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Conflict Minerals: Understanding the SEC's Final Rules
At an open meeting held on August 22, 2012, the Securities and Exchange Commission ("SEC") voted to approve final rules regarding disclosure and reporting requirements with respect to the use of "conflict minerals" to implement Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"). The final rules were adopted by a vote of 3 to 2, with Commissioners Paredes and Gallagher dissenting. The adopting release containing the final rules is available here.
The SEC issued proposed conflict minerals rules on December 15, 2010, which we described in our December 15, 2010 client alert, available here. Adoption of the final rules was delayed as the SEC sought additional comment on the proposed rules and held a public roundtable in October 2011, detailed in our client alert, available here, to gather additional information. A summary of the final rules is set forth below, followed by a description of related guidance and ongoing developments in conflict minerals supply chain initiatives. We conclude with suggested steps that companies may take to facilitate compliance with the new rules. Appendix I to this alert contains a flow chart summary of the final rules taken from the SEC adopting release. Appendix II details the development of conflict minerals supply chain initiatives, which are intended to enable the disclosure scheme envisioned by the rules.
Please join Gibson Dunn for our complimentary webcast briefing, "Conflict Minerals: Understanding the SEC's Final Rules," on Tuesday, September 18. For more information, click here.
Timing of Implementation and Reporting Obligation
Reports pursuant to the conflict minerals rules are required on a calendar year basis, regardless of an issuer's fiscal year, and are due by May 31 for the prior calendar year. Issuers must comply with the final rules for the calendar year commencing January 1, 2013. Thus, all affected issuers will make their first conflict minerals disclosures no later than May 31, 2014 for the 2013 calendar year. As discussed in further detail below, during a transition period that spans the first two calendar years of reporting (four years for smaller reporting issuers), issuers may follow a modified reporting structure for products containing minerals that are "DRC Conflict Undeterminable."
The Conflict Minerals Rules
A. Overview
Section 1502 of the Dodd-Frank Act requires the SEC to adopt rules requiring public companies to provide certain disclosures relating to conflict minerals used in their products. The intent of the Dodd-Frank mandate 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 through required disclosure, consumer transparency and public pressure on companies that source conflict minerals from the region.
The final rules, like the proposed rules, set forth a three-step process necessary for compliance. First, each issuer must determine whether it is subject to the conflict minerals rules. The rules impose reporting requirements when conflict minerals are "necessary to the functionality or production" of a product that an issuer manufactures or has "contracted to manufacture." If an issuer does not meet this test, it is not subject to the conflict minerals rules.
Second, issuers who determine that they are subject to the conflict minerals rules must conduct, in good faith, a reasonable country of origin inquiry that is reasonably designed to determine whether their conflict minerals originated in the Covered Countries or are from recycled or scrap sources. Issuers must disclose the nature and results of their inquiry on new Form SD that is filed with the SEC via the EDGAR filing system and on their website. If, following the reasonable country of origin inquiry, the issuer (a) knows that its conflict minerals originated in the Covered Countries and that they did not come from recycled or scrap sources or (b) has reason to believe that its conflict minerals may have originated in the Covered Countries and may not have come from recycled or scrap sources, it must proceed to the third step.
Third, an issuer that knows or has reason to believe that its conflict minerals originated in the Covered Countries and are not from recycled or scrap sources must exercise due diligence on the source and chain of custody of its conflict minerals. Following its due diligence, unless the issuer determines that its conflict minerals did not originate in the Covered Countries or that its conflict minerals did come from recycled or scrap sources, the issuer must file a Conflict Minerals Report as an exhibit to its Form SD and publish the Conflict Minerals Report on its website. In most circumstances, the issuer must obtain an independent private sector audit of the Conflict Minerals Report.
This three-step process is illustrated in a flowchart in Appendix I.
B. Definition of "Conflict Minerals"
Under Section 1502, conflict minerals include cassiterite, columbite-tantalite, gold, and wolframite, or their derivatives, as well as any other minerals or their derivatives determined by the U.S. Secretary of State to be financing conflict in the Covered Countries. The final rules track the statutory language in defining conflict minerals, except that they specifically limit the derivatives of cassiterite, columbite-tantalite, gold, and wolframite to tantalum, tin, and tungsten (known as the "3Ts"), unless the Secretary of State determines that additional derivatives are financing conflict in the Covered Countries.
The 3Ts and gold are used to manufacture a wide variety of products, including consumer electronics such as cellular phones, computers, digital cameras, MP3 players, and video game consoles, as well as aerospace, automobile, communications, and electronic equipment, and jewelry.
C. Step One: Applicability of the Conflict Minerals Rules
a) Issuers that File Reports Under Section 13(a) or 15(d)
The final rules apply to any issuer that files reports with the SEC under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (the "Exchange Act"). There is no exception for foreign private issuers, emerging growth issuers, or smaller reporting issuers, although smaller reporting companies may take advantage of the temporary "DRC Conflict Undeterminable" reporting category, discussed below, for four years rather than the two years available to other issuers.
b) Necessary to Functionality or Production
Issuers are subject to the conflict minerals rules if conflict minerals are "necessary to the functionality or production of a product" the issuer manufactures or has contracted to manufacture. The final rules, like the proposed rules, do not define the phrases "necessary to the functionality" or "necessary to the production." However, the adopting release provides interpretive guidance of these terms, discussed below.
As an initial matter, and contrary to the position set forth in the proposing release, the adopting release states that only a conflict mineral that is "contained" in a product may be necessary to the functionality or production of the product. Thus, the final rules do not apply to products for which conflict minerals operate as a catalyst in the production process, but do not appear in the final product. The adopting release also states that whether a conflict mineral is intentionally added to the product, rather than being a naturally occurring by-product, is a "significant factor" in determining if the conflict mineral is necessary to the functionality or production of a product. In this regard, however, the adopting release expressly rejects any distinction based on whether the conflict mineral is added directly to the product by the issuer or is added to a component of the product that the issuer receives from a third party; in either instance, the conflict mineral would be considered to have been intentionally added.
In determining whether conflict minerals are necessary to the functionality of a product, the adopting release provides the following guidance:
if a conflict mineral is necessary to any of the product's generally expected functions, uses, or purposes, it is necessary to the functionality of the product; a conflict mineral need not be necessary to each of the product's functions, uses, or purposes;[1] and
if a conflict mineral is incorporated for purposes of ornamentation, decoration, or embellishment and the primary purpose of the product is other than ornamentation or decoration, that conflict mineral is less likely to be necessary to the functionality of the product.
In addition, the adopting release, like the proposed rules, provides that a conflict mineral contained in a physical tool or machine used to produce a product is insufficient to trigger coverage, even if that tool or machine is necessary to producing the product. Similarly, equipment indirectly used to produce a product, such as computers and power lines, do not bring the product that is produced within the scope of the "necessary to the production" phrase.
Like the proposed rules, and in spite of a large number of commentator requests, the final rules do not include a de minimis exception for products containing small amounts of conflict minerals.
c) Manufacture or Contract to Manufacture
The final rules do not define "contract to manufacture," but the release provides guidance to issuers. An issuer's determination of whether it "contracts to manufacture" will focus on the degree of influence the issuer exercises over the product's manufacturing, including the materials, parts, ingredients, or components.
The guidance to the final rules makes a significant departure from the guidance included with the proposed rules. The guidance in the proposing release provided that the rules would cover an issuer that contracts for the manufacturing of products where it has "any influence" over the manufacturing of those products. The guidance to the final rules indicates that instead that the rules apply to issuers that have "some actual influence" over manufacturing, although it is not necessary for an issuer to have "substantial" influence or control, in order for it to be considered "contracting to manufacture."
Thus, the issuer will not be deemed to have influence over manufacturing if it merely: (1) affixes its brand, marks, logo, or label to a generic product manufactured by a third party; (2) specifies or negotiates contractual terms with a manufacturer that do not directly relate to the manufacturing of the product; or (3) services, maintains, or repairs a product manufactured by a third party. For example, the release states that when a service provider requires that a cell phone purchased from a manufacturer be able to function on a certain network, this alone is not sufficient to be deemed "contract to manufacture." On the other hand, if an issuer specifies that a particular conflict mineral be included in a product, this would be sufficient to be deemed "contract to manufacture."
d) Mining as Manufacturing
The final rules, unlike the proposed rules, do not apply to issuers that mine or contract to mine conflict minerals unless they also engage in manufacturing, either directly or through contract.
D. Step Two: Determining Whether Conflict Minerals Originated in the Covered Countries and the Resulting Disclosure
a) Reasonable Country of Origin Inquiry
Issuers subject to the conflict minerals rules must conduct a "reasonable country of origin inquiry" regarding whether their conflict minerals originated in the Covered Countries or came from recycled or scrap sources. The final rules, like the proposed rules, do not define "reasonable country of origin inquiry" or specify the steps and outcomes necessary to satisfy the requirement. They instead adopt a flexible approach that depends on the issuer's "particular facts and circumstances," including its size, products, and relationships with suppliers, as well as the "available infrastructure at a given point in time." However, the final rules include general standards governing the inquiry. First, the issuer's reasonable country of origin inquiry must be "reasonably designed to determine" whether the issuer's conflict minerals originated in the Covered Countries or came from recycled or scrap sources. Second, the inquiry must be conducted "in good faith."
The adopting release makes clear that the reasonable inquiry does not require issuers to determine "to a certainty" that all of their conflict minerals did not originate in the Covered Countries. The adopting release states that an issuer satisfies the reasonable country of origin inquiry standard if it seeks and obtains reasonable representations that indicate the facility at which its conflict minerals were processed (a refiner, in the case of gold, or a smelter, in the case of the other conflict minerals) and demonstrate that those conflict minerals did not originate in the Covered Countries or did come from recycled or scrap sources. The adopting release further states:
In determining whether it is reasonable to rely on representations, issuers must take into account any "warning signs" or other circumstances suggesting that their conflict minerals may have originated in the Covered Countries or did not come from recycled or scrap sources. According to the adopting release, the following scenarios would constitute warning signs:
an issuer becoming aware that some of its conflict minerals were processed by smelters that source from many countries, including the Covered Countries, but being unable to determine whether the particular conflict minerals it received from this "mixed smelter" were from the Covered Countries; or
an issuer receiving representations that its conflict minerals originated in a country that has limited known reserves of the conflict mineral in question.
On the other hand, an issuer would have reason to believe representations were true if they came from a processing facility that received a "conflict-free" designation from a recognized industry group requiring an independent private sector audit, or, if the processing facility independently obtained and made publicly available an independent private sector audit of its supply chain.
An issuer is not required to receive representations from all of its suppliers in response to its reasonable country of origin inquiry. The adopting release states that absent warning signs relating to those conflict minerals about which it did not receive supplier responses, an issuer may conclude that its conflict minerals did not originate in the Covered Countries on the basis of information received regarding the remainder of its conflict minerals.
b) Trigger for Supply Chain Due Diligence Requirement
Under the proposed rules, an issuer was required to engage in supply chain due diligence unless it could demonstrate that its conflict minerals did not originate in the Covered Countries. Under the final rules, issuers are not required to prove a negative. Instead, an issuer may avoid the supply chain due diligence requirement if, after its reasonable country of origin inquiry it (1) knows that its conflict minerals did not originate in the Covered Countries or that they came from recycled or scrap sources, (2) has no reason to believe its conflict minerals may have originated in the Covered Countries, or (3) reasonably believes its conflict minerals came from recycled or scrap sources. If an issuer cannot make such a determination, it must proceed to the due diligence requirements of step three.
c) Disclosures in the Specialized Disclosure Report
If, after conducting the reasonable country of origin inquiry, an issuer is able to make one of the foregoing determinations, then the issuer is not required to conduct due diligence as discussed in step three below. However, the issuer must make certain disclosures in the body of Form SD. In particular, under the "Conflict Minerals Disclosure" heading on Form SD, the issuer must disclose its determination and briefly describe the inquiry it undertook and the results. The issuer also must provide a link to its website where the disclosure is publicly available. Unlike under the proposed rules, the final rules do not require an issuer to provide reviewable business records supporting its conclusion.
E. Step Three: Supply Chain Due Diligence and Conflict Minerals Report
a) Supply Chain Due Diligence
The final rules require issuers that (1) know their conflict minerals originated in the Covered Countries and did not come from recycled or scrap sources, or (2) have reason to believe their conflict minerals may have originated in the Covered Countries and may not have come from recycled or scrap sources, to follow a nationally or internationally recognized due diligence framework to determine the source and chain of custody of their conflict minerals. The Organization for Economic Co-Operation and Development's Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas ("OECD Guidance"), identified in the adopting release and discussed below, currently is the only such framework.
b) Results of Due Diligence
If, at any point during the exercise of due diligence, an issuer determines that its conflict minerals did not originate in the Covered Countries or did come from recycled or scrap sources, the issuer is not required to submit a Conflict Minerals Report. Instead, in its Form SD and on its website, the issuer must disclose its determination and briefly describe its reasonable country of origin inquiry and due diligence efforts and the results.
If, after a reasonable country of origin inquiry and due diligence, an issuer (1) knows that its conflict minerals originated in the Covered Countries and did not come from recycled or scrap sources, or (2) has reason to believe that its conflict minerals may have originated in the Covered Countries and may not have come from recycled or scrap sources, the issuer must provide a Conflict Minerals Report as an exhibit to its Form SD. In the body of the Form SD, the issuer must state that a Conflict Minerals Report is being provided as an exhibit and provide a link to its website where the Conflict Minerals Report is publicly available.
If, instead, an issuer is unable to determine the origin of its conflict minerals or whether its conflict minerals came from recycled or scrap sources, it must provide a Conflict Minerals Report, but, during a transition period, may designate its conflict minerals as "DRC Conflict Undeterminable." This category is discussed further below.
c) Temporary DRC Conflict Undeterminable Category
The proposed rules would have treated issuers that are unable to determine the origin of their conflict minerals in the same manner as issuers that determine that their conflict minerals originated, and financed or benefited armed groups, in the Covered Countries.[2] In response to commentators' concerns regarding the still-developing nature of supply chain tracing mechanisms, the final rules include a transition period for issuers that, after performing due diligence, are unable to determine (1) that their conflict minerals did not originate in the Covered Countries, (2) that their conflict minerals which did originate from the Covered Countries did not directly or indirectly finance or benefit armed groups in the Covered Countries, or (3) that their conflict minerals came from recycled or scrap sources. Such issuers are permitted to describe their products containing such conflict minerals as "DRC Conflict Undeterminable." This category is available for a four-year period for smaller reporting companies and for a two-year period for all other issuers subject to the rules. During this period, an independent private sector audit is not required as part of the Conflict Minerals Report for products that are DRC Conflict Undeterminable.
After this transition period concludes, issuers that are unable to determine that their conflict minerals did not originate in the Covered Countries, that their conflict minerals that originated in the Covered Countries did not directly or indirectly finance or benefit armed groups, or that their conflict minerals came from recycled or scrap sources will be required to describe products in their Conflict Minerals Report as having "not been found to be DRC Conflict Free." Issuers also will be required to provide an independent private sector audit of the Conflict Minerals Report.
d) Content of Conflict Minerals Report
A Conflict Minerals Report for products that are DRC Conflict Free–i.e., products containing conflict minerals that do not directly or indirectly finance or benefit armed groups in the Covered Countries or that contain conflict minerals that are derived from recycled or scrap sources–must include:
a description of the measures taken to exercise due diligence on the source and chain of custody of the conflict minerals;[3]
a statement that the issuer obtained an independent private sector audit of the Conflict Minerals Report;[4]
the audit report prepared by the independent private sector auditor; and
the identity of the auditor, if it is not included in the audit report.
A Conflict Minerals Report for products that have not been found to be DRC Conflict Free must include:
a description of the measures taken to exercise due diligence on the source and chain of custody of the conflict minerals;
a description of the products;
a description of the facilities used to process the conflict minerals;
the country of origin of the conflict minerals;
the efforts undertaken to identify the mine or location of origin with the greatest possible specificity;
a statement that the issuer obtained an independent private sector audit of the Conflict Minerals Report;
A Conflict Minerals Report for products that are DRC Conflict Undeterminable, during the temporary transition period, must include all of the information required in a Conflict Minerals Report for products that have not been found to be DRC Conflict Free, as well as a description of the steps the issuer has taken or intends to take to reduce the risk that the conflict minerals contained in its products are benefiting armed groups in the Covered Countries.
e) Audit of Conflict Minerals Report
The Conflict Minerals Report generally must include an independent private sector audit report. The proposed rules left many areas of uncertainty regarding the requirement to obtain an independent audit, including the applicable standards for the required audit and whether the audit concerns an issuer's due diligence process or the conclusions reached in the Conflict Minerals Report. The final rules limit the scope of the audit to the sections of the Conflict Minerals Report that discuss the design of an issuer's due diligence framework and the due diligence measures the issuer performed. In this regard, the final rules set forth a two-fold audit objective. First, the audit must express an opinion regarding whether the design of the issuer's due diligence measures, as set forth in the Conflict Minerals Report, conform with a nationally or internationally recognized due diligence framework. The only such framework currently available is the OECD Guidance. Second, the audit must express an opinion regarding whether the issuer's description of the due diligence measures it performed is consistent with the due diligence process that it, in fact, undertook.
The audit report must be prepared in accordance with existing standards established by the Comptroller General of the United States–specifically, its Government Auditing Standards, commonly referred to as the "Yellow Book." The adopting release states that entities performing an independent private sector audit of the Conflict Minerals Report must comply with independence standards established by the Government Accountability Office, and that retaining the independent public accountant that audits an issuer's financial statements also to perform the audit of the issuer's Conflict Minerals Report would not be inconsistent with those independence standards. However, the adopting release sets forth the SEC's view that the engagement to audit the Conflict Minerals Report would be a "non-audit service" subject to pre-approval requirements of Rule 2-01(c)(7) of Regulation S-X, and the fees related to the audit would need to be included in the "All Other Fees" category of the principal accountant fee required disclosures.
F. Recycled and Scrap Materials
If an issuer determines that its conflict minerals are derived from recycled or scrap sources, rather than from mined sources, the proposed rules would have required the issuer to furnish an audited Conflict Minerals Report stating that its conflict minerals are recycled or scrap and describing the due diligence measures taken in making that determination. The final rules, by contrast, do not require due diligence, or a Conflict Minerals Report, for conflict minerals that an issuer knows or reasonably believes came from recycled or scrap sources. Issuers may describe their products containing conflict minerals from recycled or scrap sources in their required disclosure on Form SD as "DRC Conflict Free."
However, if an issuer initially believes its conflict minerals were from recycled or scrap sources, but, after its reasonable country of origin inquiry, has reason to believe its conflict minerals may not have come from recycled or scrap sources, due diligence is required. Due diligence for such conflict minerals must be exercised in conformity with a nationally or internationally recognized due diligence framework, if such a framework is available. The adopting release acknowledges that currently, the OECD Guidance's "Supplement on Gold" is the only nationally or internationally recognized due diligence framework for any conflict mineral from recycled or scrap sources. If a nationally or internationally recognized due diligence framework becomes available for any of the remaining conflict minerals from recycled or scrap sources prior to June 30 of a calendar year, issuers must use the framework for that conflict mineral in their supply chain due diligence the subsequent calendar year. Until such a framework is available for tracing cassiterite, columbite-tantalite, and wolframite, or their derivatives, that may not have come from recycled or scrap sources, the final rules do not require an independent audit of the Conflict Minerals Report.
G. Stockpiled Minerals
The SEC's proposed rules did not carve out from coverage conflict minerals in an issuer's existing inventory or stockpiles. Given the impracticability of tracing the origin of stocks and products already in existence, issuers would have been required to prepare a Conflict Minerals Report as to their existing inventory of conflict minerals or products containing conflict minerals. The final rules address the issue of stockpiled minerals with a new provision that excludes from coverage any conflict minerals that are "outside the supply chain" prior to January 31, 2013. The final rules consider conflict minerals to be "outside the supply chain" in the following circumstances: (1) after any cassiterite, columbite-tantalite, and wolframite minerals have been smelted; (2) after gold has been fully refined; or (3) after any conflict mineral, or its derivatives, that have not been fully smelted or fully refined are located outside of the Covered Countries.
H. Location of Required Disclosures
Under the proposed rules, conflict minerals disclosures would have been included in an issuer's annual report on Form 10-K, and the Conflict Minerals Report, where required, would have been furnished as an exhibit to the annual report. The final rules require disclosure about conflict minerals to be included in a new Exchange Act form, Form SD, and the Conflict Minerals Report to be provided as an exhibit to Form SD. An issuer also must make its conflict minerals disclosure and its Conflict Minerals Report, if required, available on its website for one year, and include links to this information in the body of the Form SD.
Form SD is to be filed, rather than furnished. This means that issuers will be subject to liability under Section 18 of the Exchange Act for any "false or misleading" statements in their Form SD, subject to a defense if the issuer acted in good faith and did not have knowledge that the report was false or misleading. The Form SD is not required to be accompanied by the officer certifications that apply to Forms 10-K and 10-Q, and is not incorporated into an issuer's registration statements under the Securities Act of 1933, unless the issuer so specifies.
I. Time Period for Providing Disclosures
While the proposed rules would have treated the date that an issuer took possession of a conflict mineral as determinative of the reporting year in which its conflict minerals disclosures would have been required, under the final rules, an issuer must provide its required conflict minerals information for the calendar year in which the manufacture of a product that contains any conflict minerals is completed.
Issuers that acquire or otherwise obtain control over a company that manufactures or contracts to manufacture products with conflict minerals have additional time under the final rules to file the conflict minerals information if the acquired company previously had not been obligated to make conflict minerals disclosures to the SEC. Such issuers may delay the initial reporting period for the products of the acquired company until the first reporting calendar year that begins no sooner than eight months after the effective date of the acquisition.
Cost of Compliance
The proposed costs of compliance with the conflict minerals rules as set forth in the proposing release were far below what commentators estimated them to be, and, in the final release, the SEC has acknowledged that the costs are expected to be much higher.
The SEC's proposed rules estimated the compliance cost at $71.2 million. By comparison, a Tulane University study estimated the compliance cost of the rules to be $7.93 billion, and the National Association of Manufacturers cited the total cost at $9 billion to $16 billion. As a result of these high cost estimates, the SEC's greater focus on cost-benefit analysis and how various implementations of the rules would affect the cost of compliance factored into its delay in issuing the final rules.
The cost estimates included in the SEC's proposed rules are significantly lower than other suggested estimates because the SEC's figure reflects only the cost to public companies reporting under the rules and does not include the impacts on these companies' suppliers and others in the supply chain that are not reporting companies. In addition, the SEC's estimate that only 20% of affected issuers will be required to prepare a Conflict Minerals Report was likely understated, given that issuers who are unable to determine the origin of their conflict minerals, as well as issuers whose conflict minerals originated in the Covered Countries, will be required to prepare a Conflict Minerals Report. In light of these difficulties with the SEC's cost estimate and the disparity between the SEC's estimate and other published estimates of the cost of the rules, the U.S. Chamber of Commerce called on the SEC to conduct a new cost-benefit analysis in its July 11, 2012 letter to the agency.
The SEC's release accompanying the final rules estimates the initial compliance costs for issuers to be much greater than the SEC's estimate in the proposed rules: initial costs of approximately $3 billion to $4 billion, with annual ongoing compliance costs of between $207 million and $609 million. The SEC views the burden of this regulatory effort as "necessary and appropriate," though it is expected to create "significant economic effects." The quantified estimates are based on the SEC's economic analysis of data provided by commentators, and the estimate for initial compliance costs attempts to consider: (1) costs for upgrading IT systems; (2) issuers' average number of first-tier suppliers; (3) costs to suppliers; and (4) total number of suppliers affected. Additionally, the SEC estimates that the annual increase in paperwork burden for all affected companies will be approximately 2.2 million hours and $1.2 billion in order to comply with the final rules' collection of information requirements.
OECD Guidance and Supply Chain Tracking Initiatives
A. OECD Guidance
The final rules mandate that conflict minerals supply chain due diligence be performed in accordance with a nationally or internationally recognized due diligence framework. Currently, the OECD Guidance is the only such established framework. The OECD Guidance was adopted as an OECD Recommendation by forty-one countries under the chairmanship of Secretary Clinton, and was designed by the OECD to be "complementary and mutually supportive" of Section 1502. The OECD Guidance has been endorsed by the U.S. Department of State, pursuant to its statutory directive to, in consultation with the Administrator of the U.S. Agency for International Development, "submit to the appropriate congressional committees a strategy to address the linkages between human rights abuses, armed groups, mining of conflict minerals, and commercial products," including "[a] plan to provide guidance to commercial entities seeking to exercise due diligence on and formalize the origin and chain of custody of conflict minerals."
The OECD Guidance includes:
A supply chain due diligence framework;
A model supply chain policy;
Suggested measures for risk mitigation; and
Two supplements on tin-tantalum-tungsten and gold.
The five-step due diligence framework includes recommendations to enable companies to:
"Establish strong company management systems;"
"Identify and assess risks in the supply chain;"
"Design and implement a strategy to respond to identified risks;"
"Carry out an independent third-party audit of supply chain due diligence at identified points in the supply chain;" and
"Report on supply chain due diligence."
The text of the OECD Guidance is available here. The OECD has initiated a pilot program consisting of more than 85 companies and industry associations, including Siemens, Boeing, Ford Motor Company, Hewlett-Packard, and Panasonic.
B. Supply Chain Initiatives
In order for an issuer's due diligence pursuant to the OECD Guidance to provide the information necessary to make disclosures under the rules, traceable and transparent supply chains for conflict minerals must exist. Traceable and transparent supply chains, in turn, require the implementation and establishment of mechanisms that facilitate tracing conflict minerals back to their mine of origin. In this regard, a number of global and in-region supply chain initiatives, discussed in the table included in Appendix II, are under development to enable issuers engaging in due diligence under the OECD framework to obtain the information necessary for making their conflict minerals disclosures. These supply chain tracking initiatives also may facilitate tracing efforts required pursuant to state and foreign regulations relating to the use of conflict minerals.[5]
What Public Companies Should Do Now
Compliance with the conflict minerals rules will entail substantial costs and challenges. While the final rules clarify certain topics raised by commentators and the adopting release provides additional guidance regarding others, many interpretative issues remain, including determining whether an issuer's conduct is considered manufacturing or contract manufacturing, and whether conflict minerals are necessary to the functionality or production of an issuer's products. Similarly, the precise efforts that will be required to conduct reasonable country of origin inquiries and due diligence remains unclear, particularly in light of the still-developing nature of supply chain tracing initiatives. Notwithstanding these areas of uncertainty, issuers should consider taking the following steps to begin this undertaking:
Determine whether any of your products contain conflict minerals and compile a list of any such products.
If your products contain conflict minerals, determine whether you are subject to the conflict minerals rules in light of SEC guidance on the meaning of the phrase "necessary to the functionality or production of a product" and the terms "manufacture" and "contract to manufacture."
If you are subject to the rules, promptly identify your suppliers for products that contain conflict minerals and communicate to those suppliers that their cooperation will be required in order for you to comply with Section 1502.
Take steps to train relevant employees regarding the conflict minerals rules and best practices for compiling supply chain tracing data from suppliers.
Adopt processes reasonably designed to determine the country of origin of the conflict minerals used in your products and whether the conflict minerals used in your products are from recycled or scrap sources.
Determine whether you will require suppliers to provide you with only conflict minerals or products containing conflict minerals that originated outside the Covered Countries.
Consider developing a Conflict Minerals Policy addressing your position on the sourcing of conflict minerals in your products. Provide the policy to your suppliers, and consider whether to make it publicly available, such as by posting it on your website.
Consider obtaining representations and warranties concerning the origin of conflict minerals in contracts with your suppliers.
Coordinate efforts with industry trade associations that have taken an active role in conflict mineral supply chain tracing efforts and compliance, such as the Electronic Industry Citizenship Coalition ("EICC").
Adopt due diligence processes to determine the chain of custody of the conflict minerals used in your products:
Familiarize yourself with the Conflict-Free Smelter Program, developed by the EICC and Global e-Sustainability Initiative ("GeSI") Work Group, which makes it possible to identify smelters that can demonstrate through an independent audit that materials they procure did not originate from sources that contribute to conflict in the Covered Countries.[6]
Consider using the Conflict Minerals Reporting Template, created by the EICC and GeSI Work Group, for compiling sourcing information on tantalum, tin, tungsten, and gold used in your products.[7]
Design, maintain, and regularly evaluate disclosure controls and procedures designed to ensure timely recording, processing, summarizing, and reporting of the information required by the conflict minerals rules through communication of relevant information to the appropriate employees and suppliers.
Develop and implement controls that document your analysis of whether you manufacture or contract to manufacture products containing conflict minerals necessary to the functionality or production of the products, your reasonable country of origin inquiry and your due diligence processes, if applicable.
Consider the independent private sector auditor you would retain if required.
[1] As an example, the adopting release provides that if a conflict mineral is necessary to either "making and receiving phone calls, accessing the internet, [or] listening to stored music," it would be necessary to the functionality of a smartphone with all of those capabilities.
[2] The term "armed group" is defined to mean an armed group that is identified as a perpetrator of serious human rights abuses in annual Country Reports on Human Rights Practices under the Foreign Assistance Act of 1962.
[3] The adopting release states that if an issuer's due diligence process is relatively consistent throughout its supply chain, the issuer can satisfy this requirement by generally describing its due diligence. But, if an issuer exercises significantly different due diligence processes for different aspects of its supply chain, such as for different conflict minerals or products, the issuer should describe how the processes are different.
[4] This statement constitutes the issuer's certification of the audit as required by Section 1502. The adopting release is clear that the statement need not be signed by an officer of the issuer.
[5] Conflict minerals legislation was adopted in California in October 2011 and in Maryland in May 2012. Other states considering similar legislation include Massachusetts and Rhode Island.
[6] The EICC and GeSI Work Group represent over 80 companies in the electronics and information and communications technologies industry. The list of compliant smelters and refiners is available here.
[7] The Conflict Minerals Reporting Template is available here.
Source: Adopting Release.
Stakeholder-Developed Global and In-Region Sourcing Initiatives
Primary organizations involved
Participation type
Independent audit required
Status of initiative
OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas [website]
Establishes practical guidance to enable companies to responsibly operate in and source from conflict areas and promotes accountability and transparency in conflict minerals supply chains.
Implementation phase
UNGoE Due Diligence Guidelines [website]
United Nations Group of Experts (UNGoE) on the DRC
Conflict-Free Smelter Program [website]
Global e-Sustainability Initiative (GeSI); Electronic Industry Citizenship Coalition (EICC)®
Verifies that the sources of conflict minerals processed by smelters are conflict-free.
Enables downstream companies to identify and source from conflict-free smelters.
WGC Conflict-Free Gold Standard and Tools [website]
World Gold Council (WGC)
Establishes a common approach for mining companies to responsibly mine gold and demonstrates that their mining operations do not fuel conflict or the abuse of human rights.
Development phase
LBMA Responsible Gold Guidance [website]
London Bullion Market Association (LBMA)
Ensures that all gold feed stock and all gold produced by refiners are conflict-free.
Enables downstream companies to identify and source from conflict-free refiners.
Mandatory for LBMA accredited refiners
RJC Chain-of-Custody Certification Program [website]
Responsible Jewellery Council (RJC)
Supports the identification and tracking of conflict-free gold throughout gold supply chains with the transfer of chain-of-custody documentation.
In-region sourcing initiatives
ITRI Tin Supply Chain Initiative (iTSCi) [website]
ITRI; Tantalum Niobium International Study Center; Pact; Channel Research
Supports responsible sourcing from Central Africa through the development of (1) a physical chain-of-custody system that tracks and monitors minerals from mine to smelter and (2) a due diligence system that includes independent audits and mine site and transportation route assessments.
Certified Trading Chains [website]
German Federal Institute for Geosciences and Natural Resources (BGR)
Supports responsible sourcing from Central Africa through the creation of a certification framework for artisanal mining sites.
ICGLR's Regional Certification Mechanism
International Conference on the Great Lakes Region (ICGLR)
Establishes a certification mechanism for the mining and trading of conflict minerals from the Great Lakes Region.
Mandatory for member countries
Source: "Conflict Minerals Disclosure Rule: SEC's Actions and Stakeholder-Developed Initiatives," Report to Congressional Committees, United States Government Accountability Office, Table 2: Stakeholder-Developed Global and In-Region Sourcing Initiatives, 17-18 (July 2012), available here.
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Count On These Collaborations
As I expect every one of you is a Pixar fan (being otherwise is a sign of sociopathy), you might have noticed a similarity in the voices of characters like Toy Story's Hamm, WALL-E's John and Mack from Cars and its upcoming sequel, Cars 2. That's because they, and six other characters spanning eleven movies and counting, are all voiced by John Ratzenberger. He might be the only performer to have held such consistency with this particular company, but he is not unique in being an actor who repeatedly works with the same people. In fact, we've come up with a list of nine other proverbial Ratzenberger's and their respective Pixar's:
MICHAEL CAINE & CHRISTOPHER NOLAN
Michael Caine is one of those rare immortal actors who is completely untouchable. I've never heard even the most contrarian of my hipster friends say that Michael Caine is overrated. As such, it's no surprise why rising powerhouse Christopher Nolan has opted to stick him in his last four (and upcoming fifth) directing pursuits. Caine's roles do not vary much between these films—he's always wise, good-natured and the only person the much younger hero can trust. He's always someplace between the movie and the audience. And he's always got at least one scene-stealing quip at the protagonist's expense. But can you really take issue with this repetitiveness? With a resume like The Prestige, Batman Begins, The Dark Knight, Inception and the unhealthily anticipated The Dark Knight Rises, how can you blame this dynamic duo for sticking with a formula that works?
STEVE BUSCEMI & THE COEN BROTHERS
The Coen Brothers. They've made some gold. They've made some silver. Throughout the 1990s, the Coen Brothers made five movies, and Steve Buscemi was in each one, as well as their short film part of a collaborative anthology, Paris Je T'Aime, in 2006. Buscemi had bit parts in Miller's Crossing and The Hudsucker Proxy, a slightly larger one in Barton Fink, and was the second male lead to William H. Macy in Fargo. But, like everyone who went to college, I favor, of course, The Big Lebowski, and cherish every second Buscemi was onscreen as Theodore Donald Kirobatsos. He really tied the movie together.
J.K. SIMMONS & JASON REITMAN
If I may just start out by saying something entirely uncontroversial: J.K. Simmons is awesome. He is as typecast as you can get, and it seems that neither he nor we seem to have any problem with this. Jason Reitman: also awesome. Juno was awesome. I don't care what you say, everyone I've ever met. I loved that movie.
Reitman is still relatively new to filmmaking. Aside from Juno, his feature resume up to this point consists only of Thank You For Smoking and Up in the Air. Coming out later this year is Young Adult: a drama about a young woman seeking romance after a divorce. This film, as well, will include Simmons among the cast (playing gruff-but-lovable, no doubt), and is written by Diablo Cody—who also wrote the screenplay for Juno. Which was awesome.
JOHNNY DEPP & TIM BURTON
Not all of these friendships produce good material. Tim Burton and Johnny Depp, both individually and as a pair, have indeed given us some memorable pieces of cinema. Some of the better projects on which they've collaborated include Edward Scissorhands, Sleepy Hollow and Ed Wood. I'll even throw Corpse Bride into the Pros list. But as time went on, they began making a career out of defaming timeless works of art with Charlie and the Chocolate Factory and Alice in Wonderland. Also, Sweeney Todd happened. But they're not done yet. Coming up for 2012 is Dark Shadows: a horroresque film directed by Burton, about the adventures of a vampire (played by Depp) who encounters a slew of other mythological creatures. Nice change of pace, guys.
SAMUEL L. JACKSON & QUENTIN TARANTINO
Samuel L. Jackson is an interesting case. He has appeared in four of six of the feature films over which Tarantino played director, but in two instances, he was never seen. Those two are Kill Bill: Volume 2, in which he played a bit part as Rufus, the pianist at the church wherein Uma Thurman's character intended to be married, and who existed to the audience only as a silhouette with a cigarette (that's a pretty good band name).
His second faceless performance was in Inglourious Basterds, when Jackson performed a single voice-over segment to introduce Til Schweiger's character, Hugo Stiglitz. Aside from these, Jackson has played Ordelle Robbie in Tarantino's oft forgotten Jackie Brown, and (do I even need to mention?) the career-defining Jules Winfield in Pulp Fiction. Jackson is also set to play a major role in Tarantino's upcoming Django Unchained.
RUSSELL CROWE & RIDLEY SCOTT
Crowe and Scott pair together quite naturally. Both are responsible for some fantastic pieces of cinema, and neither would you be entirely comfortable inviting into your home. Since their initial collaboration on the 2000 Best Picture Gladiator, Crowe and Scott have paired up on four additional films—earning praise for American Gangster, dissatisfaction with Robin Hood, and… Did anyone see Body of Lies? Or the other one? I think it was about a house, or a garden…
OWEN WILSON (OR BILL MURRAY) & WES ANDERSON
Owen Wilson is undoubtedly more famous for his roles with the proverbial Frat Pack, especially frequent collaborator Ben Stiller. But the actor with the agonizingly mellow voice has appeared in almost every feature film directed by Wes Anderson, a college friend of Wilson's, to date.
Anderson, a favorite director of all the people who think they're better than you, has created Bottle Rocket and The Royal Tenenbaums, both of which Wilson co-wrote. In addition to these, Wilson had major roles in Anderson's The Life Aquatic with Steve Zissou, The Darjeeling Limited, and the director's first animated movie, The Fantastic Mr. Fox. Wilson also co-wrote Anderson's 1998 film Rushmore, which (along with each of the above movies with the exception of Bottle Rocket) included Bill Murray as a member of the cast. Both Murray and Wilson are rumored to appear in Anderson's next film, Moonrise Kingdom, about two parents' efforts to recover their runaway daughter.
LEOBERT DeNIPRIO & MARTIN SCORSESE
For the better part of his career—and I mean that in every way—De Niro was Scorsese's key player. Starting with 1973's Mean Streets, the duo forged a working relationship that lasted twenty-two years. Their most recent collaboration was Casino, in 1995. However, Scorsese and De Niro have been in talks to develop a new project called The Irishman and, if you can believe (or stomach the idea of) this, a sequel to Taxi Driver.
For the time being, it seems as though Scorsese has replaced De Niro with a younger, sparkier, ruffled good-guy: Leonardo DiCaprio. Since 2002, DiCaprio has starred in four Scorsese films. Scorsese is even going as far as to cast his new muse, whom everyone I know seems to either love or hate, in a role sure to earn him a great sum of scrutiny: in a developing biopic called Sinatra, as the Chairman of the Board himself.
EVERYONE IN THE HAPPY MADISON UNIVERSE
Adam Sandler has a greater reputation of working with his friends than anyone in the business. His production company, Happy Madison, has developed fifteen films starring Sandler since its first film and half of its namesake, Happy Gilmore. Three of Sandler's major starring roles, Billy Madison, The Waterboy, and The Wedding Singer, were produced independently from Happy Madison. Over the course of his career, Sandler has wavered from accusing his girlfriend of adultery with fictitious penguins. He has played romantic leads, PTSD-sufferers, and cancer survivors. One consistency throughout his years onscreen, however, is in his supporting casts. Sandler's confidants, rivals, and comic reliefs are often actors who have played similar roles in other Happy Madison films. Included in the recurring clan of Sandler's screen partners are Rob Schneider, Allen Covert, and–the guy you probably never noticed–Jonathan Loughran, who have each played behind the man in nine different films. Although none reach this level of dedication, other impressive numbers belong to Peter Dante with eight films, once again to Steve Buscemi, with six (this is clearly a loyal guy), to Kevin Nealon with five, and to Henry Winkler and Kevin James, with four movies each. And these are just the Sandler-starring films. There are dozens of other Happy Madison Productions that include these and other recurring actors.
#AdamSandler
#AliceinWonderland
#AllenCovert
#AmericanGangster
#BatmanBegins
#BenStiller
#BillMurray
#BodyofLies
#Cars2
#CharlieandtheChocolateFactory
#EdWood
#HenryWinkler
#HugoStiglitz
#J.K.Simmons
#JasonReitman
#JohnRatzenberger
#JohnnyDepp
#JonathanLoughran
#Juno
#KevinJames
#KevinNealon
#LeonardoDiCaprio
#MartinScorsese
#MichaelCaine
#OwenWilson
#PeterDante
#RobSchneider
#RobinHood
#Rufus
#SamuelL.Jackson
#SleepyHollow
#SteveBuscemi
#ThankYouforSmoking
#TheBigLebowski
#TheDarkKnight
#TheHudsuckerProxy
#TilSchweiger
#TimBurton
#UmaThurman
#WALL-E
#WesAnderson
#WilliamH.Macy
Weekend Movie Releases – January 15th – January 17th

redpajama_set_name: RedPajamaCommonCrawl


text:
Broussonetia papyrifera, Paper Mulberry
Invasive Species February 09, 2012
Invasive Species: Broussonetia papyrifera, Paper Mulberry
Paper mulberry is a fast-growing deciduous tree that can reach 50 ft (15.2 m) in height and invades disturbed areas throughout the Eastern United States. The tree crown is broad and rounded, with wide-spreading branches. Paper mulberry leaves are highly variable in size (3 to 10 in. [7.6 to 25.4 cm]), shape, and arrangement. Shape ranges from heart-shaped and entire to multilobed and highly dissected. The leaves are usually alternate, but they can be whorled or opposite. Leaves are fuzzy and have coarsely serrated margins. The sap is milky white and flows freely from cut surfaces. Flowering occurs in the spring, when female flowers form in globose heads and male flowers develop in catkins. Fruit are red to orange, globose, and 1 to 1.6 in. (3 to 4 cm) in diameter. Winter twigs have a "fuzzy" appearance. Paper mulberry quickly invades disturbed areas and can be found along forest edges, old fields, and roads, where it displaces native vegetation. Due to their shallow root systems, the trees are susceptible to being blown down in high winds. Paper mulberry is native to Asia, where it was used to produce paper. It was introduced in North America in the early 1900s and has been widely planted as an ornamental tree.
What are invasive species, and why should we be concerned about them?
Taxonomy: Scientific and Common Names for This Species
Urticales > Moraceae > Broussonetia papyrifera (L.) L'Hér. ex Vent.
Synonym(s): none
Broussonetia papyrifera - USDA PLANTS Profile
paper mulberry - The reported distribution of this invasive species across the United States (Source: Invasive Plant Atlas of the United States)
Up-to-the-minute distribution maps and why they are important
Reporting This Invasive Species
What is the best way to report the occurrence of an invasive species?
How to report an invasive species sighting to EDDMapS - Early Detection & Distribution Mapping System
EDDMapS - Report an invasive species to EDDMapS.
County Extension Offices - Find your county Extension office on this map provided by USDA.
How to Identify
This invasive species can be identified by looking for the characteristics described in the paragraphs that follow.
Paper mulberry is a fast-growing deciduous tree that can reach 50 ft (15.2 m) in height. The tree crown is broad and rounded, with wide-spreading branches.
Chuck Bargeron, University of Georgia, bugwood.org Karan A. Rawlins, University of Georgia, bugwood.org
Foliage is the best identifying characteristic for this species. Paper mulberry leaves are highly variable in size (3 to 10 in. [7.6 to 25.4 cm]), shape, and arrangement. Shape ranges from heart-shaped and entire to multilobed and highly dissected. The leaves are usually alternate, but they can be whorled or opposite. Leaves are fuzzy and have coarsely serrated margins. The sap is milky white and flows freely from cut surfaces.
Karan A. Rawlins, University of Georgia, bugwood.org Karan A. Rawlins, University of Georgia, bugwood.org
Flowering occurs in the spring, when female flowers form in globose heads and male flowers develop in catkins.
Gerald D. Carr, Carr Botanical Consultation, bugwood.org James H. Miller, USDA Forest Service, bugwood.org
Fruit are red to orange, globose, and 1 to 1.6 in. (3 to 4 cm) in diameter.
Amy Richard, University of Florida, bugwood.org Steve Hurst, USDA NRCS PLANTS Database, bugwood.org
Native Morus Species Resemble Paper Mulberry
Morus rubra, red mulberry - Images at invasive.org
Paul Wray, Iowa State University, bugwood.org Rebekah D. Wallace, University of Georgia, bugwood.org
Paul Wray, Iowa State University, bugwood.org Chris Evans, River to River CWMA, bugwood.org
Additional Images for Paper Mulberry
paper mulberry - Images at invasive.org
Learning Resources for Paper Mulberry
Additional Information, Biology, Control and Management Resources
Control and management recommendations vary according to individual circumstances. Location, habitat, weather, and a variety of other conditions are factors that help determine the best treatment choice. To find the safest and most effective treatment for your situation, consult your state's land-grant institution. If you will use chemicals as part of the control process, always refer to the product label .
United States Land-Grant University System - Find your Land-Grant University's College of Agriculture, University Cooperative Extension Service, or other related partner on this map provided by USDA.
A Field Guide for the Identification of Invasive Plants in Southern Forests - USDA Forest Service
A Management Guide for Invasive Plants in Southern Forests - USDA Forest Service
Florida National Forests Invasive Plant Series - USDA Forest Service
Weeds Gone Wild: Alien Plant Invaders of Natural Areas - Plant Conservation Alliance
Weed of the Week - USDA Forest Service
Invasive Species Management Plans for Florida - University of Florida, Center for Aquatic and Invasive Plants
Invasives Database - TexasInvasives.org
invasive species, invasive, weed, biodiversity, invasive plant, terrestrial invasive species, terrestrial invasive plant, invasive tree, invasive species article, invasive species profile
ARTICLES & PROFILES
Invasive Species Articles
Terrestrial (land-dwelling) Invasive Species Profiles
Aquatic (water-dwelling) Invasive Species Profiles
EDUCATIONAL & OUTREACH RESOURCES
Public Outreach and Education Materials
Kid's Page: Educational Resources for Teachers
Join the Invasive species Community
Bugwood Blog (Invasive Species in the News)
Bugwood Facebook Page


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Questions of Global Warming
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Tags : Global warmingncert solutions of Global Warming class 8th
Category : NCERT SOLUTIONS FOR CLASS 8TH
Global Warming Questions and Answers Class 8th
The term global warming refers to the general increase in the average temperature of the earth caused by the presence of greenhouse gasses in the atmosphere, causing changes in climate patterns throughout the globe.
SUMMARY OF GLOBAL WARMING
Global Warming is one of the major threats to the human race. It refers to the rise of about 0.80C. Its main reason is the increase in the greenhouse gases produced by human activities. Global Warming will increase sea water levels and cause extreme weather events including heat waves, droughts, and heavy rainfall.
Global Warming will melt all the glaciers in the Himalayan region and change the livelihood of millions of people of the subcontinent.
Even place like Kashmir will have an impact of this warming. Glaciers in Jammu and Kashmir are receding at an alarming rate. This has resulted in water scarcity and increased the threat of floods. Global warming has brought in high-velocity storms in the valley which have caused devastation to crops and fruits. The rapid melting of Kolhai glacier by 18% has evoked concern among environmentalist. This is mainly due to increase in temperature, caused by high levels of the population from various sources. The observation made by TERI has shown increased discharge trends due to increase in glacier melt runoff.
Global Warming has brought great changes in climate. The average temperatures have increased. The research carried out by the University of Kashmir has shown that the average increase in temperature in the valley by the end of the 21st century would be between 2 and 3 centigrade. Erratic snowfall, hotter summers, climate variability and change in precipitation levels will affect livelihoods. So, we need to come up with a strategy for the sustainable development of water resources in the region. Our children will curse as if we don't do it now.
Working with the Text
Q.1 Why has the Earth's average surface temperature increased?
Ans: One of the major reasons cited for the increase in the Earth's average surface temperature is the increasing concentrations of greenhouse gases produced by human activities such as deforestration and burning of fossil fuels. The increase in the carbon footprint by the developed and the developing countries is one of the major causes of global warming.
Q. 2 Why is the Himalayan region called the Water Tower of Asia?
Ans: The Himalayan region is called the Water Tower of Asia because it has a glacial coverage of 33000 square kilometers and it provides around 8.6 million cubic meters of water per annum.
Q. 3 What are the main sources of water in the Kashmir Valley?
Ans: The main sources of drinking water and irrigation in the Kashmir Valley are glaciers.
Q. 4 Why is water the most precious natural resource?
Ans: All life forms in general and the human life in particular are not possible without water. Water sustains life besides presenting itself as one of the major energy resources in the formation of electricity.
Q. 5 How has Kashmir been influenced by global warming?
Ans: Due to global warming, the glaciers in Kashmir are receding at an alarming rate. We have lost 18% of the Kolhai glacier, and about 16% of the glaciers in Suru basin. Besides this Kashmir is witnessing reduction in snowfall, occurance of high velocity wind storms, and drastic changes in prespitation and seasonal changes.
Q. 6 How is global warming the largest threat to humanity?
Ans: Global warming is catastrophic because it is going to render earth barren. Global warming is going to bring droughts, heatwaves and heavy downpour which will have disastrous consequences on the agricultural yields and consequently lead to species extinction. According to Noam Chomsky, after nuclear bomb environmental degradation is the second largest threat faced by man.
Q.7 What do you think is the cause of decrease in snowfall in Kashmir?
Ans: Ans. Global warming is the certain cause of the reduction in snowfall in Kashmir because global warming changes the precipitation patterns and thus leads to weather and eventually climate change.Thus, the main cause behind the decrease in snowfall in Kashmir is global warming.
Q. 8 What has been the impact of global warming on J&K so far?
Ans: Due to global warming, the glaciers in J&K are receding at an alarming rate as compared to other glacial regions in the world. J&K has lost about 18% of the Kolhai glacier and about 16% of glaciers in Sure basin alone in the last forty years.
Q. 9 What role do scientists play in J&K to deal with the global warming?
Ans: In Jammu and Kashmir, The Energy and Resource Institute (TERI) has selected the Kolhai glacier as one of the index glaciers for long term monitoring. The scientific studies conducted on the glacier will last for five years after which TERI will recommend measures to bring down the glacier's recession rate.
Q.10 What do we as individuals need to do to deal with the problem of global warming?
Ans: Besides making people aware about the disastrous consequences of global warming, we should try our best to minimize our carbon footprint that can be done by late minimizing air pollution, encouraging afforestation etc.
Q. 1. Why has the earth's average temperature increased?
Ans. Emission of various greenhouse gases like CO2 and CH4 (Carbon dioxide and methane) by several human activities have led to the increase in the Earth's average temperature as these gases trap the heat released by the earth and do not let it escape into space.
Q. 2. Why is the Himalayan region called the 'Water lower Asia?
Ans. The Himalayan region has a glacial coverage of 33,000 sq km and it provides around 8.6 million cubic meters of water annually. Therefore, it is aptly called the water tower of Asia.
Q. 3. What are the main sources of water in the Kashmir Valley?
Ans. Flood plain lakes, high altitude Himalayan lakes, perennial rivers of Indus system, wet-lands of different dimensions, ponds, snow-fed streams, springs, and reservoirs are the main sources of water in the Kashmir valley.
Q. 4. Why is water the most precious natural resource?
Ans. Water is the most precious natural resource because it saves our lives in many ways. It is used for drinking, maintaining health and hygiene, it helps in the economy, development, livelihood, generation of electricity and in agriculture.
Q. 5. How has Kashmir been influenced by global warming?
Ans. Kashmir has been adversely affected by global warming. In spite of being located at a pretty high altitude, the effects of global warming are quite vivid in the state. There has been a loss of 16% of glaciers in the Suru Basin, 18% of the Kollai Glacier has melted, demarcation between seasons is lost, early spring is not experienced in the state, precipitation patterns have changed, heavy rains and high-velocity storms visit the place, flowers have changed their blooming period, water is becoming scarce, there is a reduction in snowfall, icicles are nowhere to be seen in the winter months. Migratory birds have changed their cycle. This and many more are the repercussions of global warming in the Kashmir valley.
Q. 6. How is global warming the largest threat to humanity?
Ans. Global warming is the largest threat to humanity because it brings about changes in the climate and any change in climate shall influence every single organism living on the earth. Due to global warming, the largest glaciers are melting away which will cause the rise in the sea level and the consequent submerging of the coastal areas. The weather will change from moderate to hot. This will lead to droughts and lesser production in agriculture. The entire seasonal patterns will change which will result in the extinction of valuable plant and animal species that are essential for the survival of mankind.
Q. 7. What do you think is the cause of decrease in snowfall in Kashmir?
Ans. Global warming is the certain cause of the reduction in snowfall in Kashmir because global warming changes the precipitation patterns and thus leads to weather and eventually climate change.
Q. 8. What role do the scientists play in J&K to deal with the problem of global warming?
Ans. Scientists do extensive field study and keep a steady vigil on the environment to deal with the grave issue of global warming. Scientists have considered the Kollai glaciers as one of the index glaciers in the Lidder valley. Scientific studies conducted on the glacier will last for five years after which TERI (The Energy and Resources Institute J&K) will recommend measures to bring down the recession, rate of the glacier. Also, the studies conducted by the Kashmir University have unveiled the fact that if the pollution release in the valley continues to be at the same pace, by the end of the 21st century, the temperature of the valley will rise by 2 to 3 degree Celsius.
Q. 9. What do we as individuals need to do to deal with the problem of global warming?
Ans. Each individual needs to realize the graveness of the issue and do his part however little it may be. We got to be aware of our environment and its problems and then spread awareness among others as well. We should try to minimize the emission of greenhouse gases as much as we can. We got to realize the fact that our indifferent attitude shall cause us to pay the piper.
Gerund:
The -ing form of a verb that functions like a noun is called gerund. Gerund is, therefore, also called verbal Noun.
Uses of gerund:
a. The subject of a verb (or subject of the sentence)
i. Swimming helps to build strong muscles. ii. Reading develops wisdom.
i.	My favorite hobby is cooking
ii.	Our aim was only passing.
iii.	His nightmare was flying
(Notice: the gerund answers 'what' and not 'doing what')
d. As the object of a preposition.
i.	He is fond of cooking
ii.	Let's discuss about making excuses
iii. She is unbeatable in arguing.
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The Kirkwood High School Music Department presented Best of Broadway / Taste of Jazz Wed. March 13. After being cancelled due to weather in January, the music department was ready to preform. Students had the opportunity to preform solos, as well as there were group performances from Prism Vocal Jazz Ensemble, Men's and Women's Choral, Kaleidoscope Vocal Jazz Ensemble and A Cappella Concert Choir.
Bridget Killian, senior, preforms her solo, "And I'm Telling You I'm Not Going" from Dreamgirls, during one of her last choir prefomances.


text:
Microsoft & Warner Bros offer 3D printer blueprint for [The Hobbit] 'Key to Erebor'
by Derata, 5th December 2013
Dec.2, 2013
To support the 13th December release of?The Hobbit: Desolation of Smaug, Microsoft and Warner Bros announced the launch of a new cross-platform campaign and are offering a free 3D printer blueprint of The Key of Erebor from the film.
The ad campaign will run across Windows 8, MSN, Xbox 360, with an interactive, deep-dive into the film, including information about key characters, events and artefacts from the movie, actor biographies, behind-the-scenes videos and desktop wallpapers available for download.
The most interesting part is a 3D printer blueprint. The campaign will also offer Hobbit fans a free blueprint download for a 3D-printed model of "The Key to Erebor" ? a major artefact in the film's plot. Fans will be invited to produce their very own collectable memorabilia from The Hobbit: The Desolation of Smaug for the cost of the print. The download will become available on the day the film is released: 13th December 2013.
Owen Sagness, General Manager for Microsoft Advertising & Online UK, says: "By offering fans a blueprint for a 3D model of one of The Hobbit: The Desolation of Smaug's 'key' artefacts, we're providing a genuinely valuable and unique experience that puts the consumer first, while continuing to deliver for the client and push the boundaries of what is creatively possible using new technology."


text:
News: Quick Takes
Growing tax collections trigger corporate rate cut
3 percent rate will take effect in January; revenues beat target by more than $300 million
in Quick Takes
By collecting $21.3 billion in General Fund revenues during the 2015-16 fiscal year, the corporate income tax rate will drop to 3 percent in January. That trigger was included in the budget that was adopted in September 2015.
"Even in an environment of historic tax cuts saving taxpayers more than $4.4 billion over five years, state revenues continue to grow due to our tremendous job growth, economic expansion, and responsible fiscal management," GOP Gov. Pat McCrory said Tuesday in a statement announcing the revenue surplus and tax cut. "Today's news that the state has met the threshold for further tax cuts for businesses will help spur job creation and continue to make North Carolina one of the best states for business."
State Sen. Bob Rucho, R-Mecklenburg, who has championed many of the state's recent tax reforms and cuts, said the corporate tax cut will be good for North Carolina and help more people share in the state's prosperity.
"This is all part of our tax reform package with the ultimate goal of making North Carolina the most competitive economy not just in the Southeast but also in the country," Rucho said. The lower tax rate would make the state more attractive for corporations to move to North Carolina and spur capital investments, leading to more job creation, he said.
"We're seeing the surpluses that our critics said would never happen when we did our tax cuts," Rucho said. "The plan that we put into place is working perfectly."
The biennial budget adopted last September included a provision that would lower the corporate tax rate from the current 4 percent to 3 percent once revenue collections exceeded $20.975 billion. The 2015-16 collections beat that target by $300 million.
With the January tax cut, the state's corporate tax rate will have dropped by more than half since 2013, when it was 6.9 percent. Also in January, the personal income tax rate will drop from 5.75 percent to 5.499 percent.
categories: CJ Quick Take, Economic Growth & Development, North Carolina, Spending & Taxes, State Government
tags: tax reform


All preppers are bound to find themselves in possession of wood ashes at some point. Whether it's from your fireplace, a campfire, or somewhere else, you're going to end up with a big pile of ashes. So why not doing something useful with it?
Believe it or not, wood ashes are incredibly versatile. You can use them to make soap, remove stains, eliminate odors, feed plants, treat wounds, preserve food, get rid of pests, and much more.
Mental Scoop made a list of 30 amazing uses for wood ashes. Follow the link below to check it out.


Your chance to own at The Winchelsea has arrived! Enjoy this spacious one bedroom, with huge master bedroom 15'x11', includes a cosy built-in window seat to read your favourite novel. Patio offers a private, serene setting for morning coffee or a spot to relax on a hot summer night. Keep warm with the added bonus of a gas fireplace. Update flooring & appliances. Close to transit, shopping, restaurants and schools. Minutes to BCIT, Brentwood Mall, Costco & Charlie's Chocolate Factory! Many other amenities at your doorstep. One parking spot, one storage locker. RENTALS ALLOWED. Pet-friendy too! First showing OPEN HOUSE Sat/Sun Apr 21/22 2-4PM.


text:
Q: how to save the state of a game scheme for example I have this game:
This game does is move a bird on keyboard or mouse
(define-struct estado (ANCHO ALTO vel tiempo mov punto))

(define mapa (bitmap "mapa.png"))
(define Projo (bitmap "Projo.png"))
(define mario (bitmap "mario.png"))

(define (crear-mundo estado)
  (big-bang estado
  [to-draw pintar]
  [on-tick tiempo-nuevo]
  [on-mouse click]
  [on-key cambiar-al-nuevo-mundo-teclado]
  [stop-when fin-juego]))

(define (pintar nuevo-mundo)
  (cond
    [(colisión nuevo-mundo area)
     (place-image Projo
                  (posn-x (estado-punto nuevo-mundo))
                  (posn-y (estado-punto nuevo-mundo))
                  (place-image (text (string-append "Tiempo: " (number->string (quotient (estado-tiempo nuevo-mundo) 28))) 12 "red") 40 20 mapa)
                  )]
    [else (place-image Projo
                       (posn-x (estado-punto nuevo-mundo))
                       (posn-y (estado-punto nuevo-mundo))
                       ;(place-image mario 750 500 (empty-scene 800 600))
                       ;(place-image mario 750 500 mapa)
                       (place-image (text (string-append "Tiempo: " (number->string (quotient (estado-tiempo nuevo-mundo) 28))) 12 "green") 40 20 mapa)
                       )]
    )
  )

create the new state of the game where make-posn is the position of the bird
(crear-mundo (make-estado 800 600 10 0 0 (make-posn 100 100)))

How I can save the state of play with the position of the bird when the game is run and what position changes

A: The simplest would be to just use standard write and read:
#!racket

(define file "file.rc")

(define (save config)
  (with-output-to-file file
      (lambda () (write config))
      #:mode 'text
      #:exists 'truncate)
  config)

(define (read)
  (with-input-from-file file
      (lambda () (read))))

So imagine you have a loop somewhere where you pass the new state to the next iteration. Just wrapping it in (save state) will save a new file over the last. (read) will read that file, perhaps when you start up.
You might need to check if it exists but this is basically what you need to read/store state.

redpajama_set_name: RedPajamaStackExchange


text:
package nl.uva.vlet.vfs.irods;

import java.io.IOException;

import edu.sdsc.grid.io.GeneralFile;
import edu.sdsc.grid.io.irods.IRODSFile;
import nl.uva.vlet.data.StringList;
import nl.uva.vlet.exception.ResourceAlreadyExistsException;
import nl.uva.vlet.exception.ResourceCreationFailedException;
import nl.uva.vlet.exception.VlException;
import nl.uva.vlet.presentation.Presentation;
import nl.uva.vlet.presentation.VPresentable;
import nl.uva.vlet.vfs.VDir;
import nl.uva.vlet.vfs.VFSNode;
import nl.uva.vlet.vrl.VRL;

/**
 * Irods Dir.
 */
public class IrodsDir extends VDir implements VPresentable
{
	protected IRODSFile irodsFile;

    public IrodsDir(IrodsFS irodsfs, IRODSFile _file, VRL vrl)
	{
		super(irodsfs, vrl);
		this.irodsFile=_file;
	}

    /** Returns all default attributes names */
    public String[] getAttributeNames()
    {
        String superNames[]=super.getAttributeNames();

        return StringList.merge(superNames,IrodsFS.irodsDirAttributeNames);
    }

	@Override
	public boolean create(boolean ignoreExisting) throws VlException
	{
	    if (this.irodsFile.exists())
	    {
	        if (this.irodsFile.isFile())
	            throw new ResourceAlreadyExistsException("A file withe the same name already exists and is not a directory"+getPath());

	        if (ignoreExisting)
	            return true;
	        else
	            throw new ResourceAlreadyExistsException("Directory already exists:"+this);
	    }

	    if (this.irodsFile.getParentFile().exists()==false)
	    {
	        IrodsFS.logger.warnPrintf("IrodsDir.mkdir(): parent directory doesn't exists:"+getPath());
	    }

        // create subdir:
        boolean result=this.irodsFile.mkdir();

        if (result==false)
            throw new ResourceCreationFailedException("mkdir() returned FALSE for:"+getPath());

        return true;
	}

	@Override
	public boolean exists() throws VlException
	{
	    if (this.irodsFile.exists()==false)
	        return  false;

	    return this.irodsFile.isDirectory();
	}

	@Override
	public VFSNode[] list() throws VlException
	{
	    // full query!
	    GeneralFile[] files = irodsFile.listFiles();

	    if (files==null)
	        return null;

	    IrodsFS irodsfs = getFS();

	    VFSNode nodes[]=new VFSNode[files.length];
	    int index=0;

	    for (GeneralFile file:files)
	    {
	        VFSNode node=null;

	        String absPath=file.getAbsolutePath();

	        VRL vrl=this.resolvePathVRL(absPath);

	        if (file.isDirectory())
	        {
	            node=new IrodsDir(irodsfs,(IRODSFile)file,vrl);
	        }
	        else
	        {
	            // treat other as file
	            node=new IrodsFile(irodsfs,(IRODSFile)file,vrl);
	        }

	        nodes[index++]=node;

	    }

	    return nodes;
	}

	public IrodsFS getFileSystem()
	{
	    // Down Cast:
	    return (IrodsFS)super.getFileSystem();
	}

	@Override
	public long getModificationTime() throws VlException
	{
	    return this.irodsFile.lastModified();
	}

	@Override
	public boolean isReadable() throws VlException
	{
		return irodsFile.canRead();
	}

	@Override
	public boolean isWritable() throws VlException
	{
		return irodsFile.canWrite();
	}

	@Override
	public boolean isHidden()
	{
		return irodsFile.isHidden();
	}

	public long getNrOfNodes() throws VlException
	{
	    String files[]=this.irodsFile.list();

		if (files==null)
			return 0;

		return files.length;
	}

	public VRL rename(String newName, boolean renameFullPath)
			throws VlException
	{
	    return this.getFileSystem().rename(this,newName,renameFullPath);
	}

	public boolean delete(boolean recurse) throws VlException
	{
	    // check recurse:
	    return this.irodsFile.delete();
	}

	protected IrodsFS getFS()
    {
    	return ((IrodsFS)this.getFileSystem());
    }

	 @Override
	 public String getPermissionsString() throws VlException
	 {
		 return this.getFS().getPermissionsString(this.irodsFile,true);
	 }

	 @Override
	 public Presentation getPresentation()
	 {
		 return getFS().getPresentation(true);
	 }

	// =============================
	// Todo: Bulk Uploads/downloads:
	// =============================

}

redpajama_set_name: RedPajamaGithub


Actress Higa Manami (25) is set to take on her first starring movie role in "Tobe! Dakota," directed by Aburatani Seiji. The film is based on a true story about an incident involving a British plane that had to make an emergency landing in Japan just after World War II.
In January 1946, a British military transport plane headed from Shanghai to Tokyo was forced to make an emergency landing on Sado Island in the Niigata prefecture. Because of the war, the people of Sado had been subjected to propaganda about the "brutal" British and American soldiers, so the arrival of the plane was unwelcome. In the end, it took 40 days before the plane could take off again.
Higa plays the part of a woman named Hattori Chiyoko, the daughter of the family that ran the Hattori Ryokan where 5 of the plane's 8 crew members stayed. Chiyoko, who had just returned home from the volunteer corps, worked hard to take care of the 5 guests, from making meals and doing laundry to providing them mental comfort with records of British songs. She even bought English conversation books on her own in order to speak with them.
Producers plan to shoot the entire movie on Sado Island, starting in January. The release date is tentatively set for September 2012. It is also said that the movie may be screened at film festivals in other countries.


text:
Tuesday ,03 March 2020
Updated daily except Saturday and Sunday
Choose archive date
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| Pope Tawadros receives monks of St. Moussa Monastery | Bishops Angelos and Gabriel offer condolences on the death of Mubarak | New priests ordained at the Coptic Church in the Sudan | Bishop Pfnotious ordains a new priest in Samalout | New priests ordained in the Diocese of Mallawi | After a reconciliation session 2 Copts and 6 Muslims released in Faw village | Bishop Markos perfumes the remains of St. Zakharias in Sakha | 3 new priests ordained in Mit Ghamr | Bishop of Port Said ordains new priests for the ministry
Pope Shenouda
Copts & poliltical islam
Short but not sweet
Conference Resolutions
Wednesday ,03 August 2016
Pre-prepared Friday sermons are of legitimate national interest: Egypt's endowments minister
Egypt's religious endowments minister Mohamed Mokhtar Gomaa said that having pre-prepared Friday sermons is of "legitimate national interest," though he stressed that the "era of silencing people is over."
Second International Coptic Conference - Washington, DC
More than 220 thinkers, politicians, secularists and non-secularists, and Muslims from Egypt, Syria, Lebanon, Jordan, Saudi Arabia, Sudan, Iraq, Tunisia, Bahrain, Libya, Europe, the United States, and Australia, convened to study and discuss the status of the minorities in the Middle East and Islamic countries.
Friday ,03 February 2012
The First International Coptic Symposium
In order to end the long and enduring persecution of the Copts in Egypt , we call on the Egyptian government to enact 'Special Legislation' through the Egyptian legislature to correct all inequities resulting from historical neglect and discrimination.
Egypt bids farewell to Mubarak
Youseef Sidhom
Last Tuesday, the former President of Egypt, Hosi Mubarak, died at the age of 92. The man who served his country for many years as leader of the Air forces, vice president and president of the republic from 1981 to 2011 deserved to receive a military funeral. Egypt shall remember what he did including all good and bad things. It is understood that history doesn't know angels or devils, but human beings who comm
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Canon imageRUNNER ADVANCE C3325i Driver Printer Download & Setup for Windows 10, 8, 7 – The Canon imageRUNNER ADVANCE C3325i is a touchscreen measures 10 X 7 inches. It functions much like a smart device. Individuals have the option to personalize their touchscreen experience. Customers can conveniently look for files, scan or print them, or convert them as needed.
The Canon imageRUNNER ADVANCE C3325i are a few completing alternatives. when we tested it, there was an internal finisher with the capability of a 600-two-sheet tray and also a 50-sheet multi-staple capable of being relied upon in your daily work. Second, there is an exterior stapling finisher with a two-tray 3,250-sheet ability and 50-sheet multiposition stapling.
The Canon imageRUNNER ADVANCE C3325i copier can flawlessly incorporate right into your imageRUNNER DEVELOPMENT network of gadgets. These features might be necessary for services in the lawful, healthcare or accounting sphere, or any firm that requires to allocate expenses back to clients or to certain divisions.
You can make all the practicalities in the Canon imageRUNNER ADVANCE C3325i with all the quick shortcuts, you have to do that performance because you don't just copy and do faxes, but there are still many excellent features and there must really be guarding them.
"canonpixmadriver.com" always provides the latest software as much as possible and optimizes the performance of the Canon imageRUNNER ADVANCE C3325i. You can also read and improve through a tutorial on how to set up Canon imageRUNNER ADVANCE C3325i. Make sure, you have installed everything you need through this website. We strongly recommend that you follow all other instructions or additional links, which we share here are sources from the Canon official Website site and hope it will work well on your computer or laptop.
4. Find the Canon imageRUNNER ADVANCE C3325i Printer, then double click and following this instruction to be removed your driver printer.


text:
You are here: Home > Featured > Canada, Britain and U.S. oppose UN health body's resolution singling out Israel
Canada, Britain and U.S. oppose UN health body's resolution singling out Israel
(JTA) – Canada, Great Britain and the United States joined three other nations in voting against a World Health Organization resolution that they said singles out Israel for criticism.
The resolution, which passed by an overwhelming majority on Friday during the 70th World Health Assembly in Geneva, Switzerland, mostly speaks of the need to improve services provided to Palestinians and residents of the Golan Heights. It also mentions the health needs of "prisoners and detainees" in Israel.
Syria, the Palestinian Authority, Venezuela, Cuba, Ecuador, Pakistan, South Africa and five other Arab countries proposed the draft resolution this year.
Critics like the UN Watch NGO suggested that it was hypocritical of the WHO to support a resolution on Israel that was co-authored by Syria, where hundreds of thousands of people have died in a brutal civil war that erupted in 2011.
"In the real world, Syria drops barrel bombs on its own hospitals. In the UN world, Syria co-sponsors @WHO resolution today targeting Israel," UN Watch Executive Director Hillel Neuer wrote on Twitter.
The British delegate joined the United States, Canada, Australia, Guatemala, Togo and Israel in voting against the resolution. The United Kingdom was the only European Union member nation to oppose the resolution, which is a standing item at World Health Assembly meetings. Israel is the only country for which WHO has a standing item, according to UN Watch, which claims this is discriminatory.
Titled "Health conditions in the occupied Palestinian territory, including east Jerusalem, and in the occupied Syrian Golan," the final text of the resolution was not immediately available on the WHO website. But a draft of the resolution is a significantly softened version of previous WHO resolutions condemning Israel.
Unlike the 2016 resolution, the current draft does not include condemnation of "barriers to health access in the occupied Palestinian territory" and "damage to and destruction of medical infrastructure" by Israel.
The United Kingdom voted in favor of the 2016 resolution.
By voting against the resolution this year, the United Kingdom "rejected the politicization of the important issue of health and the unacceptable anti-Israel bias present in UN bodies," Richard Verber, the senior vice president of the Board of Deputies of British Jews, told JTA.


text:
Q: Azure WebJobs Multiinstances from Azure Service Bus I am totally new to Azure World, so pardon me if the question looks silly.
We are building an Azure WEB APPS where the user can upload a text file. Once they finish uploading the text file, we write it to the Azure Service Bus Queue, saying the file is ready for processing.
We have a WebJob that runs continuously to pull the messages from the queue. If it sees a message in the ServiceBus Queue, it knows that it needs to process the file and does the work.
The files are pretty large and webjobs take couple of minutes to do the file manipulation and record in Azure SQL DB. What i am interested to Know here is, if multiple users load files at the same time and it gets added to the service bus queue, can the same webjobs be scaled up with multiple instances, so that the users dont need to wait for long time for their turn of processing the files. i.e. if 5 users load the file at same time, 5 messages are added to the service bus, can 5 instances of the same webjobs run at parallel, so there is no down time.

A: If your web app runs on more than one instance, a continuously running WebJob will run on all of your instances More about instances here.
You can also use multiple threads to handle incoming messages like described here.