Big 5 Sporting Goods Policy on Conflict Minerals
In July 2010, Congress passed Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). The goal of this Section was to eliminate the exploitation and trade of tin, tantalum, tungsten, and gold (“conflict minerals” or “3TG”) and thereby reduce a significant source of funding for armed groups in the Democratic Republic of the Congo (“DRC”) and its adjoining countries (Angola, Burundi, Central African Republic, the Republic of the Congo, Rwanda, South Sudan, Tanzania, Uganda and Zambia) (collectively, the “DRC Region”) that are engaged in human rights abuses. Rule 13p-1 under the Securities Exchange Act, which is known as the "Conflict Minerals Rule" and was adopted by the U.S. Securities and Exchange Commission (“SEC”) in furtherance of Section 1502, requires SEC registrants, including Big 5 Sporting Goods Corporation (“Big 5”, “we”, “our” or “us”), to report to the SEC and disclose on their website, among other things, whether any of the necessary conflict minerals in the products they manufacture or contract to manufacture originated from the DRC Region and, if so, the results of their due diligence to determine if the conflict minerals financed or benefitted armed groups in the DRC Region. The SEC's Adopting Release to the Conflict Minerals Rule also contains guidance on its implementation and interpretation.
Big 5 takes its obligations under SEC regulations and other regulations seriously and has adopted this policy in furtherance of those requirements. Big 5 also has adopted this policy as part of our efforts to encourage our suppliers to source responsibly, respect human rights and not contribute to conflict.
In accordance with the Conflict Minerals Rule, Big 5 is committed to identifying the source of conflict minerals in our supply chain and, where applicable, conducting due diligence. We are taking steps to determine the use and origin of 3TG in our supply chain. We do not directly source any of the components or minerals in our products and are generally far removed from mines, smelters and refiners. In addition, a significant portion of the products that we sell are third-party branded items that we order from manufacturers and wholesalers. These products are sold by many retailers and we have no influence over the manufacturing of the products, including the sourcing of the components or minerals contained therein. We require the cooperation of our suppliers in the implementation of this policy and to enable us to meet our SEC compliance requirements on a timely basis.
In support of this policy, we expect suppliers to:
- Remain educated by participating in relevant third-party education relating to conflict minerals traceability and Conflict Minerals Rule compliance.
- For products which Big 5 contracts to manufacture, determine which products contain 3TG content.
- Exercise due diligence on products that contain 3TG content, consistent with the Conflict Minerals Rule and the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
- Cooperate in providing us with the information necessary to assess whether any 3TG in products Big 5 contracts to manufacture is DRC conflict-free (as defined in the Conflict Minerals Rule) and to enable us to comply with our requirements under the Conflict Minerals Rule, including through the completion of questionnaires and/or certifications.
- Adopt a policy on responsible minerals sourcing that is consistent with this policy and establish diligence frameworks and management systems that are consistent with the OECD Guidance, and require direct and indirect suppliers to do the same.
We are collaborating with others on industry-wide due diligence solutions to enable better traceability throughout the supply chain and committing to transparency in the implementation of this policy by reporting our progress as required by SEC regulations.
We expect compliance with this policy. In cases where suppliers are found to be non-compliant with this policy, we intend to work with them and encourage them to source responsibly. Where these efforts fail or we believe that further engagement with a supplier is inappropriate, we will re-evaluate our business relationship.
If you should have further questions or concerns relating to this policy or require additional information, please contact our Product Safety Department at firstname.lastname@example.org.