Introduction

Conflict minerals regulations require companies to investigate, and in some cases publicly disclose, whether the tin, tantalum, tungsten and gold (3TG) in their supply chains may finance armed groups or human rights abuses. The two core laws are the U.S. SEC Conflict Minerals Rule under Section 1502 of the Dodd-Frank Act and the EU Conflict Minerals Regulation (EU) 2017/821, which requires due diligence aligned with the OECD Due Diligence Guidance. In 2026, the EU Batteries Regulation and customer codes of conduct are extending similar expectations to cobalt, mica and other battery minerals.

This guide is written for executives responsible for sustainability, procurement and compliance. It explains what each regulation requires, how the two core laws compare, and what companies must do now. It covers the SEC Rule, the EU Conflict Minerals Regulation, battery due diligence under the EU Batteries Regulation and customer requirements; it does not cover broader due diligence laws such as the CSDDD.

Key Takeaways

• The SEC Conflict Minerals Rule and the EU Conflict Minerals Regulation both cover 3TG, but the SEC Rule applies to SEC-reporting product manufacturers while the EU Regulation applies to EU importers above set volume thresholds.
• SEC registrants must still make a good faith country of origin inquiry and file Form SD each year; the next filing, covering calendar year 2026, is due June 1, 2027.
• The EU Regulation has applied since January 1, 2021 and requires due diligence aligned with the OECD Guidance, verified through ex-post checks by Member State authorities.
• Scope is expanding: EU Batteries Regulation due diligence for cobalt, lithium, nickel and natural graphite applies from August 18, 2027, and buyers already request CMRT and EMRT reports covering cobalt and mica.

What Are Conflict Minerals and Why Are They Regulated?

Conflict minerals are tin, tantalum, tungsten and gold, commonly called 3TG. Regulators focus on these minerals because revenue from their extraction and trade in conflict-affected and high-risk areas can finance armed groups and human rights abuses. The OECD Due Diligence Guidance provides the due diligence framework that the EU Regulation requires and that buyers reference in supplier policies.

The SEC defines conflict minerals as tantalum, tin, tungsten and gold. Its rule focuses on minerals from the Democratic Republic of the Congo and nine adjoining countries, while the EU regulation aims to end the financing of armed groups through the trade in minerals from conflict areas.

The EU Regulation requires due diligence based on the OECD Due Diligence Guidance, which sets out a five-step, risk-based framework with supplements for 3TG. The Guidance identifies conflict-affected and high-risk areas by the presence of armed conflict, widespread violence or other risks of harm to people.

SEC Conflict Minerals Rule: Form SD Requirements Under Dodd-Frank Section 1502

The SEC Conflict Minerals Rule requires SEC-reporting companies whose products contain necessary 3TG to conduct a good faith reasonable country of origin inquiry and file Form SD, the SEC’s specialized disclosure report, each year. Since April 2017, SEC staff guidance has limited enforcement of the full Conflict Minerals Report, but the core inquiry and disclosure remain mandatory.

The SEC adopted Rule 13p-1 on August 22, 2012 under Dodd-Frank Section 1502. It applies to SEC registrants whose manufactured or contracted products contain 3TG necessary to their functionality or production. Form SD is due by May 31 each year for the prior calendar year, moving to the next business day when that date falls on a weekend or holiday. Because May 31, 2027 is Memorial Day, the filing for calendar year 2026 is due June 1, 2027.

In a legal challenge brought by trade associations, federal courts held that the rule’s required product labeling language violated the First Amendment. In response, an April 7, 2017 SEC staff statement narrowed what is enforced in practice:

• Still required (Items 1.01(a) and (b)): a good faith country of origin inquiry, with efforts and findings described in Form SD and on the company website.
• Enforcement relief (Item 1.01(c)): the SEC does not recommend enforcement for the full Conflict Minerals Report.

Many companies still file a full report despite this relief. Eastman Chemical, Thermon Group Holdings and TTM Technologies each filed a Conflict Minerals Report for calendar year 2025, while nLIGHT relied on the relief and did not address Item 1.01(c).

The rule’s future is also under discussion. At the May 2025 SEC Speaks conference, SEC Commissioner Mark Uyeda criticized the rule as ineffective, and the law firm Ropes & Gray noted that Congress could repeal it and that the President can end its disclosure requirements under certain conditions. Until any change is made, the rule continues to apply.

EU Conflict Minerals Regulation 2017/821: Obligations for Union Importers

The EU Conflict Minerals Regulation has applied since January 1, 2021 to EU importers of 3TG minerals and metals whose annual import volumes meet thresholds set in Annex I. In-scope importers must carry out supply chain due diligence aligned with the OECD Guidance, and Member State authorities verify compliance through ex-post checks.

Regulation (EU) 2017/821 was adopted on May 17, 2017, and importer obligations have applied since January 1, 2021. It covers Union importers bringing 3TG minerals or metals into the EU for the first time above Annex I volume thresholds, which range from 30 kg for tantalates to 100,000 kg for tungsten oxides, tungstates and unwrought tin. The thresholds capture no less than 95% of EU import volumes, and recycled metals are excluded apart from Article 7(4).

In-scope importers must meet four obligations set out in Articles 4 to 7, aligned with the OECD Guidance:

• Management system obligations
• Risk management obligations
• Third-party audit obligations
• Disclosure obligations

Member State authorities enforce the regulation through ex-post checks, and some add national procedures. Austria, for example, requires importers to notify their initial imports by March 31.

How Does the SEC Rule Compare With the EU Conflict Minerals Regulation?

The SEC Rule and the EU Regulation cover the same four minerals but regulate different points in the supply chain. The SEC Rule targets SEC-reporting companies that manufacture or contract to manufacture products, while the EU Regulation targets the importers that first bring 3TG minerals and metals into the EU. Their geographic focus and enforcement models also differ.

• Scope trigger: the SEC Rule is product-based; the EU Regulation is based on import volumes.
• Geographic focus: the SEC Rule covers the DRC and nine adjoining countries; the EU Regulation covers conflict-affected and high-risk areas.
• Core obligation: the SEC requires a country of origin inquiry and Form SD; the EU requires full OECD-aligned due diligence.
• Enforcement: the SEC offers relief only for Item 1.01(c); the EU relies on national ex-post checks.

A company can fall under one regime, both, or neither, and customers in scope may still pass requests down to it.

How Is the Regulatory Scope Expanding Beyond 3TG?

Regulatory and commercial expectations are moving beyond 3TG. The EU Batteries Regulation adds due diligence for cobalt, lithium, nickel and natural graphite from August 18, 2027, while customer codes of conduct and buyer policies already require suppliers to report on cobalt and mica using standardized Responsible Minerals Initiative templates.

The EU Batteries Regulation (EU) 2023/1542 adds due diligence for cobalt, lithium, nickel and natural graphite. Amending Regulation (EU) 2025/1561, adopted by the European Parliament and the Council on July 18, 2025, postponed these obligations to August 18, 2027. Due diligence policies must be verified by third-party notified bodies, and the amendment set July 26, 2026 as the deadline for the Commission’s due diligence guidelines.

Customer requirements already reach further than current law:

• The Responsible Business Alliance (RBA) Code of Conduct 8.0 expanded covered minerals from 3TG to 3TG plus cobalt.
• Qorvo requires the CMRT for 3TG and the EMRT for cobalt from its suppliers.
• Logitech covers 3TG, cobalt and mica, with the RBA Code as a contractual requirement.
• XP Power covers cobalt and mica, although neither faces mandatory due diligence today.

Reporting templates from the Responsible Minerals Initiative (RMI):

• CMRT: a free template sharing 3TG country of origin and smelter data.
• EMRT: launched October 20, 2021, with version 2.11 recommended; covers cobalt, copper, natural graphite, lithium, natural mica and nickel.

What Are Companies Required to Do Now?

Requirements depend on where a company sits in the supply chain. SEC registrants must file Form SD annually, EU importers above Annex I thresholds must maintain OECD-aligned due diligence, battery operators must prepare for August 18, 2027, and suppliers outside legal scope must still answer customer CMRT and EMRT requests.

• SEC registrants: conduct a good faith country of origin inquiry each year and file Form SD; the next filing, for calendar year 2026, is due June 1, 2027.
• EU 3TG importers above thresholds: maintain OECD-aligned management systems, risk management, third-party audits and disclosure, and expect ex-post checks.
• Battery value chain operators: have third-party verified due diligence for cobalt, lithium, nickel and natural graphite by August 18, 2027.
• Suppliers outside legal scope: keep an OECD-aligned sourcing policy and respond to customer CMRT and EMRT requests.

Conclusion: Building a Defensible Conflict Minerals Position

Conflict minerals compliance has grown from a U.S. disclosure requirement into a supply chain due diligence expectation spanning regulators and customers. The SEC Rule and the EU Regulation set the legal baseline for 3TG, while the EU Batteries Regulation and buyer codes of conduct extend scrutiny to cobalt, mica and other battery minerals.

Start by confirming exposure: which regulations apply, which customers request CMRT or EMRT reports, and which minerals sit in your products. An OECD-aligned responsible minerals policy is the common foundation. Contact ASUENE to discuss strengthening your supply chain ESG data and due diligence readiness ahead of the upcoming SEC and EU deadlines.

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