Due Diligence Compliance Report 2018
Actor's details
| Actor’s name | Umicore (Business Group Energy & Surface Technologies) |
| Location | Watertorenstraat 33, 2250 Olen, Belgium |
| Reporting Year-end | 31.12.2018 |
| Date of Report | 20.03.2019 |
| Senior Management responsible for this Report |
Bart Sap Watertorenstraat 33 |
| Administrator |
Jonas De Schaepmeester E: jonas.deschaepmeester@eu.umicore.com Broekstraat 31 Rue du Marais |
| Compliance Report’s scope | The scope of this Compliance Report includes the cobalt procurement activities by Umicore Supply and Refining for the business units ‘Cobalt and Specialty Materials’ and ‘Rechargeable Battery Materials’ (including Umicore’s minority joint ventures) in the reporting year 2018. |
Section 1: Establish Strong Company Management Systems
Compliance Statement
Umicore’s management system regarding cobalt supply chain due diligence includes policies, procedures and internal management structures. The company’s management system, referred to as the Sustainable Procurement Framework for Cobalt, is aligned with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD, 2013).
In 2018, Umicore’s management system including procurement and operational practices was effectively applied.
1.1 Has Umicore created a company policy regarding due diligence for its supply chains of cobalt?
‘The Umicore Way’ describes Umicore’s mission and its core values related to its business conduct. It is at the heart of Umicore’s culture. Umicore has adopted a set of policies and charters to ensure its activities are conducted in line with the principles outlined in ‘The Umicore Way’. These include the Umicore Code of Conduct and Sustainable Procurement Charter.
The latter is the supply chain policy that applies Umicore’s principles to its suppliers and demonstrates how they are implemented in procurement activities. Umicore developed this charter in order to reflect its commitment to sustainable development in all areas of procurement – whether raw materials, energy, other goods or services. The document outlines Umicore’s commitment to its suppliers in terms of its own conduct and practices.
In addition, Umicore has a policy on “Responsible global supply chain of minerals from conflict-affected and high-risk areas”. Bearing in mind the specific risks in the cobalt supply chain, Umicore has implemented this policy into a specific cobalt due diligence framework: Umicore’s “Sustainable Procurement Framework for Cobalt” (“the Framework”). The Framework reflects Umicore’s intentions to ensure that its cobalt supply chain follows sustainable business practices. The Framework defines Umicore’s responsibility for conducting risk-based due diligence, screening and monitoring all its suppliers.
Umicore’s management system is aligned with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD, 2013). In 2018, a public grievance mechanism was formalized.
The Framework includes a decision tree procedure, created to ensure practical implementation of the Framework. The overall description of this decision tree can be found within the Framework Description, which is available on line. An internal procedure was developed to explain and document in detail all steps to be taken in the decision tree.
The following documents are available via Umicore’s website:
- The Umicore Way
- Code of Conduct
- Umicore’s Sustainable Procurement Charter
- Umicore policy on “Responsible global supply chain of minerals from conflict-affected and high-risk areas”
- Umicore’s Sustainable Procurement Framework for Cobalt (Framework Description)
1.2 Has Umicore set up an internal management structure to support its supply chain due diligence?
The Umicore Sustainable Procurement Framework for Cobalt defines the governance for Umicore’s due diligence practices for the cobalt supply chain.
The Sustainability team in the Umicore Supply and Refining department administers the application of the Framework including the screening of risks in the affected cobalt sourcing and trading regions.
A dedicated cobalt sustainability committee, referred to as the “Approval Committee”, ensures adherence to the principles and guidelines of the Framework. This Approval Committee has the responsibility to evaluate due diligence findings, mitigation actions and procurement decisions. The Approval Committee includes the Executive Vice-President of Umicore’s business group Energy & Surface Technologies, the Senior Vice-President Battery Materials Supply Chain, the Senior Vice-President Supply Chain Sustainability and the Sustainability Manager. The Committee has meetings on an ad hoc basis and at least twice per year. In 2018, three Approval Committee meetings were organized.
The governance structure was effectively applied in the reporting year 2018.
Section 2: Identify and Assess Risks in the Cobalt Supply Chain
Compliance Statement
Umicore established processes and controls to assess risks in its cobalt supply chain. The management systems to respond to the identified risk were effectively applied for the reporting year 2018.
2.1 Supply Chain Traceability: Has Umicore established a system of controls in order to ensure transparency over its cobalt supply chain?
Umicore has a process in place that ensures that transport documents are obtained and that transactional details are recorded.
This procurement data provides information on the source of the raw materials and allows Umicore to consolidate the incoming cobalt material into a “materiality overview” in order to provide a view of all the quantities of cobalt procured.
Additionally, Umicore is able to identify the mines from which the procured cobalt material originates by means of chain of custody documentation and an additional confirmation of origin from suppliers that source from several mining locations.
Umicore maps its entire internal raw material flow, production processes and product flows for all cobalt products. As a result, Umicore has an overview for each end product, linked to the suppliers and mining locations.
2.2 Suppliers Research: Does Umicore perform research on its suppliers to identify risks in its cobalt supply chain?
As a preliminary step in the selection of a new supplier, Umicore performs a high-level check on the background of the potential business partner and only pursues a further business relationship if no indications of unsustainable business practices (such as inhumane treatment, forced and child labor, bribery, corruption, artisanal mining) have been identified. This screening is documented in a pre-sourcing due diligence check.
At the beginning of a business relationship with a new supplier, the due diligence and risk assessment procedures set out in the Framework are initiated by Umicore.
Umicore establishes a background check for all suppliers of raw materials of cobalt based on a desktop review and its knowledge of the market and the supplier. The background check includes several topics:
- Identification and screening of the supplier’s mother company (structure, policies, sustainability reporting…)
- Information about the mining site (general description, technology, certificates, local initiatives…)
- Information and screening of the shareholders
- Information gathered by Umicore’s supply team during local visits (environmental performance, technology, markets, cobalt volumes…)
- Media screening of sustainability issues including human rights violations, social issues, corruption and health and safety issues.
The internal Information Documentation department carries out daily media monitoring of relevant topics related to cobalt sourcing and of Umicore’s suppliers. The information obtained is used to update the background checks. The background checks are reassessed annually (except for suppliers of recycling feed or non-recurrent purchases).
2.3 Risk Identification and Assessment: Does Umicore perform risk identification and assessment on suppliers in its cobalt supply chain?
In 2018, Umicore performed risk identification and assessments steps as described in Umicore’s Framework by applying the following steps:
- Red Flag Check
- Materiality Testing
- Plant Visits
- Orange Flag Check
- Risk Mapping
1. Red Flag Check
Umicore performs a red flag check on its suppliers based on the information collected in the background check and on market and desktop research. Any identified evidence of red flag criteria means Umicore’s relationship with the supplier will be stopped. The Framework procedure provides dedicated questions and screening guidelines to facilitate this red flag screening. The red flags are:
- any form of torture, cruel, inhuman and degrading treatment or punishment;
- any form of forced or compulsory labor;
- any form of child labor;
- any form of bribery and corruption linked to cobalt operations;
- hand-picking and/or artisanal mining (as primary source);
- supplier is not willing to accept the principles stated in the Umicore Charter or does not have similar policies in place.
For new suppliers of cobalt raw materials, the red flag check occurs as the first step in the decision tree. For existing suppliers, the red flag checks are reassessed when new issues are alerted based on the continuous monitoring, or after plant visits. The existing suppliers are reviewed at least once per year.
During the reporting year 2018, Umicore performed the red flag checks on its suppliers. An overview of the red flag indications and follow-up actions can be found in Annex to this report.
2. Materiality Testing
During materiality testing, the share of each supplier in the total supplied quantity is calculated. This analysis includes all the cobalt purchases for Umicore’s entities involved in cobalt transformation. Based on this exercise, a first risk estimation is performed. All suppliers of cobalt with a share of more than 1% of the total supplied cobalt quantity (referred to as “material” suppliers) are assessed in the decision tree. In addition, this analysis ensures that the sum of the cobalt coming from “material” suppliers exceeds 95% of Umicore’s total yearly cobalt supply. For suppliers assessed as “non-material”, the due diligence and risk assessment procedures stop at this stage of the decision tree.
In 2018, the suppliers that were considered as “material” to Umicore represented in total 95.5% of cobalt purchases.
For 2018, the cobalt from recycling sources accounted for 6.1% of the total supplied quantity of cobalt.
3. Plant Visits
Plant visits are performed to monitor and evaluate the practices of all “material” suppliers (except for non-recurrent suppliers and recyclers). During the plant visits, a sustainable procurement checklist is filled out. The checklists and visit reports are used as input to the risk mapping and to update the suppliers’ background check. The frequency of the plant visits depends on the country risk of the supplier. Suppliers in countries with a high or medium/high country risk score are visited at least every two years. Suppliers in low/medium or low risk countries have to be visited every five years.
In the reporting year 2018, plant visits were executed in line with the required frequency as indicated in the Framework guidelines.
4. Orange Flag Check
An orange flag screening is performed for “material” suppliers. Any identified evidence of red flag criteria means Umicore will require mitigation actions by the supplier and the Approval Committee will need to decide whether or not to continue the business relationship. The orange flag check is completed based on the information collected from reports of plant visits and from desktop research. For a new supplier, the orange flag check is performed once the visit checklist has been filled out. For existing suppliers, the orange flag checks are re-assessed following either an alert of new issues or following plant visits and at least once a year. The orange flags are:
- Hand-picking and/or artisanal mining (as a secondary source);
- Supplier does not have minimum required legal permits and certificates;
- Supplier does not have procedures in place to minimize environmental impacts;
- Supplier does not have procedures in place to ensure a healthy and safe working environment.
In 2018, Umicore performed the orange flag checks in line with its Framework. An overview of the orange flag indications and follow-up actions can be found in Annex to this report.
5. Risk Mapping
Risks are mapped for all “material” suppliers based on the supplier’s risk (including scoring for country risk, supplier relationship, regulatory environment and sustainability commitments) and impact (including volumes as well as financial and reputation impact). Based on the outcome of the risk mapping (Low, Low/Medium, Medium/High, High) the need for further due diligence steps is decided, including the self-assessment questionnaire and/or third-party audits. If any of these steps lead to the identification of evidence for red flags, the relationship with this supplier will be stopped.
For existing suppliers, the risk assessment is re-evaluated ad hoc (if there are indications that a supplier’s performance has changed) or at latest every 3 years.
During the reporting year 2018, risk mapping was performed for all suppliers and appropriate steps were taken according to the risk classification of each supplier.
2.4 Risk Mitigation: Does Umicore perform risk mitigation actions as described in its “Sustainable Procurement Framework for Cobalt”?
Based on the outcome of the risk mapping (Low, Low/Medium, Medium/High, High) Umicore engages with the supplier in an appropriate follow-up and, if required, mitigation plan. Progress in the mitigation plan is closely monitored and if necessary checked during the next plant visits and/or (targeted) supplier reviews.
In 2018, three Approval Committee meetings reviewed identified risks and subsequent follow-up measures related to them.
Section 3: Design and Implement a Strategy to respond to Identified Risks
Compliance Statement
In 2018, Umicore effectively responded to identified risks.
3.1 Comments and Demonstration of Compliance
Umicore’s Framework ensures that identified risks are addressed and that follow-up on red and orange flag indications is performed, including the investigation of the indications, out-reach to stakeholders and discussion with the Approval Committee. All indications for red and orange flags that appeared in 2018, were investigated and evaluated by the Approval Committee. An overview of the indications and follow-up can be found in the Annex of this report.
Section 4: Independent Third-party Audit of Supply Chain Due Diligence
Compliance Statement
Umicore arranged for an independent third-party audit of its due diligence performance of cobalt procurement for the reporting year 2018.
4.1 Comments and Demonstration of Compliance
PwC Bedrijfsrevisoren bcvba/PwC Reviseurs d’Entreprises sccrl [1] provided their independent ISAE 3000 limited assurance report on this Compliance Report in respect of the activities undertaken by Umicore during the year 2018 to demonstrate compliance with Umicore’s Sustainable Procurement Framework for Cobalt. The limited assurance report is available to its customers and stakeholders upon request.
Section 5: Report on Supply Chain Due Diligence
Compliance Statement
For the year 2018, Umicore will publicly report on the implementation and adherence to the supply chain due diligence processes and controls that are set out in its Sustainable Procurement Framework for Cobalt.
5.1 Comments and Demonstration of Compliance
The Compliance Report is Umicore’s report on the due diligence of its cobalt supply chain. The report will be available on line as part of the company’s Annual Report for 2018. Relevant policies are publicly available, including The Umicore Way, Sustainable Procurement Charter, Code of Conduct, the Sustainable Procurement Framework for Cobalt and policy on Responsible global supply chain of minerals from conflict-affected and high risk areas.
Additionally, the limited assurance report by PwC Bedrijfsrevisoren bcvba/PwC Reviseurs d’Entreprises sccrl will be available on request to Umicore’s customers and stakeholders.
Management Conclusion
Umicore implemented effective management systems, procedures, processes and practices regarding its cobalt sourcing activities in line with the principles stated in the Sustainable Procurement Framework for Cobalt for the reporting year 2018. Umicore’s management system is aligned with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD, 2013). By performing due diligence practices on its cobalt supply chain, receiving third-party assurance, and publicly reporting, Umicore adheres to the five steps for risk-based due diligence of the OECD Guidance.
The corrective actions identified in the Cobalt Due Diligence Compliance Report 2017 have been implemented and monitored in the course of 2018.
Other report comments
If users of this report wish to provide any feedback to Umicore, they can contact Umicore’s Sustainability Manager, Jonas De Schaepmeester (jonas.deschaepmeester@eu.umicore.com).
[1] PwC has performed the above mentioned engagement and report for the Umicore Sustainable Framework for Cobalt solely for use by Umicore CSM and RBM under a contract agreed upon with Umicore SA. PwC does not have any obligation towards any other person; PwC does not have nor accept any liability or responsibility (contractual, extra-contractual or otherwise) towards any such other person.
| Flag indication | Description | Supplier Materiality | Supplier Country Risk | Follow-up Action | Status |
|
Indication of bribery and corruption linked to cobalt operations |
The supplier is under investigation by official authorities. The investigation focuses on allegations of fraud, bribery and corruption around the acquisition of substantial mineral assets (in 2010). | Material | High | The outcomes of the official investigation concerning the allegations of bribery in the case (dating from 2010) are pending. Umicore has continued to monitor this case and reviewed new information but is still awaiting the conclusions by official authorities to determine its position in this case. The Approval Committee decided to continue the business relation with this supplier in the meantime. | Open |
| Indication of bribery and corruption linked to cobalt operations | In 2017 and 2018, NGO reports and media articles accused the supplier of bribery and corruption related to the acquisition of the supplier’s mineral assets and operations in the Democratic Republic of Congo. | Material | High | In 2018, Umicore performed follow-up on the case, monitored and reviewed new reports and articles. Umicore has reached out to the supplier to discuss the case formally and request additional information. Over the year, several authorities opened cases to investigate the supplier’s business conduct. In one case, the supplier reached a settlement with the authorities. The supplier admits the disclosure of misleading information, the lack of internal controls and failure to disclose material risks. There has been no official judgement on corruption. Umicore will continue to monitor and review all the available information. The Approval Committee decided to continue the business relation with this supplier in the meantime. | Open |
| Indication of environmental pollution | In 2016 and 2018, an NGO made allegations about water and dust pollution by the supplier. | Material | High | Umicore organized a discussion with the supplier’s management and performed a plant visit to follow up on the case. The available information did not provide sufficient confidence to Umicore, therefore Umicore has requested further information on the supplier’s environmental management plan. In the meantime, the case remains open and the business relationship with the supplier is continuing. | Open |
| Indication of torture, cruel, inhuman and degrading treatment or punishment | In 2014 and 2016, NGOs claimed that security forces on the supplier’s site do not respect human rights. | Material | High | Umicore performed a plant visit to follow up on the case and obtain clarity on the management system for security. Based on this review and on-site assessment, Umicore has assessed that there are management systems in place to assure that security forces respect human rights. Therefore, this case was closed in January 2019. | Closed (January 2019) |
|
Indication that healthy and safe working environment is lacking |
A media report indicated the occurrence of a fatal accident in a part of the supplier’s processing plant in 2017. This is an indication of unsafe working conditions. | Material | Low | Umicore discussed this topic with the supplier and evaluated the mitigation actions taken by this supplier. Based on the assessment of the accident and the mitigation actions taken by the supplier, the Approval Committee decided to close this case and to continue sourcing. | Closed |
| Indication of ASM-materials as secondary source in Umicore’s supply chain | A 2018 media article points out the ASM project of one of Umicore’s suppliers. Umicore is mentioned as an off-taker of these materials. | Material | High | One of its suppliers informed Umicore about an ASM project. In this project, artisanal mined materials are treated in a separate material stream. Umicore is confident that none of those materials has entered its supply chain. Umicore and its supplier have installed tracking and tracing systems to provide raw material traceability to Umicore. Umicore has performed several visits and reconciled all shipments with production data to obtain additional reassurance about the origin of the raw materials. As a result, all necessary evidence is available to demonstrate that Umicore’s supply chain was clear of ASM-materials. The case was therefore closed. | Closed |
| Indication of torture, cruel, inhuman and degrading treatment or punishment | In 2018, Umicore received allegations about its supplier related to poor working conditions for employees. | Material | High | Umicore reviewed the allegations and discussed the topic with its supplier. Umicore reviewed the supplier’s response to the allegations and visited the supplier. During the visit and follow-up discussion, Umicore received insight into the supplier’s management system and policies. Based on findings of the visit and Umicore’s review of management system, the Approval Committee decided that there are no indications of poor working conditions for employees on the supplier’s site. The Approval Committee decided to close this case. | Closed |
| Indication that healthy and safe working environment is lacking | A media report indicated the occurrence of a fatal incident in the supplier’s mine in 2017. This is an indication of unsafe working conditions. | Immaterial |
Low | Umicore performed follow-up on the incidents with the supplier and evaluated the mitigation actions. Based on a meeting with the supplier, the available information and the mitigation actions taken, the Approval Committee decided to close this case and to continue sourcing. |
Closed |