CONFLICT MINERALS REPORTING – SECOND ROUND OF Q&A’s RELEASED Reply

On May 31, companies who report to the Securities and Exchange Commission (SEC) and manufacture products containing conflict minerals will need to submit their disclosures for 2013 to the SEC. With the deadline looming and this being the first reporting year, the SEC issued a second set of conflict minerals Q&A’s last week.

The link to the Q&A’s is located here.
http://www.sec.gov/divisions/corpfin/guidance/conflictminerals-faq.htm

There are 21 Q&A’s in the new document. The newly issued Q&A’s provide:

• further clarification on applicability of the reporting
• the extent to which organizations must investigate and disclose information
• clarification of terms and definitions
• further information on the necessary content of the reporting, audit
qualifications, and requirements and
• clarification of “due diligence”

In August 2012, the SEC issued a final rule on Section 1502 of the 2010 U.S. Dodd-Frank Wall Street Reform Act stating that publically-traded companies in the United States must evaluate and disclose their usage of conflict minerals (tin, tantalum, gold, and tungsten) throughout their manufacturing supply chain, track quantities purchased, and report on the origin of these products.

Companies who are not publically-traded are also affected as they need to address these requirements in order to maintain market-share with their customers who are publically traded. They must also be prepared to respond to customer requests regarding conflict minerals usage.

Some companies have been delaying action, anticipating successful attempts by a group of Original Equipment Manufacturers (OEMs) to repeal all or a portion of the law. Although some progress is being made, nonetheless, most companies still face customer supply chain inquiries and also need to be prepared to respond to meet initial regulatory deadlines.

Many companies are either using or considering using the International Electrotechnical Commission Quality Assessment System for Electronic Components (IEQC) QC 080000:2012 “Hazardous Substance Process Management System” (HSPM) standard to facilitate incorporating conflict minerals management into existing environmental and quality management systems.

For those companies affected by the Conflict Minerals regulations, the deadline to file a form SD with the SEC is just weeks away. If you require help with your reporting or need further assistance with developing and implementing systems to management conflict minerals and other product related reporting requirements, please contact Julie Muszalski at 508.970.0033 ext.124 or jmuszalski@capaccio.com.

Upcoming CAPACCIO webinar: SEC’s Conflict Minerals Ruling: Ensuring Compliance and Meeting Customer Demands Reply

Join CAPACCIO for a complimentary webinar on April 3

SEC’s Conflict Minerals Ruling: Ensuring Compliance and Meeting Customer Demands

Space is limited.
Reserve your Webinar seat now at:
https://www4.gotomeeting.com/register/498882871

The U.S. Securities and Exchange Commission (SEC) adopted a ruling mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act requiring publically-traded companies to disclose their use of conflict minerals originating from the Democratic Republic of the Congo (DRC) or an adjoining country. Conflict minerals include tantalum, tin, tungsten, and gold, and are largely found in electronic components. Regardless of whether the regulation directly applies to you, thousands of companies will be affected including those that are privately owned and those that are suppliers to publically-traded companies.

Tracing the use of conflict minerals and conducting due diligence to comply with the ruling is a substantial undertaking requiring time, resources, and expertise. Having a plan and systems in place to track and report 2013 activity to the SEC on May 31, 2014 regarding the source and chain of custody of conflict minerals will be crucial.

This webinar will provide an overview of the requirements and identify systems and solutions for streamlining the reporting process. Additionally, the discussion will offer effective approaches to incorporating conflict minerals reporting into sustainability management systems to help your organization achieve a competitive advantage and improve transparency.

Title: SEC’s Conflict Minerals Ruling: Ensuring Compliance and Meeting Customer Demands
Date: Wednesday, April 3, 2013
Time: 12:00 PM – 1:00 PM EDT
Presented by: Julie Muszalski, Sustainability Professional, CAPACCIO
Moderated by: Dan Forsythe, Senior Associate and Practice Area Leader for the Electronics and Semiconductor Industry, CAPACCIO

For more information on conflict minerals reporting, please contact Julie Muszalski at 508-970-0033 x124 or jmuszalski@capaccio.com.

CAPACCIO to present “SEC Conflict Minerals Ruling: Ensuring Compliance and Meeting Customer Demands” at SESHA National ESH Symposium In March Reply

Capaccio Environmental Engineering Inc. (CAPACCIO) will present “SEC Conflict Minerals Ruling: Ensuring Compliance and Meeting Customer Demands” at this year’s Semiconductor Environmental Safety and Health Association (SESHA) ESH Symposium and Exhibition March 18-22 in Long Beach, California. SESHA is the premier international organization which promotes the effective communication of safety, health and environmental information on cutting edge high technology ESH topics to the electronics and related high technology industries.

In August 2012, the SEC adopted a ruling mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act that requires publically-traded companies to disclose their use of conflict minerals originating from the Democratic Republic of the Congo (DRC) or an adjoining country. Conflict minerals, including tantalum, tin, tungsten, and gold, are largely found in electronic and semiconductor components. Conducting due diligence and tracing the use of conflict minerals to comply with the ruling will be a substantial undertaking requiring dedicated time, resources, and expertise.

CAPACCIO’s presentation will delve into an overview of the requirements for conflict minerals, how to be prepared to respond to customer surveys inquiring about your supply chain, and ways to identify systems and solutions for streamlining the reporting process. Additionally, effective approaches to incorporating conflict minerals reporting into a sustainability management system or corporate social responsibility program will also be discussed. Although the report to the U.S. Securities and Exchange Commission (SEC) is not due until May 31, 2014, having a plan in place regarding the source and chain of custody of conflict minerals will be of the upmost importance as data will need to be collected for the 2013 reporting year, beginning on January 1.

CAPACCIO has tracked this regulation from the very beginning and has developed a program to assist companies with the conflict minerals process and reporting. For those not attending the SESHA conference, CAPACCIO will be offering a free webinar covering this material in February of 2013. Stay tuned to your email or our website, http://www.capaccio.com, for more information. Subscribe to our EH&S Regulatory and Industrial News blog to receive immediate notification of this webinar and other important news items: http://news.capaccio.com.

For more information on conflict minerals, please contact Julie Muszalski at jmuszalski@capaccio.com or 508.970.0033 ext. 124.

Conflict Minerals: the 5 Ws Reply

As discussed in our recent blog, the U.S. Securities and Exchange Commission (SEC) recently passed a decision to mandate the public disclosure of conflict minerals usage. This blog offers readers some insight regarding the issues and definitions involving conflict minerals.  

WHAT is meant by “conflict mineral”? The most commonly known conflict mineral is the diamond. The “conflict” issues associated with diamonds was largely brought to light by the eyebrow raising film, Blood Diamond.  Additional conflict minerals of concern are tin, tantalum, tungsten, and gold. There is a common theme among this particular group of minerals – they are largely found in the circuits, wires, and components of electronics like cell phones, cameras, computers, video games, and lighting.

With the rising conflict in the Congo in 2009, those in support of U.S. action recommended a bill requiring companies to disclose the sourcing of conflict minerals.  In July of 2010, President Obama passed the Dodd-Frank Act, primarily as a means to address financial concerns in the country, but tacked on the conflict minerals bill as a miscellaneous provision.  After two long years of drafts, advocacy, and debate, the SEC mandated last week that companies must disclose if they use conflict minerals and are required to track their sourcing.

WHO: Conflict minerals disclosure affects both companies and consumers. Any company that uses conflict minerals “necessary to the functionality or production of a product” will be required to disclose sourcing information about the minerals in use. On the opposite side of the spectrum, consumers can practice responsible purchasing decisions by being educated about the products they use.  

WHERE:  A majority of the conflict minerals in question are located in the Democratic Republic of the Congo and bordering countries.

WHEN: Companies manufacturing products containing conflict minerals will have until May 31, 2014 to submit disclosures for 2013. That means on or before January 1, 2013, companies using conflict minerals will need to evaluate their supply chain for the presence of conflict minerals and begin tracking quantities of conflict minerals purchased.

WHY: Conflict minerals are found in mines that are controlled by armed groups. Once mined, the minerals are sold on the black market to purchase weapons and supplies. Therefore, purchasing a product containing these minerals funds violence and promotes human rights violations. This issue is important because companies that practice sustainability must demonstrate social responsibility and transparency by avoiding conflict minerals and disclosing sourcing information.

 Subscribe and receive an e-mail notification about our upcoming blogs focused on how conflict minerals affect consumers and companies.

Additional information: http://www.enoughproject.org