Ordinance on Due Diligence Obligations and Transparency Regarding Minerals and Metals from Conflict Areas and Child Labour

To facilitate transparency and due diligence regarding minerals and metals from conflict zones, the Swiss Federal Council issued an Ordinance on the due diligence and transparency duties of Swiss companies with respect to minerals and metals from conflict zones and child labour (ODiTr). 

Companies that release or process ores or metals containing tin, tantalum, tungsten or gold (“3TG” or “conflict minerals”) into the Swiss market and have a registered office, central administration, or whose principal place of business is in Switzerland, have a duty to file an annual report on all upstream economic operators if releases into the market 3TG minerals that originate from conflict or high-risk areas or if there is a reasonable suspicion that products or services containing 3TG were produced using child labour. 
The report must meet specific criteria describing emissions, human rights and corruption, and provide an evaluation of the effectiveness of their policies as well as a risk management plan identifying risks and mitigation measures. Additionally, they must set up a management system that outlines both a supply chain policy and a traceability system to show chain of custody. Companies are exempted from the due diligence and reporting duties when they can prove that they follow the OECD Minerals Guidance or the EU Conflict Minerals Regulation or when the metals or ores imported do not reach the provided threshold.

Intentionally or negligently providing false information or failing to maintain the reports is punishable by a fine.

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