Conflict Minerals FAQ

1. What if I do not have any of the conflict minerals (tin, tantalum, tungsten and gold) in any of my products? Do I still have to go through this process?
2. Should I consolidate the Conflict Minerals Reporting Template (CMRT) from my suppliers manually or should I use a software solution?
3. Some of my suppliers are sending me their Conflict Minerals policy and one page declaration saying that they are conflict minerals free. Can I accept that and declare that my supply chain is free of Conflict Minerals?
4. Should I expect all my suppliers to declare that their supply chain is 100% Conflict Minerals free?
5. Some of the smelters from my suppliers’ CMRTs do not have the Conflict-Free Sourcing Initiative (CFSI) smelter identification. Does this mean, the CMRT report is not accurate and can I reject that report?
6. One of the CMRTs from my suppliers listed a smelter from North Korea. Does this violate Conflict Mineral law?
7. Which CMRT file should we use for 2015 Filings? Is it version 3.2 or version 4.1?

What if I do not have any of the conflict minerals (tin, tantalum, tungsten and gold) in any of my products? Do I still have to go through this process?

Yes, but it will be much easier to comply. You have to fill out a Conflict Minerals Reporting Template (CMRT) and answer “No” to questions 1 and 2. Then you can send the file to your customers. Customers may be confused why the CMRT is not filled out completely, so it’s best to proactively explain why only the first two questions are answered in the email.

Should I consolidate the Conflict Minerals Reporting Template (CMRT) from my suppliers manually or should I use a software solution?

It depends on how many suppliers are in your portfolio. Generally speaking, if you have more than 20 suppliers, it makes sense to consider a software solution. Using a software solution, brings three key benefits:

• Checks and verification of each CMRT file and flags you any concerns, such as smelters from covered countries that are not approved by the Conflict-Free Sourcing Initiative (CFSI)
• Improve efficiency. Consolidating number of files manually will be a cumbersome effort and the software solution makes it easier to consolidate.
• Easier to convert the data to the most recent CMRT version, as long as the software solution uses the template

Some of my suppliers are sending me their Conflict Minerals policy and one page declaration saying that they are conflict minerals free. Can I accept that and declare that my supply chain is free of Conflict Minerals?

No. You cannot accept a statement from your supplier saying that they are free from conflict minerals. They need to provide their due diligence information and supporting data in the form of a CMRT file to prove that their supply chain is free of conflict minerals. Without the supporting data, you might fail a customer audit or an independent audit they will ask for supporting documents from your suppliers.

Should I expect all my suppliers to declare that their supply chain is 100% Conflict Minerals free?

We can hope that all our suppliers are 100% conflict minerals free, but in practicality, it is not possible for all companies. For example in the 2014 filings, only a handful of companies declared with SEC that they are 100% conflict free. The SEC provided the following guidance in 2014. “No company is required to describe its products as ‘DRC conflict free,’ having ‘not been found to be ‘DRC conflict free,’ or ‘DRC conflict undeterminable’”. If a company voluntarily elects to describe any of its products as “DRC conflict free” in its Conflict Minerals Report, it would be permitted to do so provided it had obtained an independent private sector audit (IPSA) as required by the rule.” You can access the link to SEC ruling from April 29, 2014.

http://www.sec.gov/News/PublicStmt/Detail/PublicStmt/1370541681994#.U2ftbYFdUfN

Some of the smelters from my suppliers’ CMRTs do not have the Conflict-Free Sourcing Initiative (CFSI) smelter identification. Does this mean, the CMRT report is not accurate and can I reject that report?

The answer is no for the following reasons:

• CFSI just started auditing and qualifying smelters in the last couple of years. It will be a while before they audit every smelter and qualify it by giving it a CFSI identification with a CID number.
• If a smelter does not have a CID number, it does not mean that sourcing from that smelter violates Conflict Mineral law. As long as that smelter is not from one of the 10 covered countries, it is acceptable to use that smelter

In summary, if there are any smelters in your supplier CMRT file without a CFSI CID number, do not reject the CMRT.

One of the CMRTs from my suppliers listed a smelter from North Korea. Does this violate Conflict Mineral law?

The answer is no, it does not violate Conflict Minerals law. But doing business with North Korea, violates another trade sanctions law from the US Treasury department. Unless the supplier have special permits required from the US government, they are violating the US Trade sanctions law against North Korea. You should take the necessary steps to ensure that your organization is not at risk for doing business with a company that is violating US trade sanctions.

Which CMRT file should we use for 2015 Filings? Is it version 3.2 or version 4.1?

Since the data collection for 2014 is over, our suggestion is to use your current file for 2015 requests. Wait until December 2015, and then start your data collection for 2016 filings, using the most recent CMRT version at that time. If you are using a software then you have to wait until they update their template.