Public Reporting (Annual Conflict Minerals Report)

Public reporting in conflict minerals refers to the obligation for companies to publicly disclose their conflict minerals due diligence activities, findings, and smelter data on an annual basis. For U.S. SEC registrants, this is accomplished through Form SD and the attached Conflict Minerals Report, both publicly filed with the SEC via EDGAR and posted on the company website. Under EU Regulation (EU) 2017/821, Article 9 requires Union importers to make their supply chain due diligence policies and practices publicly available on the internet on an annual basis.

Exchange Act Section 13(p); SEC Rule 13p-1; Regulation (EU) 2017/821, Article 9.

Public reporting is one of the key accountability mechanisms for conflict minerals. It allows NGOs, investors, customers, and regulators to assess whether a company’s due diligence is credible, complete, and improving over time. Best-practice public reports include: the due diligence framework used (OECD), complete smelter list with RMAP status, risk assessment methodology, engagement activities with non-conformant smelters, and year-over-year progress metrics. The EU annual report is not filed with a regulator but must be publicly available on the company website.

A publicly traded manufacturer posts its annual conflict minerals public report on its corporate sustainability website by May 31. The report includes: its conflict minerals supply chain policy, description of RCOI methodology, full list of 312 identified smelters with RMAP status for each, risk mitigation actions for 8 non-conformant smelters, and progress metrics showing RMAP conformant rate increased from 89% to 94% year-over-year.