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This guidance indicated that, pending further action by SEC or a court, companies required to file a conflict minerals report would not have to identify their products as DRC conflict undeterminable, not been found to be DRC conflict free, or DRC conflict free.[36] The guidance also indicated that companies are not required to obtain an independent private sector audit unless they choose to describe their products as DRC conflict free in a conflict minerals report.[37] In April 2017, after the final judgment in the case, the staff of SECs Division of Corporation Finance issued revised guidance.[38] This guidance indicates that, because of uncertainty about how SEC commissioners would resolve issues related to the court ruling, the division would not recommend enforcement action to the commission if companies filed disclosure only for certain items specified under the rule and did not include a description of due diligence.[39] However, as we previously reported, SEC staff told us that the 2017 staff guidance is not binding on the commission, which can initiate enforcement action if companies do not report on due diligence in accordance with the rule.[40] The SEC Chair released a statement in 2018 confirming that SEC staff statements are nonbinding and do not create enforceable legal rights or obligations of the commission

His counterpart, Bill Buckner , was standing off the line at first base, anticipating what the spray of the champagne would feel like