Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2

13 September 2012

Dear Sirs,

Commercial Information Circular No. 742/2012

US : Final Rule on Disclosing Use of Conflict Minerals

The US Securities and Exchange Commission (SEC) published in the Federal Register (FR) of 12 September 2012 a final rule relating to the use of conflict minerals. The FR notice is available at: http://www.gpo.gov/fdsys/pkg/FR-2012-09-12/pdf/2012-21153.pdf.

DETAILS

2. The SEC is adopting a final rule mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act to require companies to publicly disclose their use of conflict minerals that originated in the Democratic Republic of Congo or an adjoining country.

3. The final rule requires a company to provide the disclosure on a new form to be filed with the SEC. It applies to a company that uses minerals including tantalum, tin, gold or tungsten if (a) the company files reports with the SEC under the Exchange Act and (b) the minerals are "necessary to the functionality or production" of a product manufactured or contracted to be manufactured by the company. Companies have to file their first disclosure report on 31 May 2014 (for the 2013 calendar year) and annually on 31 May every year thereafter.

4. For details of the final rule, including its coverage and the disclosure requirements, please refer to the above-mentioned FR notice and the SEC's fact sheet (http://www.sec.gov/news/press/2012/2012-163.htm).

ENQUIRIES

5. For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,

(Miss Cindy LAU)
for Director-General of Trade and Industry

Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.