GAO说，SEC采用冲突矿产披露规则的延迟正在阻碍发行人合规计划的发展。

根据政府问责办公室的说法，由于证券交易委员会尚未采用最终的冲突矿产披露规则，因此制定计划以协助将受到影响的公司的计划已被推迟。bob200体育The GAO said that, as a result, there is now uncertainty about the SEC’s due diligence and reporting requirements, which is making it hard for multilateral organizations, industry associations, and other stakeholders to “expand and harmonize” their in-region and global sourcing initiatives. The agency has recommended that SEC Chairman Mary Schapiro identify what steps need to be completed (and when) so that the Commission can finally put out a final rule.

根据2010年《多德 - 弗兰克华尔街改革与消费者保护法》第1502条的规定，SEC必须开始持有民主共和国和附近国家的冲突矿产发行人，对增强的披露要求负责。（该委员会原本应该确保该规定已于去年4月之前实施。）本月，美国证券交易委员会（SEC）表示，将考虑是否在8月的公开会议上采用最终的冲突材料。

The GAO has said the delay by the SEC to finalize a rule is a result of the Commission’s already heavy workload for rulemaking, the volume of stakeholder input, a high learning curve on a subject that staff wasn’t well-versed in, cost concerns by industry members, and the Commission’s concentration on cost-benefit analysis. Among the global initiatives that this delay has hampered, said the GAO, are the Conflict-Free Smelter Program and The Tin Supply Chain Initiative. The first looks to confirm that the sources of smelters processed-conflict minerals are conflict free, while the latter supports the responsible sourcing of materials from central Africa. Both provide assistance to downstream companies seeking to obtain minerals from conflict-free suppliers.

The regulator had put out a proposal about the requirements in December 2010. Back then, it estimated that out of 13,000 public companies, approximately 5,500 issuers would likely be affected. Industry opposition to the proposal was swift, with some contending that the Commission had underestimated the impact of the rule and the inevitable financial costs. Earlier this month, the U.S. Chamber of Commerce requested that the SEC issue a re-proposal of the requirements because previous cost estimates were “fundamentally deficient.”

“在过去的几年中，事件应强调在SEC进行改革的必要性。大多数人都同意，“证券警察在麦道夫崩溃和其bob200体育他广泛欺诈期间没有从事他们的工作。”bob200体育证券律师威廉·谢泼德（William Shepherd）。“Current SEC Chairperson Shapiro was then in charge of the securities industry’s own self-regulatory organization, which had the primary duty to oversee the Madoff securities firm. Yet, she was subsequently promoted to head of the SEC. That agency is now bowing to pressure by the securities firms she was hired to police during this and other matters. Having the ‘fox in charge of the henhouse’ seems to apply here.”

Read the GAO’s report(PDF)

GAO：SEC未能采取冲突矿产篮球运动员倡议，以帮助发行人合规，彭博/BNA，2012年7月17日

更多博客文章：
秒Chairman Mary Schapiro Stands By Agency’s 2011 Enforcement Record，股票经纪人欺诈博客，2012年3月15日

Dodd-Frank Whistleblower Protection Amendment Must Be Applied Retroactively, Said District Court，股票经纪人欺诈博客，2012年7月21日

No SIPA Coverage for Soft Dollar Credits, Says Bankruptcy Court, Institutional Investor Securities Blog, July 21, 2012
To schedule your free case evaluation with anexperienced securities lawyer， 接触Shepherd Smith Edwards和Kantas，Ltd，LLP今天。