The EU Critical Raw Materials Act and Corporate Accountability in ASEAN Critical Minerals Value Chains

Resumen

This article examines whether the European Union Critical Raw Materials Act (CRMA) strengthens corporate accountability in ASEAN critical minerals value chains or primarily externalises compliance costs to local suppliers. Using doctrinal and comparative legal analysis, it reads the CRMA alongside EU sustainability instruments and selected ASEAN legal frameworks on mining governance, environmental protection, transparency and traceability. The article argues that the CRMA does not directly harmonise ASEAN law. Its extraterritoriality is indirect: EU market access, Strategic Project recognition, recycled-content disclosure and product-level traceability translate EU standards into contractual and regulatory pressure on ASEAN suppliers. These effects can improve accountability only where domestic institutions are able to verify data, enforce environmental safeguards and protect affected communities; otherwise, they may exclude smaller suppliers or shift compliance burdens down the chain. The article’s originality lies in treating CRMA criticality and traceability rules as accountability mechanisms, rather than merely as supply-security tools. It concludes that ASEAN should develop regional criticality criteria, mine-site and product-level traceability capacity, and mandatory environmental due diligence duties supported by cooperative EU-ASEAN strategic mineral partnerships.