AN OVERVIEW OF CONFLICT MINERALS LEGISLATION

1. AN OVERVIEW OF CONFLICT MINERALS LEGISLATION Presented to the Central Texas Electronics Association Brad Heath CEO, VirTex Assembly Services

2. Why Should I Care?

3. Conflict Background • Origins of the Conflict are rooted in the 30 years of Mobutu rule and instability since DRC’s independence from Belgium. • 1970s and 1980s, the Congo (then Zaire) splintered into various city states, collapsing communication systems and crippling the formal justice system • 1996 – Rwanda’s post-genocide Tutsi government invaded the DRC in pursuit of Hutu militia who had fled there. Rwandan backed Congolese rebels expel Mobutu from office and install Laurent Kabila • 1997 – Rebellion between Kabila and Rwanda begins. The country becomes a battleground. The rebellion ends in 2003 • Rebel groups continue to remain active in the four eastern provinces: South Kivu, North Kivu, Ituri, and Maniema. • 2006 – First free elections in the country. Joseph Kabila becomes president but fails to deliver international expectations of peace.

4. Conflict Profile • Major driver of the continued violence is Minerals – Tin, Tantalum, Tungsten, and Gold. • This cycle of violence has enveloped the DRC since 1997 • It has presented opportunities for various armed groups, both state and non-state, to plunder natural resources by creating and maintaining an environment of exploitation, instability, horror, and appalling inequality. • Militia groups and the state fight for control and access to mines. Armed groups in the area made an estimated total of $185 million in 2008 from the mines. • Congolese Civilians, many of them children, are forced to work the mines at gunpoint and forfeit any of their findings to the armed forces in control • Rape and torture of woman are a common weapon used to enforce labor and cooperation in the mines and surrounding towns.

5. What Are Conflict Minerals? • Tin(Cassiterite Ore)- Leading mineral in terms of dollar value contributing to armed groups in the DRC. DRC is the 6th largest producer of tin. Half of tin mined is used in soldering electronics. Contributes about $115 million to armed groups in 2008. • Tantalum(Coltan)- DRC is one of the leading producers of this mineral (Coltan). It became the first Conflict medal from the DRC to become the subject of Global Concern when the price for the mineral spiked in conjunction with growing demand from the electronics industry. Used in automotive electronics, cell phones, computers, super alloys. $12 Million to armed groups in 2008. • Tungsten(Wolframite)- DRC is the world’s 5th largest producer of this mineral. Least noticeable in consumer materials because it’s used in steel cutting tools and other components used in a large number of different electronic supply chains. Contributed about $7.4 million to armed groups in 2008. • Gold- smallest conflict mineral by volume but second only to tin in its contribution to armed groups. Estimated at about $50 million to armed groups in 2008. Gold’s high value low volume nature makes it easy to conceal and transport. 95% of the Eastern DRC’s Gold is traded informally. It’s very difficult to track because it van be smuggled so easily. Nearly 80% of gold produced globally is used to make jewelry but it is also used in electronics VirTex Confidential

6. IPC Industry Survey Results 63% 76% 73% 51% Over ½ to ¾ of supply base either supplies these minerals or status is unknown VirTex Confidential

7. IPC Industry Survey Results VirTex Confidential

8. IPC Industry Survey Results VirTex Confidential

9. SO WHY DOES THIS AFFECT MY COMPANY?

10. Dodd-Frank Act :Section 1502 • The U.S. Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act), which was signed into law on July 21, 2010. Section 1502 of the Act is a provision related to sourcing ―conflict minerals‖. • The intent of the provision is to deter – through increased transparency of companies‘ sourcing practices – the extreme violence and human rights violations in the Democratic Republic of Congo (DRC) and neighboring countries funded by the exploitation and trade of certain minerals. • The term ‗conflict mineral‘ is defined as: • columbite-tantalite, also known as coltan (the metal ore from which tantalum is extracted); • cassarite (the metal ore from which tin is extracted); • gold; • wolframite (the metal ore from which tungsten is extracted); or their derivatives. • Conflict minerals are also referred to as “3TG”. Additionally, any other mineral or its derivatives could be added if determined by the Secretary of State to be financing conflict in the DRC countries. • Section 1502 instructs the U.S. Securities and Exchange Commission (SEC), in consultation with the U.S. Department of State, to promulgate regulations requiring certain companies to submit annually a description of measures taken to exercise due diligence on the source and chain of custody of ―conflict minerals.

11. Dodd-Frank Act: Section 1502 Timeline

12. Dodd-Frank Act: Section 1502 Impact

13. Dodd-Frank Act: Section 1502 Impact

14. Dodd-Frank Act: Section 1502 Impact

15. Dodd-Frank Act: Section 1502 Impact

16. Compliance Strategy How and When to Get Ready

17. Supply Chain Challenges • S.1502 is Groundbreaking for our Industry as it Creates End to End Responsibility • Both a Compliance and a Moral Issue • Compliance Difficult, but not Impossible • Requires Tight Integration of Supply Chain • Transparency in Sourcing • Unknown Cost and Audit Procedures • No Way to Judge Effectiveness of Efforts

18. Supply Chain Players • Mines- 13 major mines, 200 total mines in the region (eastern Congo). 12 of the 13 major mines are controlled by the armed groups. Estimated that armed groups and military control over 50% of the 200 of the total mines. • Trading Houses- Minerals are transported to trading towns and then onto the two major cities in the region- Bukavu and Goma. The three T’s are brought by individuals on their backs, by large trucks, and/or planes. The minerals are then sorted at trading houses. • Exporters- export companies buy minerals from the trading houses and transporters, process the minerals using machinery and then sell them to foreign buyers. There are 17 exporters based in Bukavu and 24 based in Goma. • Transit Countries- (Rwanda, Uganda, Burundi…) – from the exporters the minerals are sent to the neighboring countries of Rwanda, Uganda, and Burundi. • Refiners- Metal processing companies based mainly in east Asia take the Congolese minerals and smelt or chemically process them together with metals from other countries in large furnaces. • Electronic Companies- The refiners sell Congo’s minerals into the electronic companies.

19. Industry and NGO Initiatives

20. Industry and NGO Initiatives

21. OECD Due Diligence Guidelines http://www.oecd.org/dataoecd/62/30/46740847.pdf

22. OECD Due Diligence Guidelines

23. Compliance Readiness • 1.Engage representatives from the following business areas: • •Procurement/Supply Chain • •Sustainability/CSR • •Finance • •Legal • •Legislative Affairs and Public Policy • •Investor Relations/Office of the Corporate Secretary • 2.Develop company policy: • •Adopt, and clearly communicate to suppliers and the public, a company policy for the use and tracking of materials that potentially originate from conflict-affected and high-risk areas. • 3.Assess product exposure: • •Perform product portfolio and component analysis • •Create an inventory of products for which 3TG metals are ―necessary to [the product] functionality or production‖ • •Develop list of suppliers of products for which 3TG metals are used

24. Compliance Readiness • 4.Assess supply chain risk: • •Initiate steps to implement OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: • −Examine procurement processes and perform supplier analysis to understand the extent of sourcing and the chain of custody data for minerals • −Determine source of 3TG metals, down to smelter and mining region by surveying suppliers • −Engage suppliers with whom a commercial relationship exists in modifications to contractual language to drive supply chain policy requirements. • −Engage and leverage industry-driven efforts, such as the Electronics Industry Citizenship Coalition (EICC) and Global eSustainability Initiative (GeSI) * • −Consider joining the Public-Private Alliance for Responsible Minerals Trade

25. S.1502 Resources IPC – Association Connecting Electronic Industries http://www.ipc.org/ContentPage.aspx?pageid=Conflict-Minerals-Resources-for-the-Electronics-Industry http://www.ipc.org/ContentPage.aspx?pageid=Conflict-Minerals EICC – Electronic Industry Citizenship Cooalition http://eicc.info GeSI – Global eSustainability Initiative http://www.gesi.org