EX-1.01 2 d935087dex101.htm EX-1.01 EX-1.01

Exhibit 1.01      Conflict Minerals Report

 

Telefonaktiebolaget LM Ericsson

Conflict Minerals Report for the year ended December 31, 2014

This Conflict Minerals Report of Telefonaktiebolaget LM Ericsson for the year ended December 31, 2014 is provided pursuant to Rule 13p-1 under the Securities Exchange Act of 1934, as amended, (the “Rule”). The Rule was adopted by the U.S. Securities and Exchange Commission (the “SEC”) to implement disclosure and reporting requirements pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. As permitted by the Rule, this report has not been subject to an independent private sector audit.

1. Overview

Ericsson is a global provider of telecommunications infrastructure related products and services, including communications networks, services and support solutions.

This report has been prepared by the management of Telefonaktiebolaget LM Ericsson (herein referred to as “Ericsson”, the “Company”, “we”, “us”, or “our”). This report does not include the activities of entities that are not required to be consolidated in our financial statements.

In accordance with the Rule, this report is available on our website:

http://www.ericsson.com/thecompany/investors/financial-reports.

2. Supply Chain

The hardware provided by Ericsson largely consists of electronics. The supply chain is complex with multiple tiers of suppliers. For manufacturing, Ericsson purchases customized and standardized components from several global providers as well as from local and regional suppliers, either off-the-shelf or in accordance with Ericsson’s design or specifications. Certain types of components, such as power modules, are produced in-house and the production of electronic modules and sub-assemblies is mostly outsourced to manufacturing services companies. Final configuration of products is largely done in-house and on-demand. This consists of assembling and testing modules and integrating them into complete units. A number of Ericsson’s suppliers design and manufacture highly specialized and customized components. Ericsson gathers materials declarations from suppliers, which give Ericsson considerable insight into the materials used in our products, including cassiterite, columbite-tantalite, gold, wolframite, and their derivatives, tin, tantalum, tungsten and gold (“3TG”).

Ericsson relies on its first tier suppliers to provide information on the origin of 3TG contained in components and parts included in Ericsson’s products, including sources of 3TG that are supplied to them from sub-suppliers. Ericsson’s first tier suppliers are required to comply with the requirements in the Ericsson Lists of Banned and Restricted Substances, which include an obligation to provide information on 3TG upon request and to have appropriate due diligence processes in place to identify the source and chain of custody of 3TG. Our first tier suppliers are similarly reliant upon information provided by their suppliers. Certain of Ericsson’s large hardware suppliers are also SEC registrants and subject to the Rule.

The identification of first tier suppliers of Ericsson that are in scope under the Rule involved different parts of Ericsson’s global organization including Ericsson’s sourcing organization, regions, business units and local production sites. Suppliers identified to be in scope are first tier suppliers of Ericsson supplying (i) products containing 3TG that Ericsson contracts to manufacture, (ii) materials, parts, components, products and similar, containing 3TG, that are incorporated into or included in a product manufactured by Ericsson, or (iii) materials used in the production of Ericsson’s products where 3TG becomes a part of the final product. Suppliers of products purchased off-the-shelf and not included in, or incorporated into an Ericsson product have been considered not in scope for purposes of the Rule. We surveyed first tier suppliers identified to be in scope and analyzed and followed up responses as deemed appropriate.

 

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Exhibit 1.01      Conflict Minerals Report

 

Ericsson believes that industry cooperation is the best way to address issues related to 3TG in an efficient and transparent way. Therefore Ericsson is engaged and actively cooperates with other major manufacturers and participates in 3TG industry initiatives such as the Conflict Free Sourcing Initiative (CFSI) driven by the Global e-Sustainability Initiative (GeSI) and the Electronic Industry Citizenship Coalition (EICC).

We do not typically have a direct relationship with 3TG smelters and refiners and we do not perform or direct audits of these entities within our supply chain. In accordance with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and the related Supplements for gold and for tin, tantalum and tungsten (the “OECD Guidance”), we support the CFSI’s audit of smelters’ and refiners’ due diligence activities. In our internal processes we use data obtained through our membership in the CFSI, using CFSI’s Reasonable Country of Origin Inquiry Report for Ericsson (CFSI member LMEE).

3. Due Diligence Process

Ericsson has one global management system, known as the “Ericsson Group Management System” (the “EGMS”). The EGMS is a framework consisting of rules and requirements for Ericsson’s business, specified through process and organization descriptions, policies, directives and instructions. The management system is applied in Ericsson’s operations globally, and its consistency and global reach is designed to build trust in the way Ericsson works. Ericsson does not implement external requirements without analyzing them and putting them into the Ericsson context.

Ericsson has processes in place for the purpose of exercising due diligence in its supply chain. The design of these processes conforms substantially to the OECD Guidance. Due diligence within Ericsson is an on-going process, both proactive and reactive, where suppliers are continuously evaluated against Ericsson’s requirements to ensure that these requirements are systematically incorporated in the suppliers’ processes. Ericsson has published additional information about its commitment to responsible sourcing and engagement with its suppliers and other stakeholders in its Sustainability and Corporate Responsibility Report for 2014, which includes an annual summary of Ericsson’s performance in the areas of responsible business; energy, environment and climate change; and communication for all.

The Company has established a program team for reporting on 3TG and compliance with the Rule. This team consists of representatives from different parts of the organization, including environmental product management, government and industry relations, legal affairs, sourcing and communications. This team is responsible for our 3TG implementation work and senior management is regularly informed about matters relating to 3TG. Controls include, but are not limited to, our Code of Business Ethics and Code of Conduct, which outlines expected behaviors for all Ericsson’s employees and suppliers, and the Ericsson Lists of Banned and Restricted Substances, which include supplier requirements relating to 3TG as described above and are integrated in supplier agreements.

With respect to the OECD requirement to strengthen engagement with suppliers, during 2014, Ericsson has worked to further strengthen its processes to allow identification of smelters/refiners in the supply chain. First tier suppliers identified to be in scope were requested to provide information on 3TG in their supply chain through filling in and submitting the EICC/GeSI Conflict Minerals Reporting Template 3.01 via a data tool (the “Template”). The Template was developed to facilitate disclosure and communication of information regarding smelters that provide material to a company’s supply chain. Suppliers were provided with support material, including the generally available instructions and training illustrating the use of the tool that is available on CFSI’s website. To ensure sufficient quality, a high response rate and to minimize risks, the responses received were continuously analyzed and followed up as deemed appropriate. Several suppliers were contacted via e-mail or telephone to improve the quality of responses and increase the response rate. As part of our risk mitigation efforts these additional efforts were mainly targeted at suppliers that are awarded large parts of our business on an ongoing basis. The data obtained was saved, reviewed and analyzed by Ericsson. We have a data system to retain relevant documentation.

 

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Exhibit 1.01      Conflict Minerals Report

 

We have grievance mechanisms whereby employees and suppliers can report violations of Ericsson’s policies and have whistleblower procedures for the reporting of alleged violations of laws or the Code of Business Ethics that (i) are conducted by Group or local management, and (ii) relate to corruption, questionable accounting or auditing matters or otherwise seriously affect vital interests of the Group or personal health and safety. Violations reported through the whistleblower procedures are handled by Ericsson’s Group Compliance Forum, consisting of representatives from Ericsson’s internal audit function, Group Function Legal Affairs, Group Security, and Group Function Human Resources. Information regarding any incident is reported to the Audit Committee. Reports include measures taken, details of the responsible Group function and the status of any investigation.

During 2014, we have worked to improve our due diligence processes with respect to 3TG, mainly focusing on the quality of data received from suppliers surveyed. This includes increased communication and collaboration with suppliers for purposes of improving the response rate of surveyed suppliers and improving the reliability and quality of the information provided. During 2014 we also published a public statement on 3TG on our external website and initiated work to increase 3TG awareness within Ericsson and among suppliers, a work carried out continuously. Ericsson’s public statement on the sourcing of 3TG is available on our website: http://www.ericsson.com/res/thecompany/docs/corporate-responsibility/statement-on-sourcing-of-conflict-minerals.pdf

4. Due Diligence Results

We reviewed the supplier responses against criteria developed to determine which responses required further engagement with our suppliers. These criteria were developed to identify whether the responses from suppliers were incomplete as well as inconsistencies within the data reported in the Template. Further inquiries were made as deemed appropriate and, as mentioned above, we have had a risk based approach and have prioritized follow up activities with certain preferred and approved suppliers.

Among the supplier responses, we identified approximately 200 smelters as potential sources of 3TG that were reported to be in the supply chain at some point during the 2014 calendar year. Approximately 50% of the identified smelters were identified as certified conflict-free using the CFSI Conflict-Free Smelter Program. The following table presents, by mineral, the percentages of identified smelters or refiners verified as conflict-free, in the audit process or self-declared in accordance with the TI-CMC Category A members Self-Declared Sourcing Information.

 

Identified smelters or refiners verified as conflict-free, in the audit process, or self-declared in
accordance with the TI-CMC for tungsten.
 

Tantalum

     100

Tin

     79

Tungsten

     78

Gold

     64

We support the refinement and expansion of the list of participating smelters through our membership in the CFSI program.

For the calendar year 2014, our inquiries were made on the supplier level and the supplier responses received provided data at a company or divisional level and not isolated to products and components provided to us. Inquiries also include responses where suppliers were unable to specify the smelters or

 

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Exhibit 1.01      Conflict Minerals Report

 

refiners used for components supplied to us. We are unable to validate that any of these smelters or refiners are actually in our supply chain. However, based on the information provided by Ericsson’s suppliers through December 31, 2014, Ericsson believes that the facilities that may have been used to process the 3TG in Ericsson’s products include the smelters and refiners listed in Annex 1 below.

Ericsson does not have sufficient information to determine with specificity the countries of origin of the 3TG in our products or whether they are from recycled and scrap sources.

Through our participation in CFSI, and requesting our first tier suppliers to complete the Template, we have determined that seeking information about 3TG smelters and refiners in our supply chain represents the most reasonable effort we can make to determine the mines or locations of origin of the 3TG in our supply chain.

During 2015, we anticipate to continue to review and evolve our due diligence processes with respect to 3TG. As part of these efforts, we expect to continue to provide training for suppliers and developing the collaboration with suppliers for purposes of further improving the supplier response rate and the reliability and quality of information provided. Our engagement in the CFSI program is anticipated to continue.

5. Forward Looking Statements etc.

Certain of the matters discussed in this report, including in particular our due diligence processes with respect to 3TG, include forward-looking statements. Readers of this document are cautioned that our forward-looking statements are not guarantees of our future actions, which may differ materially from the expectations expressed in the forward-looking statements. We expressly disclaim a duty to provide updates to these forward-looking statements after the date of this filing to reflect events or changes in circumstances or changes in expectations or the occurrence of anticipated events.

The information included on any websites that appear in this report is not incorporated by reference in this report.

 

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Exhibit 1.01      Conflict Minerals Report

 

Annex 1

 

Metal

  

Smelter or Refiner Name

Gold    Aida Chemical Industries Co. Ltd. *
Gold    Allgemeine Gold-und Silberscheideanstalt A.G.*
Gold    Almalyk Mining and Metallurgical Complex (AMMC)
Gold    AngloGold Ashanti Córrego do Sítio Minerção*
Gold    Argor-Heraeus SA*
Gold    Asahi Pretec Corporation*
Gold    Asaka Riken Co Ltd
Gold    Atasay Kuyumculuk Sanayi Ve Ticaret A.S.*
Gold    Aurubis AG*
Gold    Bangko Sentral ng Pilipinas (Central Bank of the Philippines)
Gold    Bauer Walser AG
Gold    Boliden AB*
Gold    C. Hafner GmbH + Co. KG*
Gold    Caridad
Gold    CCR Refinery – Glencore Canada Corporation*
Gold    Cendres & Métaux SA
Gold    Chimet S.p.A.*
Gold    China National Gold Group Corporation
Gold    Chugai Mining
Gold    Colt Refining
Gold    Daejin Indus Co. Ltd
Gold    DaeryongENC
Gold    Daye Non-Ferrous Metals Mining Ltd.
Gold    Do Sung Corporation
Gold    Doduco
Gold    Dowa Metals & Mining.*
Gold    Eco-System Recycling Co., Ltd.*
Gold    FSE Novosibirsk Refinery
Gold    Gansu Seemine Material Hi-Tech Co Ltd
Gold    Guangdong Jinding Gold Limited
Gold    Hangzhou Fuchunjiang Smelting Co., Ltd.
Gold    Heimerle + Meule GmbH*
Gold    Heraeus Ltd. Hong Kong*
Gold    Heraeus Precious Metals GmbH & Co. KG*

 

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Exhibit 1.01      Conflict Minerals Report

 

Metal

  

Smelter or Refiner Name

Gold    Hunan Chenzhou Mining Industry Group
Gold    Hwasung CJ Co. Ltd
Gold    Inner Mongolia Qiankun Gold and Silver Refinery Share Company Limited
Gold    Ishifuku Metal Industry Co., Ltd.*
Gold    Istanbul Gold Refinery*
Gold    Japan Mint*
Gold    Jiangxi Copper Company Limited
Gold    Johnson Matthey Inc*
Gold    Johnson Matthey Ltd*
Gold    JSC Ekaterinburg Non-Ferrous Metal Processing Plant*
Gold    JSC Uralectromed
Gold    JX Nippon Mining & Metals Co., Ltd.*
Gold    Kazzinc Ltd*
Gold    Kennecott Utah Copper LLC*
Gold    Kojima Chemicals Co., Ltd*
Gold    Korea Metal Co. Ltd
Gold    Kyrgyzaltyn JSC
Gold    L’ azurde Company For Jewelry*
Gold    Lingbao Jinyuan Tonghui Refinery Co. Ltd.
Gold    LS-NIKKO Copper Inc.*
Gold    Materion*
Gold    Matsuda Sangyo Co., Ltd.*
Gold    Metalor Technologies SA*
Gold    Metalor Technologies (Hong Kong) Ltd*
Gold    Metalor Technologies (Singapore) Pte. Ltd.*
Gold    Metalor USA Refining Corporation*
Gold    Met-Mex Peñoles, S.A.*
Gold    Mitsubishi Materials Corporation*
Gold    Mitsui Mining and Smelting Co., Ltd.*
Gold    Moscow Special Alloys Processing Plant
Gold    Nadir Metal Rafineri San. Ve Tic. A.S*
Gold    Navoi Mining and Metallurgical Combinat
Gold    Nihon Material Co. LTD*
Gold    Ohio Precious Metals, LLC*
Gold    Ohura Precious Metal Industry Co., Ltd*
Gold    OJSC “The Gulidov Krasnoyarsk Non-Ferrous Metals Plant” (OJSC Krastvetmet)*
Gold    OJSC Kolyma Refinery
Gold    PAMP SA*
Gold    Penglai Penggang Gold Industry Co Ltd

 

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Exhibit 1.01      Conflict Minerals Report

 

Metal

  

Smelter or Refiner Name

Gold    Prioksky Plant of Non-Ferrous Metals
Gold    PT Aneka Tambang (Persero) Tbk*
Gold    PX Précinox SA*
Gold    Rand Refinery (Pty) Ltd*
Gold    Royal Canadian Mint*
Gold    Sabin Metal Corp.
Gold    SAMWON METALS Corp.
Gold    Schone Edelmetaal*
Gold    SEMPSA Joyería Platería SA*
Gold    Shandong Zhaojin Gold & Silver Refinery Co. Ltd*
Gold    So Accurate Group, Inc.
Gold    SOE Shyolkovsky Factory of Secondary Precious Metals
Gold    Solar Applied Materials Technology Corp.*
Gold    Tanaka Kikinzoku Kogyo K.K.*
Gold    The Great Wall Gold and Silver Refinery of China
Gold    The Refinery of Shandong Gold Mining Co. Ltd*
Gold    Tokuriki Honten Co., Ltd*
Gold    Tongling nonferrous Metals Group Co., Ltd
Gold    Torecom
Gold    Umicore Brasil Ltda*
Gold    Umicore Precious Metals Thailand*
Gold    Umicore SA Business Unit Precious Metals Refining*
Gold    United Precious Metal Refining, Inc.*
Gold    Valcambi SA*
Gold    Western Australian Mint trading as The Perth Mint*
Gold    YAMAMOTO PRECIOUS METAL CO., LTD.
Gold    Yokohama Metal Co Ltd
Gold    Yunnan Copper Industry Co Ltd
Gold    Zhongyuan Gold Smelter of Zhongjin Gold Corporation
Gold    Zijin Mining Group Co. Ltd
Tantalum    Changsha South Tantalum Niobium Co., Ltd.*
Tantalum    Conghua Tantalum and Niobium Smeltry*
Tantalum    Duoluoshan*
Tantalum    Exotech Inc.*
Tantalum    F&X Electro-Materials Ltd.*
Tantalum    Global Advanced Metals*
Tantalum    Guangdong Zhiyuan New Material Co., Ltd.*
Tantalum    H.C. Starck Group*
Tantalum    Hengyang King Xing Lifeng New Materials Co., Ltd.*

 

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Exhibit 1.01      Conflict Minerals Report

 

Metal

  

Smelter or Refiner Name

Tantalum    Hi-Temp*
Tantalum    JiuJiang JinXin Nonferrous Metals Co., Ltd.*
Tantalum    Jiujiang Tanbre Co., Ltd.*
Tantalum    Kemet Blue Powder*
Tantalum    King-Tan Tantalum Industry Ltd*
Tantalum    LSM Brasil S.A.*
Tantalum    Metallurgical Products India (Pvt.) Ltd.*
Tantalum    Mineração Taboca S.A.*
Tantalum    Mitsui Mining & Smelting*
Tantalum    Molycorp Silmet A.S.*
Tantalum    Ningxia Orient Tantalum Industry Co., Ltd.*
Tantalum    Plansee*
Tantalum    Quantumclean*
Tantalum    RFH Tantalum Smeltry Co., Ltd*
Tantalum    Solikamsk Metal Works*
Tantalum    Taki Chemicals*
Tantalum    Telex*
Tantalum    Ulba*
Tantalum    Yichun Jin Yang Rare Metal Co., Ltd*
Tantalum    Zhuzhou Cement Carbide*
Tin    Alpha
Tin    Jiangxi Ketai Advanced Material Co., Ltd*
Tin    China Tin Group Co., Ltd.
Tin    Yunnan Tin Group (Holding) Company Limited*
Tin    CNMC (Guangxi) PGMA Co. Ltd.
Tin    Cooperativa Metalurgica de Rondônia Ltda.
Tin    CV Serumpun Sebalai
Tin    CV United Smelting*
Tin    EM Vinto*
Tin    Estanho de Rondônia S.A.
Tin    Fenix Metals
Tin    Gejiu Non-Ferrous Metal Processing Co. Ltd.*
Tin    Gejiu Zili Mining And Metallurgy Co., Ltd.
Tin    Huichang Jinshunda Tin Co. Ltd
Tin    Gejiu Kai Meng Industry and Trade LLC
Tin    Linwu Xianggui Smelter Co
Tin    Magnu’s Minerais Metais e Ligas LTDA*
Tin    Malaysia Smelting Corporation (MSC)*
Tin    Melt Metais e Ligas S/A*

 

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Exhibit 1.01      Conflict Minerals Report

 

Metal

  

Smelter or Refiner Name

Tin    Metallo Chimique*
Tin    Mineração Taboca S.A.*
Tin    Minsur*
Tin    Mitsubishi Materials Corporation*
Tin    Novosibirsk Integrated Tin Works
Tin    O.M. Manufacturing (Thailand) Co., Ltd.
Tin    Operaciones Metalurgical S.A.*
Tin    PT Artha Cipta Langgeng
Tin    PT Babel Inti Perkasa*
Tin    PT Bangka Putra Karya*
Tin    PT Bangka Tin Industry*
Tin    PT Belitung Industri Sejahtera*
Tin    PT Bukit Timah*
Tin    PT DS Jaya Abadi*
Tin    PT Eunindo Usaha Mandiri*
Tin    PT Karimun Mining
Tin    PT Mitra Stania Prima*
Tin    PT Prima Timah Utama*
Tin    PT REFINED BANGKA TIN*
Tin    PT Sariwiguna Binasentosa*
Tin    PT Stanindo Inti Perkasa*
Tin    PT Tambang Timah*
Tin    PT Timah (Persero) Tbk Mentok*
Tin    PT Tinindo Inter Nusa*
Tin    Rui Da Hung
Tin    Soft Metais, Ltda.
Tin    Thaisarco*
Tin    White Solder Metalurgia e Mineração Ltda.*
Tin    Yunnan Chengfeng Non-ferrous Metals Co.,Ltd.
Tungsten    A.L.M.T. TUNGSTEN Corp.
Tungsten    Chongyi Zhangyuan Tungsten Co Ltd
Tungsten    Dayu Weiliang Tungsten Co., Ltd.
Tungsten    Fujian Jinxin Tungsten Co., Ltd.
Tungsten    Ganzhou Huaxing Tungsten Products Co., Ltd.*
Tungsten    Ganzhou Jiangwu Ferrotungsten Co., Ltd.*
Tungsten    Ganzhou Non-ferrous Metals Smelting Co., Ltd.
Tungsten    Ganzhou Seadragon W & Mo Co., Ltd.*
Tungsten    Global Tungsten & Powders Corp.*
Tungsten    Guangdong Xianglu Tungsten Industry Co., Ltd.

 

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Exhibit 1.01      Conflict Minerals Report

 

Metal

  

Smelter or Refiner Name

Tungsten    HC Starck GmbH
Tungsten    Hunan Chenzhou Mining Group Co
Tungsten    Hunan Chun-Chang Nonferrous Smelting & Concentrating Co., Ltd.*
Tungsten    Japan New Metals Co Ltd*
Tungsten    Jiangxi Gan Bei Tungsten Co., Ltd.*
Tungsten    Jiangxi Minmetals Gao’an Non-ferrous Metals Co., Ltd.
Tungsten    Jiangxi Tonggu Non-ferrous Metallurgical & Chemical Co., Ltd.
Tungsten    Jiangxi Xinsheng Tungsten Industry Co., Ltd.*
Tungsten    Kennametal Fallon
Tungsten    Malipo Haiyu Tungsten Co., Ltd.*
Tungsten    Tejing (Vietnam) Tungsten Co., Ltd.
Tungsten    Vietnam Youngsun Tungsten Industry Co., Ltd*
Tungsten    Wolfram Bergbau und Hütten AG
Tungsten    Wolfram Company CJSC
Tungsten    Xiamen Tungsten (H.C.) Co., Ltd.*
Tungsten    Xiamen Tungsten Co., Ltd*
Tungsten    Xinhai Rendan Shaoguan Tungsten Co., Ltd.
Tungsten    Chenzhou Diamond Tungsten Products Co., Ltd.

 

* Smelter or refiner that has received a “conflict free” designation from an independent third party audit program as of April 30, 2015.

 

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