Benchmark Supplier,
This is an urgent request for you to provide important information to Benchmark Electronics regarding conflict minerals content in your products. Note that collecting and reporting your information related to conflict minerals is expected to take a significant amount of time to research, so prompt action by your company is critical. We appreciate your immediate attention to this request.
The U.S. Government enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) in July 2010. Section 1502 of the Dodd-Frank Act requires all US publicly traded companies to file disclosures and reports with the U.S. Securities and Exchange Commission (SEC) related to the use (necessary to functionality or production) of Conflict Minerals in their products. “Conflict Minerals” (Tin, Tantalum, Tungsten and Gold, or “3TG”) are extracted from ore (respectively for the first three, cassiterite, columbite/tantalite, and wolframite) mined in the Democratic Republic of Congo, or an adjoining country. The intent of these requirements is to further the humanitarian goal of ending violent conflict in the Democratic Republic of the Congo (DRC) and in surrounding countries, which has been financed in whole, or in part, by the exploitation and trade of Conflict Minerals. Similar legislative and regulatory action is being pursued in the EU.
There is a Conflict Minerals Reporting Template (CMRT) that the Electronic Industry Citizenship Coalition (EICC) and the Global e-Sustainability Initiative (GeSI) have jointly created as a common means for the collection of due diligence information related to Conflict Minerals. Benchmark Electronics has adopted the use of this CMRT, which has become a de facto industry standard, as a key element of its Conflict Minerals due diligence program in order to assist in the verification of responsible sourcing practices. The latest version of the EICC-GeSI CMRT form is compliant with the IPC 1755 Conflict Minerals Data Exchange Standard, and is consistent with EICC and GeSI’s related activities, including the Conflict Free Smelter (CFS) program, and In-Region Sourcing efforts.
Benchmark Electronics must obtain accurate information from you about whether components or other items supplied by you to Benchmark Electronics contain 3TG. If any of those metals are present, we must trace them to their source smelters, and potentially trace the 3TG to the source of the ores/minerals. Consequently, we need you to respond to our Conflict Minerals (CM) survey using the process described below through Assent Compliance with accurate and complete information so we can properly report on our products to the SEC and to our customers:
1. Your unique supplier portal link is Launch Portal
If the link above does not work for you, please copy this address and paste it in the browser.:
< http://aci.nu/0747xl >.
2. Do an online training session with the Assent Compliance Supplier Success Center3 to learn how to prepare and submit a CMRT report to Benchmark Electronics that discloses your use of 3TG/conflict minerals in the materials, components and products that you supply to Benchmark Electronics. Benchmark will accept either a company level CMRT that has the CMRT scope in the declaration tab set to company level, or a declaration for the specific products supplied to Benchmark.
3. Review and respond to the information request of Benchmark Electronics that is displayed in your Assent Compliance supplier portal. Your report will be due for submission by December 31, 2016. If it is not possible to provide your report through the Assent Compliance tool because of a specific reason, return a completed current version of the Electronic Industry Citizenship Coalition and Global e-Sustainability Initiative (EICC-GeSI) Conflict Minerals Reporting Template, including all smelter information for all of the designated minerals, and a short explanation of the reason prohibiting your compliance to conflictminerals@bench.com, so that we can evaluate your request.
4. Document all steps taken to collect and report conflict minerals information and preserve that documentation.
5. Communicate to your suppliers a flow down requirement for smelters in their supply chain to become certified as conflict free by an internationally recognized organization like the CFSI.
The materials you provide may be reviewed in an audit related to due diligence efforts as part of collecting this information. The OECD framework for this audit can be found in the OECD website “Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict Affected and High-risk Areas.”
It is our expectation that the person(s) responsible for responding to this request will be authorized to do so on behalf of your company and will be familiar enough with the products being sold to Benchmark such that the response is truthful, accurate, and meets the requirements of the Dodd-Frank Act. Benchmark plans to