Saturday, November 2, 2013

Reuters: Regulatory News: India asks IBM to pay $866 mln in outstanding tax - reports

Reuters: Regulatory News
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India asks IBM to pay $866 mln in outstanding tax - reports
Nov 2nd 2013, 09:59

MUMBAI | Sat Nov 2, 2013 5:59am EDT

MUMBAI Nov 2 (Reuters) - Indian tax authorities have asked IBM's Indian unit to pay 53.57 billion rupees ($866.20 million) in outstanding income tax on fiscal 2009 revenue, media reported on Saturday.

In an emailed statement, an IBM India spokeswoman confirmed the company had received a tax notice, but declined to comment on the amount of tax liability or the nature of the notice.

India's Income Tax office issued the company a notice for under-reporting revenue for fiscal 2009 by the Indian unit, the Business Standard newspaper said, citing a tax official.

"IBM does not agree with the tax department's claims and will aggressively defend itself through the appropriate judicial process," the IBM India spokeswoman said.

IBM has been locked in a tax dispute with authorities related to its 2009 reporting year income, media have reported previously.

Officials at India's income tax office were not available for comment on Saturday.

In its latest 10-Q filed with the U.S. Securities and Exchange Commission (SEC), IBM said it had recorded $394 million in prepaid income tax in India "at" Sept. 30, 2013. IBM said a "significant portion" of that amount was paid in order to reserve its right to appeal previous tax assessments in India, which it said it expects to win in appeal.

The tax office notice was a draft assessment order which can be challenged by IBM before the appellate authorities, the Business Standard said

The case comes as India is pursuing tax claims against several multinationals, with Royal Dutch Shell, and Vodafone Plc among several firms involved in tax disputes in the country.

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Friday, November 1, 2013

Reuters: Regulatory News: Caterpillar unit is subject of U.S. criminal probe -filing

Reuters: Regulatory News
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Caterpillar unit is subject of U.S. criminal probe -filing
Nov 1st 2013, 23:21

By Jessica Dye

Fri Nov 1, 2013 7:21pm EDT

Nov 1 (Reuters) - Federal prosecutors in California are investigating a unit of Caterpillar Inc for potential violations of environmental law and other alleged improper business practices, the company disclosed in a regulatory filing Friday.

Peoria, Illinois-based Caterpillar said in the filing that its Progress Rail Services Corp subsidiary received a grand jury subpoena on Oct. 24 from the U.S. District Court for the Central District of California. The U.S. attorney's office in that district told Progress Rail it is a target of a criminal investigation related to the subpoena, the filing said.

The subpoena requested documents and other information from Progress Rail, Caterpillar and Progress Rail subsidiary United Industries Corp in connection with allegations that Progress Rail conducted unnecessary or improper rail car inspections and that it failed to properly dispose of equipment, parts, tools and other items, the filing said.

Caterpillar said it was cooperating with authorities, according to the filing.

A spokesman for the company and the U.S. attorney's office did not immediately return a request for comment Friday evening.

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Reuters: Regulatory News: UPDATE 1-Caterpillar unit is subject of U.S. criminal probe -filing

Reuters: Regulatory News
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UPDATE 1-Caterpillar unit is subject of U.S. criminal probe -filing
Nov 1st 2013, 23:39

Fri Nov 1, 2013 7:39pm EDT

Nov 1 (Reuters) - Federal prosecutors in California are investigating a unit of Caterpillar Inc for potential violations of environmental law and other alleged improper business practices, the company disclosed in a regulatory filing Friday.

Peoria, Illinois-based Caterpillar said in the filing that its Progress Rail Services Corp subsidiary received a grand jury subpoena on Oct. 24 from the U.S. District Court for the Central District of California. The U.S. attorney's office in that district told Progress Rail it is a target of a criminal investigation related to the subpoena, the filing said.

The subpoena requested documents and other information from Progress Rail, Caterpillar and Progress Rail subsidiary United Industries Corp in connection with allegations that Progress Rail conducted unnecessary or improper rail car inspections and that it failed to properly dispose of equipment, parts, tools and other items, the filing said.

Caterpillar said in a statement that it is cooperating with the authorities on the matter and declined further comment.

The U.S. attorney's office in California did not immediately return a request for comment Friday evening.

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Reuters: Regulatory News: Embraer faces bribery inquiries from U.S. regulators

Reuters: Regulatory News
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Embraer faces bribery inquiries from U.S. regulators
Nov 2nd 2013, 01:46

Fri Nov 1, 2013 9:46pm EDT

Nov 1 (Reuters) - U.S. and Brazilian authorities are investigating whether Embraer SA bribed Dominican Republic officials in exchange for a $90 million contract to provide the country's armed forces with attack planes, the Wall Street Journal said, citing law enforcement documents and people familiar with the case.

The world's third-largest commercial plane maker has been under investigation by the U.S. Department of Justice and the Securities and Exchange Commission since 2010.

According to documents reviewed by the Journal, the U.S. regulators said they had evidence, which includes bank records and emails, to prove that Embraer officials approved a $3.4 million bribe to a Dominican official with influence over military procurement. ()

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Reuters: Regulatory News: UPDATE 1-U.S. regulator considers end to sports broadcast blackout rule

Reuters: Regulatory News
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UPDATE 1-U.S. regulator considers end to sports broadcast blackout rule
Nov 1st 2013, 22:44

Fri Nov 1, 2013 6:44pm EDT

By Alina Selyukh

WASHINGTON Nov 1 (Reuters) - The Federal Communications Commission is considering whether to eliminate a decades-old rule that prohibited broadcasting of some professional sporting events, often NFL football games, in their home markets.

The FCC said on Friday its members are reviewing a proposal to eliminate the nearly 40-year-old rule that was originally meant to ensure broadcasts of sports games did not hurt local ticket sales.

"Changes in the marketplace have raised questions about whether these rules are still in the public interest, particularly at a time when high ticket prices and the economy make it difficult for many sports fans to attend games," FCC acting Chairwoman Mignon Clyburn said in a statement.

The FCC will study whether the rules "remain justified" and could eventually take them off the books. The sports leagues, broadcasters and cable and satellite service providers could still privately negotiate blackout agreements.

It is often such private agreements, and not the commission's rules, that prompt home game blackouts, according to the FCC.

The rules also are unrelated to some high-profile longer-lasting blackouts that are prompted by disagreements over the fees that TV operators pay programmers to carry their channels, such as the one this summer between CBS and Time Warner Cable.

The sports blackout rules have faced mounting criticism in recent years for being outdated. A group called the Sports Fans Coalition, which received backing from Verizon and Time Warner Cable, petitioned the FCC in 2011 to end the rules and received support from several consumer interest groups.

However, broadcasters have been an influential opponent of elimination of the FCC rules, and criticized Friday's announcement.

They point out that the rule prevents cable and satellite providers from offering games that may be blacked out in local markets and that without such a rule, the games would be available only to cable and satellite TV customers and not those relying on free TV.

"Sports blackouts are exceedingly rare, and NAB dislikes these disruptions as much as our viewers," the National Association of Broadcasters spokesman Dennis Wharton said in a statement on Friday.

"However, we're concerned that today's proposal may hasten the migration of sports to pay-TV platforms, and will disadvantage the growing number of people who rely on free, over-the-air television," and could undermine the economic health of local broadcasters.

Clyburn said she circulated her proposal to the other FCC commissioners on Friday, her last day as acting chief of the agency. Tom Wheeler, a telecom industry veteran and former cable and wireless top lobbyist, is expected to take over the FCC on Monday after the Senate confirmed him this week.

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Reuters: Regulatory News: U.S. aligns beef rules with global mad cow standards

Reuters: Regulatory News
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U.S. aligns beef rules with global mad cow standards
Nov 1st 2013, 23:45

WASHINGTON | Fri Nov 1, 2013 7:45pm EDT

WASHINGTON Nov 1 (Reuters) - The United States on Friday issued new import rules for cattle and beef that will comply with international standards for the prevention of mad cow disease, saying the step could ultimately boost U.S. beef exports.

The European Union said the U.S. move would bring a welcome re-opening of a market closed to its beef since January 1998.

Lawmakers and industry groups also welcomed the news, saying it would help the United States regain access to markets that have been closed for decades.

World trade in beef was jolted in the 1980s by the discovery of mad cow disease, a fatal brain-wasting disease in cattle, formally known as bovine spongiform encephalopathy. Many nations restricted imports, some of which remain in place, out of fear of a human version of the illness.

"Making these changes will further demonstrate to our trading partners our commitment to international standards and sound science, and we are hopeful it will help open new markets and remove remaining restrictions on U.S. products," said USDA chief veterinarian John Clifford.

As an example of the new revisions, the U.S. Department of Agriculture said boneless beef could be imported because research has shown the meat poses a negligible risk of mad cow disease. Until now, imports were restricted from most nations that had reported a case of the disease.

The USDA said the new revisions, which will be published in coming days and take effect 90 days afterward, would not weaken U.S. safeguards.

"This effort is crucial to breaking down other countries' unfounded trade barriers, and re-opening trade markets that are closed to U.S. beef," said Debbie Stabenow, chairwoman of the Senate Agriculture Committee.

Stabenow said Mexico employed a non-scientific limit on U.S. cattle exports by refusing to allow entry of animals over 30 months of age. She said U.S. producers lose an estimated $100 million a year because of the limit.

The National Cattlemen's Beef Association said the new rules were "great news for the U.S. cattle industry and integral to our efforts to further expand international trade."

In a fact sheet, USDA said the changes "could convince other countries to remove any remaining restrictions on U.S. cattle and cattle products." The rules bring USDA in line with the guidelines of the World Organization for Animal Health, known by its French acronym of OIE.

On May 29, the OIE gave the United States its safest classification for mad cow, negligible risk.

U.S. officials have struggled for more than a decade to open markets that were restricted following discovery of the first U.S. case of the disease.

The United States is among the world's largest importer and exporter of beef. Roughly 10 percent of U.S. beef is exported, while imports make up nearly 10 percent of the U.S. supply. Imports tend to be ground beef and lower-cost cuts of beef while the exports are high-value cuts.

Still, a small ranchers' group, R-CALF, said USDA said it doubted the safety of beef from Europe and called for retention of a country-of-origin meat-labeling law currently under attack in Congress.

The United States uses three interlocking safeguards against mad cow. Feed for cattle and other ruminants can not contain "rendered" parts of ruminants. USDA runs a surveillance and testing program for mad cow. And meatpackers are required to remove from carcasses brains, spinal cords, nervous tissue and other materials that could be infected.

Mad cow, with an incubation period of years, is primarily a disease of older cattle.

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Reuters: Regulatory News: UPDATE 1-U.S. Navy says notice of possible F/A-18 orders posted in error

Reuters: Regulatory News
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UPDATE 1-U.S. Navy says notice of possible F/A-18 orders posted in error
Nov 2nd 2013, 02:35

Fri Nov 1, 2013 10:35pm EDT

By Andrea Shalal-Esa

WASHINGTON Nov 1 (Reuters) - The U.S. Navy erroneously posted a notice about a possible order of up to 36 more Boeing Co F/A-18 fighter jets or EA-18G electronic attack planes due to "pre-decisional and internal budget discussions," a top Navy admiral said Friday.

Vice Admiral David Dunaway, commander of Naval Air Systems Command, issued a statement after the Navy canceled the notice. It had sparked confusion since the Navy's current plans call for it to switch to the radar-evading F-35 built by Lockheed Martin Corp in coming years and do not foresee further F/A-18 purchases after fiscal 2014.

"The posting was the result of pre-decisional and internal budget discussions and was posted erroneously," Dunaway said of the incident, which triggered fresh questions about the Navy's tepid commitment to the $392 billion program - the Pentagon's largest weapons program..

"We took immediate actions and retracted the solicitation," said the admiral, who oversees the Navy's aviation programs. He did not address the Navy's position on the F-35 program.

The incident caught officials at the Pentagon's F-35 program office and elsewhere in the U.S. military by surprise, since there are no plans to buy more F/A-18s in fiscal 2015 and production of the planes is slated to end in 2016.

However, Boeing and its supporters in Congress have sought to continue selling the Navy more of the company's F/A-18E/F Super Hornets and EA-18G Growlers as a hedge in case the carrier variant of the F-35 fighter jet runs into further delays or technical challenges.

The C-model of the jet is the furthest behind in development of all three models being built by Lockheed.

The Navy posted the pre-solicitation notice on a federal procurement website on Oct. 17, but it first became public this week after an article published by Flightglobal.com.

Navy officials initially said the notice was meant to ensure that a "proper acquisition process" was in place if more U.S. or foreign orders emerged, but they said they had no plans to buy more Super Hornets or EA-18G Growlers in fiscal 2015.

Officials ultimately decided to rescind the notice since there is no U.S. or foreign military sales requirement for the Boeing jets in fiscal 2015, said one Navy official familiar with the internal discussions.

"There is no program of record and no budget for the procurement of additional aircraft," said the official. "The original notice was posted in error."

POSSIBLE DELAYS

Several U.S. defense officials called the incident "embarrassing". One said notices posted on the federal procurement website were generally vetted by four or more individuals before being posted.

The incident is particularly troubling to the U.S. Marine Corps, which is concerned that the Navy could undermine the F-35 program. The Marines, which have an urgent need to replace their current aging fleet, plan to start using the new F-35 B-models, which can land like a helicopter, from mid-2015, followed by the Air Force a year later.

The Navy will be the last U.S. military service to start using the carrier variant of the F-35, the C-model, in 2019.

However, those dates could be delayed if Congress does not rescind sequestration and a further 10 percent cut in funding is implemented in fiscal 2015. The Navy's plan for meeting that target calls for a two-year pause in F-35C orders, according to multiple sources familiar with the proposal.

One industry source said the Navy's decision to cancel the notice reflected the determination of senior Pentagon officials to "protect the F-35 at all cost out of fear of international partners walking away from their commitments".

The source, who was not authorized to speak publicly, said the Pentagon was "destroying the industrial base by not allowing for fair competition within the market".

Lockheed is developing three models of the new warplane for the U.S. military and eight partner countries: Britain, Canada, Turkey, Italy, Norway, Australia, Denmark and the Netherlands. Israel and Japan have also placed orders.

Unlike the other military services, the Navy's fleet of fighter jets is relatively young, bolstered by repeated increases in F/A-18 and EA-18G procurement in recent years, including 44 added to the Navy budget by U.S. since 2007.

Pentagon and F-35 program officials have warned that any moves by the Navy to postpone its purchases of F-35s would drive up the cost of the remaining planes to be bought by the Air Force, Marine Corps and U.S. allies.

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