Status of ITSCI application for upstream recognition and support for smelter RMAP participation

December 18, 2023

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The purpose of this update is to share information with supply chain actors and stakeholders impacted by ITSCI’s RMI recognition status and responsible sourcing from the African Great Lakes Region. As the RMI continues to await ITSCI’s response to recognition terms sent to ITSCI in September, this and additional communications to smelters shares information to help facilities prepare for RMAP assessments in 2024 in case ITSCI does not meet or does not respond to RMI recognition terms by the end of this year. The status summary below is supplemented by a detailed memo and attachments.

The RMI understands the impacts of uncertainty in ITSCI recognition application outcomes, and we have acted repeatedly to mitigate these impacts by offering smelters extensions and transition periods over the past two years. We are very concerned about further delays in this process over the past six months and seek a clear conclusion to allow supply chain actors to make decisions for the coming year. However, since July, progress has been dependent on ITSCI’s decisions, actions, and timeline.

While the RMI has refrained from public comments about the recognition status out of respect for partners and process, we are aware of inaccurate characterizations of RMI actions and decisions from other parties and thus share this memo with all stakeholders.

In summary, the RMI highlights three main points regarding ITSCI recognition status:

1. The RMI commits to continued support for smelters impacted by ITSCI’s recognition status. If ITSCI does not respond to or meet recognition requirements, the RMI will offer specialized technical assistance to smelters using ITSCI for upstream sourcing in preparation for their 2024 RMAP assessments. The RMI has also updated and enhanced the RMI FAQ Upstream Due Diligence & Use of Upstream Mechanisms, and welcomes input from smelters on other types of guidance and support needed to align and adjust due diligence practices with OECD and RMAP standard requirements. More information on RMI technical assistance can be found in the linked, detailed memo, Attachment 1. To request technical assistance, please contact rmitechnicalassistance@responsiblebusiness.org.
2. The RMI shared full terms of recognition with ITSCI between July and September and made extensive efforts to seek a response; ITSCI has neither accepted nor rejected terms or given any timeline for response. For transparency, the recognition terms that the RMI sent to ITSCI are explained below and included in Attachment 2 in the detailed memo.
3. The RMI’s recognition terms are based on ITSCI alignment assessment results, the January 2023 RMI-ITSCI agreement, other OECD publications, and material and reputational risk-based factors.

In line with the RMI’s approach to recognition of upstream schemes, and in light of EC and OECD expectations, we define the scope and applicability of all recognized schemes in order to support smelters’ effective and responsible use of schemes. The RMI shared a template with ITSCI in July and published a template defining information needed on scope and applicability in September. To date, ITSCI has not agreed to provide complete information, although they separately created and published a version with partial information. In addition, due to fact that no site visits were conducted in DRC during ITSCI’s AA, we have asked ITSCI to agree to three additional site visits over the course of the next 12 months. The RMI considers site checks of schemes to be particularly important in light of further risks reported in North Kivu. To date, ITSCI has not agreed.

While the January document provided helpful clarifications on the recognition process, the RMI did not agree to and logically could not finalize recognition terms before reviewing the actual findings and scope of the ITSCI alignment assessment, published and shared with the RMI in June.

Additional details on the above three points can be found in Attachment 1, and the full recognition terms shared with ITSCI in September 2023 are in Attachment 2. Both can be found in the linked, detailed memo.

The RMI remains open to constructive engagement with ITSCI and other stakeholders to support due diligence of all supply chain actors and responsible sourcing from the African Great Lakes Region.

For more information:

• December 18, 2023 memo and attachments
• Version française du 18 décembre mémo et pièces jointes