For the past three years, the RMI has had a long-term and extensive dialogue with ITSCI to discuss alignment assessments and upstream recognition terms. These discussions supported improved mutual understanding of our respective programs, helped the RMI understand clarifications needed in our systems and communications, and informed the RMI’s actions to support member and smelter due diligence in the Great Lakes Region.
However, important gaps remain in ITSCI’s fulfillment of recognition terms. In full review of information on ITSCI from the alignment assessment (AA), UN Group of Experts, RMAP smelters, and other independent reporting, the RMI considers that recognition of ITSCI would not serve the RMI’s mission to support regulatory compliance and responsible sourcing of minerals from CAHRAs at this time. The RMI is pausing consideration of ITSCI recognition for at least one year.
This memo includes the following updates:
- ITSCI has not met the RMI’s recognition terms and has not provided sufficient response to questions about risk management of conflict escalation impacting minerals trade in the DRC and Rwanda. The RMI will not recognize ITSCI at this time and would consider ITSCI reapplication in one year, with potential recognition effective in 2026 at the earliest.
- The RMI’s recognition program is ongoing and includes additional checks to manage the risk of illegal minerals infiltration, with further dialogue planned to inform future iterations of our recognition policy.
- The RMI continues to demonstrate our long-term commitment to enhanced due diligence and enabling responsible CAHRA sourcing via smelter technical assistance, guidance and tools, independent RMAP assessments, and research and monitoring.
Please see below for additional information.
1. ITSCI has not met the RMI’s recognition terms and has not provided sufficient response to questions about risk management of conflict escalation impacting minerals trade in the DRC and Rwanda. The RMI will not recognize ITSCI at this time and would consider ITSCI reapplication in one year at the earliest, with potential recognition effective from 2026.
While the RMI appreciates the long-term dialogue with ITSCI regarding alignment assessments, North Kivu risk management, upstream recognition, and many other issues, the RMI is pausing consideration of ITSCI’s application as a recognized upstream system.
Key factors informing this decision include the following:
- Lack of ITSCI agreement to full recognition terms set by the RMI in 2023;
- Gaps in ITSCI’s 2022 alignment assessment (AA), which did not include field visits to high-risk production sites in the DRC. The RMI considers field observations of high-risk sites to be fundamental to recognition, even if a decision is taken to not to do so in an AA.
- Significant escalation of conflict and armed group control over key 3T mines in North Kivu, coupled with increased reports of infiltration through sites in South Kivu and Rwanda, including where ITSCI operates. The conflict context has changed dramatically since the AA, and ITSCI has provided limited response to the RMI’s questions of how ITSCI is managing these serious risks.
Given that the above gaps include systems-level design issues, the RMI will have a one-year waiting period for considering a reapplication from ITSCI, until at least July 2025. Should ITSCI be interested in pursuing recognition in the future, the RMI, with Steering Committee consultation, would review recognition terms based on the policies and in consideration of the factors raised above. With this timeline, the earliest potential effective date of ITSCI recognition would be January 2026.
The RMI is issuing detailed guidance to RMAP smelters and assessors which describes the extent to which ITSCI-provided information fulfills RMAP enhanced due diligence requirements, with recommendations on ways in which smelters can take action to address gaps.
As we have since December 2023, the RMI continues to offer and encourage individual, specialized technical assistance with any questions on the use of ITSCI or other systems to support meeting RMAP CAHRA sourcing requirements. Smelters may contact RMITechnicalAssistance@responsiblebusiness.org for questions and consultation.
The RMI also plans to launch a Facility Advisory Work Group, to first focus on 3T and CAHRA sourcing. The RMI is reaching out to T.I.C., TI-CMC, and ITA to identify representatives for the first phase of this work group and also welcomes expressions of interest from 3T smelters by contacting RMITechnicalAssistance@responsiblebusiness.org.
2. The RMI’s recognition program is ongoing and includes additional checks to manage the risk of illegal minerals infiltration, with further dialogue planned to inform future iterations of our recognition policy.
The RMI’s recognition program is ongoing and will include scrutiny on how systems manage the risk of the flow of illegal minerals into formal supply chains. As noted in our 20 May 2024 memo to RMI members, smelters, and assessors, the RMI has begun a stock-taking of our recognition program, to be informed by results of independent research and monitoring, smelter technical assistance, and engagement with and information from government and other actors. We intend to undertake expert and stakeholder consultation on recognition design and policies to uphold the core objective of responsible minerals sourcing, including from CAHRAs, and to meet the evolving expectations of and requirements on due diligence systems.
The RMI will update our recognition policy and approach in the coming year based on lessons learned, expert and stakeholder input, a review of regulatory requirements, and other international norms such as the anticipated OECD issuance of system credibility factors.
Please see the RMI website for more information on the RMI’s recognition program. The RMI welcomes ideas about or inquiries from upstream systems supporting responsible sourcing from CAHRAs, including systems led by organizations based in the Great Lakes Region.
3. The RMI continues to demonstrate our long-term commitment to enhanced due diligence and enabling responsible CAHRA sourcing via smelter technical assistance, company guidance and tools, independent RMAP assessments, and research and monitoring.
Requirements for RMAP conformance remain unchanged and are aligned with OECD Guidance. Smelters sourcing from conflict-affected and high-risk areas (CAHRAs) can be assessed as RMAP conformant only if the facility demonstrates risk assessment and risk management for their upstream supply chains in line with OECD Guidance, including full traceability or chain of custody for minerals from mine to export, know-your-counterparty due diligence of upstream actors, and on-the-ground assessments, among other requirements.
The RMI’s priorities for supporting enhanced due diligence include the following:
- Facilitation and quality control of independent RMAP assessments consistent with the RMI’s OECD-aligned standards;
- Smelter capacity building and guidance on enhanced due diligence, including tools, training, due diligence alerts and information, individualized technical assistance to facilities, and forthcoming advisory work group (as described above);
- Guidance to the RMI’s membership on responsible downstream due diligence and information-sharing on risks in the region; and
- Research and monitoring, including independent research and engaging with local and regional experts to understand the status of conflict-affected production and trade in and from North Kivu.
The RMI is awaiting the final report of the UN Group of Experts on the Democratic Republic of the Congo, as well as results of our own research. Taking this into consideration, RMI members, RMAP smelters, and RMAP assessors can expect to receive a more specific alert with further recommendations for implementing RMAP’s enhanced due diligence requirements for material from Eastern DRC and Rwanda.
