Tag Archives: conflict minerals

EU Conflict Minerals Regulation — Finally Published in the Official Journal!

At long last, the EU Conflict Minerals Regulation was published today in the Official Journal of the European Union.  The EU Conflict Minerals Regulation 2017 (as published) will enter into force 20 days after publication (June 8, 2017) and take effect 1 month after that (July 8, 2017). The effective date is January 2021, but companies would … Continue Reading

Conflict Minerals Rule — Will It Stay or Will It Go?

With only 19 days left before the SECs Form SD filing deadline, there is still a lot of talk about consequences of the SECs April 7, 2017 Statement (“April 2017 Statement”).  In that statement, the SEC staff indicated that it would not recommend enforcement action to the Commission if a company that is otherwise required to … Continue Reading

Conflict Minerals Report No Longer Required? Wait — Not So Fast

Those hoping for updated SEC guidance that would relieve or reduce companies’ conflict minerals diligence and disclosure obligations for calendar year 2016 got only a fraction of what they wanted. Last Friday, April 7, 2017, the SECs Acting Chair Michael Piwowar issued a statement that said “it is difficult to conceive of a circumstance that … Continue Reading

Final EU Conflict Minerals Regulation – Only the Publication Step Remains

Today, April 3, 2017, the European Council took the last procedural step and approved the EU conflict minerals regulation. Publication in the Official Journal of the European Union will be the next and final step of the process. The publication could occur in 3 to 6 weeks.  Here is the text of the official EU Conflict Minerals … Continue Reading

European Conflict Minerals Regulation — Details On What EU Importers Must Do

The proposed EU conflict minerals regulation has almost reached the last step before becoming an official EU regulation. On March 16, 2017, the European Parliament voted to approve the regulation, and the Council of the EU is expected to formally approve it in the weeks to come.  The Council’s vote will be the last step … Continue Reading

Conflict Minerals Rule Legal Challenge — Done and Done

“Hear ye, Hear ye.”  The parties to the legal challenge of the SECs conflict minerals rule have agreed that no further court proceedings are necessary and have requested that the US District Court enter a judgment in accordance with the decisions of the Court of Appeals — that is, that certain elements of the rule violated reporting entities’ First … Continue Reading

Executive Order on Conflict Minerals? Not Yet

You may have read that President Trump signed an executive order repealing or waiving the SEC conflict minerals rule.  Not true — at least not yet.  As of February 14th, no executive order relating to the conflict minerals rule had been signed.  But, a leaked draft of an executive order and rumors about a plan … Continue Reading

Piwowar’s Statement on SECs Conflict Minerals Rule – We Could Have Seen It Coming

In a move that has already been widely reported, on January 31, 2017, the SEC’s Acting Chairman Michael Piwowar issued a statement on the SECs conflict minerals rule, in which he directed the SEC staff to “consider whether the [April] 2014 guidance is still appropriate and whether any additional relief is appropriate in the interim.” … Continue Reading

EU Conflict Minerals Regulation – Where do things stand?

Almost two months after the negotiations of the EU conflict minerals regulation were concluded, there has been some movement towards the end of the European legislative cycle. On January 24, 2017, the European Parliament’s International Trade Committee approved the text of the conflict minerals regulation submitted following the three-way trilogue negotiations that were completed on … Continue Reading

Conflict Minerals in 2017 – What’s New?

It’s January 2017, and some believe it will be the last year for the SECs conflict minerals rule. Political and Legislative Environment President Trump’s inclination to roll back regulation reduces or even eliminates the likelihood of a Presidential veto of any Congressional action to repeal Section 1502 of the Dodd-Frank Act and the SECs conflict minerals … Continue Reading

Budgeting for Conflict Minerals Compliance: Apps and Platforms — Is That All I Need?

As we approach the end of conflict minerals compliance year 4 (with 3 years of reports behind us), companies are budgeting for how they will address conflict minerals in 2017.  Since the SEC rule took effect, supply chain professionals and in-house lawyers have found that compliance is complicated, time-consuming, and still changing because of the … Continue Reading

SEC Conflict Minerals Rule Legal Challenge is Over – But Not For Good

What Just Happened? April 7, 2016 was the deadline for filing a petition for writ of certiorari to the US Supreme Court seeking a review of the court of appeals’ decision on the conflict minerals rule.   The SEC did not file the petition, and Amnesty International (the intervenor in the case) did not make the … Continue Reading

EU Conflict Minerals Regulation — What’s Going On?

Many of you are asking what is happening with the EU conflict minerals regulation, what is the likely timing for adopting the regulation, and what should you do now to prepare. Process — The development of the EU conflict minerals regulation has now entered the final negotiation phase. This phase, known as the “trialogue negotiations,” involves informal meetings between the … Continue Reading

Cobalt and Conflict Minerals — 3TG and C?

Companies and industry groups have been working for over 3 years on investigation and due diligence processes to determine the source and chain of custody of the tin, tantalum, tungsten and gold (3TG) in their products.   But, there could now be pressure to add to the list of conflict minerals.  Compliance Week raised this question last week in … Continue Reading

Conflict Minerals — For European Companies That Haven’t Started The Process, Here’s How To Build Your Compliance Program

When the US Securities and Exchange Commission’s conflict minerals rule was issued in 2012, US reporting companies (and their suppliers) developed and implemented conflict minerals compliance programs. Companies have continued to enhance and beef up their programs since then. Now, companies should be supplementing their compliance programs to be ready to address the requirements of … Continue Reading

EU Conflict Minerals Regulation Not Expected Until Mid-2016 – At the Earliest

We have been watching the EU process for some time, eager to determine when the EU conflict minerals regulation will finally be adopted. A source familiar with the EU Council proceedings has told us about the Council’s next steps, which will determine when the final consensus of the regulation can be expected. The Council of the EU is currently developing its … Continue Reading

Event – Breakfast Briefing: Conflict Minerals 2.0 – The Second Wave of Compliance

Note: The following event is to take place on November 3, 2015 at 8:30 A.M. EDT at Squire Patton Boggs (US) LLP, 4900 Key Tower, 127 Public Square, Cleveland, OH 44114 and will not be broadcasted via webinar (i.e., this event must be attended in-person).   Companies have been living with the SEC’s conflict minerals … Continue Reading

SPIE: Conflict Minerals Reporting Challenges U.S. Companies and Their Suppliers

SPIE, the international society for optics and photonics, featured our very own Dynda Thomas, founder and leader of Squire Patton Boggs (US) LLP’s conflict minerals team, in a video presentation titled Conflict Minerals Reporting Challenges U.S. Companies and Their Suppliers. Dynda provides background on the conflict minerals rule, discusses the application of the rule, and describes … Continue Reading

EU’s Proposed Regulation on Conflict Minerals – Part II

Editors Note: A prior version of this blog post incorrectly attributed the sentence in bold below. We sincerely apologize for any confusion this may have caused. This version has now been corrected.  Views on the Draft Regulation The draft EU conflict minerals regulation is a voluntary system of certification, which covers imports of the minerals … Continue Reading

EU’s Proposed Regulation on Conflict Minerals – Part I

The European Union (EU) is considering legislation that would regulate the importation of conflict minerals into the EU. The European Commission announced its proposed regulation on March 5, 2014. The draft regulation contains proposals for a voluntary self-certification process for importers of conflict minerals (tin, tantalum, and tungsten and gold) into the EU from anywhere … Continue Reading

Conflict Minerals Rule – Complying With The Rule In The Meantime

Companies are unsure of how to prepare for the year 2 filings while the legal challenge is still pending and there is uncertainty about exactly what the reporting requirements will be when the filing deadline finally arrives. Legal Challenge to the Conflict Minerals Rule In the last few posts, we’ve discussed the legal challenge to the conflict … Continue Reading

Rehearing of NAM v. SEC — Part 3 (Brief of NAM)

As required by the November 18, 2014 order, NAM filed its Supplemental Brief on December 29, 2014, arguing that the April 2014 decision by the Court of Appeals should be upheld and that the product description required by the conflict minerals rule violates the First Amendment.  Brief of NAM NAM argues that the product description required … Continue Reading

Rehearing of NAM v. SEC — Part 2 (Briefs of SEC, Amnesty International, Global Witness and Free Speech for People)

As required by the November 18, 2014 order, the parties in NAM v. SEC filed briefs responding to questions about the First Amendment issue that were posed by the Court of Appeals.  This post summarizes the briefs filed by the parties that want the product description requirements of the conflict minerals rule to be upheld.  … Continue Reading
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