfume
Houses
Oud Oil:
Wholesale Market
25. Global Imports v Export

   World export : Growing demand in Oud oil
  Kilograms
   2,000      United Arab Emirates
              Singapore
              Malaysia
                                             1,529
                                                       •   World export increased by 87.7%
   1,500      Thailand                        134          from Y2005 to Y2007.
              Total
                                              253

   1,000                             851      371
                                                       •   Thailand is the worlds top exporter
                                      91

                 434
                                      189                  enjoying the highest market share of
    500                               114
                  182
                  145
                  11
                                      435
                                              754
                                                           51.1% in Y2006 and 49.3%in Y2007.
          -       97




      World import : Middle East - the major oud oil consumers
  Kilograms
  2,000
              Others
              Bahrain
              United Arab Emirates
                                               1,571      World import surged by 92.5% from
  1,500                                          96
              Saudi Arabia                      244        Y2005 to Y2007.
              Total

  1,000                                880      536
                                                          Most of Oudh importers are located
                                       53
                                       112                 in Middle East region, namely Saudi
                  424                  287
   500             7
                  11
                   1                            695
                                                           Arabia, U.A.E and Bahrain, covering
                  405                  428                 more than 90% of world import
      -
                                                           volume.
                                                            Source : www.cites.org
Thailand:
Oud Oil Exports
Thailand: No. 1 exporter globally - both quality & volume
       Kilograms
      1,800
                     Others
                                                            1,627
      1,600          U.A.E                                   51




                                                                    Source : www.cites.org
                     Bahrain
      1,400
                     Saudi Arabia                           548
      1,200
                     Total
                                                 972
      1,000                                       6
                                           754   118
       800                                                  419
                                           18    244
       600                          434    184
                                      2    183
       400                           36
                   96                112         604        608
       200           2                     369
                     1              284
                    10
         0          83
THANK YOU
                   ANDREW G . STEEL
                Chief Executive Officer
                 The TREEDOM Group
            andrew.steel@treedom.biz

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20120905 who will own the forest portland oregan andrew steel

  • 1. WHO WILL OWN THE FOREST? 8 PORTLAND, OREGAN ‘‘Investing in Frontier Markets: Risks, Obstacles and Opportunities - THAILAND’’ ANDREW G. STEEL Chief Executive Officer THE TREEDOM GROUP andrew.steel@treedom.com Michael Young, CFA. Treedom Investments
  • 2. - Investment Advisor to the Asia Renewable Resources Fund - Forestry Consultancy & Project Management - Plantation Management & Luxury Aromatic Oil Manufacturer - UK Charity & Thai Foundation: Charitable Objectives; Reforestation & Environmental Education
  • 4. MACROECONOMICS Facts about Thailand Population (2010) 66 million ASEAN Population 600 million GDP (2011) US$345.6 billion GDP Growth (2012, projected) 5.5-6.5% Export Growth (2011) 16.4% Corporate Income Tax 10-23% Value Added Tax 7% http://www.boi.go.th/index.php?page=macroeconomics
  • 5. Why THAILAND? Abundant resources: Largest producer of natural rubber. Strategic location: Asia-Pacific has the world’s highest rubber consumption growth rate. R&D: spends more in this area than Malaysia and Indonesia. Infrastructure: offers an ample water supply, a low incidence of power outages, and reliable transportation, ensuring smooth manufacture and exporting. Free trade agreements: already negotiated reduced tariffs on rubber products with China, ASEAN countries, Australia and New Zealand. Launch of the single-market ASEAN Economic Community in 2015 with 600 million consumers will open greater trade investment opportunities. Workforce: labour is more cost-effective than in Malaysia and Indonesia. There is a wealth of highly skilled personnel.
  • 6. Why THAILAND? World Bank Ease of Doing Business 2012 Every year, the World Bank conducts a study of Ease of Doing Business in countries around the world, which looks at domestic and medium- sized enterprises and quantitatively measures regulations affecting them, covers nine indicators for 183 economies. Ease of Doing Business 2012 ranked Thailand #17 in the world, placing in 4th in Asia. In fact, government approval to invest in Thailand is not even needed unless the special incentives offered by the Board of Investment are being applied for, and most sectors of the Thai economy are open to foreign investors. Source: http://www.doingbusiness.org
  • 7. THAILAND – Risks  Force Majeure:  Legal:  Land Classification:  Obstacles/Challenges:
  • 9. Legal Status Board of Investment (BOI): Restricted Business Activities under the Foreign Business Act of 1999 List 1 – Businesses that foreigners are not permitted to engage in for special reasons: –  Newspaper business, radio-broadcasting station or radio/television business.  Farming, cultivation or horticulture.  Animal husbandry.  Forestry and timber conversion from natural forests.  Fisheries, especially fishing in Thai territorial waters and in specific economic areas of Thailand.  Extracting Thai herbs.  Trade and auction sale of Thai antiques or objects of historical value.  Making or casting Buddha images and alms bowls.  Trading in land.
  • 10. Thailand: Legal Company Set up: - without BOI approval: 51% Thai owned entity: Foreign ownership is limited to 49% However: If Land ownership required Foreign ownership is limited to 39% BOI Company: can own land.... 80% of sales coming from overseas “BOI overrides Company set up & Land ownership rules and can be applied for retrospectively “
  • 11. Land rights and land documents in Thailand CLASSIFICATIONS Land Sor Kor Nung (1) - Notification form of possession of land and has little real rights associated with it  Nor Sor Song (2) - Entitles the holder to occupy and use the land for a temporary period of time  Nor Sor Saam (3) - The N.S.3 is a title deed which shows a person's right to possess a certain plot of land, but the land borders must be confirmed with neighboring plots.  Nor Sor Saam (3) Gor - boundaries of the land are defined and the land is accurately surveyed in relation to neighboring land areas  Nor Sor Saam (3) Khor - surveyed and issued in an area which has no parcel points set by using an aerial survey. Nor Sor Si (4) Jor (Chanote) - certificate of true ownership for land and the only true ownership land title deed. Nor Sor Ha (5) - along with a utilization certificate it indicates that the district officer has confirmed the utilization on the land Documents issued by other Govt Departments Sor Por Gor. 4-01 - Allotment of land from the land reformative committee Sor Tor Gor - Land certificate issued only in the zone of national reserved forest. The holder of this document has the right to reside and live on the S.T.G. land Por Bor Tor 5 - Evidence showing that the occupier of a plot of land has been issued a tax number and has paid tax for using and the benefit of the land Nor Kor 3 - Utilization certificate issued under the Act of Land Allocation for Living B.E. 2511 (Self Help Settlement) Gor Sor Nor 5 - Utilization certificate issued under the Act of Land Allocation for Living B.E. 2511 (Cooperative)
  • 12. THAILAND – Obstacles/Challenges  Culture/Language  Workforce (Visa issues)  Border Areas  Lawyers (Thailand 1st, Clients 2nd)  Corruption – doesn’t exist!  Commission culture does – Tax deductable!
  • 13. Reasons Limiting Investment in Asia 1. Risks: - Land title concerns - Political/bureaucracy - Due-diligence - Liquidity 2. Lack of opportunities 3. Lack of expert and proven forestry asset managers 4. Perceived lack of industry infrastructure 5. Wider rejection of illiquid assets due to market concerns •Developing_of_a_guideline_for_incorporating_the_interests_of_investors_into_National_Forest_Financing_Strategies_in_the_Asian_Region_v1.1.pdf •Expert Group Meeting, "National Forest Financing Strategy", 28-29 August, 2012, FAO-Bangkok, Thailand
  • 14. THAILAND – Opportunity RUBBER Attractive Investment Incentives The Board of Investment has classified the manufacture of natural rubber and rubberwood products as a priority activity. As such, projects receive an eight-year corporate income tax holiday and are exempt from import duties on machinery.
  • 15. THAILAND – Opportunity AQUILARIA  Niche Market Product  Thailand's 2nd Largest Producer of Oud Oil  7.38 % Market Share (Thailand)  0.15 % Global Market Share  Working with 4 Major Global Perfume Houses
  • 17. 25. Global Imports v Export World export : Growing demand in Oud oil Kilograms 2,000 United Arab Emirates Singapore Malaysia 1,529 • World export increased by 87.7% 1,500 Thailand 134 from Y2005 to Y2007. Total 253 1,000 851 371 • Thailand is the worlds top exporter 91 434 189 enjoying the highest market share of 500 114 182 145 11 435 754 51.1% in Y2006 and 49.3%in Y2007. - 97 World import : Middle East - the major oud oil consumers Kilograms 2,000 Others Bahrain United Arab Emirates 1,571  World import surged by 92.5% from 1,500 96 Saudi Arabia 244 Y2005 to Y2007. Total 1,000 880 536  Most of Oudh importers are located 53 112 in Middle East region, namely Saudi 424 287 500 7 11 1 695 Arabia, U.A.E and Bahrain, covering 405 428 more than 90% of world import - volume. Source : www.cites.org
  • 18. Thailand: Oud Oil Exports Thailand: No. 1 exporter globally - both quality & volume Kilograms 1,800 Others 1,627 1,600 U.A.E 51 Source : www.cites.org Bahrain 1,400 Saudi Arabia 548 1,200 Total 972 1,000 6 754 118 800 419 18 244 600 434 184 2 183 400 36 96 112 604 608 200 2 369 1 284 10 0 83
  • 19. THANK YOU ANDREW G . STEEL Chief Executive Officer The TREEDOM Group andrew.steel@treedom.biz

Editor's Notes

  1. & years operating successfully across a number of areas in the forestry sector primarily in Thailand & SE Asia
  2. Gateway to AsiaHub Of Asean Social & political StabilityGrowing EconomyWorld Class InfrastructureFDI PoliciesGovernment Support Incentives
  3. Leading to UN FAO Research
  4. EXPAND MORE
  5. http://en.wikipedia.org/wiki/2011_Thailand_floods Govt 350 Billion Baht
  6. Forestry & Timber conversion 80% of investment coming from overseas can apply (Contradiction on land ownership – CHECK WITH STEVE)
  7. Forestry & Timber conversion 80% of investment coming from overseas can apply (Contradiction on land ownership )
  8. FIO Website ALL in Thai – not condusive Google translate ???
  9. http://www.boi.go.th/index.php?page=opp_rubber
  10. http://www.boi.go.th/index.php?page=opp_rubber
  11. Oud Oil & Agar Oil
  12. Shooting export volume : Surging exports over 102.7% per year to support the global growing demand from Y2005 to Y2009. Premium grade oil : Thai oud oil, mostly from Aquilaria Crassna, is highly appreciated by the Middle East customers from Saudi Arabia, Bahrain and U.A.E, covering almost 100% of the export volume from Thailand.