Companies will still need to file conflict minerals disclosures and reports by June 2. The U.S. Court of Appeals for the D.C. Circuit has denied an emergency motion by the National Association of Manufacturers, the U.S. Chamber of Commerce, and Business Roundtable to stay the conflict minerals rule.
By June 2 public companies are required to commence with their first filings to satisfy disclosure rules for the use of so-called conflict minerals (tantalum, tin, gold, and tungsten) in their products that may benefit violent militia groups in the Congo. In April, the U.S. Appeals Court for the District of Columbia Circuit found a requirement that companies reveal not just their supply chain due diligence, but whether or not their products are “conflict free” was a violation of free speech protections. That decision, which upheld the rest of the rule, settled a lawsuit brought against the SEC by the aforementioned business groups. As part of the decision, the case was remanded back to the district court for a more in-depth evaluation of constitutional issues.
