The second place trophy for conflict minerals filings has now been claimed. Affymetrix Inc out of Santa Clara, California has filed their Form SD and CMR. This filing is a definite improvement over the first one, but errors exist. Among those are the use of the phrase “Conflict Free Undeterminable”, the lack of a scrap disclosure in the Form SD even though scrap processors are listed in the smelter list, and the inclusion of RCOI activities in the description of due diligence measures performed.
It is interesting that companies are choosing to file early, especially in light of the (perhaps slight) potential that NAM’s most recent appeal effort could result in a substantive change to the filing requirement. (Note: after this article was posted, the DC Court of Appeals denies NAM’s motion.)
We recommend that you keep your seat belt on until the roller coaster ride actually stops.