OMSA is a Smelter in Bolivia, a land locked country in the hart of South America. The smelter is strategically positioned in the Bolivian Tin Belt close to the city of Oruro where for the past 400 years Tin concentrates have been produced. Bolivia has vast reserves both proven and probable of Tin production for the next century. OMSA's history started 75 years ago smelting tin always considering with both local and international regulation. All of OMSA's concentrate feed come form Bolivian Mines with peculiar mineralization characteristics, typical of this part of the word. We have precise knowledge of the region and specific mine of each concentrate, since Bolivian regulations impose the supervision and registration of all concentrate. In addition we needs to prove this register prior to exporting metallic ingots. OMSA is a member of ITRI and through them we are fully informed and take action in the different international policies from many countries, institutions and entities to be a step ahead and always comply and contribute to any past, present or new regulation. OMSA is very well aware of the ITSCI initiative in the Democratic Republic of Congo, with this knowledge we would not purchase non-iTSCi untraceable concentrates form this country. All of our staff, upper management and intermediary levels decision takers, have been trained as to understand the hardships and difficulties in the DRC, and we have all committed to be aware and alert to any incongruence’s when purchasing concentrate. Section 1502 of the US Dodd-Frank Wall Street Reform and Consumer Protection Act signed into law by President Obama on July 21st 2010 states:
SEC. 1502. CONFLICT MINERALS. (a) SENSE OF CONGRESS ON EXPLOITATION AND TRADE OF CONFLICT MINERALS ORIGINATING IN THE DEMOCRATIC REPUBLIC OF THE CONGO.—It is the sense of Congress that the exploitation and trade of conflict minerals originating in the Democratic Republic of the Congo is helping to finance conflict characterized by extreme levels of violence in the eastern Democratic Republic of the Congo, particularly sexual- and gender-based violence, and contributing to an emergency humanitarian situation therein, warranting the provisions of section 13(p) of the Securities Exchange Act of 1934, as added by subsection (b). (b) DISCLOSURE RELATING TO CONFLICT MINERALS ORIGINATING IN THE DEMOCRATIC REPUBLIC OF THE CONGO.—Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as amended by this Act, is amended by adding at the end the following new subsection: ‘‘(p) DISCLOSURES RELATING TO CONFLICT MINERALS ORIGINATING IN THE DEMOCRATIC REPUBLIC OF THE CONGO.— ‘‘(1) REGULATIONS.— ‘‘(A) IN GENERAL.—Not later than 270 days after the
date of the enactment of this subsection, the Commission shall promulgate regulations requiring any person described in paragraph (2) to disclose annually, beginning with the person’s first full fiscal year that begins after the date of promulgation of such regulations, whether conflict minerals that are necessary as described in paragraph (2)(B), in the year for which such reporting is required, did originate in the Democratic Republic of the Congo or an adjoining country and, in cases in which such conflict minerals did originate in any such country, submit to the Commission a report that includes, with respect to the period covered by the report— ‘‘(i) a description of the measures taken by the person to exercise due diligence on the source and chain of custody of such minerals, which measures shall include an independent private sector audit of such report submitted through the Commission that is conducted in accordance with standards established by the Comptroller General of the United States, in accordance with rules promulgated by the Commission, in consultation with the Secretary of State; and
‘‘(ii) a description of the products manufactured or contracted to be manufactured that are not DRC conflict free (‘DRC conflict free’ is defined to mean the products that do not contain minerals that directly or indirectly finance or benefit armed groups in the Democratic Republic of the Congo or an adjoining country), the entity that conducted the independent private sector audit in accordance with clause (i), the facilities used to process the conflict minerals, the country of origin of the conflict minerals, and the efforts to determine the mine or location of origin with the greatest possible specificity. ‘‘(B) CERTIFICATION.—The person submitting a report
under subparagraph (A) shall certify the audit described in clause (i) of such subparagraph that is included in such report. Such a certified audit shall constitute a critical component of due diligence in establishing the source and chain of custody of such minerals.
In view of the delicate situation mentioned in this law, and considering OECD due diligence guidance as an international standard recognized during the discussion of the SEC rule, OMSA has opened all documents to be reviewed by reliable authorized auditors to proceed with the due diligence and establish that none of our concentrates are from the DRC. OMSA is committed on complying with the Dodd Frank act, Annex II of the OECD guidance and SEC rules as well as any other law trying to prevent acts of human rights violation. With these considerations we can declare that all our concentrates have validated Origen and we can demonstrate this to any authority that would require this information.
Version 2, November 2012.
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