CARROTS AND STICKS – PROMOTING ... - Global Reporting Initiative
CARROTS AND STICKS – PROMOTING ... - Global Reporting Initiative
CARROTS AND STICKS – PROMOTING ... - Global Reporting Initiative
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Country/Region Standards, Codes and Guidelines<br />
reporting requirements for US-listed companies to<br />
increase corporate transparency (mainly corporate<br />
governance). Its Section 404 requirements for top<br />
executives to sign off on detailed internal controls<br />
have been accused of imposing too heavy a<br />
regulatory burden on companies, for example by not<br />
explaining the scope of internal and external checks<br />
required. Available at<br />
http://news.findlaw.com/hdocs/docs/gwbush/<br />
sarbanesoxley072302.pdf<br />
The<br />
� Securities & Exchange Commission (SEC)<br />
<strong>–</strong> The Securities & Exchange Commission (SEC) <strong>–</strong><br />
Under Regulation S-K, the SEC requires “appropriate<br />
disclosure...as to the material effects that compliance<br />
with Federal, State and local provisions which have<br />
been enacted or adopted regulating the discharge of<br />
materials into the environment, or otherwise relating<br />
to the protection of the environment, may have upon<br />
the capital expenditures, earnings and competitive<br />
position of the registrant and its subsidiaries.” In<br />
Form K-10 the SEC requires disclosure on legislative<br />
compliance, judicial proceedings and liabilities relating<br />
to the environment.<br />
More specifically, SEC Rule S-K, Item 103 Instruction<br />
5 (Environmental Claims) requires companies to<br />
disclose proceedings involving monetary sanctions<br />
over $100 000.<br />
In addition, disclosure is required for any material<br />
estimated capital expenditure for environmental<br />
control facilities and for select legal proceedings on<br />
environmental matters. For foreign issuers in the<br />
United States, Form 20-F requires companies to<br />
“describe any environmental issues that may affect<br />
the company’s utilisation of the assets.” Compliance<br />
and Disclosure Interpretations (C&Dis) were reviewed<br />
and updated as needed and republished as of<br />
3 July 2008. The last revision was 14 August 2009.<br />
These changes have not impacted CSR reporting.<br />
In October 2009 SEC reversed the existing policy<br />
under Rule 14a-8(i)(7) that had allowed companies<br />
to exclude shareholder resolutions requesting<br />
information on the financial risks associated with<br />
environmental, human rights and other social<br />
issues facing companies. In January 2010 the SEC<br />
announced that they will provide public companies<br />
Carrots and Sticks - Promoting Transparency and Sustainability<br />
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