An important part of Fitbit’s dedication to operate as a responsible corporate citizen is seeking to ensure that the minerals used in our products do not finance armed conflict. Our Supplier Code of Conduct requires our suppliers to comply with all applicable laws relating thereto, including the conflict minerals rule issued by the U.S. Securities Exchange Commission under Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Rule”). This Rule requires publicly traded companies to exercise certain diligence and report on the presence of conflict minerals used in their products.
The intent of the Rule is to curb violence and human rights abuses in the Democratic Republic of the Congo (the “DRC”) and its adjoining countries (collectively, the “Covered Countries”) that may be fueled by proceeds from trade in these minerals. Fitbit supports this goal and is committed to complying with all applicable requirements under the Rule.
Therefore, we seek to ensure that our suppliers only provide us materials that are conflict free. To that end, we require our suppliers to undertake:
(1) a reasonable inquiry into the country-of-origin of any conflict minerals incorporated by the supplier into any materials provided to Fitbit, to determine if there is reason to believe that the conflict minerals may have originated from a Covered Country;
(2) if such inquiry determines there is reason to believe that conflict minerals from a Covered Country are present in any materials provided to Fitbit, due diligence to determine the source and chain of custody of the conflict minerals, including the facilities in which they were processed, as necessary, to determine if any of these minerals directly or indirectly financed or benefited armed conflict in the Covered Countries; and
(3) appropriate risk assessment and mitigation actions in connection with its country-of-origin inquiry and due diligence process, consistent with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
If any supplier does not know the origin of the source of the minerals, we require that the supplier cooperate with Fitbit’s diligence related thereto, including disclosing from whom the supplier purchased the minerals and urging others to disclose such information, so the original source of minerals can be accurately determined and reported.