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National Association of Manufacturers et al. v. U.S. Securities and Exchange Commission

Topic(s): Scope of Statutory Rights and Remedies
Docket: 12-1422

Documents:

Description:

For nearly two decades, the Democratic Republic of Congo (DRC) has been in the grip of armed conflict that has caused the suffering of millions of men, women, and children. An important source of funding for armed groups in the DRC is the minerals trade, which supplies tin, tantalum, tungsten, and gold that end up in popular consumer products. In 2010, Congress acted to lessen the use of conflict minerals fueling violence in the DRC by passing Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1502 amended U.S. securities law to require certain companies that file reports with the U.S. Securities and Exchange Commission (SEC) to investigate and disclose publicly whether their products rely on conflict minerals from the DRC or adjoining countries and whether the trade in those minerals helps finance armed groups contributing to the conflict. The SEC adopted a final rule, commonly known as the Conflict Minerals Rule, to implement Section 1502.

In October 2012, the National Association of Manufacturers, the U.S. Chamber of Commerce, and the Business Roundtable petitioned the U.S. Court of Appeals for the District of Columbia Circuit for review of the Conflict Minerals Rule and Section 1502. Amnesty International USA and Amnesty International Limited intervened as respondents in support of the Conflict Minerals Rule and Section 1502. The case was subsequently transferred to the U.S. District Court for the District of Columbia because the D.C. Circuit lacked jurisdiction over the petition. In July 2013, the district court upheld the Conflict Minerals Rule in full and rejected the industry groups’ argument that Section 1502 violates companies’ First Amendment rights. An appeal by the industry groups is pending in the D.C. Circuit. Public Citizen Litigation Group represents Amnesty International USA and Amnesty International Limited in the proceedings.

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