All posts by John P. Formichella

John P. Formichella is a U.S. trained attorney and a leading expert in the Technology, Media & Telecommunications sector. He has 21 years’ sophisticated technology transaction experience (5 in Taiwan, 16 in Thailand), covering technology development projects, complex licensing issues related to various aspects of networks and services, media and broadcasting, ecommerce issues, data privacy issues, infrastructure and business process outsourcings, systems integrations, ERP implementations, cloud computing and web hosting arrangements, data center and co-location agreements, and telecommunications procurements. John represents some of the largest software, telecommunications, and media companies in the U.S., Europe and Japan with regard to their affairs in Thailand and his practice areas include corporate, regulatory compliance, and commercial transactions related to TMT issues. John has also served as an advisor to local chambers of commerce and government bodies with regard to TMT matters, including the Office of the United States Trade Representative and United States Department of State in connection with international trade and telecommunications, and has provided testimony to members of the United States Senate on fact-finding missions in Thailand. John has practiced with the firm for the past 12 years. Prior to joining BRS, he was an attorney at Minter Ellison practicing out of the firm’s Bangkok offices in its Corporate practice group. Prior to joining Minter Ellison, he was Vice President/General Counsel of Holding Corporation (a NASDAQ-listed telecoms company based in Hong Kong). As General Counsel, John was responsible for legal affairs of the listed company and for seven subsidiaries across the Asia-Pacific and the United States. Prior to joining, he was an associate for East West International Law Offices in Taipei, Taiwan from 1996 to 1999. John graduated from the State University of New York (University of Buffalo) earning Bachelor of Arts and Master of Arts (Economics) degrees, and a Juris Doctorate. He also studied at the Chulalongkorn University Faculty of Law in Bangkok. John is admitted to practice law in Washington, D.C. and is a member of the District of Columbia Bar Association. He has served as Chairman of the Information & Communications Technology Committee at the American Chamber of Commerce in Thailand. John is a recommended lawyer and Tier 1 ranked TMT lawyer by publications such as Chambers & Partners and The Legal 500; and is the exclusive TMT counsel in Thailand for IR Global. Check out John’s blog here: Domestic Tel.: 02-022-1045 (Ms. Haruetai) International Tel.: +662-022-1045 Email:

Changes to the Thai Foreign Business Act with Certain Business Types Open to Foreign Operation

John P. Formichella Naytiwut Jamallsawat According to Thailand Foreign Business Act B.E. 2542 (FBA), there are 3 types of business activities that govern foreign participation in Thai commerce: List 1: Business Not Permitted to Foreigners List 2: Business Permitted to Foreigners under Conditions List 3: Business […]


Types of Telecommunications Business License in Thailand

The Telecommunications Business Act B.E. 2544 (2001) (“TBA”) provides that a person operating a telecommunications service in Thailand is required to obtain a license. “Telecommunications Service” is defined under the Act on the Organization to Assign Radio Frequency and to Regulate Broadcasting and Telecommunications Services B.E. […]