EX-1.01 2 ex101_053116-michaelkorshold.htm EXHIBIT 1.01 CONFLICT MINERALS REPORT FOR MICHAEL KORS HOLDINGS LTD.
Exhibit 1.01
Conflict Minerals Report 
Michael Kors Holdings Limited has included this Conflict Minerals Report as an exhibit to its Form SD in respect of calendar 2015 as required by Rule 13p-1 under the Securities Exchange Act of 1934, as amended, and Form SD (collectively, the "Conflict Minerals Rule"). The date of filing of this Conflict Minerals Report is May 31, 2016.
Unless the context indicates otherwise, the terms "we," "its," "us," "our" and the "Company" refer to Michael Kors Holdings Limited and its consolidated subsidiaries. As used herein, "Conflict Minerals" or "3TG" are cassiterite (tin), columbite-tantalite (tantalum), gold and wolframite (tungsten), without regard to the location of origin of the minerals or derivative metals.
Forward-Looking Statements
The statements in this document that refer to plans and expectations for future periods are forward-looking statements within the meaning of federal securities laws. These forward-looking statements are based on management's current expectations. Words such as "expects," "anticipates," "plans," "believes," "estimates," "may," "will," "should" and variations of such words and similar expressions are intended to identify such forward-looking statements. Examples of forward-looking statements include, but are not limited to, statements concerning the additional steps that we intend to take to mitigate the risk that our necessary 3TG benefit armed groups. You should not place undue reliance on such statements. These forward-looking statements are subject to a number of risks and uncertainties, many of which are beyond the Company's control, which could cause the Company's actual results to differ materially from those indicated in these forward-looking statements. These risks and uncertainties may include, but are not limited to, the continued implementation of satisfactory traceability and other compliance measures by our direct and indirect suppliers, on a timely basis or at all, whether smelters and refiners and other market participants responsibly source 3TG and political and regulatory developments, whether in the Democratic Republic of the Congo ("DRC") region, the United States or elsewhere. The Company undertakes no obligation to update or revise any forward-looking statements to reflect subsequent events or circumstances, except as required by applicable laws or regulations.
Applicability of the Conflict Minerals Rule to Our Company
We are a global luxury lifestyle brand that contracts to manufacture accessories, primarily handbags and small leather goods, footwear, apparel, including womenswear, menswear, swimwear and outerwear, as well as watches, jewelry, eyewear, fragrance and beauty products. We believe that we are subject to the Conflict Minerals Rule because some of the products that we contract to manufacture may contain 3TG that are necessary to the functionality or production of such products. In-scope product information in respect of calendar 2015 is provided under "Product Information" below.
Through the efforts described in this Conflict Minerals Report, we seek to ensure that our sourcing practices are consistent with our Conflict Minerals Policy, which is described below. We do not directly manufacture products. We contract to manufacture products, and therefore we do not directly source 3TG from mines, smelters or refiners, and are many levels removed from these market participants. The efforts undertaken to identify the origin of 3TG in our products reflect our circumstances and position in the supply chain, and we work with our direct suppliers so that they may provide us with accurate information about the origin of necessary 3TG minerals in the products that we contract to manufacture.
 
1

Our Conflict Minerals Policy
We are opposed to human rights abuses such as those that are occurring in connection with the mining of certain minerals from locations in the DRC. We also take our obligations under Securities and Exchange Commission regulations and the laws in countries in which we operate seriously, including our compliance obligations under the Conflict Minerals Rule. In addition, we are committed to principles of ethical business practice and recognition of the dignity of others, including the responsible sourcing of 3TG, and we expect that our suppliers share this commitment.
In furtherance of the foregoing, we have adopted and communicated to our suppliers and the public a company policy (the "Conflict Minerals Policy") for determining the use and origin of 3TG in our supply chain. Our Conflict Minerals Policy is available at: http://investors.michaelkors.com/resources/conflict-materials/default.aspx.
The Conflict Minerals Policy includes, but is not limited to, our expectations that our suppliers:
 
 
1.
Put in place procedures for the traceability of 3TG;
 
 
2.
Cooperate with our 3TG due diligence process, including by providing us, from time to time, with written certifications and other information concerning the origin of 3TG included in products and/or components supplied to us;
 
 
3.
Maintain reviewable records supporting the source of 3TG;

 
4.
Adopt policies and procedures with respect to 3TG consistent with our Conflict Minerals Policy and the Organisation for Economic Co-operation and Development's Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, including the adoption of a risk mitigation strategy to respond to identified risks in the supply chain, and communicate such policies and procedures to their personnel and direct and indirect suppliers; and
 
 
5.
Require their direct and indirect suppliers to adopt policies and procedures that are consistent with our Conflict Minerals Policy.
We do not support the embargoing of 3TG from the DRC region, but rather encourage our suppliers to continue to source responsibly from the region.
Reasonable Country of Origin Inquiry
As required by the Conflict Minerals Rule, for calendar 2015, we conducted a "reasonable country of origin inquiry" ("RCOI"). We designed our RCOI in good faith to determine the origin of 3TG that are necessary to the functionality or production of products that we contract to manufacture. The results of our RCOI are discussed on Annex A to this Conflict Minerals Report. To the extent applicable, for our RCOI, we utilized the same processes and procedures as for our due diligence, particularly Steps 1 and 2 of the OECD Guidance (as defined below) design framework, which are described below in this Conflict Minerals Report.
Our outreach included 168 suppliers (the "Suppliers"). We determined which of our products were in-scope or potentially in-scope for purposes of the Conflict Minerals Rule through product specifications, visual inspection, supplier inquiries and other information known to us. We also considered the degree of influence that we exercised over the materials, parts and components of the products.
Pursuant to the Conflict Minerals Rule, based on the results of our RCOI, we were required to conduct due diligence for calendar 2015. These due diligence efforts are discussed below.
Due Diligence Program Design
Design Framework
We designed our due diligence measures relating to 3TG to conform with, in all material respects, the criteria set forth in the Organisation for Economic Co-operation and Development's Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, including the Supplement on Tin, Tantalum and Tungsten and the Supplement on Gold (collectively, the "OECD Guidance").
Selected Elements of Design Framework
The OECD Guidance has established a five-step framework for due diligence as a basis for responsible global supply chain management of minerals from conflict-affected and high-risk areas. Selected elements of our program design are discussed below. However, these are not all of the discrete elements of the program that we have put in place to provide for the responsible sourcing of 3TG contained in our products. The headings below conform to the headings used in the OECD Guidance for each of the five steps. Selected due diligence measures that we took in respect of calendar 2015 are discussed under "Due Diligence Program Execution."
 
 
2

 
 
1.
OECD Guidance Step One: "Establish strong company management systems"
 
 
a.
We have a Conflict Minerals Policy, as described earlier in this Conflict Minerals Report. The Conflict Minerals Policy is communicated internally by email and Intranet. The Conflict Minerals Policy also is communicated by email to suppliers and is posted on our website.
 
 
b.
We have a team of senior staff under the General Counsel charged with managing our 3TG compliance program. The following functional areas are represented on the working group: Internal Audit; Legal; Production/Licensing; and Trade and Customs. Appropriate members of these functional areas are educated on the Conflict Minerals Rule, the OECD Guidance, our compliance plan and the procedures for reviewing and validating supplier responses to our inquiries.
 
 
c.
We have a Standard Operating Procedure that contains standard processes, timelines and communications for our compliance with the Conflict Minerals Rule.
 
 
d.
We utilize the Conflict Minerals Reporting Template (the "CMRT") developed by the Conflict-Free Sourcing Initiative (the "CFSI") to identify smelters and refiners in our supply chain.
 
 
e.
Supplier requests for a completed CMRT are accompanied by the Conflict Minerals Policy or include a link to the policy.
 
 
f.
We consider on an ongoing basis whether suppliers may benefit from receiving training or orientation materials concerning the Conflict Minerals Rule, the OECD Guidance, the Conflict Minerals Policy and/or our survey process. If so, we either arrange for the supplier to receive those materials or recommend third-party training or informational resources to the supplier.
 
 
g.
We maintain records relating to 3TG due diligence, including records of due diligence processes, findings and resulting decisions, in an electronic database. Our policy is to maintain these records for at least five years.

 
h.
We have an anonymous email mailbox for employees, suppliers and other interested parties to report violations of our Conflict Minerals Policy. The email address is conflictmineralscompliance@michaelkors.com. The North American hotline through which parties may report violations is 1-855-224-4261.
 
 
2.
OECD Guidance Step Two: "Identify and assess risk in the supply chain"
 
 
a.
We request by email that suppliers provide us with information, through the completion of a CMRT, concerning the usage and source of 3TG in their products as well as their related compliance efforts. We follow up by email or phone with all suppliers that do not respond to the request within the specified time frame.
 
 
b.
We review the completed responses received from the suppliers for completeness, accuracy, reasonableness, credibility and "red flags" using written guidelines that we have developed. We follow up by email or phone with suppliers that submit a response that is rejected under our written guidelines, requesting the supplier to submit an updated or corrected CMRT.
 
 
c.
Smelter and refiner information provided by suppliers is reviewed against the Smelter Reference List tab of the CMRT and the list of known processing facilities published by the U.S. Department of Commerce. To the extent that a smelter or refiner identified by a supplier is not on either of these lists, we take additional steps to attempt to determine whether the listed entity is a smelter or refiner.
 
 
d.
Smelter and refiner information also is reviewed against the lists of "compliant" and "active" smelters and refiners published by the CFSI. To the extent that a smelter or refiner identified by a supplier is not listed as compliant by the CFSI, we request further information from the supplier, consult publicly available information or attempt to contact the smelter or refiner to determine whether it obtained 3TG from sources that directly or indirectly financed or benefitted armed groups in the DRC or an adjoining country.
 
 
3.
OECD Guidance Step Three: "Design and implement a strategy to respond to identified risks"
 
 
a.
Our 3TG compliance team reports the findings of its supply chain risk assessment to senior personnel in our Legal Department.
 
 
b.
If our due diligence does not result in a reasonable belief that the applicable 3TG originated outside of the DRC region or came from recycled or scrap sources, we assess the risk that the 3TG may benefit armed groups in the DRC region.
 
 
3

 
 
c.
Under our written procedures, risk mitigation measures include escalation of the supplier inquiry process, working with the supplier to establish a corrective action plan and possible termination of the supplier relationship.
 
 
d.
We annually assess whether our 3TG processes conform to our applicable written procedures and assess the compliance program against other specified measures and metrics.
 
 
4.
OECD Guidance Step Four: "Carry out independent third-party audit of supply chain due diligence at identified points in the supply chain"
 
To that extent that smelters or refiners of 3TG in our supply chain are identified to us, we utilize information made available by the CFSI concerning independent third-party audits of smelters and refiners.
 
 
5.
OECD Guidance Step 5: "Report on supply chain due diligence"
 
We file a Form SD, and to the extent applicable a Conflict Minerals Report, with the Securities and Exchange Commission and make these documents available on our website.
Due Diligence Program Execution
 
In furtherance of our 3TG due diligence in respect of calendar 2015, we performed the following due diligence measures. These were not all of the measures that we took in furtherance of our 3TG compliance program or pursuant to the Conflict Minerals Rule and the OECD Guidance. See "Due Diligence Program Design" for a discussion of selected elements of our design framework, which included many other items that are part of our compliance program.
 
 
1.
We sent requests to 168 Suppliers to provide us with a completed CMRT. We requested that the Suppliers furnish us with a completed template at the product level. We followed up by email or phone with the Suppliers that did not provide a response within the time frame specified in the request. We received responses from 78% of the Suppliers.

 
2.
We reviewed the completed responses received from the Suppliers for completeness, accuracy, reasonableness, credibility and "red flags" using the written guidelines that we developed. We then followed up with selected Suppliers as we determined to be appropriate based on the content of the responses.
 
 
4

 
 
3.
Our 3TG compliance team reported the findings of its compliance efforts in respect of calendar 2015 to senior personnel in our Legal Department.
 
 
4.
We arranged for our Suppliers to receive additional training materials concerning the Conflict Minerals Rule, which we believe contributed to an increase in the response rate for 2015 as compared to 2014, as well as our improvement in the quality of the responses received.
 
Product Information; Identified Smelters and Refiners
For calendar 2015, the following categories of products were potentially in-scope: accessories, including handbags and small leather goods, footwear, apparel, including womenswear, menswear, swimwear and outerwear, as well as watches, jewelry, eyewear, fragrance and beauty products, in each case to the extent these products include tin, tantalum, tungsten and/or gold that is necessary to their functionality or production.
For a further discussion of our products, see our Annual Report on Form 10-K for the fiscal year ended March 28, 2015 (the "Annual Report"). The information contained in our Annual Report is not incorporated by reference into our Form SD or this Conflict Minerals Report and should not be considered part of this report or the Form SD.
We endeavored to determine the mine or location of origin of the 3TG contained in our in-scope products by requesting that the Suppliers provide us with a completed CMRT at the product level and through the other measures described in this Conflict Minerals Report.
In connection with our RCOI or due diligence, as applicable, the Suppliers identified to us the facilities listed on Appendix A as potentially having processed the necessary 3TG contained in our potentially in-scope products for 2015. Due to our position in the supply chain, we rely on our suppliers for accurate smelter and refiner information. Our due diligence measures can not provide absolute certainty regarding the source and chain of custody of the necessary 3TG contained in our 2015 potentially in-scope products.
The table below presents a summary of the smelter and refiner information contained in Annex A. Of the 283 smelters and refiners identified to us by our Suppliers, 276 were identified only by a single Supplier that manufactures watches and jewelry for us. That Supplier provided smelter and refiner information relating to all of the products it manufactures, not just those products manufactured for us. Please see the notes accompanying Annex A for additional information relevant to the table below.
                     
 
 
Compliant
 
Active
 
On Reference List Only
Tantalum
 
46
 
0
 
1
Tin
 
59
 
10
 
8
Tungsten
 
26
 
8
 
2
Gold
 
79
 
13
 
31
Additional Risk Mitigation Efforts
 
We intend to take the following additional steps in respect of calendar 2016 to mitigate the risk that our necessary in-scope 3TG benefit armed groups:
 
 
1.
Have our internal audit function perform procedures to attest that our internal controls relating to 3TG are being followed.
 
 
2.
Encourage Suppliers that provided company level information for calendar 2015 to provide product level information for calendar 2016 through ongoing outreach with these Suppliers.
 
 
5

 
 
3.
Engage with Suppliers that provided incomplete responses or that did not provide responses for calendar 2015 to provide requested information for calendar 2016.
 
 
4.
Provide additional training to selected suppliers.

 
5.
Monitor and encourage the continuing development and progress of traceability measures at Suppliers that indicated for calendar 2015 that the source of 3TG was unknown or undeterminable.
 
 
6.
Communicate to new potentially in-scope suppliers our sourcing expectations, including through the dissemination of the Conflict Minerals Policy to them. In addition, as new in-scope suppliers are added, work with these suppliers to ensure that they understand the requirements of our Conflict Minerals Policy, the Conflict Minerals Rule and the OECD Guidance.

 
7.
Participate in selected industry initiatives to identify smelters and refiners in the supply chain.
 
     
All of the foregoing steps are in addition to the steps that we took in respect of our calendar 2015 inquiry, which we intend to continue to take in respect of our calendar 2016 inquiry to the extent applicable.
6


Annex A
Capitalized terms used and not otherwise defined in this Annex have the meanings indicated in our Conflict Minerals Report.
In connection with our RCOI or due diligence, as applicable, our Suppliers identified to us the smelters and refiners listed below as potentially having processed the necessary 3TG contained in our potentially in-scope products in 2015. As noted earlier in this Conflict Minerals Report, a single Supplier reported 276 of the 283 smelters and refiners listed below. That Supplier reported at a company level. Accordingly, a significant number of the smelters and refiners on this list may not have processed 3TG that is in products that we contracted to manufacture.
 
Metal
Smelter or Refiner
Country Location
Status
Gold
Aida Chemical Industries Co. Ltd.
JAPAN
Compliant
Gold
Allgemeine Gold-und Silberscheideanstalt A.G.
GERMANY
Compliant
Gold
AngloGold Ashanti Córrego do Sítio Minerção
BRAZIL
Compliant
Gold
Argor-Heraeus S.A.
SWITZERLAND
Compliant
Gold
Asahi Pretec Corporation
JAPAN
Compliant
Gold
Asahi Refining Canada Ltd.
CANADA
Compliant
Gold
Asahi Refining USA Inc.
UNITED STATES
Compliant
Gold
Asaka Riken Co Ltd
JAPAN
Compliant
Gold
Aurubis AG
GERMANY
Compliant
Gold
Bangko Sentral ng Pilipinas (Central Bank of the Philippines)
PHILIPPINES
Compliant
Gold
Boliden AB
SWEDEN
Compliant
Gold
C. Hafner GmbH + Co. KG
GERMANY
Compliant
Gold
CCR Refinery – Glencore Canada Corporation
CANADA
Compliant
Gold
Chimet S.p.A.
ITALY
Compliant
Gold
DODUCO GmbH
GERMANY
Compliant
Gold
Dowa
JAPAN
Compliant
Gold
Eco-System Recycling Co., Ltd.
JAPAN
Compliant
Gold
Elemetal Refining, LLC
UNITED STATES
Compliant
Gold
Heimerle + Meule GmbH
GERMANY
Compliant
Gold
Heraeus Ltd. Hong Kong
CHINA
Compliant
Gold
Heraeus Precious Metals GmbH & Co. KG
GERMANY
Compliant
Gold
Inner Mongolia Qiankun Gold and Silver Refinery Share Company Limited
CHINA
Compliant
Gold
Ishifuku Metal Industry Co., Ltd.
JAPAN
Compliant
Gold
Istanbul Gold Refinery
TURKEY
Compliant
Gold
Japan Mint
JAPAN
Compliant
Gold
Jiangxi Copper Company Limited
CHINA
Compliant
Gold
JSC Ekaterinburg Non-Ferrous Metal Processing Plant
RUSSIAN FEDERATION
Compliant
Gold
JSC Uralelectromed
RUSSIAN FEDERATION
Compliant
 
 
A-1

 
Gold
JX Nippon Mining & Metals Co., Ltd.
JAPAN
Compliant
Gold
Kennecott Utah Copper LLC
UNITED STATES
Compliant
Gold
Kojima Chemicals Co., Ltd
JAPAN
Compliant
Gold
LS-NIKKO Copper Inc.
KOREA, REPUBLIC OF
Compliant
Gold
Materion
UNITED STATES
Compliant
Gold
Matsuda Sangyo Co., Ltd.
JAPAN
Compliant
Gold
Metalor Technologies (Hong Kong) Ltd
HONG KONG
Compliant
Gold
Metalor Technologies (Singapore) Pte. Ltd.
SINGAPORE
Compliant
Gold
Metalor Technologies S.A.
SWITZERLAND
Compliant
Gold
Metalor USA Refining Corporation
UNITED STATES
Compliant
Gold
Metalúrgica Met-Mex Peñoles S.A. De C.V.
MEXICO
Compliant
Gold
Mitsubishi Materials Corporation
JAPAN
Compliant
Gold
Mitsui Mining and Smelting Co., Ltd.
JAPAN
Compliant
Gold
MMTC-PAMP India Pvt., Ltd.
INDIA
Compliant
Gold
Moscow Special Alloys Processing Plant
RUSSIAN FEDERATION
Compliant
Gold
Nadir Metal Rafineri San. Ve Tic. A.Ş.
TURKEY
Compliant
Gold
Nihon Material Co. LTD
JAPAN
Compliant
Gold
Ögussa Österreichische Gold- und Silber-Scheideanstalt GmbH
AUSTRIA
Compliant
Gold
Ohura Precious Metal Industry Co., Ltd.
JAPAN
Compliant
Gold
OJSC "The Gulidov Krasnoyarsk Non-Ferrous Metals Plant" (OJSC Krastvetmet)
RUSSIAN FEDERATION
Compliant
Gold
PAMP SA
SWITZERLAND
Compliant
Gold
Prioksky Plant of Non-Ferrous Metals
RUSSIAN FEDERATION
Compliant
Gold
PT Aneka Tambang (Persero) Tbk
INDONESIA
Compliant
Gold
PX Précinox SA
SWITZERLAND
Compliant
Gold
Rand Refinery (Pty) Ltd
SOUTH AFRICA
Compliant
Gold
Republic Metals Corporation
UNITED STATES
Compliant
Gold
Royal Canadian Mint
CANADA
Compliant
Gold
Schone Edelmetaal
NETHERLANDS
Compliant
Gold
SEMPSA Joyería Platería SA
SPAIN
Compliant
Gold
Shandong Zhaojin Gold & Silver Refinery Co. Ltd
CHINA
Compliant
Gold
Sichuan Tianze Precious Metals Co., Ltd.
CHINA
Compliant
Gold
SOE Shyolkovsky Factory of Secondary Precious Metals
RUSSIAN FEDERATION
Compliant
Gold
Solar Applied Materials Technology Corp.
TAIWAN
Compliant
Gold
Sumitomo Metal Mining Co., Ltd.
JAPAN
Compliant
Gold
T.C.A S.p.A
ITALY
Compliant
Gold
Tanaka Kikinzoku Kogyo K.K.
JAPAN
Compliant
Gold
The Refinery of Shandong Gold Mining Co Ltd
CHINA
Compliant
Gold
Tokuriki Honten Co., Ltd
JAPAN
Compliant
Gold
Umicore Brasil Ltda
BRAZIL
Compliant
 
 
A-2

 
Gold
Umicore SA Business Unit Precious Metals Refining
BELGIUM
Compliant
Gold
United Precious Metal Refining, Inc.
UNITED STATES
Compliant
Gold
Valcambi S.A.
SWITZERLAND
Compliant
Gold
Western Australian Mint trading as The Perth Mint
AUSTRALIA
Compliant
Gold
YAMAMOTO PRECIOUS METAL CO., LTD.
JAPAN
Compliant
Gold
Yokohama Metal Co Ltd
JAPAN
Compliant
Gold
Zhongyuan Gold Smelter of Zhongjin Gold Corporation
CHINA
Compliant
Gold
Kazzinc Ltd
KAZAKHSTAN
Compliant
Gold
OJSC Novosibirsk Refinery
RUSSIAN FEDERATION
Compliant
Gold
Singway Technology Co., Ltd.
TAIWAN
Compliant
Gold
Umicore Precious Metals Thailand
THAILAND
Compliant
Gold
Zijin Mining Group Co., Ltd. Gold Refinery
CHINA
Compliant
Gold
Advanced Chemical Company
UNITED STATES
Active
Gold
Almalyk Mining and Metallurgical Complex (AMMC)
UZBEKISTAN
Active
Gold
Cendres + Métaux S.A.
SWITZERLAND
Active
Gold
Daejin Indus Co., Ltd.
KOREA, REPUBLIC OF
Active
Gold
DSC (Do Sung Corporation)
KOREA, REPUBLIC OF
Active
Gold
Faggi Enrico S.p.A.
ITALY
Active
Gold
Geib Refining Corporation
UNITED STATES
Active
Gold
KGHM Polska Miedź Spółka Akcyjna
POLAND
Active
Gold
Metalor Technologies (Suzhou) Ltd.
CHINA
Active
Gold
Navoi Mining and Metallurgical Combinat
UZBEKISTAN
Active
Gold
Samduck Precious Metals
KOREA, REPUBLIC OF
Active
Gold
Torecom
KOREA, REPUBLIC OF
Active
Gold
WIELAND Edelmetalle GmbH
GERMANY
Active
Gold
Al Etihad Gold Refinery DMCC
UNITED ARAB EMIRATES
On Reference List Only
Gold
Atasay Kuyumculuk Sanayi Ve Ticaret A.S.
TURKEY
On Reference List Only
Gold
Bangalore Refinery Ltd.
INDIA
On Reference List Only
Gold
Caridad
MEXICO
On Reference List Only
Gold
China National Gold Group Corporation
CHINA
On Reference List Only
Gold
Chugai Mining
JAPAN
On Reference List Only
Gold
Codelco
CHILE
On Reference List Only
Gold
Daye Non-Ferrous Metals Mining Ltd.
CHINA
On Reference List Only
Gold
Gansu Seemine Material Hi-Tech Co., Ltd.
CHINA
On Reference List Only
Gold
Great Wall Precious Metals Co., Ltd. of CBPM
CHINA
On Reference List Only
Gold
Guangdong Jinding Gold Limited
CHINA
On Reference List Only
Gold
Guoda Safina High-Tech Environmental Refinery Co., Ltd.
CHINA
On Reference List Only
Gold
Hangzhou Fuchunjiang Smelting Co., Ltd.
CHINA
On Reference List Only
Gold
Hunan Chenzhou Mining Industry Group
CHINA
On Reference List Only
Gold
Hwasung CJ Co., Ltd.
KOREA, REPUBLIC OF
On Reference List Only
 
 
A-3

 
Gold
Johnson Matthey
SWITZERLAND
On Reference List Only
Gold
Kazakhmys Smelting LLC
KAZAKHSTAN
On Reference List Only
Gold
Korea Metal Co. Ltd
KOREA, REPUBLIC OF
On Reference List Only
Gold
Kyrgyzaltyn JSC
KYRGYZSTAN
On Reference List Only
Gold
L' azurde Company For Jewelry
SAUDI ARABIA
On Reference List Only
Gold
Lingbao Gold Company Limited
CHINA
On Reference List Only
Gold
Lingbao Jinyuan Tonghui Refinery Co., Ltd.
CHINA
On Reference List Only
Gold
Luoyang Zijin Yinhui Gold Refinery Co., Ltd.
CHINA
On Reference List Only
Gold
Morris and Watson
NEW ZEALAND
On Reference List Only
Gold
Penglai Penggang Gold Industry Co., Ltd.
CHINA
On Reference List Only
Gold
Sabin Metal Corp.
UNITED STATES
On Reference List Only
Gold
SAMWON METALS Corp.
KOREA, REPUBLIC OF
On Reference List Only
Gold
Shandong Tiancheng Biological Gold Industrial Co., Ltd.
CHINA
On Reference List Only
Gold
So Accurate Group, Inc.
UNITED STATES
On Reference List Only
Gold
Tongling nonferrous Metals Group Co.,Ltd
CHINA
On Reference List Only
Gold
Yunnan Copper Industry Co Ltd
CHINA
On Reference List Only
Tantalum
Changsha South Tantalum Niobium Co., Ltd.
CHINA
Compliant
Tantalum
Conghua Tantalum and Niobium Smeltry
CHINA
Compliant
Tantalum
D Block Metals, LLC
UNITED STATES
Compliant
Tantalum
Duoluoshan
CHINA
Compliant
Tantalum
Exotech Inc.
UNITED STATES
Compliant
Tantalum
F&X Electro-Materials Ltd.
CHINA
Compliant
Tantalum
FIR Metals & Resource Ltd.
CHINA
Compliant
Tantalum
Global Advanced Metals
UNITED STATES
Compliant
Tantalum
Global Advanced Metals Aizu
JAPAN
Compliant
Tantalum
Global Advanced Metals Boyertown
UNITED STATES
Compliant
Tantalum
Guangdong Zhiyuan New Material Co., Ltd.
CHINA
Compliant
Tantalum
H.C. Starck Co., Ltd.
THAILAND
Compliant
Tantalum
H.C. Starck GmbH Goslar
GERMANY
Compliant
Tantalum
H.C. Starck GmbH Laufenburg
GERMANY
Compliant
Tantalum
H.C. Starck Hermsdorf GmbH
GERMANY
Compliant
Tantalum
H.C. Starck Inc.
UNITED STATES
Compliant
Tantalum
H.C. Starck Ltd.
JAPAN
Compliant
Tantalum
H.C. Starck Smelting GmbH & Co.KG
GERMANY
Compliant
Tantalum
Hengyang King Xing Lifeng New Materials Co., Ltd.
CHINA
Compliant
Tantalum
Hi-Temp Specialty Metals, Inc.
UNITED STATES
Compliant
Tantalum
Jiangxi Dinghai Tantalum & Niobium Co., Ltd.
CHINA
Compliant
Tantalum
JiuJiang JinXin Nonferrous Metals Co., Ltd.
CHINA
Compliant
Tantalum
Jiujiang Tanbre Co., Ltd.
CHINA
Compliant
Tantalum
Jiujiang Zhongao Tantalum & Niobium Co., Ltd.
CHINA
Compliant
Tantalum
KEMET Blue Metals
MEXICO
Compliant
Tantalum
KEMET Blue Powder
UNITED STATES
Compliant
 
 
A-4

 
Tantalum
King-Tan Tantalum Industry Ltd.
CHINA
Compliant
Tantalum
LSM Brasil S.A.
BRAZIL
Compliant
Tantalum
Metallurgical Products India Pvt., Ltd.
INDIA
Compliant
Tantalum
Mineração Taboca S.A.
BRAZIL
Compliant
Tantalum
Mitsui Mining & Smelting
JAPAN
Compliant
Tantalum
Molycorp Silmet A.S.
ESTONIA
Compliant
Tantalum
Ningxia Orient Tantalum Industry Co., Ltd.
CHINA
Compliant
Tantalum
Plansee SE Liezen
AUSTRIA
Compliant
Tantalum
Plansee SE Reutte
AUSTRIA
Compliant
Tantalum
QuantumClean
UNITED STATES
Compliant
Tantalum
Resind Indústria e Comércio Ltda.
BRAZIL
Compliant
Tantalum
RFH Tantalum Smeltry Co., Ltd.
CHINA
Compliant
Tantalum
Solikamsk Magnesium Works OAO
RUSSIAN FEDERATION
Compliant
Tantalum
Taki Chemicals
JAPAN
Compliant
Tantalum
Telex
UNITED STATES
Compliant
Tantalum
Tranzact, Inc.
UNITED STATES
Compliant
Tantalum
Ulba Metallurgical Plant JSC
KAZAKHSTAN
Compliant
Tantalum
XinXing HaoRong Electronic Material Co., Ltd.
CHINA
Compliant
Tantalum
Yichun Jin Yang Rare Metal Co., Ltd.
CHINA
Compliant
Tantalum
Zhuzhou Cemented Carbide
CHINA
Compliant
Tantalum
Plansee
AUSTRIA
On Reference List Only
Tin
Alpha
UNITED STATES
Compliant
Tin
China Tin Group Co., Ltd.
CHINA
Compliant
Tin
Cooperativa Metalurgica de Rondônia Ltda.
BRAZIL
Compliant
Tin
CV Ayi Jaya
INDONESIA
Compliant
Tin
CV Gita Pesona
INDONESIA
Compliant
Tin
CV Serumpun Sebalai
INDONESIA
Compliant
Tin
CV United Smelting
INDONESIA
Compliant
Tin
CV Venus Inti Perkasa
INDONESIA
Compliant
Tin
Dowa
JAPAN
Compliant
Tin
Elmet S.L.U. (Metallo Group)
SPAIN
Compliant
Tin
EM Vinto
BOLIVIA
Compliant
Tin
Fenix Metals
POLAND
Compliant
Tin
Gejiu Non-Ferrous Metal Processing Co., Ltd.
CHINA
Compliant
Tin
Jiangxi Ketai Advanced Material Co., Ltd.
CHINA
Compliant
Tin
Magnu's Minerais Metais e Ligas Ltda.
BRAZIL
Compliant
Tin
Malaysia Smelting Corporation (MSC)
MALAYSIA
Compliant
Tin
Melt Metais e Ligas S/A
BRAZIL
Compliant
Tin
Metallic Resources, Inc.
UNITED STATES
Compliant
Tin
Metallo-Chimique N.V.
BELGIUM
Compliant
Tin
Mineração Taboca S.A.
BRAZIL
Compliant
Tin
Minsur
PERU
Compliant
Tin
Mitsubishi Materials Corporation
JAPAN
Compliant
 
 
A-5

 
Tin
O.M. Manufacturing (Thailand) Co., Ltd.
THAILAND
Compliant
Tin
O.M. Manufacturing Philippines, Inc.
PHILIPPINES
Compliant
Tin
Operaciones Metalurgical S.A.
BOLIVIA
Compliant
Tin
PT Aries Kencana Sejahtera
INDONESIA
Compliant
Tin
PT Artha Cipta Langgeng
INDONESIA
Compliant
Tin
PT ATD Makmur Mandiri Jaya
INDONESIA
Compliant
Tin
PT Babel Inti Perkasa
INDONESIA
Compliant
Tin
PT Bangka Prima Tin
INDONESIA
Compliant
Tin
PT Bangka Tin Industry
INDONESIA
Compliant
Tin
PT Belitung Industri Sejahtera
INDONESIA
Compliant
Tin
PT BilliTin Makmur Lestari
INDONESIA
Compliant
Tin
PT Bukit Timah
INDONESIA
Compliant
Tin
PT Cipta Persada Mulia
INDONESIA
Compliant
Tin
PT DS Jaya Abadi
INDONESIA
Compliant
Tin
PT Eunindo Usaha Mandiri
INDONESIA
Compliant
Tin
PT Inti Stania Prima
INDONESIA
Compliant
Tin
PT Justindo
INDONESIA
Compliant
Tin
PT Mitra Stania Prima
INDONESIA
Compliant
Tin
PT Panca Mega Persada
INDONESIA
Compliant
Tin
PT Prima Timah Utama
INDONESIA
Compliant
Tin
PT Refined Bangka Tin
INDONESIA
Compliant
Tin
PT Sariwiguna Binasentosa
INDONESIA
Compliant
Tin
PT Stanindo Inti Perkasa
INDONESIA
Compliant
Tin
PT Sukses Inti Makmur
INDONESIA
Compliant
Tin
PT Sumber Jaya Indah
INDONESIA
Compliant
Tin
PT Timah (Persero) Tbk Kundur
INDONESIA
Compliant
Tin
PT Timah (Persero) Tbk Mentok
INDONESIA
Compliant
Tin
PT Tinindo Inter Nusa
INDONESIA
Compliant
Tin
PT Tommy Utama
INDONESIA
Compliant
Tin
PT Wahana Perkit Jaya
INDONESIA
Compliant
Tin
Resind Indústria e Comércio Ltda.
BRAZIL
Compliant
Tin
Rui Da Hung
TAIWAN
Compliant
Tin
Soft Metais Ltda.
BRAZIL
Compliant
Tin
Thaisarco
THAILAND
Compliant
Tin
VQB Mineral and Trading Group JSC
VIET NAM
Compliant
Tin
White Solder Metalurgia e Mineração Ltda.
BRAZIL
Compliant
Tin
Yunnan Tin Company Limited
CHINA
Compliant
Tin
An Thai Minerals Company Limited
VIET NAM
Active
Tin
An Vinh Joint Stock Mineral Processing Company
VIET NAM
Active
Tin
Electro-Mechanical Facility of the Cao Bang Minerals & Metallurgy JSC
VIET NAM
Active
Tin
Gejiu Kai Meng Industry and Trade LLC
CHINA
Active
 
 
A-6

 
Tin
Gejiu Yunxin Nonferrous Electrolysis Co., Ltd.
CHINA
Active
Tin
Nghe Tinh Non-Ferrous Metals Joint Stock Company
VIET NAM
Active
Tin
Phoenix Metal Ltd.
RWANDA
Active
Tin
PT Karimun Mining
INDONESIA
Active
Tin
Tuyen Quang Non-Ferrous Metals Joint Stock Company
VIET NAM
Active
Tin
Yunnan Chengfeng Non-ferrous Metals Co., Ltd.
CHINA
Active
Tin
CNMC (Guangxi) PGMA Co., Ltd.
CHINA
On Reference List Only
Tin
Estanho de Rondônia S.A.
BRAZIL
On Reference List Only
Tin
Feinhütte Halsbrücke GmbH
GERMANY
On Reference List Only
Tin
Gejiu Zili Mining And Metallurgy Co., Ltd.
CHINA
On Reference List Only
Tin
Hachinohe Smelting Company
JAPAN
On Reference List Only
Tin
Huichang Jinshunda Tin Co., Ltd.
CHINA
On Reference List Only
Tin
Linwu Xianggui Ore Smelting Co., Ltd.
CHINA
On Reference List Only
Tin
PT Tirus Putra Mandiri
INDONESIA
On Reference List Only
Tungsten
A.L.M.T. TUNGSTEN Corp.
JAPAN
Compliant
Tungsten
Chenzhou Diamond Tungsten Products Co., Ltd.
CHINA
Compliant
Tungsten
Chongyi Zhangyuan Tungsten Co Ltd
CHINA
Compliant
Tungsten
Fujian Jinxin Tungsten Co., Ltd.
CHINA
Compliant
Tungsten
Ganzhou Huaxing Tungsten Products Co., Ltd.
CHINA
Compliant
Tungsten
Ganzhou Seadragon W & Mo Co., Ltd.
CHINA
Compliant
Tungsten
Ganzhou Yatai Tungsten Co., Ltd.
CHINA
Compliant
Tungsten
Global Tungsten & Powders Corp.
UNITED STATES
Compliant
Tungsten
Guangdong Xianglu Tungsten Co., Ltd.
CHINA
Compliant
Tungsten
H.C. Starck GmbH
GERMANY
Compliant
Tungsten
H.C. Starck Smelting GmbH & Co.KG
GERMANY
Compliant
Tungsten
Hunan Chenzhou Mining Co., Ltd.
CHINA
Compliant
Tungsten
Hunan Chunchang Nonferrous Metals Co., Ltd.
CHINA
Compliant
Tungsten
Hydrometallurg, JSC
RUSSIAN FEDERATION
Compliant
Tungsten
Japan New Metals Co Ltd
JAPAN
Compliant
Tungsten
Jiangxi Gan Bei Tungsten Co., Ltd.
CHINA
Compliant
Tungsten
Jiangxi Xiushui Xianggan Nonferrous Metals Co., Ltd.
CHINA
Compliant
Tungsten
Kennametal Huntsville
UNITED STATES
Compliant
Tungsten
Malipo Haiyu Tungsten Co., Ltd.
CHINA
Compliant
Tungsten
Niagara Refining LLC
UNITED STATES
Compliant
Tungsten
Nui Phao H.C. Starck Tungsten Chemicals Manufacturing LLC
VIET NAM
Compliant
Tungsten
Tejing (Vietnam) Tungsten Co., Ltd.
VIET NAM
Compliant
Tungsten
Wolfram Bergbau und Hütten AG
AUSTRIA
Compliant
Tungsten
Xiamen Tungsten (H.C.) Co., Ltd.
CHINA
Compliant
 
 
A-7

 
Tungsten
Xiamen Tungsten Co., Ltd.
CHINA
Compliant
Tungsten
Xinhai Rendan Shaoguan Tungsten Co., Ltd.
CHINA
Compliant
Tungsten
Dayu Jincheng Tungsten Industry Co., Ltd.
CHINA
Active
Tungsten
Dayu Weiliang Tungsten Co., Ltd.
CHINA
Active
Tungsten
Ganzhou Non-ferrous Metals Smelting Co., Ltd.
CHINA
Active
Tungsten
Jiangwu H.C. Starck Tungsten Products Co., Ltd.
CHINA
Active
Tungsten
Jiangxi Tonggu Non-ferrous Metallurgical & Chemical Co., Ltd.
CHINA
Active
Tungsten
Jiangxi Xinsheng Tungsten Industry Co., Ltd.
CHINA
Active
Tungsten
Jiangxi Yaosheng Tungsten Co., Ltd.
CHINA
Active
Tungsten
Pobedit, JSC
RUSSIAN FEDERATION
Active
Tungsten
Jiangxi Minmetals Gao'an Non-ferrous Metals Co., Ltd.
CHINA
On Reference List Only
Tungsten
Sanher Tungsten Vietnam Co., Ltd.
VIET NAM
On Reference List Only

We note the following in connection with the information in the table:
 
 
(a)
Not all of the included smelters and refiners may have processed the necessary 3TG contained in our in-scope products, since some Suppliers reported at a "company level," meaning that they reported the 3TG contained in all of their products, not just those in the products that they manufactured for us. Some Suppliers also may have reported smelters and refiners that were not in our supply chain due to over-inclusiveness in the information received from their suppliers or for other reasons. In addition, the smelters and refiners reflected above may not include all of the smelters and refiners in our supply chain, since some Suppliers did not identify all of the smelters and refiners used to process the necessary 3TG content contained in our in-scope products and because not all Suppliers responded to our inquiries.
 
 
(b)
All information in the table is as of May 26, 2016.
 
 
(c)
"Compliant" means that the smelter or refiner was compliant with the CFSI's Conflict-Free Smelter Program's ("CFSP") assessment protocols, including through mutual recognition and those indicated as "Re-audit in process." Included smelters or refiners were not necessarily Compliant for all or part of 2015 and may not continue to be Compliant for any future period.

 
(d)
"Active" means that the smelter or refiner is listed by the CFSI as having submitted a signed Agreement for the Exchange of Confidential Information and Auditee Agreement contracts to the CFSP or, according to information published by the CFSI, the smelter has agreed to complete a CFSP validation audit within two years of membership issuance by the Tungsten Industry – Conflict Minerals Council.
 
 
(e)
"On Reference List Only" means the smelter or refiner is not listed as "Compliant" or "Active."
 
 
(f)
The compliance status reflected in the table is based solely on information made publicly available by the CFSI, without independent verification by us.
 
 
(g)
Country location is the location of the smelter or refiner.
Country of Origin Information
The countries of origin of the 3TG processed by the Compliant smelters and refiners listed above may have included countries in each of the categories listed below. The countries below are sorted by risk level.
 
A-8

L1 – Countries that are not identified as conflict regions or plausible areas of smuggling or export from the DRC and its nine adjoining regions: Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Cambodia, Canada, Chile, China, Colombia, Cote d'Ivoire, Czech Republic, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, France, Germany, Guyana, Hungary, India, Indonesia, Ireland, Israel, Japan, Kazakhstan, Laos, Luxembourg, Madagascar, Malaysia, Mongolia, Myanmar, Namibia, Netherlands, Nigeria, Peru, Portugal, Russia, Sierra Leone, Singapore, Slovakia, South Korea, Spain, Suriname, Switzerland, Taiwan, Thailand, United Kingdom, United States, Vietnam and Zimbabwe.
L2 – Countries that are known or plausible countries for smuggling, export out of region or transit of materials containing 3TG: Kenya, Mozambique and South Africa.
L3 – The DRC and its nine adjoining countries: Angola, Burundi, Central African Republic, Republic of Congo, Rwanda, South Sudan, Uganda, United Republic of Tanzania and Zambia.
DRC – The Democratic Republic of the Congo.
In addition, some of the listed Compliant smelters and refiners may have processed 3TG originating from recycled or scrap sources.
For 2015, we were not able to determine the country of origin of the 3TG processed by any of the smelters or refiners listed as "Active" or "On Reference List Only."
 
 
A-9