Jenner & Block

Client Alert: Mine Control: The SEC Approves Final Rules on Disclosure of Conflict Minerals and Resource Extraction Payments

On August 22, 2012, the Securities and Exchange Commission issued final rules requiring (i) disclosure of whether products manufactured or contracted to be manufactured by public companies contain “conflict minerals” that originated in the Democratic Republic of the Congo or an adjoining country, and (ii) disclosure by resource extraction issuers of payments made to the U.S. federal or a foreign government for the purpose of the commercial development of oil, natural gas or minerals pursuant to Sections 1502 and 1504, respectively, of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

The authors lay out the three-step analysis that companies must conduct in order to determine whether, and the extent to which, disclosure is required under the new Rules on conflict minerals.