EX-1.01 2 gtes-exhibit101may2023.htm EX-1.01 Document

Exhibit 1.01
Gates Industrial Corporation plc
Conflict Minerals Report
For the Reporting Period from January 1, 2022 to December 31, 2022
This Conflict Minerals Report (this “Report”) contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), that reflect management’s current views with respect to future events, including evaluation of the due diligence process and risk mitigation steps. Such forward-looking statements are subject to various risks and uncertainties. Accordingly, there can be no assurance these future events will occur as anticipated. Investors are urged to consider carefully the disclosure in our filings with the Securities and Exchange Commission (the “SEC”), which are accessible on the SEC’s website at www.sec.gov.
This Report is presented by Gates Industrial Corporation plc (collectively with its consolidated subsidiaries, the “Company”) to comply with Rule 13p-1 under the Exchange Act (the “Rule”) for the reporting period January 1, 2022 to December 31, 2022 (the “Reporting Period”).
The SEC adopted the Rule to implement reporting and disclosure requirements related to conflict minerals as directed by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The Rule imposes certain obligations on SEC registrants whose manufactured products contain conflict minerals that are necessary to the functionality or production of their products. Conflict Minerals are defined as cassiterite, columbite-tantalite (coltan), gold, wolframite, or their derivatives, which are limited to tin, tantalum, and tungsten (collectively, “3TG”).
The design of the Company’s due diligence and related results are described below. A copy of this Report for the Reporting Period is publicly available on the Company’s website at https://www.gates.com/us/en/about-us/policies. The contents of the Company’s website referred to in this Report are not incorporated by reference into this Report.
I. Company Overview
The Company manufactures a wide range of power transmission and fluid power products and components for a large variety of industrial and automotive applications, both in the aftermarket and first-fit channels, throughout the world. The Company’s power transmission products include synchronous belts, asynchronous belts (V-belt, CVT belt or Micro-V® belt) and related components (sprockets, pulleys, water pumps, tensioners or other accessories). The Company’s fluid power products include hoses, tubing and fittings.
The Company has adopted a Conflict Minerals Policy that governs the supply of 3TG in its supply chain. The Gates Industrial Corporation plc Conflict Minerals Policy is publicly available on the Company’s website at https://www.gates.com/us/en/about-us/policies.
II. Reasonable Country of Origin Inquiry and Due Diligence Process
A. Design Framework
For the Reporting Period, the Company conducted a good faith, reasonable country of origin inquiry (“RCOI”) of the 3TG minerals that are necessary to the functionality or production of the products that the Company manufactured or contracted with others to manufacture during the Reporting Period. This good faith RCOI was reasonably designed to determine whether any 3TG found in the Company’s products originated in the Democratic Republic of the Congo, or an adjoining country, as defined in Form SD (collectively, the “Covered Countries”), and whether any 3TG may be from recycled or scrap sources, in accordance with the Rule and related guidance provided by the SEC.
The Company’s due diligence measures are based on the Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, and related supplements, published by the Organization for Economic Cooperation and Development (“OECD”). The Company is a downstream company in the supply chain, and its due diligence practices were tailored accordingly. Pursuant to the OECD guidance, the Company undertook to: (a) establish company management systems; (b) identify and assess risks in the supply chain; (c) design and implement a strategy to respond to identified risks; (d) carry out independent audit and due diligence practices; and (e) report on the results of the Company’s supply chain due diligence.



B. Reasonable Country of Origin Inquiry
The Company’s global supply chain is complex. The Company has a substantial number of suppliers from which it purchases raw materials, components, and products. Our supply chain is multi-tiered and the Company is many levels removed from the mines, smelters, and refiners. The Company does not make purchases of 3TG directly from mines, smelters, or refiners. As a result, the Company necessarily relies upon its direct suppliers to provide information on the origin of the 3TG contained in products, components, and materials supplied to the Company, including sources of 3TG that are supplied to the direct suppliers from lower tier suppliers. The Company works with its direct suppliers to identify, where possible, the smelters and/or refiners and countries of origin of the 3TG.
During the Reporting Period, the Company continued to identify direct suppliers it believed could potentially provide materials, components or products containing 3TG (the “Relevant Suppliers”) to the Company. The Relevant Suppliers were surveyed as to whether the materials, components, or products supplied to the Company contained any 3TG minerals. Relevant Suppliers responding in the affirmative were then asked to use the Responsible Minerals Initiative (RMI) Smelter and Refiner List to identify their 3TG smelters and refiners and associated countries of origin. For the Reporting Period, the Company obtained representations from approximately 45% of the Relevant Suppliers.
This process revealed the presence of tin and tungsten in a limited number of the Company’s products, resulting from 3TG-containing materials, components, or products provided by a small number of the Relevant Suppliers. See Annex A to this Report for a summary of smelters in the RMI Smelter and Refiner List identified by Relevant Suppliers and included in the Company’s Conflict Minerals Reporting Template (CMRT). Verified smelters are those listed by the RMI or the U.S. Department of Commerce as known metal processors. Despite its due diligence efforts, the Company does not have sufficient information with respect to the Reporting Period to determine the country of origin of all of the 3TG that may be contained in its products. The Company notes that, upon information and belief, some smelters identified in Annex A source 3TG from the Covered Countries. Nevertheless, most smelters identified by the Company’s suppliers were found in RMI’s list of verified smelters and the Company has no reason to believe or evidence to suggest that any of the 3TG contained in its products finances armed conflict in the DRC region.
C. Due Diligence Measures
The Company has undertaken the following due diligence measures:
a) Establishment of company management systems
The Company has taken steps to develop a strong company management system pertaining to the use of 3TG in its products and supply chain. These steps include:
Establishment of a Conflict Minerals Policy (publicly available at: https://www.gates.com/us/en/about-us/policies);
Maintenance of an internal, cross-functional team to support supply chain due diligence; and
Implementation of internal processes for surveying Relevant Suppliers (including follow-up procedures), managing supplier responses, identifying smelters/refiners in the supply chain, and assembling the Company’s own CMRT for its customers.
b) Identification and Assessment of Risks in the Supply Chain
As a downstream user of products, components, and materials containing 3TG, the Company is multiple levels removed from the mines from which such 3TG originated, and the smelters and refiners who processed those minerals. The Company continued to assess its supply chain risks and worked with its suppliers to develop greater supply chain transparency. As discussed above, the Company solicited Relevant Suppliers using due diligence tools such as a supplier survey and the RMI’s Conformant Smelter and Refiner List. Additional due diligence steps utilized to help identify and assess risks in the supply chain include:
Conducting an informed internal analysis with a cross-functional team regarding the types of products, components, and materials supplied to the Company, in order to identify the Relevant Suppliers that may supply products, components, and materials containing 3TG to the Company;
Implementing internal measures to strengthen Company engagement with Relevant Suppliers; and
Implementing follow-up procedures and additional solicitation requests for suppliers that did not respond or that failed to provide sufficient information.



The Company verified the information provided by Relevant Suppliers (to the extent reasonably possible) by comparing it to information contained on the RMI website and in RMI’s CMRT forms.
c) Design and Implementation of a Strategy to Respond to Identified Risks
To respond to identified risks, the Company has developed due diligence procedures and a Conflict Minerals Policy, as referenced herein. The Company also requires its suppliers to perform due diligence into their respective supply chains to determine whether products sold to the Company contain 3TG, and whether such minerals are sourced from conflict-free smelters and refiners. This requirement is set forth in, among other things, the Gates Supplier Code of Conduct. The Company also uses a cross-functional team to conduct its due diligence process, which includes occasional reporting of the progress and reporting of any concerns to senior management in the global sourcing division.
The Company intends to continue to evaluate its due diligence program in accordance with the provisions of the Rule. This includes annual solicitation of suppliers and periodic review of the criteria used to select suppliers for solicitation. The Company will continue to engage with its suppliers to identify the 3TG used within its supply chain, as well as the origin and chain of custody of the 3TG, and will continue to work to increase the response rate for the RCOI process and the Company’s visibility into the relevant country of origin information. To the extent any supplier is found to be using non-conformant smelters or refiners within its supply chain, the Company intends to engage with that supplier and re-communicate our requirement for suppliers to commit to be conflict-free.
d) Carrying Out of Independent Audit and Due Diligence Practices
Where possible, the Company has relied on third-party assurances and certifications. For example, the Company accepted as reliable any smelter that is part of RMI’s verified smelter list. To the extent other audited supplier certifications are provided to the Company, the Company would consider reliance on a case-by-case basis.
e) Reporting of the Results of the Company’s Supply Chain Due Diligence
The Company publicly communicates its Conflict Minerals Policy, its CMRT, and this Conflict Minerals Report on its website.
D. Future Risk Mitigation Efforts
The Company intends to continue to evaluate its due diligence program in accordance with the provisions of the Rule. This includes conducting additional inquiries to improve transparency, following-up on incomplete responses or no responses from the Company’s supply chain, and evaluating and managing any related risks. The Company is also a member of the RMI, providing it with greater access to relevant RCOI and smelter information.



Annex A
MetalSmelter NameRMI Smelter ID
TungstenHydrometallurg, JSCCID002649
TungstenUnecha Refractory metals plantCID002724
TungstenMoliren Ltd.CID002845
TungstenJSC "Kirovgrad Hard Alloys Plant"CID003408
TungstenNPP Tyazhmetprom LLCCID003416
TungstenOOO “Technolom” 2CID003612
TungstenOOO “Technolom” 1CID003614
TungstenA.L.M.T. Corp.CID000004
TungstenKennametal HuntsvilleCID000105
TungstenGuangdong Xianglu Tungsten Co., Ltd.CID000218
TungstenChongyi Zhangyuan Tungsten Co., Ltd.CID000258
TungstenGlobal Tungsten & Powders Corp.CID000568
TungstenHunan Chenzhou Mining Co., Ltd.CID000766
TungstenHunan Chunchang Nonferrous Metals Co., Ltd.CID000769
TungstenJapan New Metals Co., Ltd.CID000825
TungstenGanzhou Huaxing Tungsten Products Co., Ltd.CID000875
TungstenKennametal FallonCID000966
TungstenWolfram Bergbau und Hutten AGCID002044
TungstenXiamen Tungsten Co., Ltd.CID002082
TungstenGanzhou Jiangwu Ferrotungsten Co., Ltd.CID002315
TungstenJiangxi Yaosheng Tungsten Co., Ltd.CID002316
TungstenJiangxi Xinsheng Tungsten Industry Co., Ltd.CID002317
TungstenJiangxi Tonggu Non-ferrous Metallurgical & Chemical Co., Ltd.CID002318
TungstenMalipo Haiyu Tungsten Co., Ltd.CID002319
TungstenXiamen Tungsten (H.C.) Co., Ltd.CID002320
TungstenJiangxi Gan Bei Tungsten Co., Ltd.CID002321
TungstenGanzhou Seadragon W & Mo Co., Ltd.CID002494
TungstenAsia Tungsten Products Vietnam Ltd.CID002502
TungstenChenzhou Diamond Tungsten Products Co., Ltd.CID002513
TungstenH.C. Starck Tungsten GmbHCID002541
TungstenTANIOBIS Smelting GmbH & Co. KGCID002542
TungstenMasan High-Tech MaterialsCID002543
TungstenJiangwu H.C. Starck Tungsten Products Co., Ltd.CID002551
TungstenNiagara Refining LLCCID002589
TungstenGanzhou Haichuang Tungsten Co., Ltd.CID002645
TungstenHydrometallurg, JSCCID002649
TungstenPhilippine Chuangxin Industrial Co., Inc.CID002827
TungstenXinfeng Huarui Tungsten & Molybdenum New Material Co., Ltd.CID002830
TungstenACL Metais EireliCID002833
TungstenKGETS Co., Ltd.CID003388
TungstenFujian Ganmin RareMetal Co., Ltd.CID003401
TungstenLianyou Metals Co., Ltd.CID003407
TungstenAlbasteel Industria e Comercio de Ligas Para Fundicao Ltd.CID003427
TungstenChina Molybdenum Tungsten Co., Ltd.CID002641
TungstenCNMC (Guangxi) PGMA Co., Ltd.CID000281



TungstenJiangxi Minmetals Gao'an Non-ferrous Metals Co., Ltd.CID002313
TinEM VintoCID000438
TinChenzhou Yunxiang Mining and Metallurgy Co., Ltd.CID000228
TinDowaCID000402
TinAlphaCID000292
TinPT Aries Kencana SejahteraCID000309
TinFenix MetalsCID000468
TinPT Panca Mega PersadaCID001457
TinMalaysia Smelting Corporation (MSC)CID001105
TinMineracao Taboca S.A.CID001173
TinMinsurCID001182
TinPT Belitung Industri SejahteraCID001421
TinPT Mitra Stania PrimaCID001453
TinPT Timah Tbk KundurCID001477
TinPT Tinindo Inter NusaCID001490
TinPT Refined Bangka TinCID001460
TinRui Da HungCID001539
TinPT Stanindo Inti PerkasaCID001468
TinThaisarcoCID001898
TinPT Tommy UtamaCID001493
TinPT Timah Tbk MentokCID001482
TinWhite Solder Metalurgia e Mineracao Ltda.CID002036
TinEstanho de Rondonia S.A.CID000448
TinGejiu Non-Ferrous Metal Processing Co., Ltd.CID000538
TinCV Venus Inti PerkasaCID002455
TinPT ATD Makmur Mandiri JayaCID002503
TinGejiu Zili Mining And Metallurgy Co., Ltd.CID000555
TinChina Tin Group Co., Ltd.CID001070
TinMetallic Resources, Inc.CID001142
TinMitsubishi Materials CorporationCID001191
TinJiangxi New Nanshan Technology Ltd.CID001231
TinO.M. Manufacturing (Thailand) Co., Ltd.CID001314
TinOperaciones Metalurgicas S.A.CID001337
TinMetallo Belgium N.V.CID002773
TinPT Artha Cipta LanggengCID001399
TinPT Babel Inti PerkasaCID001402
TinPT Babel Surya Alam LestariCID001406
TinPT Bukit TimahCID001428
TinPT Menara Cipta MuliaCID002835
TinPT Prima Timah UtamaCID001458
TinPT Tinindo Inter NusaCID001490
TinSoft Metais Ltda.CID001758
TinGejiu Yunxin Nonferrous Electrolysis Co., Ltd.CID001908
TinYunnan Chengfeng Non-ferrous Metals Co., Ltd.CID002158
TinMagnu's Minerais Metais e Ligas Ltda.CID002468
TinMelt Metais e Ligas S.A.CID002500
TinO.M. Manufacturing Philippines, Inc.CID002517
TinResind Industria e Comercio Ltda.CID002706



TinMetallo Spain S.L.U.CID002774
TinThai Nguyen Mining and Metallurgy Co., Ltd.CID002834
TinHuiChang Hill Tin Industry Co., Ltd.CID002844
TinGuangdong Hanhe Non-Ferrous Metal Co., Ltd.CID003116
TinChifeng Dajingzi Tin Industry Co., Ltd.CID003190
TinPT Bangka SerumpunCID003205
TinTin Technology & RefiningCID003325
TinMa'anshan Weitai Tin Co., Ltd.CID003379
TinPT Rajawali Rimba PerkasaCID003381
TinLuna Smelter, Ltd.CID003387
TinYunnan Yunfan Non-ferrous Metals Co., Ltd.CID003397
TinPrecious Minerals and Smelting LimitedCID003409
TinNovosibirsk Processing Plant Ltd.CID001305
TinPT Sariwiguna BinasentosaCID001463
TinPT Timah NusantaraCID001486
TinVQB Mineral and Trading Group JSCCID002015
TinElectro-Mechanical Facility of the Cao Bang Minerals & Metallurgy Joint Stock CompanyCID002572
TinNghe Tinh Non-Ferrous Metals Joint Stock CompanyCID002573
TinTuyen Quang Non-Ferrous Metals Joint Stock CompanyCID002574
TinAn Vinh Joint Stock Mineral Processing CompanyCID002703
TinSuper LigasCID002756
TinModeltech Sdn BhdCID002858
TinPongpipat Company LimitedCID003208
TinDongguan CiEXPO Environmental Engineering Co., Ltd.CID003356
TinPT Mitra Sukses GlobalindoCID003449
TinCRM SynergiesCID003524
TinNovosibirsk Processing Plant Ltd.CID001305