Conflict Minerals Law

The Source for Legal Insights & Analysis on Conflict Minerals Compliance

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By: Squire Patton Boggs

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Andrew J. Renacci
Christina Economides
Dynda A. Thomas
Squire Patton Boggs

Latest from Conflict Minerals Law

We are pleased to announce the launch of our EU Conflict Minerals Regulation Flowchart, which promises to be a valuable tool for those charged with compliance with the EU conflict minerals regulation. In 2017, the EU adopted its conflict minerals regulation, which is intended to help businesses identify and address the risk that 3TGs (tin, tantalum, tungsten, and gold) in their products are linked to adverse impacts in conflict-affected or high-risk areas around…
While many companies are working to complete their due diligence and prepare conflict minerals disclosure for their SEC filings due May 31, others are considering whether they will be subject to the EU conflict minerals regulation when its due diligence and disclosure obligations take effect on 1 January 2021. When companies had to determine whether they were covered by the US rule, SEC reporting companies had to examine the rule closely, determine whether products they manufactured or contracted…
You’re no doubt working hard to complete your due diligence analysis and finalize your Form SD (and Conflict Minerals Report) as required by the US Conflict Minerals Rule.  But, around the corner is another conflict minerals regime that could impact your business — the EU Conflict Minerals Regulation.  The EU’s due diligence and disclosure obligations do not take effect until 2021, but if you are a Union importer, there are things you will want to…
The out-of-pocket costs of compliance with the SEC conflict minerals rule have been lower than those originally estimated by industry and by the SEC. But, it’s not because the original estimates were over-stated or inflated.  And, these lower than expected out-of-pocket costs don’t mean that business’ concerns about compliance were misplaced.  These lower costs have resulted mostly (but not completely) from tools and approaches developed by industry.…
Today, on June 8, 2017, the US House of Representatives passed the Financial CHOICE Act by a vote of 233 to 186.  The bill was sponsored by House Financial Services Committee Chairman Jeb Hensarling (R-Texas). The headline of the bill is that it would reverse much of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1502 of Dodd-Frank is the statutory authority for the SEC’s conflict minerals rule. Page 482 of the 589 page…
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 be wise to start thinking about how the regulation will impact them.  There are some significant consequences for importers…
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 file a conflict minerals report as an exhibit to its Form SD does not file that conflict minerals report. Filers have…
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 would counsel in favor of enforcing” the requirements that companies file a Conflict Minerals Report or (if required) provide an…
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 Regulation. As discussed in our blog post of March 20, 2017, the EU regulation applies to importers into…
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 before the regulation is published and goes into effect.  The proposed regulation includes many of the same basic provisions as…