The Secretary-General of the Council of State has said that terminating the 2001 Thailand-Cambodia Memorandum of Understanding (MoU 44) is possible in principle, but would require a formal legal process and agreement between both countries. The comments come after Prime Minister Anutin Charnvirakul instructed officials to study the feasibility of cancelling the pact. Any move could have implications for bilateral negotiations and existing cooperation frameworks.

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Pakorn Nilprapunt said on Tuesday, February 17, 2026, that the prime minister had assigned the Foreign Ministry to examine whether the 2001 MoU with Cambodia could be terminated. He stressed that any cancellation would need to be assessed under international law and relevant agreements reached during previous bilateral meetings. While it can be done in principle, he said the process would depend on conditions attached to the agreement and must follow formal procedures.

The 2001 Thailand-Cambodia Memorandum of Understanding, commonly referred to as MoU 44, established a framework for negotiations between the two countries over overlapping maritime claims in the Gulf of Thailand. The agreement set out mechanisms for joint discussions and cooperation while deferring final boundary demarcation. It has served as a reference point for bilateral engagement on maritime issues for more than two decades.

Asked whether scrapping the MoU would require the two countries to negotiate a new set of rules, Pakorn said it would depend on what both sides agreed, including whether they would “start from scratch” and draft new ground rules. He suggested that detailed questions on the matter should be directed to the Foreign Ministry. Pakorn added that he is more familiar with Thai law than international law.

Separately, Pakorn was asked about concerns regarding ballot papers containing QR codes and whether this could lead to an election being annulled. He responded by asking whether a petition had already been filed with the court. If the matter is before the court, he said, the public should await the ruling and refrain from commenting outside the legal process, as differing interpretations would not be helpful.

The Nation reported that the Foreign Ministry is expected to review the legal and diplomatic implications of terminating MoU 44. Any decision would require careful consideration of international legal obligations and bilateral understandings. Further talks between Thailand and Cambodia would depend on the outcome of that assessment.

Cover picture courtesy of The Nation

Key Takeaways

• Terminating the 2001 Thailand-Cambodia MoU 44 is possible in principle but requires a formal legal process under international law.

• The Foreign Ministry has been tasked with studying whether cancellation can proceed and under what conditions.

• Any new framework would depend on whether both countries agree to start negotiations from scratch.

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Adapted by ASEAN Now Nation 18 Feb 2026

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Pols need enemies. Enemies galvanise the nation, etc., etc., As usual, no effort at diplomacy over a completely nonsense issue. If Thailand wants the Chinese on our doorstep, supporting Cambodia over us, this is a terrific start.

These people might be assuming that cancelling MoU 44 automatically strengthens Thailand’s hand. That may actually be a very risky assumption.

The MoU was not just symbolic; it effectively created a framework that restrained unilateral action in an overlapping maritime area while negotiations continued. If that framework is removed, you also remove one of the key political and diplomatic brakes on independent exploration.

From Cambodia’s perspective, cancellation might not be a loss at all. It could actually be an opportunity!

Once the framework is gone, Cambodia could argue that it is no longer bound by the spirit of joint restraint and is thus free to pursue resource development the disputed zone on its own terms, or with external partners from either China or Vietnam.

That's when it becomes far more complicated for Thailand, because it could shift from current bilateral negotiation framework into a potential commercial and geopolitical issue involving other countries.

So, while Thai officials say MoU 44 “can be terminated in principle” they need to be quite certain about what will replace it.