Does the SEC require all SORs be listed in the conflict minerals report regardless if a SOR has been identified as conflict free?
No. The filer is not obligated to report the SORs used, the countries of origin and the efforts to determine the mines or locations of origin with the greatest possible specificity if the filer reasonably believes the 3TG are not from the DRC or adjoining countries, or are from the DRC or adjoining countries, but came from a SOR that was validated by CFSP or similar program as compliant.
It would be inconsistent to require filers to report this information for conflict-free minerals that are constituents of products that are not found to be “DRC conflict-free” or “DRC conflict undeterminable.” Furthermore, this kind of sourcing information of customers immediately adjacent to SORs would be considered business confidential for competitive purpose
In determining whether or not to identify SORs of “DRC conflict-free” minerals contained in products that are “DRC conflict undeterminable” or not found to be “DRC conflict-free,” the filer should consider the risk that associating a SOR that is “DRC conflict-free” may lead to confusion and potential reputational damage to those SORs/facilities.
If the filer chooses to report all of the SORs that process 3TG in such products, it is recommended that they clearly delineate between SORs that contribute to the conclusion that a product or product category is “DRC conflict undeterminable” or “not found to be DRC conflict-free” and SORs that have been determined to be “DRC conflict-free” according to the CFSP or a similar independent third party audit program.