Conflict Minerals Information for Retailers

For several years, there has been increasing concern about human rights and environmental abuses in the mining industry in the Congo and other parts of Africa, where warlords engage in human rights violations and use mining proceeds to fuel regional conflicts.

On July 21, 2010, President Obama signed into law legislation requiring manufacturers to disclose to the Securities and Exchange Commission (SEC) if the minerals columbite-tantalite, casserite, wolframite, or gold from the Democratic Republic of Congo (DRC) or neighboring countries are necessary to the functionality of their products.  In addition to gold, which is used in jewelry, the metals produced from these ores include coltan, tin and tungsten, all of which are found in consumer products, particularly consumer electronics.

The SEC issued its final rules on August 22, 2012, which cover publicly-traded companies, including retailers who sell private-label merchandise that contains the covered metals.  Under those rules, the first reporting year began on January 1, 2013, with the deadline of May 31, 2014, to file reports to the SEC for the 2013 reporting year.  Companies will have two years, during which they may report the origin of minerals in their SEC reports as “indeterminable” and not be required to undertake an audit, provided they have done the proper due diligence in their supply chains to ascertain origin.  It is unlikely that a complete compliance infrastructure, including a smelter certification system, will be in place by 2015, all of which is essential for companies to track minerals and metals through their supply chains.

Conflict Minerals - Retail Industry Policy Statement

Conflict Minerals - OECD Due Diligence Framework 4 Supply Chains

Conflict Minerals - OECD Due Diligence Framework 4 Supply Chains (Gold)

Conflict Minerals - NRF Member Survey Results October 2012

Conflict Minerals - Company Compliance Policy Statement (Template)

Conflict Minerals - Retail Vendor Compliance Letter (Template)

Conflict Minerals - Retail Vendor Reporting Survey (Template)

Conflict Minerals - SEC Final Rules Fed Reg September 2012