Composites manufacturers whose products become part of products sold by publicly traded companies will be asked by these customers to report the presence and origin of any “conflict minerals” in the composites products. The composites manufacturers will in turn have to survey their own supply chains.
Conflict mineral reporting is required by a Securities and Exchange Commission (SEC) rule enacted under the Dodd-Frank financial reform act. The purpose of the rule is to discourage the use of any tin, tungsten, tantalum or gold mined in the Democratic Republic of the Congo or adjoining areas, the financial proceeds of which fund continues armed conflict in this area.
The National Association of Manufactures and other groups filed a lawsuit in federal court, arguing the SEC failed to take into account the costs that companies would incur in trying to comply with the regulation, and saying it ignored its statutory obligations under the Administrative Procedure Act and the Exchange Act. They also argued that mandating public disclosure violated the free-speech rights of companies.
The U.S. district court ruled July 23 in NAM v. SEC, finding against the plaintiffs on all counts. Publicly traded companies will have to comply with the SEC ruling for the calendar year beginning January 2013, with the first reports due May 31, 2014. Many ACMA members and other composites manufacturers have already received conflict minerals surveys from their customers.
To read more what ACMA’s Government Affairs team had to say in response to the ruling, go to CM Online.
To read more about the outcome of the lawsuit challenge, go to CFO.com.
How will this conflict minerals rule affect you and your company? Discuss what this means for your future with other composites manufacturers in the September 26 conference call on conflict minerals reporting for composites manufacturers and suppliers, one of a series on this topic hosted by ACMA’s Government Affairs Committee. For more information about the conference call, email John Schweitzer. (ACMA members only!)
Becoming a member of ACMA allows you to enjoy exclusive perks such as the upcoming conflict minerals conference call. For more information on becoming a member, email ACMA Membership or call Paul Hirsh at 703-525-0511.