Regulatory Note

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Do your products contain conflict minerals? If so, then evaluation and mitigation of the business and legal risks of failing to comply with the US Conflict Minerals Law (USCML) must be given a high priority. In the U.S., conflict minerals usage and abuse is gaining visibility both in the press, with recent stories in the Wall Street Journal, and with enforcement agencies including the SEC and the FBI. When final compliance standards were defined by the SEC in the early 2011, fines and prosecutions for non-compliance began to rapidly rise.

Section 1502(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (signed into law by President Obama on July 21, 2010) establishes what has become known as the US Conflict Minerals Law, and mandates supply chain due diligence and public disclosure related to the source of minerals used in products. Fundamentally, the law contains two closely connected requirements: independent third party supply chain traceability audits, and reporting of audit information to the public and the Securities and Exchange Commission (SEC). However, even companies not directly regulated by the SEC will be directly impacted by the audit requirements.

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