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In our previous article (link), we discussed the benefits for a company that has appropriate internal control measures. For the second article of the series, we will discuss the first fundamental element under the NACC’s guidelines, which is “the companies’ internal control measures should be strong, visible policies and supported by top-level management to prevent bribery.”

The MAPA Integrity Recognition (“Selo Mais Integridade”) was created on 12 December 2018 by MAPA Ordinance No. 2462 to recognize and reward agribusiness companies for their integrity practices — particularly in terms of social responsibility, sustainability and ethics — in addition to validating their efforts to mitigate fraud, bribery and corruption. For 2021, agribusiness companies and cooperatives seeking recognition for these practices and for their commitment to prevent fraud and corruption have until 21 June to register for the Selo Mais Integridade 2021 to 2022.

Under the Organic Act on Counter-Corruption, B.E. 2561 (2018), companies operating in Thailand must put in place “appropriate internal control measures” that comply with the National Anti-Corruption Commission’s (NACC) guidelines. Failure to do so carries a penalty of a fine from one to two times the value of the damage caused, or benefits gained, as a result of the violation.

This portion of the Reports outlined findings and recommendations pertinent to companies managing critical minerals supply chains, including cobalt, graphite, and lithium. First, the Reports conceded that, although onshoring more of the strategic and critical minerals production chain is in the United States’ strategic defensive and economic interests, this process will take years given the technical and manufacturing expertise required to support such a transition. In addition, the Reports discussed the risks posed by disruption and instability along the critical minerals production chain stemming from links with organized crime and human rights abuses.