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Our goals, targets and ambitions related to sustainability and emissions reduction, and our public statements and disclosures
regarding them, expose us to numerous risks
We have developed, and will continue to develop and set, goals, targets, ambitions and other objectives related to sustainability matters,
including our net-zero emission targets both for ourselves and our supply chain. Some of these are based on our internal scenario
analysis, which may not prove to be accurate and carries inherent uncertainties. Statements related to these goals, targets, ambitions
and objectives reflect our current plans and do not constitute a guarantee that they will be achieved. Our efforts to research, establish,
accomplish, and accurately report on these goals, targets, and objectives expose us to numerous operational, reputational, financial,
legal, and other risks. Additionally, greenhouse gas emissions, particular emissions that come from individuals and entities up and down
the value chain (otherwise known as Scope 3 emissions), are very difficult to estimate and our estimates may be materially different than
actual emissions. The manner in which we estimate and disclose Scope 3 emissions may differ from other companies, and currently, we
do not include downstream Scope 3 emissions in our targets and ambitions. If future governmental regulations require us to modify the
basis of our Scope 3 emissions disclosure, our historically disclosed Scope 3 emissions may change materially. Our ability to achieve
any stated goal, target, ambition or objective, including with respect to emissions reduction, is subject to numerous factors and conditions,
some of which are outside of our control. For example, we have announced that we are collaborating with Polestar to develop a climate
neural car. Such an endeavor requires the innovation and collaboration with a number of partners and is subject to certain inherent risks,
including the timetable in which it is achieved. We may also have to purchase carbon offsets in order to meet our targets and objectives,
which may not be available or may no longer be considered acceptable to use to meet such targets.
Our business may face increased scrutiny from investors and other stakeholders related to our sustainability activities, including the goals,
targets, and objectives that we announce, and our methodologies and timelines for pursuing them. If our sustainability practices do not
meet investor or other stakeholder expectations and standards, which continue to evolve, our reputation, our ability to attract or retain
employees, and our attractiveness as an investment or business partner could be negatively affected. Similarly, our failure or perceived
failure to pursue or fulfill our sustainability-focused goals, targets, ambitions and objectives, to comply with ethical, environmental, or other
standards, regulations, or expectations, or to satisfy various reporting standards with respect to these matters, within the timelines we
announce, or at all, could adversely affect our business or reputation, as well as expose us to government enforcement actions and
private litigation.
RISKS RELATED TO INTERNATIONAL OPERATIONS
Our business is exposed to risks inherent in international operations
We currently conduct operations in various countries and jurisdictions, including locating certain of our manufacturing and distribution
facilities internationally, which subjects us to the legal, political, regulatory and social requirements and economic conditions in these
jurisdictions. Some of these countries are considered growth markets and emerging markets. International sales and operations,
especially in growth markets, subject us to certain risks inherent in doing business abroad, including: exposure to local economic
conditions; unexpected changes in laws, regulations, trade, or monetary or fiscal policy, including interest rates, foreign currency
exchange rates, and changes in inflation rates; foreign tax consequences; inability to collect, or delays in collecting, value-added taxes
and/or other receivables associated with remittances and other payments by subsidiaries; exposure to local political turmoil and
challenging labor conditions; changes in general economic and political conditions in countries where we operate, particularly in emerging
markets; expropriation and nationalization; enforcing legal agreements or collecting receivables through foreign legal systems; wage
inflation; currency controls, including lack of liquidity in foreign currency due to governmental restrictions, trade protection policies and
currency controls, which may create difficulty in repatriating profits or making other remittances; compliance with the requirements of an
increasing body of applicable anti-bribery laws; reduced intellectual property protection in various markets; investment restrictions or
requirements; and the imposition of product tariffs and the burden of complying with a wide variety of international and U.S. export laws.
The Company is subject to taxation in the U.S. and numerous foreign jurisdictions. The Organization for Economic Co-operation and
Development (“OECD”) continues its base erosion and profit shifting (“BEPS”) project begun in 2015 with new proposals for a global
minimum tax, further development of a coordinated set of rules for taxation and the allocation of taxing rights between jurisdictions. These
proposals, if adopted by countries in which we operate, could result in changes to tax policies, including transfer pricing policies, that
could ultimately impact our tax liabilities. On December 12, 2022, the European Union member states agreed to implement the OECD’s
Pillar 2 global corporate minimum tax at a rate of 15% on companies with revenues of at least $790 million, which would go into effect in
2024. Similarly, the United States passed the Inflation Reduction Act of 2022, which also imposes, among other things, a 15% corporate
minimum tax for taxable years beginning after December 31, 2022, on certain U.S. based companies that have average revenues over
a three-year period of at least $1 billion.
Other countries including the United Kingdom, Switzerland, Canada, Australia and South Korea
are also actively considering changes to their tax laws to adopt certain parts of the OECD’s proposals. The timing or impact of these
proposals and recommendations is unclear at this point.
Changes in tax laws or policies by the U.S. or foreign jurisdictions could result in a higher effective tax rate on our worldwide earnings,
and any such change could have a material adverse effect on our business prospects, cash flows, operating results and financial
condition. Our international operations also depend upon favorable trade relations between the countries where we manufacture and sell
products and those foreign countries in which our customers and suppliers have operations. Changes in national policy, other
governmental action related to tariffs or international trade agreements, changes in social, political regulatory, and economic conditions
or in laws and policies governing foreign trade, manufacturing, development and investment in the territories and countries where the
Company currently manufactures and sells products, and any resulting negative sentiments towards the Company as a result of such
changes could depress economic activity and restrict our access to suppliers or customers and have a material adverse effect on our
cash flows, operating results and financial condition. Increasing our manufacturing footprint in the growth markets and our business
relationships with automotive manufacturers in these markets are particularly important elements of our strategy. As a result, our exposure
to the risks described above may be greater in the future, and our exposure to risks associated with developing countries, such as the
risk of political upheaval and reliability of local infrastructure, may increase.