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HEADLINES [click on headline to view story]:
Deutsche Post World Net to increase stake and to take majority in DHL International

Nike Group Site Visit to Hemaraj

Foreign Business Act of 1999 - Introduction

Ayudhya CMG’s Australian joint owner, Commonwealth Bank Group, posts strong profit in fiscal 2000

Foreign investment opportunities

Deutsche Post World Net to increase stake and to take majority in DHL International

Strategic reinforcement prior to Deutsche Post Group’s IPO

Deutsche Post (DPWN) and DHL International recently announced that DPWN is poised to increase its stake in the express service provider DHL International to 51 percent in January 2001. The Chairmen of both companies, Dr. Klaus Zumwinkel (DPWN) and Patrick Lupo (DHL International) in Paris, together made the announcement.

This step will greatly strengthen the market position and growth prospects of the global logistics Group DPWN in the run-up to the company’s IPO in November.

Following the completion of the transaction, DPWN will hold a 51 percent stake in DHL International, the pioneer and market leader of the global air express industry. DHL has an international network linking more than 80,000 destinations serving 635,000 cities in 228 countries and employing over 64,000 people. DHL International, headquartered in Brussels, generated revenues of approximately 4.0 billion Euro in 1999.

The move will enable the two groups to offer complementary logistics and air-express services and gives customers easier access to the full capabilities of both companies.

Dr. Klaus Zumwinkel, Chairman of Deutsche Post World Net, underlined the importance of the transaction for the Group’s forthcoming IPO, “DHL founded the global express industry and is considered to be the gem of the entire industry. The services provided by DPWN and DHL complement each other and we will be able to provide our international customers with market leading services in the global express business in future. With DHL, the growth and earning prospects of Deutsche Post World Net will be considerably enhanced.”

DHL will continue to operate as an independent company under its globally recognized brand. The present management structure will be maintained. The DHL brand is very well established worldwide and will continue to be expanded. The previously announced plans to float part of DHL in 2002 are still on course.

Patrick Lupo, Executive Chairman DHL International said, “The step taken by DPWN is confirmation of our strong growth prospects. It will provide us with enhanced access to capital and enable us to further develop our infrastructure.

“There is a growing demand among our customer base for integrated logistic solutions. By broadening our respective service portfolios, both groups’ customers will benefit from easier access to an increased range of complementary services.”

The transaction is expected to close early in 2001, subject to Board and regulatory approvals.

This transaction, due to its scale and strategic importance, must be included accordingly in the Deutsche Post IPO prospectus. Consequently, the planned date for the IPO will be November 20.

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Nike Group Site Visit to Hemaraj

Ms. Cheryl Ford, country manufacturing operations director of Nike Thailand, led 20 guests from Nike Vietnam, Rama Shoe and the Pan Group to visit Hemaraj’s Eastern Seaboard Industrial Estate (Rayong). The group received a warm welcome from Khun Parisada Tongviseskul, Hemaraj’s marketing manager.

The group visited and took plant tours around Copeland - Emerson Thailand, TRW Steering & Suspension Co., Ltd., Dana Spicer (Thailand) Co., Ltd. and Ampacet (Thailand) Co., Ltd. The purpose of the visit was to observe the manufacturing process and manufacturing facilities outside of their footwear and apparel industry.

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Foreign Business Act of 1999 - Introduction

Courtesy of eThailand.com

On March 3, 2000, the Thai Foreign Business Act of 1999 (“FBA”) took effect. The FBA replaced the Alien Business Law of 1972 (also known as N.E.C. Announcement No. 281).

The FBA governs the conduct of business by foreigners in Thailand. It prohibits foreigners and foreign owned enterprises from certain business activities in Thailand, and sets forth under what conditions a foreigner or foreign enterprise can conduct other business activities in Thailand.

The structure of the FBA is similar to that of N.E.C. Announcement No. 281. The FBA includes three lists of business activities. The first list contains activities that are completely prohibited to foreigners “for special reasons”. The second list contains activities that are deemed to affect Thailand’s national security, culture, natural resources or environment.

Foreigners will be allowed to engage in activities on List Two only with the permission of the Thai Cabinet. The third list contains activities that are deemed to be areas in which Thai businesses are not yet ready to compete with foreigners. These activities will be permitted to foreigners only with the approval of the Director-General of the Commercial Registration Department.

A foreigner will be permitted to engage in activities that do not appear on the lists, subject only to a minimum capital requirement of 2 million baht.

The business activities included in the lists under the FBA are different from, and less sweeping, than those included in the three annexes under the prior law.

Under the FBA, more business activities will be permitted without the need for a special license.

Another significant difference between the FBA and the prior law is that the FBA clearly contemplates the Director-General of the Commercial Registration Department granting Foreign Business Licenses to foreigners so that they can, subject to conditions, perform activities contained in List Three.

In practice under N.E.C. Announcement No. 281, Alien Business Licenses were generally only granted to foreigners to the extent necessary to allow the foreigner to carry out work under contract with the Thai government.

Finally, “Representative Offices”, which were specifically authorized under N.E.C. Announcement No. 281 are not provided for under the FBA.

The Commercial Registration Department no longer grants new licenses for Representative Offices, although an office currently operating can continue to do so until its license expires.

Exactly how permissive the Director-General of the Commercial Registration Department will be under the FBA remains to be seen.

As of September 14, 2000, regulations required in order to implement the FBA had not yet been issued. Time will tell whether this delay signifies a general reluctance to administer the law’s provisions, or simply is the result of inevitable delays in the issuance of government regulations.

A foreigner contemplating establishing a business in Thailand should note that the Foreign Business Law is not the only Thai law affecting a foreigner’s right to engage in business in Thailand. Many other laws establish restrictions on foreign ownership, including, for example, laws on banking, insurance, telecommunications and employment agencies. Those laws are not affected by the FBA.

Next time: The scope of the FBA

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Ayudhya CMG’s Australian joint owner, Commonwealth Bank Group, posts strong profit in fiscal 2000

Ayudhya CMG’s Australia-based joint owner, Commonwealth Bank Group, has announced a net operating profit after tax of A$1,713 billion (40.83 billion baht) for the year ended June 30, 2000. Directors declared a final dividend of 72 cents a share, fully franked.

Commonwealth Bank Group managing director and CEO, David Murray said the result showed that more people were doing more business with the Group, despite a further fall in margins. Commonwealth Bank is undergoing a merger with Colonial, the near-former owner of CMG Asia, which alongside Ayudhya Group operates Ayudhya CMG.

The result incorporates a minor profit contribution from Colonial from June 13 to 30, 2000. Consequent upon the merger with Colonial, the life and funds management business of both groups have been valued, resulting in a one-off revaluation adjustment of the Group’s life and funds management businesses of A$987 million, net of restructuring charges.

Murray said, “This result shows our intention to become a more diversified financial services group. The merger with Colonial, proceeding as expected, complements this strategy.”

Reflecting continuing strength in the Australian economy, total lending assets rose 11% but continuing margin compression limited net-interest earnings growth to 5%. Income from financial markets trading, life insurance and funds management grew strongly. Retail transaction fees remained at 4% of total operating income.

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Foreign investment opportunities

Courtesy of eThailand.com

Since 1997, Thailand has increased its efforts to attract foreign direct investment, although many sectoral and ownership limits remain.

Foreigners can own 100 percent of banks, manufacturing enterprises and large scale retail outlets, but restrictions remain in agriculture, mining and many services sectors. Restrictions on foreigners owning land also have been eased.

In 1998 and 1999, as the foreign investment regime became more liberal, new foreign direct investment reached around US$12 billion, more than the previous five years’ total.

Because of the crisis, many Thai companies are seeking foreign partners to raise capital and improve their competitiveness through new technology, management and marketing skills.

As corporate structuring progresses in 2000 and 2001, opportunities for foreign investors to purchase non-core assets should increase.

However, in 1998 and 1999, a hostile Senate thwarted the Government’s attempts to liberalise the alien business law; consequently, the new law is only marginally less restrictive than the old one.

In mid 2000, an anticipated new investment incentive system was expected to reduce incentives to prosperous provinces closer to Bangkok and redistribute them to poorer provinces, but these reforms are now in doubt.

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