1. | Establish strong Company management systems for conflict minerals supply chain due diligence and reporting compliance; |
2. | Identify and assess conflict minerals risks in our supply chain; |
3. | Design and implement strategies to respond to conflict minerals risks identified; |
4. | Contribute to independent third-party audits of the due diligence practices of conflict minerals smelters and refiners by participating in industry organizations; and |
5. | Report on our conflict minerals supply chain due diligence activities, as required by the Rule. |
Step 1: Establish strong company management systems. |
A) To clearly communicate to suppliers and the public, in 2010 KEMET formally published a company policy avoiding the use of conflict minerals which directly or indirectly finance or benefit armed groups in the Democratic Republic of Congo or an adjoining country (Conflict Minerals Policy). This policy was incorporated into KEMET purchase order terms and conditions and communicated to new suppliers during our supplier “on boarding” process. An awareness letter communicating KEMET conflict minerals commitments and next steps was sent to existing suppliers. |
B) To structure internal management and support supply chain due diligence, KEMET implemented in its internal Compliance Policy and Procedures, a conflict minerals document formally stating that KEMET’s Sustainability Council (SC), which is made up of a cross section of senior management, has oversight and ownership of KEMET’s Conflict Minerals Policy. The SC met quarterly to address current and future sustainability objectives and concerns. In addition, KEMET created a specific conflict minerals team (Conflict Minerals Team) that met once a month during the reporting period to address the implementation and progress of our due diligence efforts. |
C) To establish a system of controls and transparency over the conflict minerals supply chain as a downstream company, KEMET incorporated into our internal Supplier Quality Procedures a requirement for suppliers to provide information on the smelters or refiners in their supply chain utilizing the EICC/GeSI Conflict Mineral Reporting Template. Records of suppliers’ responses were recorded and maintained. The information was used by KEMET to determine material conflict-free status. The information was also used to provide our customers with conflict mineral smelter or refiner information. |
D) To strengthen engagement with its suppliers, KEMET performed smelter outreach to encourage EICC/GeSI CFSP participation and participated in supply chain workshops. |
E) KEMET had available multiple communication channels to serve as grievance mechanisms for early-warning risk awareness. Internally, KEMET offered the “Listen Up” program to its personnel to report anonymously possible violations of KEMET’s Global Code of Conduct and other policies. The “Listen UP” program was administered by an outside firm which was not connected to KEMET. Externally, KEMET provided channels of contact through its customer service and investor relations. Contact information was made available through KEMET’s intranet and public website (www.kemet.com). KEMET also actively participated in the following industry groups which served as an early-warning risk-awareness system. • Organisation for Economic Co-Operation and Development (OECD) • EICC/GeSI Conflict Free Sourcing Initiative (EICC/GeSI CFSI) • International Tin Research Institute (ITRI) • Tantalum-Niobium International Study Center (TIC) |
Step 2: Identify and assess risk in the supply chain. |
A) For the purpose of identifying risks KEMET determined which raw materials contain conflict minerals and surveyed the suppliers of those raw materials to obtain smelter or refiner information utilizing the EICC/GeSI Conflict Mineral Reporting Template. |
B) To assess risk, KEMET reviewed the supplier responses for completeness and for reasonableness (i.e., 1. Do not contain contradictions or inconsistencies; 2. The response is consistent with the KEMET’s knowledge of the supplier). |
Step 3: Design and implement a strategy to respond to identified risks. |
A) KEMET reported findings of supply chain risk to senior management through quarterly and monthly business review meetings. |
B) The risk management plan adopted by KEMET was in accordance with its Conflict Minerals Policy to discontinue doing business with any supplier found to be purchasing tungsten, tantalum, tin or gold material which directly or indirectly finances or benefits armed groups in the Democratic Republic of Congo or an adjoining country. KEMET understood the global supply chain of conflict minerals is complex and disclosure of mineral sources is often considered confidential. To reduce the potential supply chain risk, KEMET encouraged smelters and refiners to participate in independent assessments of their own sources through vehicles such as the EICC/GeSI Conflict-Free Smelter Program. |
C) To monitor and track performance of risk management efforts, KEMET relied on supplier survey updates and supplier EICC/GeSI CFSP updates. The status was communicated internally in monthly Conflict Minerals Team updates. |
D) To undertake additional fact and risk assessments for risks requiring mitigation or after a change of circumstances, KEMET will rely on the supplier re-approval process as governed by Supplier Quality Procedures. |
Step 4: Carry out independent third-party audit of supply chain due diligence at identified points in the supply chain. |
KEMET relied on the EICC/GeSI Conflict-Free Sourcing Program audits to validate its due diligence is in conformance with the OECD Guidance. As an EICC/GeSI CFSI Non-Member Partner Company, KEMET worked with other members to develop the audit procedures and protocols and the Conflict Minerals Reporting Template, and encouraged suppliers and customers to participate in the program through direct communication and smelter outreach communication. |
Step 5: Report on supply chain due diligence. |
KEMET has publicly made available its Conflict Minerals Policy outlining its due diligence objectives and documented our “closed pipe” conflict-free tantalum supply chain with our Partnership for Social and Economic Sustainability program. As required under Section 13(p) of the Securities and Exchange Act of 1934 and the Rule, and in consultation with internal and external counsel, KEMET has filed our Form SD - Special Disclosure Report, which includes this Conflict Minerals Report as Exhibit 1.01, with the Securities and Exchange Commission for the reporting period ending December 31, 2013 and made such disclosure available on its website at www.kemet.com. |
1. | KEMET identified suppliers of commodity groups with high potential of containing conflict minerals. All identified suppliers were surveyed to ascertain for each of these conflict minerals (a) the smelter or refiner where it was processed, (b) its country of origin and (c) its mine of origin. The survey was conducted using the EICC/GeSI Conflict Minerals Reporting Template. KEMET accepted supplier data up to March 1, 2014 for the 2013 reporting period. |
2. | KEMET implemented our upstream “closed pipe” vertically integrated conflict-free tantalum supply chain. All of our upstream facilities were audited and validated as EICC/GeSI CFSP compliant. In addition, KEMET only sourced its downstream externally supplied tantalum material from EICC/GeSI CFSP compliant smelters. |
3. | As a non-member partner company of the EICC/GeSI Conflict Free Sourcing Initiative (the “CFSI”), we leveraged the due diligence conducted on smelters and refiners by the CFSI’s Conflict-Free Smelter Program (the “CFSP”). The CFSP uses independent private sector auditors to audit the source, including mines of origin, and chain of custody of the conflict minerals used by smelters and refiners that agree to participate in the CFSP. The smelters and refiners that are found to be CFSP compliant are those for which the independent auditor has verified that the smelter’s or refiner’s conflict minerals originated from conflict free mines and trading in a Covered Country. |
Product Category | Conflict-Free Status |
Tantalum Surface Mount Capacitors (MnO2) | DRC Conflict Free |
Tantalum Polymer Surface Mount Capacitors (KO) | DRC Conflict Free |
List of Known Facilities processing conflict minerals for DRC Conflict Undeterminable Products: • Aluminum Polymer Surface Mount Capacitors (AO) • Tantalum Non-Surface Mount Capacitors • Ceramic Surface Mount Capacitors • Ceramic Non-Surface Mount Capacitors • Film and Paper Surface Mount Capacitors • Film and Paper Non-Surface Mount Capacitors • Electrolytic Non-Surface Mount Capacitors • Electrical Filters • Machinery for Battery and Capacitor Production • Electrical Magnetic Transformers • Electrical Chokes • Electrical Coils • Inductors | ||
Mineral | Smelter or Refiner Name | Conflict-Free Status |
Gold | Heimerle + Meule GmbH | DRC Conflict-Free Undeterminable |
Gold | Kennecott Utah Copper LLC | DRC Conflict-Free |
Gold | Metalor Technologies SA | DRC Conflict-Free |
Gold | Ohio Precious Metals LLC. | DRC Conflict-Free |
Gold | Royal Canadian Mint | DRC Conflict-Free |
Gold | Umicore SA Business Unit Precious Metals Refining | DRC Conflict-Free |
Gold | United Precious Metal Refining, Inc. | DRC Conflict-Free |
Gold | Tanaka Kikinzoku Kogyo k.k. syonan kuojyo | DRC Conflict-Free Undeterminable |
Gold | Metalor USA Refining Corporation | DRC Conflict-Free |
Tin | CNMC(Guangxi) )PGMA Co. Lt. | DRC Conflict-Free Undeterminable |
Tin | Cookson | DRC Conflict-Free Undeterminable |
Tin | Cooper Metal | DRC Conflict-Free Undeterminable |
Tin | CV Prima Timah Utama | DRC Conflict-Free Undeterminable |
Tin | CV Serumpun Sebalai | DRC Conflict-Free Undeterminable |
Tin | CV United Smelting | DRC Conflict-Free Undeterminable |
Tin | EM Vinto | DRC Conflict-Free Undeterminable |
Tin | Fenix Metals | DRC Conflict-Free Undeterminable |
Tin | Gejiu Zili | DRC Conflict-Free Undeterminable |
Tin | Malaysia Smelting Corporation (MSC) | DRC Conflict-Free |
Tin | Metallo Chimique | DRC Conflict-Free Undeterminable |
Tin | Minsur | DRC Conflict-Free |
Tin | Mitsubishi Materials Corporation | DRC Conflict-Free Undeterminable |
Tin | Novosibirsk Integrated Tin Works | DRC Conflict-Free Undeterminable |
Tin | OM Manufacturing Philippines, Inc. | DRC Conflict-Free Undeterminable |
Tin | OMSA | DRC Conflict-Free |
Tin | PT Bangka Kudai Tin | DRC Conflict-Free Undeterminable |
Tin | PT Bangka Putra Karya | DRC Conflict-Free Undeterminable |
Tin | PT Bangka Timah Utama Sejahtera | DRC Conflict-Free Undeterminable |
Tin | PT Belitung Industri Sejahtera | DRC Conflict-Free Undeterminable |
Tin | PT Bukit Timah | DRC Conflict-Free |
Tin | PT DS Jaya Abadi | DRC Conflict-Free Undeterminable |
Tin | PT Koba Tin | DRC Conflict-Free Undeterminable |
Tin | PT Mitra Stania Prima | DRC Conflict-Free Undeterminable |
Tin | PT Refined Banka Tin | DRC Conflict-Free Undeterminable |
Tin | PT Tambang Timah | DRC Conflict-Free Undeterminable |
Tin | PT Timah | DRC Conflict-Free Undeterminable |
Tin | PT Tinindo Internusa | DRC Conflict-Free Undeterminable |
Tin | Mineracao Taboca S.A. | DRC Conflict-Free |
Tin | Salzgitter | DRC Conflict-Free Undeterminable |
Tin | Thaisarco | DRC Conflict-Free |
Tin | White Solder Metalurgia | DRC Conflict-Free Undeterminable |
Tin | Yunnan Chengfeng | DRC Conflict-Free Undeterminable |
Tin | Yunnan Tin Company Limited | DRC Conflict-Free |
Tungsten | N/A | N/A (Outside the supply chain) |
Country of Origin May Include | Argentina, Australia, Austria, Belgium, Brazil, Chile, China, Columbia, Cote D’Ivoire, Czech Republic, Djibouti, Egypt, Estonia, Ethiopia, France, Germany, Guyana, India, Indonesia, Ireland, Israel, Japan, Lao People’s Democratic Republic, Luxembourg, Madagascar, Malaysia, Mongolia, Myanmar, Netherlands, Nigeria, Peru, Plurinational State of Bolivia, Portugal, Republic of Korea, Russian Federation, Sierra Leone, Singapore, Suriname, Switzerland, Thailand, United Kingdom of Great Britain and Northern Ireland, United States of America, Zimbabwe, Kenya, Mozambique, South Africa, Angola, Burundi, Central African Republic, Republic of Congo, Rwanda, South Sudan, Uganda, United Republic of Tanzania, Zambia, The Democratic Republic of Congo* |
• | Engaging suppliers of 3TG to increase our response rate and improve the content of their responses. This includes a conflict-minerals flow down clause as well as new supplier or new material conflict minerals checklist as part of our “on boarding process”. |
• | Working through the EICC CFSI to expand the smelters and refiners participating in the EICC Conflict Free Smelter Program. |
• | Working with the OECD and relevant trade associations to define and improve best practices. |
• | Sourcing our upstream materials from conflict free validated mines which utilize traceability schemes to ensure complete chain of custody and maintain our EICC CFSP validation. |
• | whether the design of the Company’s due diligence framework as set forth in the Conflict Minerals Report for the reporting period from January 1 to December 31, 2013, is in conformity with, in all material respects, the criteria set forth in the Organisation of Economic Co-Operation and Development Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, Second Edition 2013 (“OECD Due Diligence Guidance”) (“Objective #1”), and |
• | whether the Company’s description of the due diligence measures it performed, as set forth in the “Due Diligence Measures” section [insert section reference] of the Conflict Minerals Report for the reporting period from January 1 to December 31, 2013, is consistent with the due diligence process that the Company undertook (“Objective #2”). |
• | the consistency of the due diligence measures that the Company performed with either the design of the Company’s due diligence framework or the OECD Due Diligence Guidance, other than as required to fulfill a stated audit Objective; |
• | the completeness of the Company’s description of the due diligence measures performed; |
• | the suitability of the design or operating effectiveness of the Company’s due diligence process, |
• | whether a third party can determine from the Conflict Minerals Report if the due diligence measures the Company performed are consistent with the OECD Due Diligence Guidance; |
• | the Company’s reasonable country of origin inquiry (RCOI), including the suitability of the design of the RCOI, its operating effectiveness, or the results thereof; or |
• | the Company’s conclusions about the source or chain of custody of its conflict minerals, those products subject to due diligence, or the DRC Conflict Free status of its products. |
• | reviewed documents and records provided by the Company in response to our requests; |
• | interviewed individuals involved in the due diligence steps described in the Conflict Minerals Report; and |
• | tested selected steps. |
• | the design of the Company’s due diligence framework for the reporting period from January 1 to December 31, 2013, as set forth in the Due Diligence Measures section of the Conflict Minerals Report is in conformity, in all material respects, with the OECD Due Diligence Guidance, and |
• | the Company’s description of the due diligence measures it performed as set forth in the “Due Diligence Measures” section of the Conflict Minerals Report for the reporting period from January 1 to December 31, 2013, is consistent with the due diligence process that the Company undertook. |