News & Analysis as of

Supply Chain Due Diligence

United Nations Continues its Development of a Treaty Imposing Liability on Companies for Human Rights Abuses

by Littler on

An ongoing debate exists regarding the nature and extent to which transnational companies should be held directly and legally liable for human rights impacts. Much of this debate has involved calls for additional regulation...more

Strict Liability and Human Rights Due Diligence – too little too early?

by Hogan Lovells on

It was a pleasure to speak in Geneva earlier this month at a consultation hosted by the United Nations Office of the High Commissioner for Human Rights (“OHCHR“) on the scope for making businesses strictly liable for human...more

Human Rights Considerations & Best Practices for Energy Companies

by King & Spalding on

International human rights laws and norms are increasingly playing a role in shaping how energy companies conduct their business all over the world. Shareholders increasingly demand compliance with human rights norms;...more

Mitigating Supply Chain Risk: Effective Transportation and Logistics Provider Diligence and Management Practices

by Benesch on

Every day, supply chain managers and logistics coordinators navigate a world of risk. Those risks include interruption due to delay, the damage, contamination, or loss of goods, customer service failures, and even regulatory...more

New EU regulation on conflict minerals

by DLA Piper on

New EU regulation on conflict minerals Corporate social responsibility is an important matter in relation to mining and mineral trading. The EU has adopted a new regulation to enhance social responsible mining and trading...more

The EU Conflict Minerals Regulation – Frequently Asked Questions and Take-Aways for Downstream Companies (or Why Should I Care...

by Ropes & Gray LLP on

In late May, the European Union published the final text of its recently adopted conflict minerals regulation (the “Regulation”), which was more than seven years in the making. On almost a daily basis, we are asked by clients...more

Proposed Dutch Legislation on Child Labor Due Diligence: What You Need to Know

On February 7, the Dutch Parliament adopted a bill that would require companies to conduct due diligence as to whether child labor is occurring in their own operations or in their supply chains....more

Survey of 2016 Conflict Minerals Filings Released

Development International has released its annual survey of conflict minerals reports for the 2016 reporting period which were filed in 2017. Despite the SEC’s no action position which relaxed conflict minerals reporting...more

Using a Human Rights Lens to Strengthen Your Anti-Corruption Compliance Program

Companies are increasingly expected to manage the human rights impacts of their activities. This expectation is embedded in new legislative requirements, in the requirements of business partners and investors, and in the...more

New guidance for lawyers advising businesses on human rights risks

by DLA Piper on

On 17 July 2017, the International Bar Association Legal Policy and Research Unit (LPRU) released a Handbook for Lawyers on Business and Human Rights to provide guidance for business lawyers and their corporate clients on how...more

Conflict Minerals – The European Drive for Greater Supply-Chain Transparency Continues

by Allen & Overy LLP on

The EU has finally adopted new transparency rules regarding so-called conflicts minerals being imported into the EU. This follows a series of policy initiatives from the European Commission to drive for greater transparency...more

The New Conflict Mineral Regulation Will Apply from January 2021

by K&L Gates LLP on

The new EU rules on conflict minerals impose strict due diligence requirements on EU importers of gold, tin, tungsten and tantalum. On 19 May 2017 Regulation 2017/821, which sets out supply chain due diligence obligations for...more

Blog: GAO Issues Annual Report Showing Only Slight Progress In Disclosures On Conflict Minerals

by Cooley LLP on

The GAO has recently issued its third annual report on conflict minerals. The GAO is required by Dodd-Frank to report annually on the effectiveness of the SEC’s conflict minerals rule in promoting peace and security in the...more

GAO Reports on 2015 Conflict Minerals Form SDs

GAO released an analysis of a generalizable sample of conflict minerals disclosures filed with SEC in 2015. The analysis found that an estimated 49 percent of companies in 2015 reported having determined whether the conflict...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a jury verdict in the Quinteros v. DynCorp litigation; the latest...more

France Adopts a New Law Requiring Companies to Diligence their Supply Chains in Relation to Human Rights, Environmental, and...

by Latham & Watkins LLP on

On March 27, 2017, the French Parliament adopted a Law On The Duty Of Vigilance For Parent And Subcontracting Companies. The law amends the Commerce Code and requires companies to establish and implement a plan for...more

Conflict Minerals Update – SEC Releases Guidance Following District Court Decision

by White & Case LLP on

On April 3, 2017, the US District Court for the District of Columbia (the "Court") entered a final judgment in National Association of Manufacturers, et al. v. Securities and Exchange Commission,1 ruling that Section 1502 of...more

SEC Issues Updated Statement on Conflict Minerals Rule

by Ropes & Gray LLP on

On Friday afternoon, the SEC’s Division of Corporation Finance issued an Updated Statement on the Conflict Minerals Rule (the “Rule”). An updated Statement was widely anticipated. Earlier in the week, on April 3rd, the U.S....more

Conflict Minerals - What Just Happened and What Didn’t

The conflict minerals saga continues. Background - In April 2014, the Court of Appeals for the D.C. Circuit in National Association of Manufacturers v. SEC held that the conflict minerals rule’s requirement that...more

New Developments and Uncertainties for Conflict Minerals Disclosure

by Beveridge & Diamond PC on

The Securities and Exchange Commission (SEC or Commission) Division of Corporate Finance issued a new statement adding some uncertainty to company obligations and enforcement exposure under the SEC conflict minerals rule...more

New Draft EU Conflict Mineral and Metals Laws – How Will the Due Diligence and Transparency Rules Impact Your Industry?

On 16 March 2017, the European Parliament approved a draft EU regulation intended to ensure that trade in certain minerals and metals from high-risk or warn-torn areas does not fund conflict and human rights abuses. The...more

Blog: State Department ventures into conflict minerals

by Cooley LLP on

Bloomberg BNA is reporting that the State Department has launched a new review of “how best to support responsible sourcing of conflict minerals,” which will continue through April 28. Although it’s not known whether the SEC...more

New rules on conflict minerals for EU importers

by DLA Piper on

The European Union is bringing forward new rules on the sourcing and import of conflict minerals. The European Parliament approved the draft conflict minerals regulation (the Regulation) on 16 March 2017 by a large...more

Meeting the challenges of Customs compliance: 11 questions to ask yourself, 6 action steps

by DLA Piper on

In the global environment in which we operate, exchanging goods internationally always entails basic customs issues.  Among these are the import/entry process, tariff classification, valuation, country of origin labeling, and...more

Dutch and French Legislatures Introduce New Human Rights Due Diligence Reporting Requirements

by Littler on

In February 2017, legislatures in the Netherlands and France took significant steps to implement mandatory due diligence and reporting rules regarding the impact of an employer's operations and supply chains on human rights. ...more

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