For Immediate Release
J. Craig Shearman (202) 626-8134
ShearmanC@NRF.com
NRF Assessing Impact on Conflict Minerals Regulations on
Retailers
WASHINGTON, August 22, 2012 - The National Retail Federation
today said the Securities and Exchange Commission had responded
to some retail industry concerns about new regulations
requiring publicly traded companies to determine whether their
products contain "conflict" minerals from the Democratic
Republic of the Congo but that it was too soon to determine the
full impact of the regulations on retailers.
"These regulations limit the impact on retailers compared with
what was originally proposed but there are some gray areas and
we are still assessing what will actually be required," NRF
Vice President for Supply Chain and Customs Policy Jonathan
Gold said. "It's very important that a distinction be made
between a retailer who is acting as a manufacturer and has
control over what is in a product and the vast majority who do
not. While retailers abhor the violence in the Congo,
compliance with these regulations could still be extremely
difficult and there is considerable debate on whether filing
reports with the SEC will make any difference."
The SEC voted 3-2 this morning to approve the regulations,
which will apply not only to manufactures but also to retailers
considered to be "contracting to manufacture" private-label
merchandise. A retailer simply placing its brand on a generic
product would not be covered, but those that have "some actual
influence over the manufacturing of that product" would be
covered. Retailers selling only third-party merchandise under
the product's own brand rather than the store's brand are not
affected.
NRF sought a three-year delay before the regulations take
effect, and also that the SEC set a "de minimis" level below
which products would not be covered. The SEC agreed to delay
implementation until May 2014 but did not adopt a de minimis
level.
The regulations cover products ranging from jewelry to
electronics that are made using gold, tin, tungsten and
tantalum from the eastern region of the DRC or surrounding
areas. NRF has argued that it is difficult for retailers to
know the source of the metals in products they sell.
As the world's largest retail trade association and the voice
of retail worldwide, NRF represents retailers of all types and
sizes, including chain restaurants and industry partners, from
the United States and more than 45 countries abroad. Retailers
operate more than 3.6 million U.S. establishments that support
one in four U.S. jobs - 42 million working Americans.
Contributing $2.5 trillion to annual GDP, retail is a daily
barometer for the nation's economy. NRF's Retail Means Jobs
campaign emphasizes the economic importance of retail and
encourages policymakers to support a Jobs, Innovation and
Consumer Value Agenda aimed at boosting economic growth and job
creation. www.nrf.