Wow! I was away from TMC for a couple of days and now there are multiple pages of posts since you posted your question. A number of the other posters covered the main points, but there are a couple of things I'll add.
For companies that want to follow the spirit of this regulation, they make sure to communicate that "conflict-free" does not equal "DRC-free". The goal of the legislation is to promote responsible sourcing practices in the DRC region, not to create an embargo of minerals from the region. Companies like Apple, Tesla & my employer communicate this in their Conflict Minerals policy & in their annual Form SD & Conflict Minerals Report (CMR).
The whole point of the process is to determine where the 3TG content is originating from. To do that, data is tracked at the smelter level. The
Conflict-Free Sourcing Initiative (CFSI) has created a program to audit smelters to validate that their 3TG content can be traced back to mines that are not funding the armed groups operating in the DRC. Tesla, as a CFSI member, has access to the data that the CFSI has gathered regarding the
country of origin of the 3TG content for smelters that have been audited. However, the CFSI does not publish the specific country that is the source of the minerals.
The legislation applies not only to the DRC, but also to the surrounding region. This includes all the countries that border on the DRC. There is smuggling that goes on across country borders, which is why those countries are included within the list of the "covered countries" as part of this rule. This is where South Sudan comes in to play. South Sudan is one of the "covered countries". However, South Sudan does not have any sources of 3TG content (see pages 11 & 12 of
this PDF from Claigan). As is shown on page 12, listing South Sudan as a country of origin is likely an error due to companies listing all of the covered countries as countries of origin. Companies should be not only relying on the groupings of countries provided by the CFSI for mineral sourcing, but doing additional investigation to trace back to the actual country of origin. This is an extremely difficult process. Because of how difficult it is, the Executive Team that I report to regarding my employer's conflict minerals process has decided that we will not list smelters or countries of origin in our report, despite pressure from NGOs to disclose that information, because we believe that the data quality is too poor.