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By day she works in a medical library and every evening she goes back to the solitude. Jeff Flake, U. Senator from Arizona Statement of Hon. Cory Booker, U. Senator from New Jersey Statement of Hon.

Todd Young, U. Senator from Indiana Statement of Hon. Christopher Coons, U. What Are the Merits of This Law? Where Did the Law Fail? The publisher has taken reasonable care in the preparation of this digital document, but makes no expressed or implied warranty of any kind and assumes no responsibility for any errors or omissions. No liability is assumed for incidental or consequential damages in connection with or arising out of information contained herein.

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If legal or any other expert assistance is required, the services of a competent person should be sought. Additional color graphics may be available in the e-book version of this book. This book looks at the progress made since the Dodd-Frank Act went into effect. Chapter 2 - Since the UN first deployed a peacekeeping mission to the DRC 2 decades ago, the United States and the international community have sought to improve security in the country.

The SEC adopted these regulations in In this chapter, GAO 1 examines how companies responded to the SEC conflict minerals disclosure rule when filing in and 2 provides recent information on the rate of sexual violence in eastern DRC and adjoining countries.

GAO also reviewed U. The subcommittee met, pursuant to notice, at p. Jeff Flake, chairman of the subcommittee, presiding. Today, we are going to look at Section of Dodd-Frank, the socalled conflict minerals provision, which was signed into law in For too long, armed militias in Eastern DRC have perpetrated unspeakable crimes against civilians in the absence of the rule of law.

In an effort to deny these militias the revenues they collect from the mines in the area under their control, Congress included Section in Dodd-Frank. This provision required firms that file with the Securities and Exchange Commission to perform due diligence on their mineral supply chain. The thought behind Section is that the public disclosure of the source of minerals used in products would create an awareness of how these minerals can be exploited and facilitate human rights abuses in the DRC.

This awareness would motivate shareholders and investors to ensure the minerals used in their products would be conflict-free. Section uses the SEC to achieve the foreign policy goal of preventing human rights abuses in the DRC, an approach that we will take a look at today. No hearings were held in the House or the Senate on Section prior to its inclusion in the conference report to Dodd-Frank.

I think we can all agree that putting an end to the continued horrific abuses of human life in the DRC is a worthy goal of pursuit. After 7 years, however, it is past time for the Foreign Relations Committee to examine how the conflict minerals rule has affected events on the ground in the DRC and whether or not it is achieving its goal.

There have been some positive results. Experts believe armed groups have become scarcer at the mine sites, as compared to before the law was written. The law has also created awareness on the part of consumers and investors around the world seeking to avoid indirectly supporting human rights crimes.

So this hearing is timely today. Equally important is to understand how this law intersects with other factors at play in the rest of the DRC, which continues to be plagued by conflict and violence. Sharp was kidnapped along with his colleagues in central DRC last March, and their bodies were discovered last week. I look forward to hearing what our witnesses have to say about the conflict minerals laws and its impact in the Eastern DRC. And I appreciated the meetings we had in my office yesterday, and I appreciated looking at your testimony.

With that, we will turn to the ranking member, Mr. Chairman Flake, I just want to thank you. This is the first subcommittee hearing of this Congress. It is my first opportunity to be your ranking member. As somebody who considers you a friend and 4 Committee on Foreign Relations somebody I respect, I am grateful for this opportunity. I think that this committee could have a very consequential effect for the better on the continent of Africa, so I am grateful and really feel privileged to be here today.

Senator Durbin, my much senior Senator in terms of experience, wanted to be here today. He has been a leader on this issue, and he has some testimony he would like to present, and I would like to be able to introduce that for the record, if possible. Without objection. I want to thank the witnesses.

I really got a lot out of reading your testimony. I know some time was spent with my staff as well. It is extraordinary how much commitment you all have given to this issue, how much time, energy, and focus on an issue that frankly needs more time, energy, and focus. So thank you for your leadership. I understand that I am in the company of not only experts but, frankly, people who have insights that can be really valuable because we have seen many of the positive aspects of increased international attention to conflict minerals over the past several years, and we have seen a lot of very valuable public-private partnership work.

I think, Mr. Goss, you mentioned a lot of that in your testimony, which I think was really important. So we know today that, according to the Enough Project, out of assessed mines in eastern Congo are now conflict-free. That is something that we should be proud of. And showed a record high in legal mineral exports from the DRC. These are important benchmarks to recognize. The North Kivu province, the most 3T mineral rich province in Congo, reported record high conflict-free numbers as well in minerals.

But only through a robust, consistent, multifaceted approach—I think more than one of the testimonies talked about having many tools in the toolbox—can we help, having lasting impact on the region. A Progress Report on Conflict Minerals … 5 We know that efforts to curtail illicit mining and mineral traffic must be paired with a package of aid, a package of reform efforts, focused not only on the mining industry but also at the government level.

We know that we need high-level diplomatic engagement, especially on the part of the United States. The U. So I know at a hearing before this committee back in , witnesses emphasized that the root causes of the shockingly high levels of violence in the DRC and the Great Lakes Region was a deep-rooted conflict funded in part through this mineral extraction.

And in , a bipartisan group of Members in this chamber came together to discuss and debate and ultimately pass a provision that would require reporting on the source of conflict minerals. Again, this is not a ban.

It is reporting. It is about transparency. At the same time, Senator Durbin in his remarks about transparency, this is what he said: You could say we were doing nothing, but at least then consumers would have some options on ensuring the electronics in their pockets were not contributing to violence.

We have made progress, but today we are facing a flashpoint in the DRC as it confronts its largest political and security challenge in years. It is something that should concern all of us. We have seen armed groups proliferate in central and Southeastern DRC, areas previously viewed as relatively stable, all while the threats to civilians in the east have not abated.

Recent history suggests that conflict in the DRC can and often does spill over its borders, drawing in other actors from the region and providing safe havens for foreign-origin militias. Now is the time for more international attention to all the root causes of the conflict in DRC, not less. We need more action, more focus, more attention, more investment. We can be doing more.

And I want to say that the urgencies are seen, as my chairman said, the urgency is when you see people like Michael Sharp dying—and, again, I do not want to single out his death because we know that there are thousands of innocent people who have died in this conflict over the years. We owe them a debt not only for their work, the kind of leadership that Mr.

Sharp showed, but also to pick up the cause and ensure that heroic people like this do not die in vain. We cannot let their work stop. We have to carry on and move forward and ultimately vindicate them by bringing peace to a great country.

So I am again, Chairman, really excited about being here, grateful for your leadership for many years before I was even in the Senate, and I look forward to working with you as we go forward. Thank you. I can tell you I was very excited when I knew that you were joining the committee and, in particular, the Subcommittee on Africa. So I look forward to a long, productive relationship.

I am also glad to have Mr. Young, who just came to the Senate in January, join the subcommittee as well. Do you want to say a couple things? Thank you, Chairman, and thank you, Ranking Member, for convening this really important hearing. I have had an opportunity to review the opening remarks, and I will look forward to asking a question or two of our witnesses.

I mean, it is really important that we shine a bright light on some of the challenges you are facing in DRC, and we are here to try to be part of the solution. I will be in and out over the course of this hearing, Mr. Chairman, but I look forward to engaging with your witnesses a bit later. Coons has joined us. Senator Coons, do you have anything to say? Simply that I am eager to hear from the witnesses about the impacts that conflict minerals continue to have in Eastern Congo and what the impact is on industry and how we can strike an appropriate balance, both to make sure that supply chains are also value chains and reflect the values of American consumers and American people, but that we also have rules of the road that allow for transparent and appropriate development opportunities.

And just my gratitude, Mr. Chairman and Ranking Member, for your long interest and leadership on all issues African.

We will turn now to our witnesses. Rick Goss joins us today from the Information Technology Industry Council, where he serves as senior vice president for environment and sustainability.

Mvemba Dizolele, a Congolese-American, is a foreign policy analyst whose work has been featured in numerous publications like the New York Times and Newsweek. We ask that you keep your comments to around 5 minutes, and, obviously, your full comments will be submitted for the record. With that, the committee recognizes Mr. As the chairman said, my name is Rick Goss.

The tech sector is committed to contributing to peace and stability in Central Africa, and we have proven this commitment by sourcing responsibly from the region. Our engagement has helped provide critical economic benefits to hundreds of thousands of people who depend upon mining activities for their livelihood.

As Congress considers replacing or modifying Section , we urge you to ensure that the U. Should the U. A Progress Report on Conflict Minerals … 9 Turning to the issues that the subcommittee asked us to address, Section has yielded mixed success in cutting off funding to armed groups and reducing violence in the region.

While government, civil society, and the private sector have together realized some clear progress on responsible sourcing, this mixed outcome in the region is due in part to the continued smuggling of gold, ongoing interference by a spectrum of armed groups, and the ready availability of numerous other sources of illegal revenue.

While the DRC is increasing the responsible production of tin, tantalum, and tungsten, the 3Ts, this progress does not extend to gold. In a December report, the U. These elements along with myriad non-state armed groups directly interfere in mining operations; set up illegal roadblocks; and levy unlawful taxes on local communities, miners, and minerals.

They exploit products such as timber, charcoal, and cannabis; and engage in human trafficking, forced labor, slaughter of endangered species, and extortion. Ultimately, even if Section has generated a measurable increase in transparency for 3T supply chains, armed actors have turned to gold and other lucrative and illicit methods.

The second issue, while Section has yielded some positive impacts, it has also generated unintended consequences. First, the provision contributed to the de facto embargo documented in the region beginning in , causing significant hardships for countless vulnerable people living in what has been termed the survival economy. Second, Section has had an inordinate impact on small- and medium-sized enterprises here in the United States and elsewhere. And finally, by focusing almost exclusively on the role of the private sector, Section diverted critical attention away from the indispensable role of governments in addressing the crisis.

We have three recommendations to share today. Second, the U. If our government stops driving responsible sourcing, the region may experience renewed or increased volatility. Moreover, other geographies will likely regulate U. Our third recommendation is that the U. Congress should seek to remedy the competitive disadvantages that Section creates between companies. In conclusion, the geopolitical challenges facing Central Africa are so severe that only concerted actions by regional governments, coupled with ongoing support from the international community, can resolve them.

The region continues to be beset by rampant conflict and corruption, and destabilized by chronic interference from neighboring countries. The underlying causes of this conflict are political, not economic, and are linked to entrenched ethnic hostilities and disputes over political power. Tech will continue to actively engage and contribute to the solution, but governments must ultimately create the necessary conditions to allow private sector and civil society initiatives to thrive.

Thank you again for the invitation to testify today, and I would be pleased to answer any questions. This includes representing the tech sector during congressional negotiations; meeting with Securities and Exchange Commission SEC commissioners and staff throughout the Section rulemaking process; testifying before the U. House of Representatives; and advising the European Union and other jurisdictions as they seek to develop their own conflict minerals regulations.

The tech sector is committed to contributing to peace and stability in the Congo, and our companies have made strong commitments to ethical sourcing throughout our supply chains.

As Congress considers replacing or modifying section , we urge you to ensure that the U. Along with governments and civil society, ITI and our members share a commitment to the fundamental principles of peace and security for the Congo, and we are dedicated to being responsible actors within the context of comprehensive, government-led strategies for Central Africa. First, we are committed to ethical sourcing throughout our global supply chains.

We do not want to conduct business, either directly or indirectly, with any supplier that supports, prolongs, or perpetuates armed conflict or human rights abuses. Second, we want to source responsibly from Central Africa to help provide critical economic benefits to the hundreds of thousands of people who depend on mining and mining-related activities as their sole source of livelihood. With these twin objectives in mind, our sector has made a conscious choice to remain engaged in the region.

In support of these outcomes, I would like to note three major themes: First, ITI members recognize that the private sector has a defined role to play in helping drive transparency and responsible sourcing efforts throughout global supply chains, and we have embraced that responsibility through our public commitments and concrete actions.

Second, during congressional negotiations on this issue in and , there was strong bipartisan support for the United States to take a more active role to confront the ongoing humanitarian crisis in Central Africa. Third, the geo-political challenges in the Democratic Republic of the Congo DRC and throughout Central Africa are so severe, enduring and complex that only concerted actions by regional governments, coupled with ongoing support from the international community, will resolve them.

Governments must take the lead to bring about peace, security, and governance reform and to create the necessary preconditions to allow private sector and civil society initiatives to thrive.

I will now turn to the three specific issues that the subcommittee has asked this panel of witnesses invited to testify to address: Section of the Dodd-Frank Act Has Had Mixed Success in Cutting off Funding to Armed Groups in the DRC and Reducing Violence in the Region The eastern DRC is plagued with countless militias, local criminal groups, and corrupt military and government officials, all of whom prey on vulnerable civilian populations.

While Section has clearly helped deprive armed groups in Central Africa from exploiting certain illicit sources of funding, its ultimate record of reducing overall illicit income flowing to these actors is notoriously difficult to determine. This challenge is in part due to continued smuggling of gold; the ongoing presence at mines of non-state militias, corrupt government officials, and criminal networks within the Congolese Army the Armed Forces of the Democratic Republic of Congo — FARDC ; and, the ready availability of numerous other sources of illegal revenue.

Numerous governments and credible independent observers report recent positive trends on breaking the links between armed groups and mining for 3T minerals. These officials note a significant reduction in the presence of armed groups — including Congolese armed forces — at 3T mining sites, largely due to increased transparency, monitoring, and control measures.

Importantly, the DRC government has increased its involvement by imposing greater controls, taxes, legal enforcement, and oversight. Increasing governance over 3T mines is partially attributable to the effects of Section To be clear, this progress is not tied to the paperwork and reporting requirements of the provision, but to the commitment of leading companies — in coordination with governments and civil society — to implement programs and systems that enable responsible sourcing from the impacted region.

Altogether, more than 40 smelters now source from the region via validated programs. Responsible in-region sourcing programs still only generate modest global volumes of 3T, but overall conditions are improving. Unfortunately, this progress on 3T minerals does not extend to gold. Given its high value concentrated in low volumes, gold remains subject to rampant smuggling and chronic interference from armed groups. In fact, dominion over gold mining and trading has become the preferred source of illicit income for armed groups across the spectrum.

A Progress Report on Conflict Minerals … 15 conducting a multi-year study of security conditions at over 1, mining sites in the eastern DRC. In , the U. In fact, FARDC units and other non-state armed groups alike have become more sophisticated in raising revenue from miners and mine sites. In addition to interfering directly in mining operations, they often set up illegal road blocks and levy unlawful taxes on mineral shipments.

They extract recurring payments from miners and mine owners, or impose monopolies over basic consumer goods in and around mine sites. Meanwhile, control over mining and minerals distribution is only one of many sources of illicit income for militias, roving criminal groups and corrupt officials.

These elements exploit other sources of income, through the sale of products such as timber, charcoal, cannabis and wildlife parts, and through practices such as human trafficking, forced labor and extortion. Illicit actors routinely raid villages, run black markets for goods, and operate protection schemes. Armed groups have also established operations in the national parks and wildlife preserves, where they profit from illegal charcoal production and the rampant slaughter of threatened and endangered animals.

These advances are fragile and need to be encouraged. However, as controls have increased on 3T minerals, militias, corrupt officials, and criminal networks have increasingly turned to gold and other lucrative methods to generate illicit income.

First, along with the mining ban instituted by the DRC government, the Dodd-Frank Act provision contributed to the de facto embargo that governments and independent observers documented in the region beginning in In brief, many companies abandoned the region to avoid the onerous and potentially severe legal, financial, and reputational risks associated with Section While many of these businesses are not themselves obligated to report to the SEC, they are indirectly subject to the requirements if they are present in the supply chain of a regulated company or companies.

Finally, Section , by focusing almost exclusively on the role of the private sector, has diverted critical attention away from the indispensable role of governments in addressing the endemic political, security, and humanitarian crises in the region.

A Progress Report on Conflict Minerals … 17 countries. The underlying causes of this regional conflict are political, not economic, and are linked to entrenched ethnic enmities and disputes over political power, land rights, and citizenship. While control over natural resources is in part responsible for fueling violence in eastern Congo, it is striking to note that adjacent areas that are equally rich in resources are not plagued by conflict.

Overall, ITI and our members urge Congress to consider ways to overcome the deterrent effects of Section and provide incentives to companies that responsibly source from Central Africa. These efforts could include lowering the regulatory burden and providing public recognition to those companies that source through approved, in-region programs.

The United States and other governments can also support in-region transparency and governance initiatives, place collective pressure on foreign smelters to participate in audit programs, and increase sanctions on those groups and individuals that continue to trade in illicit resources.

Diplomatic Efforts The United States should increase its support for political and diplomatic solutions that advance regional security, including security sector reform for the Congolese military and police forces, and efforts to protect civilian populations.

This could include targeted sanctions, as well as continued support for the United Nations Stabilization Mission in the 18 Committee on Foreign Relations DRC, for the Public-Private Alliance for Responsible Minerals Trade, and for related regional governance and transparency initiatives. Provide Targeted Development Aid The biggest advances in responsibly sourcing in the region have come from bringing the mining sector — including artisanal miners — into a more formalized process.

The mining sector in the DRC desperately needs infrastructure development in the form of roads and electricity, and access to basic financial and banking resources for legitimate operators.

Maintain U. Leadership By enacting Section , the United States set the stage for global conflict minerals approaches. Should the federal government cease its engagement altogether, we may collectively suffer two major unintended consequences: First, we may lose the tenuous progress we have achieved in the region through collective industry pressure on global supply chains. While many tech companies have publicly committed to continuing their due diligence efforts regardless of the fate of Section , our influence will become significantly diluted should other sectors not remain at the table.

This is especially true given that our sector is only a minor consumer of gold — the primary source of illicit mineral income in the region. Moreover, should the demand for conflict free minerals diminish, we could see detrimental impacts on the roughly 1, 3T mines that are validated as responsible, potentially increasing regional volatility and armed group activity.

Second, other geographies will almost certainly impose regulations on U. ITI represents global companies, and the importance of private sector due diligence related to conflict minerals will not recede if Section is stayed or repealed. Where the U. While some of these obligations have been partially set aside by the recent federal court ruling, the most punitive provisions include the independent private sector audit, the preparation and formal submittal of the Conflict Minerals Report to the SEC, and the need to characterize products.

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