The Dodd-Frank bill, which you thought had something to do with regulating the financial industry, requires that retailers and manufacturers investigate the source of the minerals used in their products and certify to the SEC that those are “conflict free”.
Four minerals—tin, tantalum, tungsten and gold—are blamed for financing armed groups in the Democratic Republic of Congo and the surrounding region, and companies using any of these minerals are required to investigate whether they were mined from the area.
Companies that believe the minerals they use may have been mined in the area must file a report with the SEC saying what steps they took to verify the minerals weren’t taxed or controlled by rebel groups.
The companies don’t have to file a so-called minerals report with the SEC if their materials come from scrap or recycled sources. Companies that fail to verify their sources of supply still can sell their products, but may run the risk of having them shunned by consumers when they appear on lists linked to Central African violence
The SEC estimates that around 6,000 U.S. and foreign companies would have to comply with the minerals rule. However, companies that merely attached their brand or label to a generic product manufactured by another company wouldn’t be bound by the rule, according to an SEC fact sheet distributed at Wednesday’s meeting.
The SEC on Wednesday sharply raised its estimate of the rule’s costs to businesses, putting it at $3 billion to $4 billion upfront and more than $200 million annually. The SEC initially said it would cost companies just $71 million to comply with the rule.
The Congo’s a lousy place – always has been, and King Leopold didn’t help matters any, but is a bill purportedly drafted in response to the failure of AIG and Lehman Brothers the appropriate place to demonstrate solidarity with a select group of oppressed Africans? Far more important, how many regulations like this are imposed on businesses, large and small, in every area of commerce? Regulators don’t count businesses that never start, only the direct cost imposed on existing enterprises, but it seems clear to me that many entrepreneurs are shut down before they ever get their idea off the ground. And that kills jobs.






