WHEN? f(date of approval)
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2010 |
2015 |
2018 |
2010 |
2017 |
2014 |
2017 |
WHY? (motivators)( |
Pressure applied by consumers, investors, NGOs, and competitors toward more transparency regarding modern slavery |
To prevent the fuelling of conflicts and abuses from minerals extraction and commerce
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To legislate what is expected in terms of transparency , as it engenders confidence among different stakeholders
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The need for more balanced and fairer globalization , and for corporations to be held accountable for their activities worldwide |
WHAT?(scope)
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Requires the disclosure of the efforts (or intentions) to eradicate slavery |
Besides demanding the disclosure of anti-slavery efforts, addresses the offenses and penalties regarding the slavery practices
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Requires the disclosure of the risks, the actions taken to minimize the risks and the assessment of their results
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Requires the disclosure of the use in a production or final product of conflict minerals (tantalum, tin, tungsten and gold)
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Lays down supply chain due diligence obligations for importers of tin, tantalum, and tungsten, their ores, and gold |
Lays down rules on disclosure of non-financial and diversity information
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Requires a plan to monitor the activity of the company and all subsidiaries or companies it controls |
WHO?(disclosers)
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Californian large retailers/manufacturers (>U$100M), regarding their own businesses and direct supply chains |
Commercial organizations(>£36M) operating in the UK, regarding their own businesses and all of their supply chains |
Entities (>AU$100M) operating in Australia, regarding their own businesses and all of their supply chains, having extra territorial application
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Companies using conflict minerals originated from Democratic Republic of Congo and adjoining countries in their manufacturing or contracted manufacturing processes |
Companies that import conflict mineral into the EU, no matter where these originate from, having extra territorial application within the supply chain |
Large public-interest companies with more than 500 employees, total assets of more than €20 million and a sales revenue of more than €40 million
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Any company employing at least 5,000 employees (direct or in its French subsidiaries) or 10,000 employees (direct, in its French subsidiaries or abroad) |
WHERE? (location of disclosure)
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On the company'swebsite
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On the company'sannual statement
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Both previous + on a specific public platform
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Files reports with the US Securities and Exchange Commission and discloses it in the company's website
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Annually report in the internet and internally on their supply chain due diligence policies and practices for responsible sourcing
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In the company'sannual report
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It must be publicly available
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HOW?(key requirements)
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Disclosure must relate to five specific areas, although the content and depth of the disclosure is not determined
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Suggests possible information to disclose, such as the company's policies and due diligence processes related to slavery |
Establishesmandatory criteria and demands the disclosure of due diligence and remediation processes and results; offers government guidance; failure to comply may be published
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Reports must describe its due diligence efforts through a recognized framework and must inform about the origin of the minerals used; reports must be audited
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Companies must follow OECD Guidance, assessing the risk in the supply chain, implementing risk management strategies,and caring out independent audit of supply chain due diligence
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Reports must include policies related to environmental and social responsibility (treatment of employees, human rights, diversity, anti-corruption),describing policies and due diligence processes. No specific guideline required |
The plan must include due diligence measures to identify and mitigate risks and to prevent violations of human rights, human health and safety, and the environment. Alert mechanisms and evaluation of effectiveness must be included |
SO WHAT?(in case of non-compliance)
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No penalties for non-compliance |
No penalties for non-compliance but the Secretary of State can apply for an injunction to compel a company to publish a statement
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No penalties for non-compliance but entity must be asked to undertake remedial action in relation to the requirements unfulfilled
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The Act is a disclosure requirement only and places no ban or penalty on the use of conflict minerals |
Member states may impose penalties upon EU importers in the event of persistent failure to comply with the obligations
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Reports will be audited, but not verified — and no sanctions are in place for companies that fail to comply; member statesmay impose penalties upon failure to report adequately |
Civil liability of the author of infringement and the obligation to repair the damages that the execution of these obligations would have avoided |
TYPOLOGY OF SUPPLY CHAIN INFORMATION(Marshall et al., 2016Marshall, D., McCarthy, L., McGrath, P., & Harrigan, F. (2016). What's your strategy for supply chain disclosure? MIT Sloan Management Review, 57(2), 37-45. Retrieved from https://sloanreview.mit.edu/article/whats-your-strategy-for-supply-chain-disclosure/ https://sloanreview.mit.edu/article/what...
) |
Social information
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Social information
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Social information
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Social information,membership, and provenance
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Social information,membership, provenance
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Social information,membership, environmental information, and provenance
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Social information,membership, environmental information, and provenance
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