Criteria and Verification of the Qualifications of Persons Entering into Transactions with PTT
Persons entering into transactions with PTT must not have the following characteristics as prohibited by the Blacklist:
- Being a person who has been convicted by the National Anti-Corruption Commission (NACC), such a person shall no longer be considered to possess the prohibited characteristics described in this clause if they receive a final verdict of not guilty; or
- Being a person who is a party in any dispute or lawsuit against PTT that resulted in criminal penalties, excluding petty offenses.
The person in the first paragraph shall be released from the prohibited characteristics (Blacklist) in the following cases:
2.1 A case where PTT is a defendant and a final judgment has been reached;
2.2 A case where PTT is the injured party and a final judgment has been reached indicating that the person did not commit the offense as charged;
2.3 A case where PTT is the injured party and a final judgment has been reached indicating that the person did commit the offense as charged, but the person has already served their punishment, completed their parole period, or has been awaiting sentence for at least three years; and
2.4 A criminal case that has been resolved through the withdrawal of the complaint or lawsuit, or has been disposed from the directory.
In accordance with Clauses 2.1 to 2.4, if the counterparty is a juristic person, the directors of the limited company, partners with unlimited liability, or authorized directors of the public company limited, shall be subject to and exempt from the prohibited criteria (Blacklist) in the same manner as the juristic person.
In the case that Clause 2.3 applies and a final judgment is reached determining that the juristic person has committed an offense as charged, but it appears that the directors of the limited company, partners with unlimited liability, or authorized directors of the public company limited did not participate in the commission of the offense, and such directors or partners have resigned from the juristic person, then such directors or partners shall be released from the prohibited characteristics (Blacklist).
In the event that a final judgment imposes different period of punishment or parole on the juristic person, the directors of the limited company, partners with unlimited liability, or the authorized directors of the public company, the longest period of punishment or parole will be used to determine release from the prohibited characteristics.
- Being a person whose contract has been terminated by PTT due to committing the corrupted act against PTT;
- Being a person in the process of being ordered bankrupt by the court, or a person received a receivership order from the court in the context of a bankruptcy case, either temporarily or absolutely, and for which a final verdict has not been issued to resolve the case, cancel the bankruptcy, or discharge the bankruptcy, regardless of whether the court has approved a composition in bankruptcy for such person; and
- Being a person or juristic person who has been in the Thailand designated list announced by the Anti-Money Laundering Office under the law of Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing Act.
The verification and transparency compliance in transactions with third parties, as well as the risk management involved in entering into transactions, PTT shall use the reliable and widely accessible sources and in accordance with internationally recognized guidelines and standards that promote transparency and fairness. The specifics regarding the types of transactions, criteria, requirements, methods of verification, and risk management strategies involved in the transaction shall be set by PTT.
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