EX-1.01 2 d487557dex101.htm EX-1.01 EX-1.01

Exhibit 1.01

TSMC CONFLICT MINERALS REPORT

I. Preliminaries

Taiwan Semiconductor Manufacturing Company Limited (the “Company,” “TSMC,” “we,” “us” or “our”) is filing this Form SD pursuant to Rule 13p-1 under the Securities Exchange Act of 1934 for the reporting period January 1, 2022 to December 31, 2022 (the “Reporting Period”).

Rule 13p-1, through Form SD, requires the disclosure of certain information if a company manufactures or contracts to manufacture products for which certain “conflict minerals” (“Covered Minerals” as defined below) are necessary to the functionality or production of such products. Form SD defines “conflict minerals” as: (i)(a) columbite-tantalite (or coltan, the metal ore from which tantalum is extracted); (b) cassiterite (the metal ore from which tin is extracted); (c) gold; and (d) wolframite (the metal ore from which tungsten is extracted), or their derivatives, or (ii) any other mineral or its derivatives determined by the U.S. Secretary of State to be financing conflict in the Democratic Republic of the Congo or an adjoining country (collectively, the “Covered Countries”).

TSMC’s operations, including the operations of its consolidated subsidiaries, may at times manufacture, or contract to manufacture, products for which conflict minerals are necessary to the functionality or production of those products (collectively, the “Products”). For example, the Covered Minerals, particularly tantalum, tin and tungsten, are frequently used in our various product lines to varying degrees.

This Conflict Minerals Report describes: (i) the good faith reasonable country of origin inquiry (“RCOI”) regarding the conflict minerals included in the Products during the Reporting Period to determine whether any of such Covered Minerals originated in the Covered Countries and/or whether any of the Covered Minerals may be from recycled or scrap sources; (ii) the measures and framework used by us to exercise due diligence on the source and chain of custody of our Covered Minerals; and (iii) the determination as to the facilities used to process the Covered Minerals as well as their countries of origin. There is a significant overlap between our RCOI efforts and our due diligence measures performed as detailed herein.

II. Reasonable Country of Origin Inquiry

Form SD requires that an issuer’s reasonable country of origin inquiry (“RCOI”) must be conducted in good faith and reasonably designed to determine whether the issuer’s Covered Minerals originated in the Covered Countries, or came from recycled or scrap sources.

 

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Conflict-Free Policies

As a general matter, TSMC has designed and implemented three procedural cornerstones in support of compliance with conflict-free sourcing: (a) TSMC’s Ethics and Business Conduct Policy; (b) TSMC’s Supplier Management Program (including TSMC Statement on Responsible Sourcing of Minerals, Supplier Code of Conduct and Supplier Sustainability Standards, which are publicly available online at https://esg.tsmc.com/en/resources/documents.html); and (c) TSMC’s Green Procurement for Substance Control and Conflict Minerals C.I. (“Green Procurement Policy”). Our Ethics and Business Conduct Policy contains general ethical principles and guidelines that, among other matters, require us to follow all applicable laws, including those related to the sourcing of conflict minerals. As part of the duties of an ethical corporate citizen, our Supplier Management Program describes the requirements we place upon our suppliers, such as requiring them to comply with applicable labor laws and also to source Covered Minerals used in our products from conflict-free facilities and smelters. Our Green Procurement Policy requires us, as well as all of our relevant suppliers and contractors, to watch out for any “red flags” regarding the source of conflict minerals in our supply chain. Please see Exhibit III attached hereto for a description of such warning flags. Also, in addition to imposing requirements relating to hazardous substances materials sourcing, our Green Procurement Policy requires that any of our potential suppliers or contractors adhere to our Statement on Responsible Sourcing of Minerals. These documents serve as the basis for our strong internal corporate management system with respect to conflict-free sourcing. Secondly, TSMC adheres to the humanitarian and ethical principles contained in the Organisation for Economic Co-operation and Development Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High Risk Areas, including the related supplements on gold, tin, tantalum and tungsten (the “OECD Guidance”) to supplement its policies and procedures on conflict-free sourcing. We have adopted its due diligence framework and have designed our due diligence measures consistently with the OECD Guidance. Finally, as a full member of the Responsible Business Alliance (“RBA”, formerly the Electronic Industry Citizenship Coalition (“EICC”)), TSMC has adopted the RBA Code of Conduct which describes the RBA’s general principle on the responsible sourcing of minerals. We have incorporated these principles into our Supplier Code of Conduct to which our suppliers must agree to adhere. Even though no current law compels us to adopt the RBA Code of Conduct, we have nevertheless incorporated RBA Code of Conduct principles on conflict minerals sourcing as an additional safeguard in our conflict minerals regulatory compliance system.

Participation in Trade Association Conflict-Free Initiatives

In September 2015, TSMC was accepted by the RBA to become a full member. As an active participating member of the RBA, TSMC can lend its influence and resources to support and help sponsor industry-wide conflict-free initiatives like the Global e-Sustainability Initiative (“GeSI”) and the Responsible Minerals Initiative (“RMI”, formerly the Conflict-Free Sourcing Initiative)’s Responsible Minerals Assurance Process (“RMAP”, formerly the Conflict-Free Smelter Program).

Since 2011, TSMC’s Green Procurement Policy has required our suppliers and contractors to complete and regularly update the RMI Conflict Minerals Reporting Template (the “Dashboard”) developed by the EICC-GeSI as an industry standard method to collect sourcing information related to conflict minerals. In addition, the RMAP uses an independent third-party audit to certify the conflict-free status of participating smelters and refiners. Our Green Procurement Policy requires our suppliers and contractors to source from smelters or refineries validated under the RMAP. TSMC became a member of RMI in August 2016, and has been regularly attending RMI’s activities via conference calls to obtain updated information to facilitate the execution of our conflict minerals compliance program.

 

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TSMC is an influential member of the Taiwan Semiconductor Industry Association, which in turn is a member of the World Semiconductor Council (“WSC”) that promotes cooperative semiconductor industry activities to facilitate the healthy growth of the industry from a long-term, global perspective. The WSC unanimously adopted at its 17th high-level meeting in May 2013 a Conflict-Free Supply Chain Policy in order to support the global effort in creating a conflict-free supply chain on the sourcing of Covered Minerals from the Covered Countries. TSMC participates in the conflict minerals task force of the WSC, with the belief that creating a conflict-free supply chain in the Covered Minerals requires coordinated proactive steps taken on the international stage through NGOs like the WSC to harmonize the compliance measures of all relevant stakeholders within the global electronics industry.

RCOI Efforts

Because TSMC does not purchase the Covered Minerals directly from smelters, refiners or mines, TSMC relies on the smelter and refiner information provided by its direct first-tier suppliers or contractors that supply Covered Minerals (respectively “Suppliers” and “Contractors”) to identify the smelters and refiners in our supply chain. Our Suppliers and Contractors must complete Dashboard templates, obtain representations from their suppliers, comply with our Supplier Management Program and periodically update all information provided to us regarding conflict minerals for the Reporting Period. Through our RMI membership from 2016, we also have been obtaining country of origin information (the “RCOI Data”) compiled by RMI for those smelters in our supply chain that have been validated as conformant to the RMAP. This information, together with the country of origin information provided by our Suppliers and Contractors assists us in identifying whether the smelters and refiners in our supply chain source from the Covered Countries.

Suppliers & Contractors Representations

We obtained written representations from our Suppliers and Contractors representing that they either: (i) supplied no Covered Minerals from the Covered Countries; (ii) supplied Covered Minerals solely from smelters or refiners that had been validated under the RMAP; or (iii) supplied Covered Minerals from recycled or scrap sources. Each representation must be based on a reasonable country of origin inquiry conducted by the Supplier or Contractor that includes obtaining completed Dashboards and signed representations from their suppliers or contractors. Last, the representations require the Suppliers and Contractors to confirm no warning flags exist and to inform TSMC of any material changes to the representations.

During the Reporting Period, we are pleased to report that our RCOI due diligence measures indicate to us that 100% of the smelters and refiners from which our Suppliers and Contractors source the Covered Minerals have been fully audited, vetted and certified under the RMAP. For a summary of the determinations made from our RCOI, please see Section IV: Determinations below.

 

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III. Due Diligence Framework

TSMC’s due diligence measures have been designed to conform, in all material respects, to the framework described in the OECD Guidance, consistent with TSMC’s position as a downstream company. To guide its due diligence, TSMC has established a due diligence compliance process that includes a documentation and record maintenance mechanism performed in accordance with TSMC’s records retention policy to ensure the retention of relevant documentation. The Company expects to continue to refine, revise and improve this process as appropriate in light of existing infrastructures regarding conflict minerals compliance industry-wide as well as changes in the applicable law.

Description of Due Diligence Framework

In accordance with the OECD Guidance, the Company’s due diligence measures on the source and chain of custody of Covered Minerals have been designed and implemented on the following framework:

i) Establish Strong Company Management Systems

Policy: As discussed in Section II above, TSMC has adopted a Supplier Code of Conduct, Supplier Sustainability Standards and Statement on Responsible Sourcing of Minerals (viewable publicly online at https://esg.tsmc.com/en/resources/documents.html), which outline TSMC’s commitment to responsible sourcing of its Covered Minerals in our products and our expectations that our Suppliers and Contractors will be similarly committed to responsible sourcing in their supply chain. The Company regularly communicates this policy to our Suppliers and Contractors of Covered Minerals and requires them to acknowledge its importance. TSMC requires all of our Suppliers and Contractors to source the Covered Minerals from smelters or refiners who have been certified by independent third parties under the RMI’s Responsible Minerals Assurance Process.

Personnel: To oversee compliance with relevant conflict-free materials laws and regulations, we formed a standing Conflict-Free Materials Task Force (“Task Force”), comprised of members from the Legal, Environmental, Safety & Health, Procurement, and Backend Technology and Service departments. This cross-functional group is responsible for implementing TSMC’s conflict minerals compliance strategy. The Task Force is sponsored by senior management, including the Vice President & General Counsel as well as the Senior Vice President of Materials Management & Risk Management. Our senior management are briefed about the results of the Company’s due diligence efforts, where they provide guidance and oversight. The Task Force identifies and assesses the relevant risks in our supply chain and formulates and implements control points to manage such risks. The Task Force also works closely with our internal team dedicated to managing all RBA membership obligations including complying with the portions of the RBA Code of Conduct relating to the responsible sourcing of minerals.

 

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Supplier Engagement: The Task Force contacted our Suppliers and Contractors to provide them with notice of the relevant U.S. SEC requirements and advised them of the Company’s commitment to responsibly source materials and its due diligence expectations, and has followed up with Suppliers and Contractors as was reasonable to ensure compliance. In addition, the Company posted its Statement on Responsible Sourcing of Minerals on its website so that these entities may understand and acknowledge it as a condition for doing business with us. The Company retains evidence of the received Supplier and Contractor responses as part of its RCOI and due diligence. Feedback from this process is used to modify, where appropriate, the design of TSMC’s conflict minerals compliance program.

Information Technology Control Point System: To prevent non-compliant Covered Minerals from being incorporated into our products and services, TSMC established an information technology-driven control point, or gating mechanism, in the early stages of new supplier engagement. Potential new suppliers of materials must provide the supporting documentation required in our “New Material Evaluation System”, such as a report on Covered Minerals present in their products, a completed Dashboard and signed representations (if applicable). TSMC then reviews these documents to assess any potential conflict minerals compliance risks, and will approve the supplier or new material only when a potential supplier has demonstrated its commitment to complying with TSMC’s conflict minerals compliance program.

Transparency: TSMC makes our conflict minerals report available to our customers via TSMC-Online, the online system used to place orders and communicate with TSMC, which allows enhanced transparency in the exchange of relevant compliance information.

Grievance Mechanism: The Company’s existing procedures for reporting Code of Conduct or other ethics violations are available for reporting conflict minerals compliance problems. Any employee or other whistleblower who has relevant information is able to file anonymous complaints via either the Ombudsman complaint system or the Audit Committee whistleblower system. All informants are protected from retaliation under TSMC’s Ethics and Business Conduct Policy to encourage the frank and full disclosure of grievances.

ii) Identify and Assess Risk in the Supply Chain

Identification of Risks: To identify risks in its supply chain, the Task Force through the contact window of the Procurement team contacted and requested its Suppliers and Contractors to complete the Dashboard and include information regarding the source and chain of custody of Covered Minerals in its supply chain. The Dashboard indicates both the country of origin and name and addresses of smelters and refiners used. Written instructions and recorded training illustrating use of the Dashboard are available on RMI’s website. The Task Force reviews the responses, checks the RCOI Data provided by RMI, looks for inconsistencies or other apparent inaccuracies, and follows up (through e-mail communication or conference call as necessary) to identify and escalate any issues associated with non-responsive or problematic responses to its inquiry.

 

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Assessment of Risks: Upon receipt of completed Dashboards from our Suppliers and Contractors, the Task Force conducts due diligence of identified smelters or refiners by examining the information provided in Dashboard to determine if the smelter or refiner has been validated under the RMAP as “conflict-free”, assess potential risks in our supply chain, and take subsequent actions. The RMAP provides information regarding those smelters or refiners that, following an independent third-party audit, have been found to be conformant to the RMAP’s assessment protocols to assure continued sourcing of only conflict-free materials. During the Reporting Period, as a result of our risk assessment, the Task Force required our suppliers to remove from our supply chain those smelters identified as non-conformant to RMAP. To ensure a conflict-free supply chain, the Task Force also took proactive steps to require our suppliers to urge those smelters which risk losing the RMAP-conformant status to participate in the re-audit as soon as possible.

iii) Design and Implement a Strategy to Respond to Identified Risks

and Implementation of Control Points

TSMC’s Task Force takes the following actions, among others, to improve its due diligence measures, increase supply chain transparency and further mitigate the risk that the Covered Minerals contained in its products may finance or benefit armed groups in the Covered Countries. These actions taken serve as control points in our compliance effort.

 

   

communicate our conflict minerals program to all relevant parties as needed and make same available publicly online;

 

   

design a compliance framework in accordance with the OECD Guidance;

 

   

request Suppliers and Contractors to complete a Dashboard and review results of same;

 

   

update the Dashboard template as required;

 

   

request relevant parties sign representation letter confirming their compliance with our conflict mineral program, and requiring them to conduct similar inquiries in their supply chain;

 

   

request our relevant Suppliers and Contractors use only smelters and refiners certified under the RMAP;

 

   

check whether the smelters our Suppliers and Contractors source from are listed as certified under the RMAP (such as consulting the RMI’s website and referring to the updated RCOI Data and due diligence documents provided by RMI);

 

   

compile a list of Suppliers, Contractors and their smelters or refiners as well as their respective locations;

 

   

provide such list to government agencies and the public if or when required by law;

   

discuss compliance status with materials Suppliers or Contractors as needed;

 

   

conduct conflict minerals compliance training as applicable and needed;

 

   

research publicly available information to check whether high risk smelters or refiners identified by the Task Force indirectly or directly finance or benefit armed groups in the Covered Countries;

 

   

watch out for warning flags as identified in Exhibit III attached hereto;

 

   

participate in relevant industry discussions on conflict minerals compliance such as those conducted under the RBA and the WSC;

 

   

assist with conflict minerals compliance audits conducted by RBA, our customers and investors;

 

   

discuss our conflict minerals compliance efforts with our customers, investors or rating agencies when required;

 

   

reassure our major investor(s) and rating agencies that conflict minerals compliance is an integral part of our corporate governance scheme;

 

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continue to collect Covered Minerals information contained in our finished products manufactured for all relevant periods;

 

   

continue to engage Suppliers and Contractors to obtain current, accurate and complete information about the supply chain, smelters and refiners;

 

   

enhance Supplier or Contractor communication, training and escalation process, if needed, to improve due diligence data accuracy and completion; and

 

   

require Suppliers and Contractors to implement responsible sourcing and due diligence measures to ensure sourcing only from smelters and refiners that have received a “conflict-free” designation from an independent third-party auditor such as the RMI’s RMAP;

 

   

monitor the RMAP-conformance status and audit cycle of each smelter in our supply chain and require our suppliers to urge smelters that risk losing the RMAP-conformant status to participate in re-audit;

 

   

engage third party auditor to conduct audits of selected suppliers’ conflict minerals compliance program

iv) Carry Out Independent Third-Party Audit of Supply Chain

TSMC does not have any direct relationships with smelters or refiners that process the Covered Minerals, and it does not perform direct audits of our Covered Minerals smelters or refiners. Instead, the Company relies on information provided by its Suppliers and Contractors, and on information collected and provided by independent third-party audit programs, such as the RMAP as well as other publicly available information.

TSMC has also been regularly audited by RBA as to the sufficiency of its conflict minerals compliance program. To date, TSMC has successfully passed the audits and shall continue to work with our suppliers in building a conflict-free supply chain for the Covered Minerals over time.

v) Report Annually on Supply Chain Due Diligence:

Public Reporting of our Conflict-Free Materials Compliance

TSMC reports annually our conflict minerals compliance, as required by the U.S. SEC. The contents of this Form SD describing the methodology of our reasonable inquiry analysis and due diligence measures may be accessed publicly online at http://www.tsmc.com/english/investorRelations/sec_filings.htm or www.sec.gov.

IV. Determinations

Our determination as to the origins and chain of custody of our Covered Minerals is based on the reasonable country of origin inquiry and due diligence measures described above and expressly subject to the Cautionary Statements set forth below.

Exhibit I lists the smelters and refiners reasonably identified by our due diligence measures based on information provided by our materials Suppliers and Contractors known to have processed the Covered Minerals in our Products during the Reporting Period.

 

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Exhibit II lists the countries of origin of the Covered Minerals in our Products as reasonably identified by our due diligence measures and based on information from our relevant Suppliers and Contractors, as well as the country of origin information provided by RMI, the London Bullion Market Association, the Responsible Jewellery Council, and the Tungsten Industry Conflict Minerals Council.

For the Reporting Period, the Covered Minerals used in our Products originated from 29 direct first-tier Suppliers who used 111 smelters or refiners; the Covered Minerals used in our Products also came from 11 Contractors who in turn used 211 smelters or refiners. At the end of the Reporting Period, we are pleased to report that 100% of the smelters and refiners from which our Suppliers and Contractors sourced the Covered Minerals, including the 37 smelters and refiners which may have sourced directly or indirectly from Covered Countries, have been fully audited, vetted and certified under the RMAP. Some of our Suppliers or Contractors were unable to disclose information on some of the countries of origin of the Covered Minerals supplied or used by its smelters or refiners for confidentiality reasons.

To date, validation under the RMAP has been accepted by our industry as the primary standard for determining whether a smelter or refiner process Covered Minerals that directly or indirectly finance or benefit armed groups. Like our industry peers, TSMC relies on the independent third-party audits conducted under the RMAP as furnishing a reasonable basis to conclude that smelters and refiners validated under such Program have control procedures that prevent them from directly or indirectly financing or benefiting armed groups operating in the Covered Countries. Because of industry acceptance of the RMI’s Responsible Minerals Assurance Process and based on its own research of publicly available information, TSMC found no reasonable basis for independently determining that these validated smelters and refiners sourced Covered Minerals that directly or indirectly finance or benefit armed groups in the Covered Countries.

Cautionary Statements

Our reasonable country of origin inquiry as well as our due diligence measures have endeavoured to overcome the unavoidable limitations inherent in collecting information about the origins and chain of custody of the Covered Minerals used in our finished products as a downstream purchaser of the Covered Minerals operating within a complex international electronics supply chain. As such, we rely on our Suppliers and Contractors for the ultimate veracity of the information which they provide about the smelters or refiners whom they employ because we do not have any direct contractual relationship with or power of control over such smelters or refiners. Information subjected to fraud by third parties may elude detection even after having been subjected to robust verification due diligence measures like the ones we have adopted and implemented for the Reporting Period. In spite of these difficulties, our determination made herein stands as reasonable assurance of the current status of our conflict minerals compliance and in no way detracts from our commitment towards creating a conflict-free supply chain for our Products when infrastructures that further facilitate conflict minerals compliance would become more prevalent, established and readily available at reasonable cost in time and resources.

 

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Exhibit I

Smelters & Refiners

 

Covered

Minerals

  

Smelter Name

  

Smelter Country

Gold

  

Advanced Chemical Company*

  

UNITED STATES OF AMERICA

Gold

  

Aida Chemical Industries Co., Ltd.

  

JAPAN

Gold

  

Agosi AG

  

GERMANY

Gold

  

Almalyk Mining and Metallurgical Complex (AMMC)

  

UZBEKISTAN

Gold

  

AngloGold Ashanti Corrego do Sitio Mineracao

  

BRAZIL

Gold

  

Argor-Heraeus S.A.

  

SWITZERLAND

Gold

  

Asahi Pretec Corp.

  

JAPAN

Gold

  

Asaka Riken Co., Ltd.

  

JAPAN

Gold

  

Aurubis AG

  

GERMANY

Gold

  

Bangko Sentral ng Pilipinas (Central Bank of the Philippines)

  

PHILIPPINES

Gold

  

Boliden AB

  

SWEDEN

Gold

  

C. Hafner GmbH + Co. KG

  

GERMANY

Gold

  

CCR Refinery - Glencore Canada Corporation

  

CANADA

Gold

  

Cendres + Metaux S.A.*

  

SWITZERLAND

Gold

  

Chimet S.p.A.

  

ITALY

Gold

  

Chugai Mining

  

JAPAN

Gold

  

DSC (Do Sung Corporation)

  

KOREA, REPUBLIC OF

Gold

  

Dowa

  

JAPAN

Gold

  

Eco-System Recycling Co., Ltd. East Plant

  

JAPAN

Gold

  

LT Metal Ltd.

  

KOREA, REPUBLIC OF

Gold

  

Heimerle + Meule GmbH

  

GERMANY

Gold

  

Heraeus Metals Hong Kong Ltd.

  

CHINA

Gold

  

Heraeus Germany GmbH Co. KG

  

GERMANY

Gold

  

Inner Mongolia Qiankun Gold and Silver Refinery Share Co., Ltd.

  

CHINA

Gold

  

Ishifuku Metal Industry Co., Ltd.

  

JAPAN

Gold

  

Istanbul Gold Refinery

  

TURKEY

Gold

  

Japan Mint

  

JAPAN

Gold

  

Jiangxi Copper Co., Ltd.

  

CHINA

 

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Gold

  

Asahi Refining USA Inc.

  

UNITED STATES OF AMERICA

Gold

  

Asahi Refining Canada Ltd.

  

CANADA

Gold

  

JX Nippon Mining & Metals Co., Ltd.

  

JAPAN

Gold

  

Kazzinc

  

KAZAKHSTAN

Gold

  

Kennecott Utah Copper LLC

  

UNITED STATES OF AMERICA

Gold

  

Kojima Chemicals Co., Ltd.

  

JAPAN

Gold

  

LS-NIKKO Copper Inc.

  

KOREA, REPUBLIC OF

Gold

  

Materion

  

UNITED STATES OF AMERICA

Gold

  

Matsuda Sangyo Co., Ltd.

  

JAPAN

Gold

  

Metalor Technologies (Suzhou) Ltd.

  

CHINA

Gold

  

Metalor Technologies (Hong Kong) Ltd.

  

CHINA

Gold

  

Metalor Technologies (Singapore) Pte., Ltd.

  

SINGAPORE

Gold

  

Metalor Technologies S.A.

  

SWITZERLAND

Gold

  

Metalor USA Refining Corporation

  

UNITED STATES OF AMERICA

Gold

  

Metalurgica Met-Mex Penoles S.A. De C.V.

  

MEXICO

Gold

  

Mitsubishi Materials Corporation

  

JAPAN

Gold

  

Mitsui Mining and Smelting Co., Ltd.

  

JAPAN

Gold

  

Nadir Metal Rafineri San. Ve Tic. A.S.

  

TURKEY

Gold

  

Navoi Mining and Metallurgical Combinat

  

UZBEKISTAN

Gold

  

Nihon Material Co., Ltd.

  

JAPAN

Gold

  

Ohura Precious Metal Industry Co., Ltd.

  

JAPAN

Gold

  

PAMP S.A.

  

SWITZERLAND

Gold

  

PT Aneka Tambang (Persero) Tbk

  

INDONESIA

Gold

  

PX Precinox S.A.

  

SWITZERLAND

Gold

  

Rand Refinery (Pty) Ltd.

  

SOUTH AFRICA

Gold

  

Royal Canadian Mint

  

CANADA

Gold

  

Samduck Precious Metals*

  

KOREA, REPUBLIC OF

Gold

  

SEMPSA Joyeria Plateria S.A.

  

SPAIN

Gold

  

Shandong Zhaojin Gold & Silver Refinery Co., Ltd.

  

CHINA

Gold

  

Sichuan Tianze Precious Metals Co., Ltd.

  

CHINA

Gold

  

Solar Applied Materials Technology Corp.

  

TAIWAN

Gold

  

Sumitomo Metal Mining Co., Ltd.

  

JAPAN

 

10


Gold

  

Tanaka Kikinzoku Kogyo K.K.

  

JAPAN

Gold

  

Shandong Gold Smelting Co., Ltd.

  

CHINA

Gold

  

Tokuriki Honten Co., Ltd.

  

JAPAN

Gold

  

Torecom

  

KOREA, REPUBLIC OF

Gold

  

Umicore S.A. Business Unit Precious Metals Refining

  

BELGIUM

Gold

  

United Precious Metal Refining, Inc.

  

UNITED STATES OF AMERICA

Gold

  

Valcambi S.A.

  

SWITZERLAND

Gold

  

Western Australian Mint (T/a The Perth Mint)

  

AUSTRALIA

Gold

  

Yamakin Co., Ltd.

  

JAPAN

Gold

  

Yokohama Metal Co., Ltd.

  

JAPAN

Gold

  

Zhongyuan Gold Smelter of Zhongjin Gold Corporation

  

CHINA

Gold

  

Gold Refinery of Zijin Mining Group Co., Ltd.

  

CHINA

Gold

  

SAFINA A.S.

  

CZECHIA

Gold

  

Umicore Precious Metals Thailand*

  

THAILAND

Gold

  

Geib Refining Corporation

  

UNITED STATES OF AMERICA

Gold

  

MMTC-PAMP India Pvt., Ltd.

  

INDIA

Gold

  

KGHM Polska Miedz Spolka Akcyjna

  

POLAND

Gold

  

Singway Technology Co., Ltd.*

  

TAIWAN

Gold

  

Al Etihad Gold Refinery DMCC

  

UNITED ARAB EMIRATES

Gold

  

Emirates Gold DMCC

  

UNITED ARAB EMIRATES

Gold

  

T.C.A S.p.A

  

ITALY

Gold

  

REMONDIS PMR B.V.

  

NETHERLANDS

Gold

  

Korea Zinc Co., Ltd.

  

KOREA, REPUBLIC OF

Gold

  

TOO Tau-Ken-Altyn

  

KAZAKHSTAN

Gold

  

SAAMP

  

FRANCE

Gold

  

L’Orfebre S.A.

  

ANDORRA

Gold

  

8853 S.p.A.*

  

ITALY

Gold

  

Italpreziosi

  

ITALY

Gold

  

WIELAND Edelmetalle GmbH

  

GERMANY

Gold

  

Ogussa Osterreichische Gold- und Silber-Scheideanstalt GmbH

  

AUSTRIA

Gold

  

Bangalore Refinery

  

INDIA

 

11


Gold

  

SungEel HiMetal Co., Ltd.

  

KOREA, REPUBLIC OF

Gold

  

Planta Recuperadora de Metales SpA

  

CHILE

Gold

  

Safimet S.p.A*

  

ITALY

Gold

  

NH Recytech Company

  

KOREA, REPUBLIC OF

Gold

  

Eco-System Recycling Co., Ltd. North Plant

  

JAPAN

Gold

  

Eco-System Recycling Co., Ltd. West Plant

  

JAPAN

Gold

  

Metal Concentrators SA (Pty) Ltd.

  

SOUTH AFRICA

Tantalum

  

Changsha South Tantalum Niobium Co., Ltd.*

  

CHINA

Tantalum

  

F&X Electro-Materials Ltd.

  

CHINA

Tantalum

  

XIMEI RESOURCES (GUANGDONG) LIMITED

  

CHINA

Tantalum

  

JiuJiang JinXin Nonferrous Metals Co., Ltd.

  

CHINA

Tantalum

  

Jiujiang Tanbre Co., Ltd.

  

CHINA

Tantalum

  

AMG Brasil

  

BRAZIL

Tantalum

  

Metallurgical Products India Pvt., Ltd.

  

INDIA

Tantalum

  

Mineracao Taboca S.A.

  

BRAZIL

Tantalum

  

Mitsui Mining and Smelting Co., Ltd.

  

JAPAN

Tantalum

  

NPM Silmet AS

  

ESTONIA

Tantalum

  

Ningxia Orient Tantalum Industry Co., Ltd.

  

CHINA

Tantalum

  

QuantumClean

  

UNITED STATES OF AMERICA

Tantalum

  

Yanling Jincheng Tantalum & Niobium Co., Ltd.

  

CHINA

Tantalum

  

Taki Chemical Co., Ltd.

  

JAPAN

Tantalum

  

Telex Metals

  

UNITED STATES OF AMERICA

Tantalum

  

Ulba Metallurgical Plant JSC

  

KAZAKHSTAN

Tantalum

  

Hengyang King Xing Lifeng New Materials Co., Ltd.

  

CHINA

Tantalum

  

D Block Metals, LLC

  

UNITED STATES OF AMERICA

Tantalum

  

FIR Metals & Resource Ltd.

  

CHINA

Tantalum

  

Jiujiang Zhongao Tantalum & Niobium Co., Ltd.

  

CHINA

Tantalum

  

XinXing HaoRong Electronic Material Co., Ltd.

  

CHINA

Tantalum

  

Jiangxi Dinghai Tantalum & Niobium Co., Ltd.

  

CHINA

Tantalum

  

KEMET de Mexico

  

MEXICO

Tantalum

  

TANIOBIS Co., Ltd.

  

THAILAND

Tantalum

  

TANIOBIS GmbH

  

GERMANY

 

12


Tantalum

  

H.C. Starck Hermsdorf GmbH

  

GERMANY

Tantalum

  

Materion Newton Inc.

  

UNITED STATES OF AMERICA

Tantalum

  

TANIOBIS Japan Co., Ltd.

  

JAPAN

Tantalum

  

TANIOBIS Smelting GmbH & Co. KG

  

GERMANY

Tantalum

  

Global Advanced Metals Boyertown

  

UNITED STATES OF AMERICA

Tantalum

  

Global Advanced Metals Aizu

  

JAPAN

Tantalum

  

Resind Industria e Comercio Ltda.

  

BRAZIL

Tantalum

  

Jiangxi Tuohong New Raw Material

  

CHINA

Tin

  

Chenzhou Yunxiang Mining and Metallurgy Co., Ltd.

  

CHINA

Tin

  

Alpha

  

UNITED STATES OF AMERICA

Tin

  

Dowa

  

JAPAN

Tin

  

EM Vinto

  

BOLIVIA (PLURINATIONAL STATE OF)

Tin

  

Fenix Metals

  

POLAND

Tin

  

Gejiu Non-Ferrous Metal Processing Co., Ltd.

  

CHINA

Tin

  

China Tin Group Co., Ltd.

  

CHINA

Tin

  

Malaysia Smelting Corporation (MSC)

  

MALAYSIA

Tin

  

Metallic Resources, Inc.

  

UNITED STATES OF AMERICA

Tin

  

Mineracao Taboca S.A.

  

BRAZIL

Tin

  

Minsur

  

PERU

Tin

  

Mitsubishi Materials Corporation

  

JAPAN

Tin

  

Jiangxi New Nanshan Technology Ltd.

  

CHINA

Tin

  

O.M. Manufacturing (Thailand) Co., Ltd.

  

THAILAND

Tin

  

Operaciones Metalurgicas S.A.

  

BOLIVIA (PLURINATIONAL STATE OF)

Tin

  

PT Artha Cipta Langgeng

  

INDONESIA

Tin

  

PT Babel Inti Perkasa

  

INDONESIA

Tin

  

PT Babel Surya Alam Lestari

  

INDONESIA

Tin

  

PT Bukit Timah

  

INDONESIA

Tin

  

PT Cipta Persada Mulia

  

INDONESIA

Tin

  

PT Mitra Stania Prima

  

INDONESIA

Tin

  

PT Prima Timah Utama

  

INDONESIA

 

13


Tin

  

PT Refined Bangka Tin

  

INDONESIA

Tin

  

PT Sariwiguna Binasentosa

  

INDONESIA

Tin

  

PT Stanindo Inti Perkasa

  

INDONESIA

Tin

  

PT Timah Tbk Kundur

  

INDONESIA

Tin

  

PT Timah Tbk Mentok

  

INDONESIA

Tin

  

PT Tinindo Inter Nusa*

  

INDONESIA

Tin

  

Rui Da Hung

  

TAIWAN

Tin

  

Thaisarco

  

THAILAND

Tin

  

White Solder Metalurgia e Mineracao Ltda.

  

BRAZIL

Tin

  

Yunnan Chengfeng Non-ferrous Metals Co., Ltd.

  

CHINA

Tin

  

Tin Smelting Branch of Yunnan Tin Co., Ltd.

  

CHINA

Tin

  

Magnu’s Minerais Metais e Ligas Ltda.

  

BRAZIL

Tin

  

PT ATD Makmur Mandiri Jaya

  

INDONESIA

Tin

  

O.M. Manufacturing Philippines, Inc.

  

PHILIPPINES

Tin

  

Resind Industria e Comercio Ltda.

  

BRAZIL

Tin

  

Aurubis Beerse

  

BELGIUM

Tin

  

Aurubis Berango

  

SPAIN

Tin

  

Thai Nguyen Mining and Metallurgy Co., Ltd.

  

Viet Nam

Tin

  

PT Menara Cipta Mulia

  

INDONESIA

Tin

  

Guangdong Hanhe Non-Ferrous Metal Co., Ltd.

  

CHINA

Tin

  

Chifeng Dajingzi Tin Industry Co., Ltd.

  

CHINA

Tin

  

PT Bangka Serumpun

  

INDONESIA

Tin

  

Tin Technology & Refining

  

UNITED STATES OF AMERICA

Tin

  

Ma’anshan Weitai Tin Co.,Ltd.

  

VIET NAM

Tin

  

PT Rajawali Rimba Perkasa

  

INDONESIA

Tin

  

Luna Smelter, Ltd.

  

RWANDA

Tin

  

Fabrica Auricchio Industria e Comercio Ltda.

  

BRAZIL

Tungsten

  

A.L.M.T. Corp.

  

JAPAN

Tungsten

  

Kennametal Huntsville

  

UNITED STATES OF AMERICA

Tungsten

  

Guangdong Xianglu Tungsten Co., Ltd.

  

CHINA

Tungsten

  

Chongyi Zhangyuan Tungsten Co., Ltd.

  

CHINA

Tungsten

  

Global Tungsten & Powders Corp.

  

UNITED STATES OF AMERICA

Tungsten

  

Hunan Chenzhou Mining Co., Ltd.

  

CHINA

 

14


Tungsten

  

Hunan Chunchang Nonferrous Metals Co., Ltd.*

  

CHINA

Tungsten

  

Japan New Metals Co., Ltd.

  

JAPAN

Tungsten

  

Ganzhou Huaxing Tungsten Products Co., Ltd.

  

CHINA

Tungsten

  

Kennametal Fallon

  

UNITED STATES OF AMERICA

Tungsten

  

Wolfram Bergbau und Hutten AG

  

AUSTRIA

Tungsten

  

Xiamen Tungsten Co., Ltd.

  

CHINA

Tungsten

  

Ganzhou Jiangwu Ferrotungsten Co., Ltd.

  

CHINA

Tungsten

  

Jiangxi Yaosheng Tungsten Co., Ltd.

  

CHINA

Tungsten

  

Jiangxi Xinsheng Tungsten Industry Co., Ltd.

  

CHINA

Tungsten

  

Jiangxi Tonggu Non-ferrous Metallurgical & Chemical Co., Ltd.

  

CHINA

Tungsten

  

Malipo Haiyu Tungsten Co., Ltd.

  

CHINA

Tungsten

  

Xiamen Tungsten (H.C.) Co., Ltd.

  

CHINA

Tungsten

  

Jiangxi Gan Bei Tungsten Co., Ltd.

  

CHINA

Tungsten

  

Ganzhou Seadragon W & Mo Co., Ltd.

  

CHINA

Tungsten

  

Asia Tungsten Products Vietnam Ltd.

  

VIET NAM

Tungsten

  

Hunan Shizhuyuan Nonferrous Metals Co., Ltd. Chenzhou Tungsten Products Branch

  

CHINA

Tungsten

  

H.C. Starck Tungsten GmbH

  

GERMANY

Tungsten

  

TANIOBIS Smelting GmbH & Co. KG

  

GERMANY

Tungsten

  

Masan High-Tech Materials

  

VIET NAM

Tungsten

  

Jiangwu H.C. Starck Tungsten Products Co., Ltd.

  

CHINA

Tungsten

  

Niagara Refining LLC

  

UNITED STATES OF AMERICA

Tungsten

  

China Molybdenum Tungsten Co., Ltd.

  

CHINA

Tungsten

  

Ganzhou Haichuang Tungsten Co., Ltd.

  

CHINA

Tungsten

  

Philippine Chuangxin Industrial Co., Inc.

  

PHILIPPINES

Tungsten

  

Xinfeng Huarui Tungsten & Molybdenum New Material Co., Ltd.

  

CHINA

Tungsten

  

ACL Metais Eireli*

  

BRAZIL

Tungsten

  

Fujian Ganmin RareMetal Co., Ltd.

  

CHINA

Tungsten

  

Lianyou Metals Co., Ltd.

  

TAIWAN

Tungsten

  

Cronimet Brasil Ltda

  

BRAZIL

Note: The smelters marked with an asterisk(*) are those which have been removed or are in the process of removal from our supply chain, after they ceased operating as smelters/refiners or were no longer RMAP-conformant.

 

15


EXHIBIT II

Covered Minerals: Countries of Origin

 

Argentina

  

Georgia

  

Panama

Armenia

  

Germany

  

Papua New Guinea

Australia

  

Ghana

  

Peru

Austria

  

Guatemala

  

Philippines

Azerbaijan

  

Guinea

  

Portugal

Belgium

  

Guyana

  

Russian Federation

Benin

  

Honduras

  

Rwanda

Bolivia

  

India

  

Saudi Arabia

Botswana

  

Indonesia

  

Senegal

Brazil

  

Japan

  

Sierra Leone

Bulgaria

  

Kazakhstan

  

Slovakia

Burkina Faso

  

Kenya

  

South Africa

Burundi

  

Krygyzstan

  

South Korea

Canada

  

Laos

  

Spain

Chile

  

Liberia

  

Sudan

China

  

Malaysia

  

Suriname

Colombia

  

Mali

  

Swaziland

Democratic Republic of Congo

  

Mauritania

  

Sweden

Cote d’Ivoire

  

Mexico

  

Taiwan

Dominican Republic

  

Mongolia

  

Tanzania

Ecuador

  

Morocco

  

Thailand

Egypt

  

Mozambique

  

Turkey

Eritrea

  

Myanmar

  

Uganda

Estonia

  

Namibia

  

United Kingdom

Ethiopia

  

New Zealand

  

United States of America

Fiji

  

Nicaragua

  

Uzbekistan

Finland

  

Niger

  

Vietnam

France

  

Nigeria

  

Zambia

French Guiana

  

Oman

  

Zimbabwe

 

16


EXHIBIT III

Warning Flags

Warning Flag Situations:

 

   

minerals originate from or have been transported via a conflict-affected or high-risk area;

 

   

minerals are claimed to originate from a country that has limited known reserves, likely resources or expected production levels of the mineral in question (i.e. the declared volumes of mineral from that country are out of keeping with its known reserves or expected production levels);

 

   

minerals are claimed to originate from a country in which minerals from conflict-affected and high-risk areas are known to transit;

 

   

suppliers or other known upstream companies have shareholder or other interests in companies that supply minerals from or operate in one of the above-mentioned red flag locations of mineral origin and transit;

 

   

suppliers or other known upstream companies are known to have sourced minerals from a red flag location of mineral origin and transit in the last 12 months.

(From “Supplement on Tin, Tantalum and Tungsten” in OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Third Edition (OECD 2016, p. 33)).

 

17