As defined by US legislation, “conflict minerals” include tantalum, tin, tungsten and gold, which are the derivatives of the minerals cassiterite, columbite-tantalite and wolframite, respectively. The derivatives of these minerals are referred to as 3TG. These minerals are commonly used in electronics products. Some of the mining operations for these minerals in the Democratic Republic of the Congo and adjoining countries are controlled by warring militias who may be financing armed conflict with profits from the sale of these minerals. This ongoing conflict has been linked to human rights violations, labor abuses, and environmental degradation.
It is NETSCOUT’s goal to use 3TG in our products that do not directly or indirectly finance or benefit armed groups in the region and to ensure the responsible supply chain management of 3TG from conflict-affected and high-risk areas.
In support of this policy, NETSCOUT will:
- Establish processes to identify and assess 3TG risk in the supply chain and respond to risks, consistent with applicable industry guidance including the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.
- Expect our suppliers to commit to the responsible sourcing of minerals, including establishing a policy to reasonably assure that any 3TG in the products they manufacture does not directly or indirectly finance or benefit armed groups in the region.
- Report the results of our risk assessment and due diligence activities as appropriate.
You may view NETSCOUT’s SEC Form SD (Specialized Disclosure) and Conflict Minerals Report for Calendar Year 2018 (PDF) here.
Conflict Minerals Questions or Concerns?
NETSCOUT has established a mechanism by which customers, employees, and other interested parties may provide or request information relevant to the Company’s Conflict Minerals Management Program (CMMP) and report any grievances with respect to Conflict Minerals issues in general.
Slavery and Human Trafficking
In accordance with applicable legal requirements including the California Transparency in Supply Chains Act of 2010 and the UK Modern Slavery Act, NETSCOUT has taken steps to ensure that slavery and human trafficking is not taking place in any of its supply chains or in any part of its own business.
NETSCOUT’s Group Structure, Business, and Supply Chains
The Company designs, develops, manufactures (or contracts to manufacture), markets, licenses, sells, and supports application and network performance management and service assurance solutions focused on assuring service delivery quality, performance, and availability for large, demanding, and complex internet protocol (IP) based service delivery environments. The Company manufactures, or contracts to manufacture, and markets these products in integrated hardware and software solutions that are used by commercial enterprises, large governmental agencies, and telecommunication service providers worldwide.
The Company’s Due Diligence Processes in Relation to Slavery and Human Trafficking
NETSCOUT conducts its own business in compliance with applicable laws regarding slavery and human trafficking in the countries in which we conduct our business. NETSCOUT has implemented the policy and process described below to ensure that slavery and human trafficking is not taking place in any part of our own business or in any of our supply chains.
NETSCOUT Labor Practices
NETSCOUT acknowledges the unfortunate fact that in many countries, child and forced labor practices continue to be a pervasive problem. While NETSCOUT appreciates cultural differences, the company does not, in any circumstance, condone the exploitation of any child, child labor or forced labor in any of its global operations. More detail can be found in our Statement on Child and Forced Labor.
NETSCOUT has implemented the policy and process described below to ensure that slavery and human trafficking is not taking place in any of our supply chains.
- NETSCOUT has established a Vendor Code of Conduct that requires all direct suppliers to certify that they comply with all laws regarding slavery and human trafficking in the countries in which they do business. NETSCOUT does not employ a third party for verification.
- NETSCOUT does not perform, or use third parties to perform, audits of our suppliers to evaluate supplier compliance with laws and standards regarding slavery and human trafficking. We will, however, consider audits or third party verifications for direct suppliers if we determine they are of high risk.
- NETSCOUT requires that its direct suppliers certify that materials incorporated into their products comply with the laws regarding slavery and human trafficking in the countries in which they are doing business.
- NETSCOUT supply chain personnel are responsible for obtaining the above certifications from our direct suppliers. NETSCOUT may terminate suppliers for failure to comply with laws and standards regarding slavery and human trafficking. NETSCOUT personnel who fail to obtain the above certifications from NETSCOUT’s direct suppliers may face internal disciplinary measures.
- NETSCOUT provides training regarding the eradication of slavery and human trafficking to NETSCOUT employees and management who have direct responsibility for supply chain management.
NETSCOUT ensures that our products comply with all applicable requirements related to restricted and hazardous substances, including the following:
- RoHS Directive
- The revised EU RoHS Directive 2011/65/EU was published in the Official Journal of the European Union on January 7, 2011. Although it is also considered a “recast” Directive, it is more commonly known as the “RoHS II Directive”. RoHS bans the use of certain hazardous substances (such as lead, mercury, cadmium, hexavalent chromium and some polybrominated flame retardants) in electrical and electronic equipment (EEE).
- NETSCOUT products placed on the market in the EU do not contain any of the restricted substances in concentrations and applications not permitted by the RoHS II Directive.
- WEEE Directive
- The revised WEEE Directive was published in the Official Journal of the European Union on July 24, 2012. The new legislation is often called the “WEEE Recast Directive”. WEEE sets out the financial and other responsibilities of EEE producers regarding the collection and recycling of waste from a broad range of EEE at their end of life.
- Take back and recycling services are offered for NETSCOUT products in certain countries. If you have purchased NETSCOUT products in the EU after August 13, 2005 and are intending to discard these products at the end of their useful life, please do not dispose of them with your other household or municipal waste. We’ve labeled our products with the WEEE label (crossed-out wheelie bin symbol) to alert our customers that products bearing this label should not be disposed of in a landfill or with municipal or household waste in the EU. Instead, please be aware that we’ve developed a take-back program for proper disposal of NETSCOUT products at reputable recycling centers.
- If your product has the crossed-out wheelie bin symbol, it may be covered under a program that allows you to return the waste product to us for proper treatment, recovery, and disposal. Please check the terms of your end-user license agreement (sent with the product) to see whether you are eligible for our take-back program. The NETSCOUT take-back program applies to all products sold to European Union (EU) Member States. All returned NETSCOUT products must have a Returned Material Authorization (RMA) number assigned.
- If you are not located in any of the European Union countries, or if you purchased the product prior to August 13, 2005, you are still responsible for the proper disposal of the product through a reputable, licensed hazardous materials processor.
- For instructions on how to receive an RMA number and return your waste electrical product to NETSCOUT for treatment and proper disposal, please email [email protected].
- REACH – EU Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), 18 December 2008, which requires industry to be responsible for the safe manufacture and use of chemicals and aims to ensure that sufficient information is communicated down the supply chain to allow the safe use of articles.
- China RoHS – Legislation entitled “Management Methods for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products,” published by China’s Ministry of Industry and Information Technology (“MIIT”) on January 21, 2016, which establishes content limit restrictions for six substances and establishes related labeling requirements.
- EU Battery Directive – Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, or the EU Battery Directive, has the aim of minimizing the negative impact of batteries on the environment and improving their overall environmental performance. It restricts the use of some materials in batteries (particularly mercury and cadmium) and tasks Member States with encouraging the development of improvements to the environmental performance of batteries and putting in place battery collection schemes.
- EU Packaging Directive – The Packaging and Packaging Waste Directive 2004/12/EC (PPWD) places requirements on companies selling packaging and packaged goods in Europe.
- State of California (USA) Proposition 65 – In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65. Proposition 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 800 chemicals since it was first published in 1987. Proposition 65 requires businesses to notify Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment.