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Conflict Minerals Regulations Baselworld 19 March 2015

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Page 1: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Conflict Minerals Regulations

Baselworld 19 March 2015

Page 2: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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• Welcome & Introduction (Charles)

• RJC Update (Ashish)

• Conflict Minerals Regulation• Presentation by OECD (Louis Marechal)• Presentation by EU DG Trade (Rein Nieland via Video

recording)• Presentation by CEO of PAMP (Mehdi Barkhordar)

• Q & A session with speakers (moderated by Charles)

• Thanks & Close (Ashish)

Session Structure

Page 3: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

RJC – Building Responsible Supply Chains

Baselworld 19 March 2015

Ashish DeoChief Executive Officer - RJC

Page 4: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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1. The international standards setting and certification body forfine jewellery & watch industry – ‘Mine to Retail’

2. Scope = Gold, Diamonds and Platinum group metals

3. Founded in 2005

4. Initial launch of Standards – Code Of Practices (COP) - in 2009

5. Chain Of Custody standard (COC) for Gold and Platinum GroupMetals launched in March 2012

6. Revised COP Standard launched - November 2013, includingnew requirements for sourcing from Conflict-Affected Areas,and new, voluntary, Provenance Claims provision

RJC – A Quick Reminder of Who We Are

Page 5: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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Strong growth in membership

2010 2011 2012 2013 2014

205

300

404

470

571

3

120

242

306

387

Total Members by Year-End Certified Members

Page 6: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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RJC membership is diverse and covers the entire chain from mine to retail

1. Large, medium and small businesses

2. Spread over 60 countries

3. Certified facilities cover over 270,000 people

Page 7: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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Providing better support to our members

1. Increased and improved Training – members and auditors

2. Translations into several languages

3. Harmonisation – to reduce duplication of efforts / costs

4. Impact report – tracking tangible benefits

Page 8: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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Benefits of RJC Membership

• Builds confidence in your company as a responsible supplier and customer.

• Ensures you operate to international best practices and achieve:1. Higher employee retention and motivation

2. Better customer & supplier relationships

3. Effective management of supply chain risks

• Enables you to trade internationally and comply with international rules for responsible supply chains :

• RJC certification and audit can be used to show compliance with many different rules / protocols

• Provides a shared and cost-effective way to contribute to long term future of the industry

Page 9: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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Responsible Sourcing is more than ‘conflict free’

Drivers:Reactive• Regulatory pressures

• Need to identify and manage risks

• Better control over supply chains

• Changing consumer expectations

Proactive• Voluntary efforts to enhance business reputation

Page 10: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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RJC CoC Certification and Provenance Claim provision support responsible sourcing

• Voluntary, and in addition to COP

• CoC certification supports implementation of OECD Due Diligence Guidance and has cross-recognition agreements with LBMA Responsible Gold Guidance, DMCC Good Delivery and provisions of US Dodd-Frank Act for Gold & Platinum group metals

• 21 Refiners already CoC certified. Some miners and retailers in progress

• Provenance Claim allows members to align certification and audit with several industry standards and protocols – cost & time efficient

• Provenance Claim provision available for Gold, Diamonds, and Platinum group metals

• RJC Support: training, help desk, webinars and fact sheets

Page 11: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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Vision, Mission, and Values Remain Relevant

• RJC Vision Our vision is a responsible world-wide supply chain that promotes trust in the global fine jewellery and watch industry.

• RJC MissionWe strive to be the recognized standards and certification organization for supply chain integrity and sustainability in the global fine jewellery and watch industry.

• RJC Values We are respectful and fair. We practice honesty, integrity and accountability. We engage in open collaboration.

Page 12: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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Join a community of confidence

• RJC - the recognised standard for jewelleryindustry

• Supported by over 600 Members

www.responsiblejewellery.com

Page 13: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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LOUIS MARECHALPOLICY ADVISOR - EXTRACTIVES

Page 14: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Conflict financing

Non-state armed groups or public security forces, associated with serious abuses:

• Illegally control mine sites, transportation routes, or dealers in minerals

• Illegally “tax” or extort money or minerals from artisanal miners, mineral traders and exporters

• Illegally “tax” or extort money or minerals at mine sites, transportation routes, or points where minerals are traded

Gold from the Democratic Republic of the Congo• Alluvial, artisanal gold &

informally, illegally mined

• Estimated conflict area annual ASGM output: ~10 tonnes

• Market value: $380 millionSource: WGC & IPIS (2014)

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Page 15: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

OECD Due Diligence Guidance for Responsible Mineral Supply Chains

Objective To provide clear, practical guidance for companies to ensure they do not

contribute to conflict or abuses of human rights through their mineral and metal procurement practices

Method and scope 5-step risk-based due diligence process, applies to all companies throughout the

entire mineral supply chain that potentially use minerals conflict or high-risk areas

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Page 16: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Key features of the OECD Due Diligence Guidance - summary

One set of expectations A common framework for due diligence expectations throughout the entire mineral supply chain from mines until end users

Progressive approachThe promotion of constructive engagement with suppliers in order to gradually affect change

Reasonable and good faith effortsNot 100 % compliance overnight

Government and industry programmes can help accomplish due diligence tasks

Companies should use and build upon existing systems!

Risk-basedIntensity of due diligence proportional to risk

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Page 17: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Applies to all types of gold

MinedGold

• Gold from artisanal sources (ASM Gold)

• Gold from large-scale mines (LSM Gold)

RecyclableGold

Grand-fathered

stocks

• Gold held in vaults with verifiable date before 1 January 2012

Applies to

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Page 18: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Involves actors all along the supply chain

Mining companies,

ASM

Local gold traders & exporters

Refiners Bullion Banks Jewellers, manufacturers

Upstream Companies

Downstream companies

RecyclersRefiners are the “choke point” in the supply chain! 18

Page 19: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Structure of the Guidance

Supplement on 3Ts

Supplement on gold

Appendix on artisanal and small scale mining for gold

Annex I: description of 5-step approach

Annex II: model supply chain policy

Annex III: principles for risk mitigation

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Page 20: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Structure of the OECD GuidanceFocus on annex II and III

• A model supply chain policy (Annex II):

NO! Sourcing from parties linked to serious abuses

NO! Direct or indirect support to non-state armed groups

MITIGATE! Direct or indirect support to public or private security forces

MITIGATE! Bribery in the supply chain, fraud or misrepresentation of chain of custody or traceability information

MITIGATE! Money-laundering through the mineral supply chain

MITIGATE! Non-payment by suppliers of taxes, fees and royalties related to mineral extraction, transport and export, or non-disclosure of payments by suppliers in accordance with EITI

• Measures for Risk Mitigation and Indicators for Measuring Improvement (Annex III)

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Page 21: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

5-step risk-based framework

Step 5:report

on all

steps

Step 1: company management systems

Step 2: risk assessment

Step 3: risk mitigation & monitoring

Info

rmat

ion

Step 4: audits of refiners’ due diligence practices

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Page 22: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Risk identification for downstream companies

Identify the refiners in your supply chain

• Collect information directly from suppliers

• Use risk-based approach to verify supplier information

Assess whether refiners are sourcing minerals responsibly

• Do smelters and refiners undertake OECD Due Diligence?

• Have the refiners been audited (e.g. LBMA, RJC, DMCC) ?

Preliminary indicators of due diligence may include: A public policy on minerals from conflict-affected and high-risk areas, consistent with

Annex II of the Guidance

A public report on refiner‘s due diligence

Participation in international or industry collaboration on responsible sourcing, e.g. OECD Forum and implementation programme, industry or other multi-stakeholder initiatives

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Page 23: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Was does it mean for SMEs?

• The Guidance recognizes that flexibility is needed in its application depending on individual circumstances and factors such as

– the size of the enterprise– the location of the activities– the situation in a particular country, the sector and nature of the products or services involved

• However, it expects all companies to adopt a responsible business conduct that will have them

– ask the right questions to their customers or suppliers– respond to inquiries on responsible mineral supply chains– collect all relevant documentation – and, in general, be aware of the potential negative impacts of their activities

• Expectations on small and mediums enterprises in the downstream segment of the global industry are less demanding than expectations set on companies on the ground, in producing countries; or on large companies with proportionate financial means and human resources

• A study is currently underway to understand the practical challenges of due diligence implementation for SMEs: Take the survey! 23

Page 24: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Industry initiatives can help companies implement the OECD Guidance but don’t take away individual companies’ own responsibility

Glo

bal

Min

eral

Su

pp

ly C

hai

n

Miners (artisanal and industrial)

Refiners & Smelters

Bullion Banks

Downstream manufacturers (electronics, jewellers & others)

3T Programmes Gold Programmes

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Page 25: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

EU Regulation

► March 2014 – Draft EU initiative and legislation released:

Voluntary self-certification scheme for importers of 3T and gold into EU common market

Based on OECD Due Diligence Guidance

Accompanying measures include public procurement benefits, SME financing for due diligence, global responsible smelter lists and funds for OECD implementation programme

► Main differences (as the draft currently stands):

EU regulation focuses on the importer only

EU system to develop an audit of the importer –OECD only recommends audit at the smelter / refiner stage

EU initiative on responsible mineral supply chains

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Page 26: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Why get involved in responsible mineral sourcing?

Gain more information on your supply chain for better commercial decision-making

EU and US market access – meet customer demands

Ethical responsibility & avoid reputational damage for your company and industry

Avoid risk of UN sanctions if sourcing from the DRC or neighbouring countries

Supply chain security – avoid unnecessary disruptions in your supply chain

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Page 27: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

• Forum: from May 4 to 6, at the OECD Conference Center, Paris

• Focus of the Forum:– Presentation of the first draft of the CCCMC Guidance on

responsible supply chains of minerals from conflict-affected and high-risk areas. Discussions on the setting up of an audit mechanism.

– Gold production and trade in Colombia and in Central Africa – Discussions on advancing harmonization of audit protocols– Financing models for responsible artisanal and small-scale

mining– Assessing & enhancing the contribution of SMEs to supply chain

due diligence and responsible supply chain of minerals

9th ICGLR-OECD-UN GoE Forum on Responsible Supply Chains of minerals

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Page 29: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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REIN NIELANDPOLICY OFFICER – DG TRADE

TRADE

Page 30: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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VIDEO PRESENTATION

Please click here to view

Page 31: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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MEHDI BARKHORDARCEO – PAMP

Page 32: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

An MKS PAMP GROUP Company

RJC - Chain of CustodyRJC BaselworldBasel, 19 March 2014

Page 33: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

Table of content

RJC - Chain of Custody – Confidential –33

1. Who we are

2. Corporate Responsibility

3. RJC Chain of Custody

4. Our Value Proposition : BEYOND PRECIOUSTM

Page 34: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

Who we are1.

RJC - Chain of Custody – Confidential –

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Page 35: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

MKS PAMP GROUP

RJC - Chain of Custody – Confidential –35

The MKS PAMP Group is an industrial and financial services group specialisingin all aspects of the precious metals business, drawing on more than 60-years of experience.

The Group employs over 600-people and has a local presence in key precious metal markets. MKS PAMP Group provides high quality products and efficient services through 2 refineries and mints, 14 offices, in 11 countries on 5 continents.

Page 36: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

MKS PAMP GROUP worldwide

RJC - Chain of Custody – Confidential –36

New York Castel San Pietro

DubaiIstanbul

Singapore

Shanghai

Sydney

Kuala LumpurBangkok

New DelhiHaryana

Geneva

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© PAMP

Our Clients

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MKS PAMP Group has a diverse client base, spanning the full spectrum of precious metals markets:

• Central Banks• Retail & Commercial Banks• Government Mints• Government Postal Authorities• Mining Companies• Jewellery & Watch Manufacturers• Jewellery Wholesalers• Asset Managers• Bullion Retailers• Direct Marketers

RJC - Chain of Custody – Confidential –

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© PAMP

Corporate Responsibility2.

RJC - Chain of Custody – Confidential –

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Page 39: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

PAMP’s Comprehensive Responsible Compliance Framework

RJC - Chain of Custody – Confidential –39

LBMA/OECDResponsible Supply Chain

Swiss AML-CFT

RJCCoPCoC

PAMPBeyond Precious

ISO/OHSAS Quality,

Environment, Safety

SAISocial

Accountability

Page 40: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

Responsible Practices at PAMP

RJC - Chain of Custody – Confidential –40

Name Nature Conflict free

AML CTF

Human Rights criteria

Health Safety criteria

Social, environ

ment criteria

Full Track and

Trace

Applies to full Metal Input/ Output

LBMA Mandatory

SA8000 Voluntary

RJC CoP Voluntary

RJC CoC Voluntary

Page 41: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

Our observations on the dynamics of Responsible Sourcing

RJC - Chain of Custody – Confidential –41

1. Growing awareness of conflict gold issue

2. Determination of gold origin more accepted

3. Better cooperation of other market participants of the supply chain during due diligence process

4. Slowly rising markets and consumer expectations

5. Increasing number of companies with responsible sourcing certification

6. Extraction : Acute issues remain in certain regions

7. ASM Responsible Sourcing: Acute

implementation issues remain

8. Conflict/High risk area: Inconsistency of application of conflict/high risk area criteria by different supply chain actors remains a competitive issue

Page 42: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

Responsible Sourcing: The way forward

RJC - Chain of Custody – Confidential –42

1. Increased diligence of all market players as to responsible sourcing

2. Incentivize and support resolution of acute issues at extracting level

3. Increase the current scope of materials (gold and 3T) to other precious metals

4. Compulsory due diligence beyond conflict/high risk area determination

5. All supply chain actors should obtain a responsible sourcing certification –not only refiners

6. To clarify and adjust due diligence requirements on ASM supply chain

7. Include Business Ethics, Health & Safety and Environment

Page 43: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

RJC Chain of Custody3.

RJC - Chain of Custody – Confidential –

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Page 44: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

RJC – Chain of Custody Implementation

RJC - Chain of Custody – Confidential –44

1. Management Systems and Responsibilities

2. Internal Material Controls 3. Outsourcing Contractors and Service Companies : n/a

4. Systems to Confirm Eligible Material

5. Eligible Materials

6. Issuing Chain-of-Custody Documentation

Page 45: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

RJC – Full Track and Trace

RJC - Chain of Custody – Confidential –45

Full traceability through segregation in :

Handling from

source to

refinery

Pre-refining

melt

Cell for refining

Melting of

sponge resulting

from refining

Lots for minting

or casting

Finished product

Page 46: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

Issues faced

RJC - Chain of Custody – Confidential –46

• Implementation : none

• Upstream : very limited supply of mined CoC material

• Downstream : limited demand so far

Page 47: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

Our value proposition :BEYOND PRECIOUSTM4.

RJC - Chain of Custody – Confidential –

Page 48: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

© PAMP

Conflict free

AML-CFT

Limited Environmental impact

Safety assurance

No Human right abuse and work of

children

Certified mine

Community supported

Full Traceability

BEYOND PRECIOUSTM, GOLD FOR POSITIVE IMPACT

RJC - Chain of Custody – Confidential –48

Page 49: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

An MKS PAMP GROUP Company

Thank youThis presentation is confidential and should not be replicated or distributed without the permission of MKS PAMP GROUP.

Page 50: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

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Q & A

PLEASE RAISE YOUR HAND TO ASK YOUR QUESTION.

Page 51: Conflict Minerals Regulations - Responsible Jewellery Council … · OECD Due Diligence Guidance for Responsible Mineral Supply Chains. Objective To provide . clear, practical guidance

Thank you!

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