New Comprehensive Guide to Conflict Minerals Reporting

Although the banter about the effectiveness of the conflict minerals rule (Dodd-Frank 1502) and the conflict minerals rule litigation continues, it does not change the fact that publicly traded US based companies are required to investigate their supply chain to determine if tin, tungsten, tantalum and or gold (3TG) originate from Democratic Republic Congo and its surrounding countries. On November 9, the U.S. Court of Appeals for the D.C. Circuit denied the SEC and Amnesty International petitions seeking rehearing en banc of the court’s Aug. 18, 2015 ruling that concludes describing products as having “not been found to be DRC conflict free” is compelled speech that violates the First Amendment.

While what companies are required to report to the SEC has been affected, the requirement to perform supply chain investigations has not. Schulte Roth and Zabel, on their website, concludes the court’s “decision does not modify the requirements of the Conflict Minerals Rule to conduct supply chain inquiries and to file a Form SD and a Conflict Minerals Report that contain the other disclosures contemplated by the Conflict Minerals Rule.”

Beyond SEC disclosure requirements, companies are also subject to NGO and stakeholder pressure to disclose information. As Kemet CEO, Per-Olof Loof, put it in a hearing, their customers pushed back against conflict minerals more so than the SEC and their legal obligation to reporting under Dodd-Frank 1502. In addition, NGO groups, like Responsible Sourcing Network, have released reports that rank companies on the level of transparency and company efforts to responsibly source minerals.

So, with just about six months until the filing deadline, preparation for Conflict Minerals Reporting is taking front seat for publicly traded companies and their upstream supply chain. Just released, a Comprehensive Guide to Conflict Minerals Reporting can help you or your customers comply with Dodd-Frank 1502 (Conflict Minerals Rule). The EBOOK will walk you through 2015 Best Practices for:

• Tracing Conflict Minerals

• Engaging Your Suppliers

• Verifying Your Smelters

• Preparing for An Audit

This just released EBOOK is available here.