Qualifying Process: For a Amity Treaty protected business entity to do business they must submit an application to the Ministry of Commerce for a Treaty Protection Letter. The entity's right to do business will not be recognized by other Thai government offices without such a letter, so obtaining one is therefore advisable.

To qualify for Amity Treaty status, an applicant must present documents proving that the natural person or most of the partners or shareholders of a company (or partnership) are American citizens. 

A copy of the applicant's passport should be sufficient evidence for natural persons and shareholders and or partners in either a company or partnership.

Evidence must be presented proving a company's incorporation in the US for a shareholder to be in the Thai business entity. Evidence must also be supplied proving that the majority of the shareholders and directors are American citizens. An affidavit may be given stating the number of shares owned by Americans if the shareholders are numerous. If shares are publicly traded then an estimate involving the number of shares owned by Americans may be given.

An affidavit which lists the names and nationalities of the directors may also be given by the company secretary. Documents such as this, as well as all other other documents concerning American companies and shareholders, must be notarized or certified. This must be done by a government official, and is then subject to authentication by a Thai Embassy or Consulate. Subsidiary companies must present evidence proving their relation to the parent company which would then be scrutinized by the same criteria as stated above.

American companies interested in doing business through a branch office are encouraged to apply for a Treaty Protection Letter and to submit evidence of their American nationality. Submission of documents to the Ministry of Commerce must also contain a letter from the Commercial Attache of the US Embassy in Bangkok. This letter must confirm that the applicants are American and entitled to protection under the Amity Treaty.