Conflict Mineral Compliance

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Event: 2014 Conflict Minerals Conference in Northeast Ohio

Squire Sanders is pleased to be a sponsor of the 2014 Conflict Minerals Conference on Wednesday, February 19 at Corporate College in Warrensville Heights, OH. Hear from the nation’s foremost experts on the topic of conflict minerals and learn how the Dodd-Frank legislation will impact your organization and the supply chain. This dynamic seminar, which … Continue Reading

European Commissioner Confirms EU Focus Only on 3TG – Proposal Now Expected by Late October

On Tuesday, September 17th, EU Commissioner for Trade, Karel De Gucht, spoke at a Public Hearing of the Committee on Development in Brussels. He spoke about the role of extractive industries in developing countries in promoting development through responsible business practices. In that speech, de Gucht confirmed that the EU approach to conflict minerals is … Continue Reading

SEC’s Guidance on Conflict Minerals — Not Just the FAQs

In the last two weeks, there have been more than a few articles and law firm memos written on the SEC’s FAQs relating to the Conflict Minerals Rule. Many of the articles and memos recite the FAQs. Others provide a brief discussion of them. Most are calling the FAQs the only guidance from the SEC since the Release last August. But, a … 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 — Activity in the District Court

Here’s an update on the state of play in the legal challenge to the conflict minerals rule: On May 2, 2013, the US Court of Appeals granted the petitioners’ motion to transfer the case challenging the conflict minerals rule to the US District Court for the District of Columbia. On May 6, 2013, the District … Continue Reading

Unintended Consequences of the Conflict Minerals Rule?

There can hardly be any disagreement with the stated goal of the SEC’s Conflict Minerals Rule.  Congress directed the SEC to enact rules requiring disclosure about the use of conflict minerals because it believed that the exploitation and trade of conflict minerals from the DRC were helping to finance armed conflict there — conflict characterized … Continue Reading

Conflict Minerals: Public Utilities, Energy and Power Companies Should Consider This

The Conflict Minerals Rule (Rule) requires SEC reporting companies to undertake diligence and then report their use of certain minerals. The Rule applies to all SEC reporting companies that manufacture or contract to manufacture products containing any of the four “conflict minerals” – gold, tantalum, tin and tungsten.  Conflict minerals are found in countless electronic and … Continue Reading

It’s January 31, 2013 – Will the “Outside the Supply Chain” Exemption from the Conflict Minerals Rule Make Any Difference to You?

Any conflict minerals that were “outside the supply chain” before today are exempt from the conflict minerals rule. Under the conflict minerals rule, conflict minerals are “outside the supply chain” only in the following instances: after any columbite-tantalite, cassiterite, and wolframite minerals have been smelted; after gold has been fully refined; or after any conflict … Continue Reading

Conflict Minerals – MetalMiner’s Guide to Manufacturers

MetalMiner recently published a white paper that offers some practical insights to manufacturers, especially about the materials and metals themselves. The white paper is titled The Definitive Guide to Conflict Minerals Compliance for Manufacturers and will be of particular interest to procurement officers, engineering and R&D groups that may be part of your conflict minerals compliance … Continue Reading

Challenging the Conflict Minerals Rule — Action on the Docket (January 16, 2013)

As contemplated by the briefing schedule, on January 16, 2013, the Petitioners filed their Opening Brief in their bid for a review of the SEC’s conflict minerals rule.  In their 198-page brief, the Petitioners (Business Roundtable, US Chamber of Commerce, and the National Association of Manufacturers) addressed each of the grounds for review that they … Continue Reading

Not a Loophole — Reaction to the Forbes article

In our Weekly Recap #6, we called your attention to a conflict minerals article in Forbes Magazine that described what it called a “loophole” in the Conflict Minerals Rule. After the article was published, the author engaged in a long online discussion about his perhaps wishful, perhaps misguided conclusions. While the author might have been advocating a position that he would like to take, it is clear … Continue Reading

Popular Conflict Minerals Reference Materials and Tools

Even before our blog was introduced last week, clients and friends were using reference materials and resources we posted or developed since the Conflict Minerals Rule was issued in August of 2012. Here are several of the most widely used reference materials and resources. We are making them available so that you can use them as you develop your own policies and procedures: A … Continue Reading

2013 and the Conflict Minerals Rule: What Reporting Companies Should Know for the New Year

January 1, 2013 marks the start date for compliance with the conflict minerals rule. If they haven’t already done so, reporting companies should begin identifying which products they “manufacture” or “contract to manufacture” and which of them contain necessary conflict minerals. The Securities and Exchange Commission (SEC) has already said that it will not delay the effectiveness … Continue Reading

A Preview of the Conflict Minerals Rule “Shaming Punishment”

Nintendo Co., Ltd. (“Nintendo”) gets the message. After several thousand petitions and a threatened protest of its latest video game console release press briefing, Nintendo has taken steps to reduce the use of conflict minerals in its latest consoles. Companies taking a wait-and-see approach to conflict minerals compliance might take a cue from Nintendo. On … Continue Reading

TheCorporateCounsel.net Provides Its Survey Results on Preparing to Comply with the SEC’s New Conflict Minerals Rule

TheCorporateCounsel.net asked companies a few questions to determine how far along they are in the process of complying with the SEC’s new conflict minerals rule. Questions included: Who is responsible for conflict minerals compliance? Do you currently expect that you will be required to file a Form SD? If you manufacture or contract to manufacture … Continue Reading

New Squire Sanders SEC Conflict Minerals Interactive Flowchart

Squire Sanders has developed an interactive tool to help reporting companies work through the SEC’s conflict minerals rule. In its Release, the SEC provided a flowchart that was intended as an overall guide to compliance with the rule. Squire Sanders developed an extensive annotation of the flowchart and the key terms of the rule, and … Continue Reading

Conflict Minerals Disclosure – SEC Publishes its Small Entity Compliance Guide

On August 22, 2012, the SEC promulgated the long-awaited Conflict Minerals Rule. The Conflict Minerals Rule requires any reporting company having conflict minerals that are necessary to the functionality or production of a product manufactured or contracted to be manufactured by that reporting company to file a report with the SEC on Form SD, disclosing … Continue Reading
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