Tag Archives: Congo

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

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

The New EU Conflict Minerals Regulation — Is It Something To Be Thankful For?

Since the US Presidential Election 2 weeks ago, some have been looking forward to a possible repeal of the US conflict minerals rule by a newly-elected Trump Administration. But, the completion of the negotiations on the new EU conflict minerals regulation makes it clear that companies should not slow their due diligence efforts on 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

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 Rule Case To Be Reheard

We’ve been waiting for months.  And now, the Court of Appeals for the District of Columbia has granted the SEC’s petition for rehearing of the court’s April 2014 decision that found that certain disclosure requirements of the conflict minerals rule violated the First Amendment.  The parties have been ordered to file supplemental briefs to discuss: The effect of … Continue Reading

Additional Guidance via FAQs from the SEC

For months, many have been pressing for additional guidance from the SEC on the conflict minerals rule.  Finally, on May 30, 2013, the SEC staff provided a bit of that guidance.  The FAQs cover some of the questions that have been raised almost continuously since the rule was issued last August.   But, the guidance is limited to only 12 questions and, for the … Continue Reading

Challenging the Conflict Minerals Rule — A Review of the Docket – NAM v SEC Decision to be Delayed

On April 29th, the Court of Appeals for the D.C. Circuit canceled oral arguments scheduled in the National Association of Manufacturer’s (NAM) challenge to the conflict minerals rule. Following the court’s dismissal of the American Petroleum Institute’s case challenging the resource extraction rule, NAM filed a motion on April 30th to transfer its conflict minerals case to district court. The case will be heard … Continue Reading

Challenging the Conflict Minerals Rule – A Review of the Docket – Petitioners’ Brief and Amicus Briefs

On October 22, 2012, the United States Chamber of Commerce and the National Association of Manufacturers (Petitioners) filed an Amended Petition for Review with the US Court of Appeals, District of Columbia Circuit.  The Petitioners requested that the new Conflict Minerals Rule be modified or set aside in whole or in part.  After the initial … Continue Reading
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