As noted in our alert dated May 12, 2014, the National Association of Manufacturers, et al. requested on May 5, 2014 an emergency stay of the conflict minerals rule (the “Rule”) or at a minimum, a delay of the June 2, 2014 filing deadline for Form SD. On May 14, 2014, the United States Court of Appeals for the District of Columbia Circuit (the “Court of Appeals”) denied the request to stay the Rule or the filing deadline.
As a result of the denial of the stay, reporting companies should continue their steps to be in a position to comply with the parts of the Rule not affected by the partial stay previously issued by the Court of Appeals (e.g., the reasonable country of origin inquiry and due diligence requirements) and to file Form SD on or before June 2, 2014. Please see our May 12, 2014 Alert regarding these steps.