EX-1.01 2 exhibit101_05302023.htm CONFLICT MINERALS REPORT Document


Exhibit 1.01


2022 Conflict Minerals Report

Lowe’s Companies, Inc. (the “Company” or “Lowe’s”) has included this Conflict Minerals Report as an exhibit to Form SD for the reporting period from January 1 to December 31, 2022, as provided for in Rule 13p-1 under the Securities Exchange Act of 1934, as amended. Unless the context indicates otherwise, the terms “Company,” “we,” “us” and “our” refer to Lowe’s and its consolidated subsidiaries.

I.    Overview
Lowe’s has developed and implemented a reasonable and documented due diligence process, consistent with the Organisation for Economic Co-operation and Development (“OECD”) Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, Third Edition and accompanying Supplements (the “OECD Guidance”), to determine the source and chain of custody of columbite-tantalite (also known as coltan), cassiterite, wolframite, gold and their derivatives tantalum, tin and tungsten (collectively, “3TG”) that are necessary to the functionality or production of products in our private brand product portfolio, and specifically, whether any 3TG originated in the Democratic Republic of the Congo or an adjoining country (collectively, the “Covered Countries”).

Based on the due diligence steps described in Section IV, we found no reason to believe that the products in our private brand product portfolio were manufactured with necessary 3TG sourced from smelters or refiners (“SORs”) that directly or indirectly financed or benefited armed groups within the Covered Countries.

II.     Product Description

Lowe’s evaluated the application of the terms “manufacture” and “contract to manufacture” (as used in Rule 13p-1) as they relate to the Company’s products, including products over which the Company may have specific influence in the manufacturing process and so may be products the Company is deemed to have “contracted to manufacture.” We then identified product groups for which 3TG may be necessary to the functionality or production. Lowe’s determined (i) it may have specific influence in the manufacturing process of, and therefore be deemed to have “contracted to manufacture,” certain products in our private brand product portfolio and (ii) these products in our private brand product portfolio may include 3TG that is necessary to the functionality or production of those products (the “Covered Products”). The Covered Products are identified in the product groups listed in Attachment C to this Conflict Minerals Report.

III.     Reasonable Country of Origin Inquiry

Lowe’s conducted a good faith reasonable country of origin inquiry (“RCOI”) on the source and chain of custody of the 3TG in the Covered Products by sending out the Conflict Minerals Reporting Template (“CMRT”) and reviewing smelter certifications through our membership in the Responsible Minerals Initiative (“RMI”), that we believe was reasonably designed to determine whether any of the necessary 3TG that may be contained in the Covered Products originated in the Covered Countries or came from recycled or scrap sources.

We do not directly source minerals from SORs or mines, nor do we have direct knowledge of the country of origin and chain of custody of 3TG in our supply chain. Our supply chain is complex and there are many intermediaries between us and mines from which participants in our supply chain source minerals. As a result, we must rely on our direct vendors and suppliers for information relating to the 3TG in the products we source from them, who in turn often similarly rely on their own vendors and suppliers as they too are often far removed from the actual source of any 3TG.

In conducting the RCOI, Lowe’s solicited information from vendors who supplied the Covered Products to Lowe’s for which 3TG may be necessary to the functionality or production regarding the inclusion of 3TG in those products including, but not limited to, the country of origin of the 3TG. For this process, Lowe’s used the CMRT published by the RMI, formerly the Conflict-Free Sourcing Initiative.

As a result of the RCOI, Lowe’s has reason to believe that certain of the necessary 3TG that may be contained in the Covered Products may have originated in the Covered Countries. Lowe’s therefore conducted further due diligence on the source and chain of custody of the necessary 3TG that may be contained in the Covered Products.

Based on the due diligence described below, Lowe’s believes the facilities used to process the necessary 3TG that may be in the Covered Products include 133 different SORs, 104 of which are RMAP Conformant (as defined below). None of the remaining 29 SORs, which are not RMAP Conformant, are located in the Covered Countries.




1




IV.    Due Diligence

Due Diligence Design

The design of the Company’s due diligence framework conforms to the five steps of the OECD Guidance.

Due Diligence Measures Performed

OECD Guidance Step 1 - Establish Strong Company Management Systems. Lowe’s Conflict Minerals Compliance Program is under the leadership of the Senior Vice President, Global Merchandising and the Executive Vice President, Merchandising, to whom the Responsible Sourcing team provides updates regarding the program results. The compliance program is administered by the Responsible Sourcing team, which works closely with various internal departments and external vendors to manage the process of supply chain due diligence to fulfill Lowe’s 3TG reporting and disclosure requirements. The Responsible Sourcing team engages with stakeholders both internally and externally, conducts internal training and educational sessions, and collects and analyzes data to establish the source and chain of custody of 3TG in the Lowe’s supply chain. The Responsible Sourcing team also discusses the findings and results of the due diligence process with the Executive Vice President, Merchandising and the Executive Vice President, Chief Legal Officer, Chief Compliance Officer and Corporate Secretary and reports the due diligence framework and findings as contained in this Conflict Minerals Report to the Sustainability Committee of the Lowe’s Board of Directors.

Lowe’s is committed to sourcing materials from socially responsible suppliers, including certified/conflict-free SORs within the Covered Countries. Lowe’s has adopted a Conflict Minerals Policy and communicated the principles thereof to its vendors and the public. The principles of the Lowe’s Conflict Minerals Policy are included in Lowe’s Vendor Code of Conduct, which applies to all vendors who provide services and goods to Lowe’s or any of its subsidiaries. Lowe’s Conflict Minerals Policy is publicly available on the Company’s website at: https://corporate.lowes.com/our-responsibilities/corporate-responsibility-reports-policies/lowes-conflict-minerals-policy. Our management systems include education, engagement and oversight regarding these principles, which are overseen by the Responsible Sourcing team. Accordingly, we expect our vendors to (i) source materials from socially responsible suppliers, including certified/conflict-free SORs within the Covered Countries, (ii) work with us to determine the potential use of 3TG in our supply chain and (iii) conduct the necessary due diligence and provide us with proper verification of the source of materials used in their products. The Vendor Code of Conduct also details how to file a grievance with the Company and is publicly available at the following website:

https://www.loweslink.com/llmain/pubdocuments/lgsbusinessethics.pdf

OECD Guidance Step 2 - Identify and Assess Conflict Mineral Risk in the Supply Chain. Lowe’s established an internal Conflict Minerals Compliance Program, which included the creation of the Company’s Conflict Minerals Policy. The Responsible Sourcing team met with representatives from various departments within Lowe’s, identified product groups for which 3TG may be necessary to the functionality or production, as described above, and mapped the products within these product groups to their respective vendors in the supply chain. Based on interviews with representatives from various departments, the Responsible Sourcing team initially evaluated approximately 13,000 products in the private brand product portfolio which were sourced from approximately 404 vendors to determine whether 3TG may be necessary to the functionality or production of such Covered Products. The number of evaluated Covered Products and relevant vendors increased as compared to the prior year due to adding special order sales (“SOS”) items to our scope. Following this initial evaluation, 165 vendors of approximately 3,894 Covered Products received a notification describing the Company’s Conflict Minerals Compliance Program requirements, expectations, and a link to the 3TG survey. Thereafter, using the CMRT, the Responsible Sourcing team solicited information from those vendors regarding the inclusion of 3TG in the Covered Products they supply to Lowe’s including, but not limited to, the mine or country of origin of such 3TG.

Non-responsive suppliers received multiple follow-up emails reminding them of the Company’s initial survey response target date in an effort to encourage completion of the CMRT. The Responsible Sourcing team worked directly with non-responsive suppliers to identify any issue the suppliers had in completing and returning the CMRT.

Lowe’s received CMRT responses from all vendors surveyed, or 100% of the population of Covered Products surveyed.






2



OECD Guidance Step 3 - Design and Implement a Strategy to Respond to Identified Conflict Mineral Risks. The Responsible Sourcing team evaluated all CMRT responses for accuracy and consistency. Additionally, the Responsible Sourcing team contacted vendors to address issues with the accuracy of their statements regarding the lack of presence of 3TG in their in-scope products, incomplete data or non-identification of a SOR. If a SOR was identified, the Responsible Sourcing team determined whether the SOR was certified as “compliant” or the equivalent by the RMI (referred to as “RMAP Conformant”). The Responsible Sourcing team also developed a CMRT training document for vendors to reference in order to provide Lowe’s with confidence of the quality and depth of a vendor’s due diligence in their own supply chain.

In addition to the reporting system in place discussed in Step 1, the Responsible Sourcing team adopted a risk assessment procedure, pursuant to which the Responsible Sourcing team will, based on the 3TG results identified in Step 2, analyze and evaluate vendor responses against an established list of risk indicators to identify potential risks within the Company’s supply chain and re-evaluate the Company’s standard operating procedure to identify and act upon such risks.

OECD Guidance Step 4 - Carry Out Independent Third-Party Audit of Supply Chain Due Diligence at Identified Points in the Supply Chain. In connection with our due diligence, Lowe’s uses and relies upon information made available by the RMI concerning its independent third-party audits of SORs to determine whether the SOR is RMAP Conformant. Through its membership in the RMI, Lowe’s supports industry-level implementation of independent third-party audits of SORs.

OECD Guidance Step 5 - Report on Supply Chain Due Diligence. Lowe’s files a Form SD and Conflict Minerals Report with the Securities and Exchange Commission (the “SEC”).

V.     Independent Private Sector Audit (“IPSA”) In accordance with guidance issued by the SEC on April 29, 2014, Lowe’s is not required to submit, and is not submitting, an audit report of this Conflict Minerals Report prepared by an independent private sector auditor.

VI.     Due Diligence Results Within the Conflict Minerals Policy, Lowe’s encourages all of our vendors to use RMAP Conformant SORs if they source from the Covered Countries. Based on information provided in vendor surveys and our own reasonable due diligence efforts, we believe the facilities used to process the necessary 3TG that may be in the Covered Products include 133 different SORs. Those SORs and their respective country locations are set forth in Attachment A to this Conflict Minerals Report. Based on a review of the RMI SOR database, 104 of these SORs are RMAP Conformant, which accounts for approximately 78% of the 133 SORs. Where applicable, Lowe’s notifies vendors that they source 3TG from SORs that are not RMAP Conformant. We have no reason to believe any of the 29 SORs that are not RMAP Conformant sourced necessary 3TG from the Covered Countries.
Smelters and Refiners Verified as RMI Certified
Tin59 of 84 (70%)
Tantalum3 of 3 (100%)
Tungsten6 of 7 (86%)
Gold36 of 39 (92%)
Total104 of 133 (78%)

Based on information provided by vendors, as well as from the RMI, we believe the countries of origin of the necessary 3TG in the Covered Products include the countries listed in Attachment B. Vendors provided information on 22 countries of origin.

VII.    2023 Compliance Activities Lowe’s intends to undertake the following steps during 2023 to improve our due diligence to further mitigate any risk that the necessary 3TG that may be in our Covered Products benefit armed groups in the Covered Countries, including:
Continue to engage the Company’s supply chain to obtain current, accurate and complete information about the supply chain and implement responsible sourcing, including continuing to encourage all of our vendors to use RMAP Conformant SORs;
Continue training internal teams regarding 3TG and our due diligence process;
Work with the RMI to define and improve best practices and build leverage over the supply chain in accordance with the OECD Guidance; and
Continue to monitor supply chain developments in the Covered Countries, as well as other similar supply chain issues and SOR improvements, including a review of previously non-RMAP Conformant SORs to determine if they are now RMAP Conformant.




3




VIII.    Disclosure Regarding Forward-Looking Statements

This Conflict Minerals Report includes “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Statements including words such as “believe”, “expect”, “anticipate”, “plan”, “intend”, “will”, “should”, “could”, “would”, “may”, “strategy”, “potential”, “opportunity”, and similar expressions are forward-looking statements. Forward-looking statements involve, but are not limited to, statements about Lowe’s expected future vendor due diligence and engagement efforts and development of related processes. Such statements involve risks and uncertainties, and we can give no assurance that they will prove to be correct. Actual results may differ materially from those expressed or implied in such statements.

A wide variety of potential risks, uncertainties, and other factors could materially affect our ability to achieve the results either expressed or implied by these forward-looking statements including, but not limited to, regulatory changes and judicial developments relating to conflict minerals disclosure; changes in our supply chain or products; and industry developments relating to supply chain diligence, disclosure and other practices. Investors and others should carefully consider the foregoing factors and other uncertainties, risks and potential events including, but not limited to, those described in “Item 1A - Risk Factors” in our most recent Annual Report on Form 10-K and as may be updated from time to time in Item 1A in our quarterly reports on Form 10-Q or other subsequent filings with the SEC. All such forward-looking statements speak only as of the date they are made, and we do not undertake any obligation to update these statements other than as required by law.




4



Attachment A
MetalSmelter or Refiner NameCountry Location of Smelter or Refiner
TinAlpha *United States
TinAn Vinh Joint Stock Mineral Processing CompanyVietnam
TinChenzhou Yunxiang Mining and Metallurgy Co., Ltd. *China
TinChifeng Dajingzi Tin Industry Co., Ltd. *China
TinChina Tin Group Co., Ltd. *China
TinCRM Fundicao De Metais E Comercio De Equipamentos Eletronicos Do Brasil Ltda *Brazil
TinCRM Synergies *Spain
TinCV Ayi Jaya *Indonesia
TinCV Venus Inti Perkasa *Indonesia
TinDongguan CiEXPO Environmental Engineering Co., Ltd.China
TinDowa *Japan
TinDS Myanmar *Myanmar
TinElectro-Mechanical Facility of the Cao Bang Minerals & Metallurgy Joint Stock CompanyVietnam
TinEM Vinto *Bolivia
TinEstanho de Rondonia S.A. *Brazil
TinFabrica Auricchio Industria e Comercio Ltda. *Brazil
TinFenix Metals *Poland
TinGejiu City Fuxiang Industry and Trade Co., Ltd.China
TinGejiu Kai Meng Industry and Trade LLCChina
TinGejiu Non-Ferrous Metal Processing Co., Ltd. *China
TinGejiu Yunxin Nonferrous Electrolysis Co., Ltd.China
TinGejiu Zili Mining and Metallurgy Co., Ltd.China
TinGuangdong Hanhe Non-Ferrous Metal Co., Ltd. *China
TinJiangxi New Nanshan Technology Ltd. *China
TinLuna Smelter, Ltd. *Rwanda
TinMagnu’s Minerais Metais e Ligas Ltda. *Brazil
TinMalaysia Smelting Corporation (MSC) *Malaysia
TinMelt Metais e Ligas S.A. Brazil
TinMetallic Resources, Inc.*United States
TinMetallo Belgium N.V. *Belgium
TinMetallo Spain S.L.U. *Spain
TinMineração Taboca S.A. *Brazil
TinMinsur *Japan
TinMitsubishi Materials Corporation *Indonesia
TinModeltech Sdn BhdMalaysia
TinNghe Tinh Non-Ferrous Metals Joint Stock CompanyVietnam
TinO.M. Manufacturing (Thailand) Co., Ltd. *Thailand
TinO.M. Manufacturing Philippines, Inc. *Philippines
TinOperaciones Metalurgicas S.A. *Bolivia
TinPongpipat Company LimitedMyanmar
TinPrecious Minerals and Smelting LimitedIndia
TinPT Aries Kencana Sejahtera *Indonesia
TinPT Artha Cipta Langgeng *Indonesia
TinPT ATD Makmur Mandiri Jaya *Indonesia
TinPT Babel Inti Perkasa *Indonesia




5



MetalSmelter or Refiner NameCountry Location of Smelter or Refiner
TinPT Babel Surya Alam Lestari *Indonesia
TinPT Bangka Prima Tin *Indonesia
TinPT Bangka Serumpun *Indonesia
TinPT Bangka Tin IndustryIndonesia
TinPT Belitung Industri SejahteraIndonesia
TinPT Bukit Timah *Indonesia
TinPT Cipta Persada Mulia *Indonesia
TinPT Masbro Alam StaniaIndonesia
TinPT Menara Cipta Mulia *Indonesia
TinPT Mitra Stania Prima *Indonesia
TinPT Mitra Sukses Globalindo *Indonesia
TinPT Panca Mega PersadaIndonesia
TinPT Premium Tin Indonesia*Indonesia
TinPT Prima Timah Utama *Indonesia
TinPT Putera Sarana Shakti (PT PSS) *Indonesia
TinPT Rajawali Rimba Perkasa*Indonesia
TinPT Refined Bangka Tin *Indonesia
TinPT Sariwiguna Binasentosa *Indonesia
TinPT Stanindo Inti Perkasa *Indonesia
TinPT Sukses Inti Makmur *Indonesia
TinPT Timah NusantaraIndonesia
TinPT Timah Tbk Kundur *Indonesia
TinPT Timah Tbk Mentok *Indonesia
TinPT Tinindo Inter NusaIndonesia
TinPT Tirus Putra MandiriIndonesia
TinPT Tommy Utama *Indonesia
TinResind Indústria e Comércio Ltda. *Brazil
TinRui Da Hung *Taiwan
TinSoft Metais Ltda.Brazil
TinSuper LigasBrazil
TinThaisarco *Thailand
TinTin Technology & Refining *United States
TinTuyen Quang Non-Ferrous Metals Joint Stock CompanyVietnam
TinVQB Mineral and Trading Group JSCVietnam
TinWhite Solder Metalurgia e Mineracao Ltda. *Brazil
TinYunnan Chengfeng Non-ferrous Metals Co., Ltd. *China
TinYunnan Tin Company Limited *China
TinYunnan Yunfan Non-ferrous Metal Co., Ltd.China
TinZhuzhou Smelter Group Co., LtdChina
TungstenChongyi Zhangyuan Tungsten Co., Ltd. *China
TungstenFujian Jinxin Tungsten Co., Ltd.China
TungstenGanzhou Huaxing Tungsten Products Co., Ltd. *China
TungstenGanzhou Jiangwu Ferrotungsten Co., Ltd. *China
TungstenJiangxi Tonggu Non-ferrous Metallurgical & Chemical Co., Ltd. *China
TungstenJiangxi Xinsheng Tungsten Industry Co., Ltd. *China
TungstenXiamen Tungsten Co., Ltd. *China




6



MetalSmelter or Refiner NameCountry Location of Smelter or Refiner
TantalumJiangxi Tuohong New Raw Material *China
TantalumKEMET Blue Metals *Mexico
TantalumYanling Jincheng Tantalum Co., Ltd. *China
GoldAllgemeine Gold-und Silberscheideanstalt A.G. *Germany
GoldAngloGold Ashanti Corrego do Sitio Mineracao *Brazil
GoldArgor-Heraeus S.A. *Switzerland
GoldAsahi Refining Canada Ltd. *Canada
GoldAsahi Refining USA Inc. *United States
GoldAurubis AG *Germany
GoldBangko Sentral ng Pilipinas (Central Bank of the Philippines) *Philippines
GoldBoliden AB *Sweden
GoldC. Hafner GmbH + Co. KG *Germany
GoldCCR Refinery - Glencore Canada Corporation *Canada
GoldChimet S.p.A. *Italy
GoldDowa *Japan
GoldGuangdong Jinding Gold LimitedChina
GoldHeimerle + Meule GmbH *Germany
GoldHeraeus Metals Hong Kong Ltd. *China
GoldHeraeus Precious Metals GmbH & Co. KG *Germany
GoldIstanbul Gold Refinery *Turkey
GoldJiangxi Copper Co., Ltd.China
GoldJX Nippon Mining & Metals Co., Ltd. *Japan
GoldKennecott Utah Copper LLC *United States
GoldKorea Zinc Co., Ltd. *South Korea
GoldMetalor Technologies (Hong Kong) Ltd. *China
GoldMetalor Technologies (Singapore) Pte., Ltd. *Singapore
GoldMetalor Technologies (Suzhou) Ltd. *China
GoldMetalor Technologies S.A. *Switzerland
GoldMetalor USA Refining Corporation *United States
GoldMetalúrgica Met-Mex Peñoles S.A. De C.V. *Mexico
GoldMitsubishi Materials Corporation *Japan
GoldPAMP S.A. *Switzerland
GoldRoyal Canadian Mint *Canada
GoldSamduck Precious MetalsSouth Korea
GoldShandong Gold Smelting Co., Ltd. *China
GoldShandong Zhaojin Gold & Silver Refinery Co., Ltd. *China
GoldT.C.A S.p.A *Italy
GoldTanaka Kikinzoku Kogyo K.K. *Japan
GoldTorecom *South Korea
GoldUmicore S.A. Business Unit Precious Metals Refining *Belgium
GoldUnited Precious Metal Refining, Inc. *United States
GoldZhongyuan Gold Smelter of Zhongjin Gold Corporation *China
* Smelter or refiner certified RMAP Conformant by the Responsible Minerals Initiative




7



Attachment B

Countries of Origin
BoliviaMalaysia
BrazilMexico
CanadaMyanmar
ChileNorth Kivu Province, DRC*
ChinaPeru
GermanyRwanda*
IndiaSpain
IndonesiaSweden
ItalyTurkey
JapanUSA
South KoreaVietnam

* Mines located within the Covered Countries with 3TG processed by RMAP Conformant SORs




8



Attachment C

Product Groups

The following product groups include Covered Products subject to the due diligence described in the Conflict Minerals Report:

ApplicatorsMini Pendants
Bath DécorMirrors
Bath FaucetsOnline Cabinets
Bath Organization & AccessoriesOutdoor Heat
Bath SafetyPaint Tools
BathingPatio
Bathroom and Pedestal SinksPlastic Storage
Battery LifestylePlumbing Tools
Battery MowersRange Hoods
Cabinet HardwareRegisters and Grills
Ceiling FansScrewdrivers
Chainsaws & PolesawsShowering Products
ChandeliersSmall Appliances
Closet AccessoriesSoft Window
Closet OrganizationSOS Bath Décor
Cordless Drills and Combo KitsSOS Bath Safety
Curtains Rods Rings and LinersSOS Décor Lighting
Custom CabinetsSOS Faucets
Décor ShelvingSOS Indoor Furniture
DisposersSOS Medicine Cabinets & Vanity Mirror
Drain Cleaning ToolsSOS Vanities & Tops
Electrical Tools and TestersStock Cabinets
FlashlightsStock Laminate Flooring
Flooring ToolsString Trimmers and Augers
Hammers, Prybars and Cold ChiselsTabletop
Handheld Cutting and GrindingTimers and Surge Protectors
Hedge Trimmers & EdgersToilets
HumidifiersTool Storage
Indoor FurnitureTrack Lighting
Interior Wall PanelsUtility Knives
Kitchen FaucetsVanities
Kitchen OrganizationVanity Lighting
Laundry TubsVanity Tops
Leaf BlowersWall Decor
Measuring ToolsWall Plates
Medicine Cabinets & Vanity Mirrors





9