Guidance to Oclaro Suppliers & Partners: Sourcing of Minerals originating in the Democratic Republic of Congo “Conflict Minerals”
Oclaro takes seriously the allegations that the production and trade of certain “conflict minerals” (tantalum, tin, tungsten and gold, as well as other minerals that may be designated by the U.S. Secretary of State) originating from the Democratic Republic of Congo and adjoining countries (collectively, the “Covered Countries”) may be funding violent conflicts in that region.
Section 1502 of the Dodd-Frank Wall Street Reform Act, as implemented by “final rules” issued by the U.S. Securities and Exchange Commission in August 2012, requires Oclaro and other U.S. public companies to report annually on whether any conflict minerals originating in the Covered Countries are contained in their products and, in some cases, to disclose the steps such companies have taken or will take to mitigate the risk that their conflict minerals benefit armed groups in the Covered Countries.
Oclaro is committed to sourcing minerals, including conflict minerals, in a manner that respects human rights, ethics and environmental sustainability. As part of Oclaro’s commitment to corporate responsibility and respecting human rights in its operations and in its global supply chain, Oclaro endorses the Electronic Industry Citizenship Coalition (“EICC”) Code of Conduct. In addition, Oclaro will exercise due diligence with relevant suppliers consistent with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and encourages its suppliers to do likewise with their suppliers.
Oclaro also expects its suppliers to commit to the EICC Code of Conduct, which includes a provision related to the responsible sourcing of conflict minerals. Pursuant to the EICC Code of Conduct, Oclaro’s suppliers must have in place policies and due diligence measures that will enable Oclaro to reasonably determine that the conflict minerals contained in its products are “DRC Conflict Free” (meaning that such conflict minerals do not directly or indirectly finance or benefit armed groups in the Covered Countries). Suppliers must ensure that all parts used to manufacture products supplied to Oclaro originated from certified conflict-free smelters validated as compliant to the EICC Conflict-Free Smelter (“CFS”) protocol, using the CFS Compliant Smelter List. The list of compliant smelters and refiners is posted at Conflict-Free Smelter (CFS) Program. In seeking to meet these expectations, Oclaro’s suppliers will be expected to provide timely and accurate information, at Oclaro’s request, regarding the source of Conflict Minerals in Oclaro’s supply chain.
SEC Filing (Form SD)
Oclaro has filed a Form SD pursuant to Rule 13p-1 under the Securities Exchange Act of 1934 for the reporting period January 1, 2014 to December 31, 2014. As specified in Section 2 of Form SD, we have included our Conflict Minerals Report as Exhibit 1.02.