Firms Seek Supply Route Around Conflict in Congo - WSJ.com#printMode Page 1 of 3 Dow Jones Reprints: This copy is for your personal, non-commercial use only. To order presentation-ready copies for distribution to your colleagues, clients or customers, use the Order Reprints tool at the bottom of any article or visit www.djreprints.com See a sample reprint in PDF format. TECHNOLOGY Order a reprint of this article now APRIL 27, 2011 Firms Seek Supply Route Around Conflict in Congo By DEVON MAYLIE While the aftermath of the Japanese earthquake is causing many companies to worry about the electronics supply chain, a different pall is hovering over a rare, blue-gray metal that is mined in the Democratic Republic of the Congo. The substance is tantalum, an ingredient in components that are a mainstay of devices like smartphones, digital tablets and personal computers. And recently big technology companies like Intel Corp. and Hewlett-Packard Co., which either use tantalum directly or buy semiconductors made with it, have started a push to find sources without links to war-torn regions of Africa. A new U.S. law requires publicly traded companies to ensure key minerals in their products aren't coming from the Congo's rebelcontrolled mines. A civil war in the Congo, the world's thirdlargest producer of tantalum, ended in 2003, but violence in the eastern part of the country continues. The Dodd-Frank financial-regulation law, enacted last year, identifies four minerals—tantalum, tin, tungsten and gold—that are mined in the Congo and are blamed for helping to fund violent conflict there. Under the law, companies that use the four Agence France-Presse/Getty Images minerals must inform the Securities and Exchange Commission A soldier with the U.N. mission in Congo manned a post last year. annually whether any of them in their supply chains originated in the Congo or nine neighboring countries. If they did, the companies must tell the SEC what efforts have been made to determine the source and custody chain of the minerals. Rules implementing the law haven't been finalized. As it stands, the law doesn't punish companies that buy any of the four listed minerals from the Congo, though punitive measures may be added. Tantalum is used in parts such as capacitors, which store electric charges and help power most smartphones and other electronic devices. Companies like Intel and AT&T Inc. don't buy directly from the Congo. They purchase finished products through suppliers that source from smelters, which in turn buy from traders on the ground. While tech products typically contain only trace quantities of tantalum, companies in the technology industry are its biggest buyers. "We're working to get to a conflict-free space," says Chuck Mulloy, a spokesman at chip giant Intel, which uses tantalum in its semiconductors. http://online.wsj.com/article/SB10001424052748704530204576236132463855532.html?K... 4/29/2011 Firms Seek Supply Route Around Conflict in Congo - WSJ.com#printMode Page 2 of 3 Mr. Mulloy says Intel is working with the Electronic Industry Citizenship Coalition, an industry body, to review 25 smelters in eight countries that supply minerals that end up in electronic products. Reuters Intel is also setting up systems to track the minerals from the ground all the way through the doors of its semiconductor plants, a step the company and the electronics industry had already taken before the law was passed, according to Mr. Mulloy. Rep. Barney Frank is a co-author of the law prompting technology firms' heightened scrutiny of suppliers. The law will affect all technology companies publicly traded in the U.S. Oregon-based TriQuint Semiconductor Inc. is working with its suppliers to help them track the four affected minerals they use. Dell Inc. says it, too, is working with suppliers as they adjust purchasing processes. Microsoft Corp. is also among those scrambling to comply with the new legislation. "The purpose is to cut off funding to people who kill people," says Rep. Barney Frank (D., Mass.), an author of the act. Conflict in eastern Congo is blamed for at least five million deaths since the late 1990s. The minerals in question pass through many hands before reaching manufacturers, making tracing their origin difficult. AT&T said in a filing with the SEC that as a retailer of phones and devices made by others, it is far removed from the manufacturing process. To track the four minerals specified in Dodd-Frank in a wireless handset, AT&T estimates it would have to wade through 35 manufacturers, 60 to 80 parts suppliers, more than 1,000 commodity-part suppliers and an unknown number of brokers and distributors to get to the mine that was the original source of its tin and tantalum. "Tracing metals and verifying they are conflict-mineral free is very difficult," a Microsoft spokeswoman said. The legislation will also ripple beyond major tech companies, affecting manufacturing and even jewelry. Ford Motor Co. said in an SEC filing that it already tracks a number of the materials used to make its cars and that adding the conflict minerals will require additional investment. A sharp reduction in mineral purchases from the Congo could deal a huge blow to a country that ranks 119th out of 193 in gross domestic product, as measured by the World Bank. Congo accounts for roughly 10% of global tantalum production, with industry leader Brazil accounting for roughly 16% to 23% of output and China with about 14%. Mining remains a key source of income for thousands there—much of its tantalum and tin is mined by individuals who sell to dealers that trade with smelters across the globe. The main tantalum and tin mines in Congo are owned by individuals or independent mining groups, and rebels often take over the mines. Congo-based exporters now fear that suppliers to U.S. companies may impose a blanket ban on purchases from the country in a bid to comply with the new law. "It's very good to make sure stakeholders don't fuel armed conflict," says John Kanyoni, the chairman of the exporters association in North Kivu, Congo. "The problem we have is with the time—we're concerned smelters will stop buying altogether to meet electronic-industry demands," referring to when the rules will be implemented and the fact that some smelters are already halting purchases in anticipation of the implementation. That is already happening in some parts of the Congo. Serge Mulumba, who represents independent miners in Katanga province, said the area isn't designated as a conflict zone, but he said traders have already stopped buying. "There are no verifiably conflict-free sources from the Congo right now," says Rick Goss, the vice president of sustainability at the Information Technology Industry Council, which represents high-tech companies. "There is too much chaos on the ground." http://online.wsj.com/article/SB10001424052748704530204576236132463855532.html?K... 4/29/2011 Firms Seek Supply Route Around Conflict in Congo - WSJ.com#printMode Page 3 of 3 Write to Devon Maylie at devon.maylie@dowjones.com Copyright 2011 Dow Jones & Company, Inc. All Rights Reserved This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com http://online.wsj.com/article/SB10001424052748704530204576236132463855532.html?K... 4/29/2011