4.61.2 Foreign Based Books and Records18.104.22.168 Information reporting and Record Keeping22.214.171.124 Procedures for Obtaining Books and Records Located Outside the UnitedStates126.96.36.199 Procedures for Obtaining Records from a Foreign Person Pursuantto IRC section 6038A188.8.131.52 Noncompliance Problems and Resolutions184.108.40.206 Formal Document Request220.127.116.11 Presummons Letter18.104.22.168 IRC section 6038A Summons22.214.171.124 Penalty ProvisionsExhibit 4.61.2-1 Obtaining Information, Books, and Records of U.S. and Foreign EntitiesExhibit 4.61.2-2 Overview of Information Reporting and Record Keeping RequirementsExhibit 4.61.2-3 Principal Forms and Return RequirementsExhibit 4.61.2-4 Principal Securities and Exchange Commission ReportsExhibit 4.61.2-5 Principal U.S. Customs FormsExhibit 4.61.2-6 General Sources of Information PrintExhibit 4.61.2-7 Internet Access Information Part 4. Examining ProcessChapter 61. International Program Audit GuidelinesSection 2. Foreign Based Books and Records 4.61.2 Foreign Based Books and Records 126.96.36.199 (05-01-2006) Information reporting and Record Keeping Taxpayers maintaining books and records outside the United States must substantiate transactions as if such records were maintained within the United States. Refer to: Exhibit 2–1 — Obtaining Information, Books, and Records of U.S. and Foreign Entities Exhibit 2–2 — Overview of Information Reporting and Record Keeping Requirements IRM 4.60 - International Procedures — International Requests for Information IRM 4.10.1 - Examination of returns - Chapter overview and basic examiner responsibilities. 188.8.131.52 (05-01-2006) Procedures for Obtaining Books and Records Located Outside the United States Request the taxpayer having possession, custody, or control of records located outside the United States to make them available for examination in the United States. A summons can only be enforced against the person having possession, custody, or control of the records. All requests must be in writing. Form 4564 (Information Document Request) should be used. The taxpayer is generally given 60 days to furnish requested books and records. There is a 30-day limit for purposes of IRC section 6662(e). If the taxpayer is unable or unwilling to furnish records, the examination could occur at the foreign site. The provisions related to on-site examinations are found in IRM 4.60, International Procedures. 184.108.40.206 (05-01-2006) Procedures for Obtaining Records from a Foreign Person Pursuant to IRC section 6038A Certain foreign-owned U.S. corporations and foreign corporations engaged in trade or business within the United States may be required to maintain records sufficient to establish the correctness of their federal income tax returns, including the correct treatment of transactions with related parties. IRC section 6038A, IRC section 6038C, Reg. 1.6038A–3(a). Such records are generally required to be maintained within the United States, regardless of whether the records are prepared or maintained by a foreign related party. Reg. 1.6038A–3(f)(1). See generally IRM 4.10.1 Reg. 1.6038A–3(f) permits a reporting corporation to maintain records outside the United States provided that the corporation either delivers any requested documents to the IRS within 60 days of the request and provides a translation of any such documents within 30 days of receiving a request for translations of specific documents, or moves any requested documents to the United States within 60 days of the request and provides the IRS with an index of the records and the name and address of their U.S. custodian. The Service may request that certain parties related to a domestic reporting corporation authorize such corporation to act as their agent for purposes of an IRS examination of books and records, or for the service and enforcement of a summons with respect to any transaction that it has with the reporting corporation. IRC section 6038A(e)(1), Reg. 1.6038A–5. If the related party does not authorize the reporting corporation to act as its agent or does not substantially comply with the summons, for records or testimony, a noncompliance penalty may apply. A reporting corporation authorized to act as an agent may file a petition to quash any summons or subpoena, or to review an IRS determination of noncompliance under IRC section 6038A(e)(4)(A). IRM 20.1.9 contains specific procedures for IRC section 6038A cases. The Taxpayer Relief Act of 1997 amended IRC section 6501(c)(8) and strengthened the information reporting requirements relating to foreign entities by suspending the running for the statute of limitations until the information is reported. Specifically, the time for assessment of tax "with respect to any event or period to which such information relates" will continue until the date that is three years after the date on which required information is furnished to the Government. This rule applies to IRC sections 6038, 6038A, 6038B, 6046, 6046A and 6048. The provision is effective for information reporting that is due after August 5, 1997. 220.127.116.11 (05-01-2006) Noncompliance Problems and Resolutions The procedures used by IEs to secure information should be uniform. These include: Using an Information Document Request (IDR) Form 4564 in every case Setting an initial time limit to produce documentation Keeping a detailed history of compliance or noncompliance If the taxpayer refuses to produce foreign-based records and will not authorize a foreign site examination, secure written explanation for noncompliance. The following options should be considered: Issue a Formal Document Request (FDR) under IRC section 982 Issue a presummons letter Issue a summons following procedures found in IRM 25.5.5 Use the provisions of IRC section 6038A and the guidelines found in the IRM 4.60, International Procedures. 18.104.22.168 (05-01-2006) Formal Document Request Exhibit 4.61.4–1 provides guidelines for FDRs under IRC section 982. Consideration should also be given to the imposition of the negligence penalty under IRC section 6662(b). 22.214.171.124 (05-01-2006) Presummons Letter A presummons letter should be issued only when a decision has been made that a summons will probably be issued absent a satisfactory explanation for failure to produce requested documentation. The case manager, or person approving a summons, must conclude a reasonable time for producing documents has been allowed and: The responsible party has failed to produce the documents. The responsible party’s response was refusal to comply without furnishing reasons for a noncompliance. The presummons letter must: Describe books, records, or other information sought. Encourage cooperation. State that if compliance with the document request does not occur, or an adequate reason for noncompliance is not provided, the Service will consider the issuance of a summons. Note: A presummons letter to a reporting corporation (under IRC section 6038A) acting on its own behalf may be sent anytime. Normally, a presummons letter to a reporting corporation acting as agent for the foreign related party should not be sent until a treaty partner has notified the U.S. Competent Authority that it has provided all the documents it can obtain or the 180 days for timely compliance with the request made under the treaty have expired. The examiner should contact the Exchange of Information Team in the National Office to indicate the 180 days have expired. See IRM 4.60, International Procedures. 126.96.36.199 (05-01-2006) IRC section 6038A Summons If noncompliance exists after issuing document requests and a presummons letter, an IRC section 6038A summons may be issued. There should be at least nine months left under the statute of limitations to allow sufficient time for enforcement of the IRC section 6038A summons. 188.8.131.52 (05-01-2006) Penalty Provisions If the taxpayer is still noncompliant, the IE should consider penalties that might be applicable. Penalties such as those under IRC sections 6038, 6038A, and 6662 are found in IRM 20.1.5 and IRM 20.1.9. Exhibit 4.61.2-1 (05-01-2006) Obtaining Information, Books, and Records of U.S. and Foreign Entities 1. Introduction IEs must contend with differences in language, law, organizational structures, operational systems, etc. A significant obstacle is usually the lack of books and records in a central location. There are specific U.S. laws and regulations regarding bookkeeping and record keeping requirements. 2. Information Reporting and Record Keeping Requirements a. IRC section 6001 is the primary authority for record keeping requirements. • Reg. 1.6001–1(d) provides that the Director of Field Operations may require any person, by notice served upon him, to make such returns, render such statements, or keep such specific records as will enable the Director of Field Operations to determine whether or not such person is liable for tax under Subtitle A of the code. • Reg. 1.6001–1(e) provides that books and records required by IRC section 6001 must be kept in a safe and convenient place and at all times be available for inspection by authorized internal revenue officers or employees. These books and records must be retained as long as they may become material in the administration of any internal revenue law. • IRC 6001 applies to a foreign branch of a U.S. corporation or a U.S. branch of a foreign corporation. A U.S. branch of a foreign corporation is also subject to the reporting corporation requirements of IRC sections 6038A and 6038C. See Reg. 1.6038A-1(c) and 1.6038A-2(a)(2) b. IRC section 964(c) and the regulations thereunder require each person who is a U.S. shareholder of a controlled foreign corporation, or was a U.S. shareholder during the taxable year of the CFC, to maintain such records and accounts needed to carry out the provisions of Subpart F, and Subpart G. (Controlled Foreign Corporations — IRC sections 951 through 964; Export Trade Corporations - IRC sections 970 and 971). • Reg. 1.964–3 requires the U.S. shareholder to satisfy the requirements of IRC section 6001 and IRC section 964(c). The U.S. shareholder must provide the permanent books of account and, if such records are not maintained in English, the shareholder must provide (a) an accurate English translation of such books or records or (b) the services of a qualified interpreter. • Reg. 1.964-3(b) lists books and records that are sufficient to meet the recordkeeping requirements of IRC sections 6001 and 964(c). Reg. 1.964–4 provides guidelines for determining when books and records are sufficient to verify various classes of income, deductions, exclusions, etc., under Subpart F, et al. c. The Taxpayer Relief Act of 1997 expanded the application of IRC section 6038 information reporting requirements to certain controlled foreign partnerships whose annual accounting periods begin after the enactment of the Act, i.e., August 5,1997. Under the Act, a U.S. partner that controls a foreign partnership is required to file an annual information return. The Act provides that a U.S. partner controls a foreign partnership if the partner holds, directly or indirectly, a greater than 50 percent interest in the capital, profits, or to extent provided by regulations, deduction or losses of the partnership. In determining whether control exists by virtue of an indirect interest, the constructive stock ownership rules of IRC section 267(c) apply. d. IRC section 6038(a) requires every U.S. person who controls a foreign corporation (CFC), within the meaning of IRC section 6038(e)(2) and the corresponding regulations under 1.6038-2, to furnish information regarding such CFC. Reg. 1.6038–2 requires a Form 5471 be filed annually for each CFC. Note: Failure to file the Form 5471 could result in penalties imposed under IRC section 6038(b) and (c). e. IRC section 6038A requires any U.S. corporation that is 25 percent foreign owned to furnish information and maintain records regarding transactions with related parties. See generally IRM 4.10.1. • Reg. 1.6038A–2 requires a Form 5472 be filed annually with respect to each related party with which the reporting corporation has had any reportable transactions during the taxable year. • Reg. 1.6038A–3 requires the reporting corporation to keep relevant records sufficient to determine the correct tax treatment of its transactions with related parties. Note: Failure to file the Form 5472 could result in penalties imposed under IRC section 6038A(d). The 6038A(c) penalties do not concern failure to file Form 5472. f. IRC section 6038C contains provisions similar to IRC section 6038A for foreign corporations engaged in a trade or business in the United States. Note: Subject to regulations not yet promulgated, IRC section 6038C will apply to allocations of income and expense to effectively connected income and is not limited to allocations with respect to transactions with related parties, as is IRC section 6038A. Failure to comply with these provisions could result in penalties under IRC section 6038C(c) and (d). g. IRC section 6662(e) encourages taxpayers engaged in related party transactions to substantiate the price chosen and to maintain appropriate documentation. Note: Failure to use an appropriate method to set intercompany pricing may subject them to a penalty under IRC section 6662(a). In the absence of documentation, this penalty may be increased for a gross valuation misstatement under IRC section 6662(h). h. The chart at the end of this exhibit reflects some of the information gathering tools for various outbound and inbound situations. 3. Admissibility of Documents Maintained in Foreign Countries a. Under IRC section 982, a court with jurisdiction of an examined item may prohibit a taxpayer from introducing foreign based documentation in a civil proceeding provided the Service requested the documentation with a Foreign Document Request (FDR). The documentation may be used as evidence if the taxpayer substantially complies with the request or establishes reasonable cause for failure to comply. See IRM 4.10.2 b. Exhibit 4.61.4–1 provides guidelines for FDRs. 4. Ability to Obtain Books and Records a. The authority to examine the books and records required by IRC section 6001 is found in IRC section 7601 and 7602. See generally IRM 184.108.40.206. b. IRC section 7602, although powerful, is not without limitations. Examples are: • "Unnecessary examination" as imposed by IRC section 7605(b) • Constitutional limitations under the Fourth and Fifth Amendments • Questions of relevance • Reasonable time and place for examination • Ability to obtain relevant information from third parties c. An administrative summons may be issued to any person: • With possession, custody, or control of records being sought • Within the jurisdiction of a U.S. court to produce foreign records ( United States v. Vetco Inc., 644 F.2d 1324, (9th Cir.), cert. denied, 454 U.S. 1098 (1981) d. An IRS summons is enforceable by the Federal District Court of the judicial district in which the person summoned resides or may be found. See IRC section 7402(b). 5. Obtaining Evidence from Abroad — Office of Director, International (LMSB) a. The office of Director, International (LMSB) may provide assistance. See generally IRM 220.127.116.11. Their resources would include: • Information already in their files • Information obtained through exchange of information requests • Utilization of its Tax Attache's b. The IE may need to enter a foreign country to obtain information. This would be appropriate, for example, in a complicated case when extensive knowledge of the case is required to interview a witness successfully. 1. The IE must secure an invitation letter from the foreign entity (not the U.S. entity). The government in the foreign country will need to know that their (foreign) taxpayer granted permission for the visit. 2. IRM 4.62, Foreign Travel, provides procedures for general and specific procedures to be followed to obtain permission for overseas travel. See Document 10976 (8/2000) Internal Revenue Service Foreign Travel Procedures for complete instructions 6. Obtaining Evidence from Abroad — Issuance of Summons Under IRC section 7602 a. IRC section 7602 summons must be issued to a U.S. person or entity in control of records located abroad. Control may exist via interlocking boards of directors, interlocking corporate officers, or direct or indirect ownership. See IRM 18.104.22.168. b. A summons served on a person or entity in the United States for books and records abroad is subject to the same defenses and objections as any other IRC section 7602 summons. Potentially, the most difficult defense or objections may be that the records are not relevant to a tax inquiry. See IRM 22.214.171.124. c. A frequently used defense for summons (or subpoenas) issued to secure records maintained abroad is that compliance with the summons (or subpoena) may violate the law of the country where the records are located. U.S. courts are reluctant to require actions that violate the law of another country. The burden of establishing that a violation of a foreign country’s law would result from compliance with the summons is on the summoned party. Note: The penalty under IRC section 6038A(e) would apply if the requested records are not produced, even if production would violate the foreign country’s law. d. When conflict with foreign law becomes an issue, consider the following factors: • Type of investigation involved • Importance of the records being sought • Degree of cooperation otherwise given by the summoned party • Factors stated in Section 442 of the Restatement (Third) of the Foreign Relations Law of the United States relating to jurisdiction to enforce the production of documents, objects, or other information. Note: LMSB Division Counsel should be consulted. e. Under IRC section 6038A, a foreign person engaged in transactions with a related U.S. corporation may be required to provide an Authorization of Agent for IRS summons purposes (for purposes of IRC sections 7602, 7603, and 7604). This makes the reporting corporation the agent to produce documents within the possession, custody, or control of the foreign person that may be relevant to the U.S. income tax treatment of the related party transactions. A reporting corporation that is authorized by a foreign related party to act as its agent for purposes of IRC sections 7602, 7603, and 7604 is also the agent of the foreign related party for purposes of filing petitions under IRC section 6038(e)(4)(A) and the commencement of a judicial proceeding to enforce a summons under IRC section 7604. LMSB Division Counsel should be contacted. See generally IRM 126.96.36.199. 7. Obtaining Evidence from Abroad — Tax Treaties a. The United States is a party to numerous income tax and estate tax treaties and tax information exchange agreements. These treaties contain exchange of information provisions. These provisions allow tax information to be exchanged between the designated Competent Authorities in the treaty countries. The Director, International (LMSB) serves as the U.S. Competent Authority. See IRM 188.8.131.52. b. There are generally three kinds of exchanges: • Routine exchanges (such as lists of taxpayers receiving dividends from sources in the other treaty country) • Spontaneous exchanges with reference to specific cases • Exchanges made upon request with reference to specific cases c. Information exchanged on a routine basis is retained by the Philadelphia Service Center. The Exchange of Information Team within the office of Director, International (LMSB), possesses exchange of information requests relating to particular cases. d. The decision to make a specific request under the tax treaty exchange of information provision requires consideration be given to the following: • The type of information obtained can be limited. Information will not be exchanged that involves the disclosure of any trade, business, industrial, commercial or professional secret. Limitations are also placed on disclosure of information that "would be contrary to public policy." • The information normally may be used only by persons concerned with the assessment, collection, and enforcement of the taxes in question. 8. Obtaining Evidence From Abroad Judicially a. A Judicial Subpoena is one method of obtaining testimony or records from abroad. A subpoena may be issued during civil or criminal litigation, and in connection with grand jury investigations. See IRM 184.108.40.206. b. The Tax Court may subpoena books, records, and testimony from abroad only when the subpoena is issued to a petitioner (not to a third party) that is a foreign corporation, a foreign trust or estate, or a nonresident alien individual. The defenses asserted are usually the same as discussed in the issuance of a IRC section 7602 summons. c. Excepting subpoenas issued in connection with grand jury proceedings, judicial subpoenas are generally only permissible after an action has been brought. d. Letters Rogatory can be obtained only in connection with civil or criminal litigation or grand jury proceedings. These are the medium where one country, speaking through one of its courts, requests another country, acting through its courts and entirely within the latter’s control, to assist the administration of justice in the former country. See IRM 220.127.116.11. Note: The usefulness of letters rogatory depends on the country involved and type of judicial assistance requested. e. Letters Rogatory may provide the only possible means for obtaining evidence or for effecting service of process. Essentially the request is for assistance from a foreign court rather than some other governmental entity in the foreign country. 9. Discovery If a tax matter has gone to litigation, a source of testimonial and documentary information is pre-trial discovery. The type and extent of discovery permissible depends on the court involved (Tax, U.S. District) and the type of litigation (civil or criminal). See IRM 18.104.22.168. Note: Questions concerning the scope of discovery should be referred to the appropriate office within Chief Counsel. Exhibit 4.61.2-2 (05-01-2006) Overview of Information Reporting and Record Keeping Requirements There is currently no description available for this image. For help with this image, please call the IRS.gov Helpdesk at 1-800-876-1715. Please click here for the text description of the image. Footnotes: 1IRC section 6001 requires, that "Every person liable for any tax imposed by this title, or for the collection thereof, shall keep such records, render such statements, make such returns, and comply with such rules and regulations as the Secretary may from time to time prescribe." Further, Reg. 1.6001–1 provides, that any person subject to tax under Subtitle A of the Code, or any person required to file a return of information with respect to income, shall keep such permanent books of account or records, including inventories, as are sufficient to establish the amount of gross income, deductions, credits, and other matters required to be shown by such person in any return of such tax or information. Although IRC section 6001 does not provide for a specific location where the books and records must be maintained, Regs. 1.6001–1(e) and 31.6001–1 require that the books and records be kept at one or more convenient and safe locations and at all times be available for inspection by authorized internal revenue officers or employees. The books and records should be retained as long as they may become material in the administration of any internal revenue law. IRC section 7601 and 7602 provide the Secretary or delegate with broad investigative powers for the purpose of ascertaining the correctness of any return or determining the liability of any person for any internal revenue tax.2Criminal penalties under IRC sections 7203, 7206 and 7207 can apply to the situations listed above. Exhibit 4.61.2-3 (05-01-2006) Principal Forms and Return Requirements There is currently no description available for this image. For help with this image, please call the IRS.gov Helpdesk at 1-800-876-1715. Please click here for the text description of the image. There is currently no description available for this image. For help with this image, please call the IRS.gov Helpdesk at 1-800-876-1715. Please click here for the text description of the image. There is currently no description available for this image. For help with this image, please call the IRS.gov Helpdesk at 1-800-876-1715. Please click here for the text description of the image. Exhibit 4.61.2-4 (05-01-2006) Principal Securities and Exchange Commission Reports There is currently no description available for this image. For help with this image, please call the IRS.gov Helpdesk at 1-800-876-1715. Please click here for the text description of the image. Exhibit 4.61.2-5 (05-01-2006) Principal U.S. Customs Forms Reserved Exhibit 4.61.2-6 (05-01-2006) General Sources of Information — Print Library Reference Sources — The following reference sources are useful in the development of international issues. You can find the items listed at major universities and public libraries in metropolitan areas. STANDARD & POOR’S COMPUSTAT SERVICES, INC. • Consists of computerized data bases containing financial information on over 7,000 U.S. corporations • Includes annual shareholders’ reports as well as Securities and Exchange Commission 10–K reports • Allows the user to extract data but also to perform standard financial analyses incorporating the data. Economists and some IE's have access to this service. CORPORATE & INDUSTRY RESEARCH REPORTS • Microfiche collection contains over 150,000 reports generated by major securities firms dating back to 1982 • Research reports are listed three ways: 1. By the name of security firm issuing the report 2. By name of company analyzed in the report 3. By the name of the particular industry analyzed in the report ENCYCLOPEDIA OF ASSOCIATIONS • Lists over 22,000 organizations, including but not limited to trade and business associations • Published annually STANDARD & POOR’S INDUSTRY SURVEYS • Surveys address all major domestic industries • Basic analysis provides an in-depth treatment of fundamental market conditions • Current analysis highlights new market developments • Published quarterly DUN & BRADSTREET MILLION DOLLAR DIRECTORY • Basic financial information is listed on over 160,000 businesses, both public and private • Companies listed have $25 million or more in sales volume or net worth greater than $500,000 • Companies are listed alphabetically, by SIC code, and geographically by state and city • Published annually MOODY’S INDUSTRIAL MANUAL • Lists all publicly held companies filing SEC reports • Detailed information includes a description of the business, a seven-year presentation of profit and loss statements, balance sheets, and operating ratios • Published annually STANDARD & POOR’S CORPORATION RECORDS • Details the same information on publicly held companies as Moody’s • Listings include a 10-year presentation of financial information • Updates are made monthly WARD’S BUSINESS DIRECTORY • Contains listing of more than 107,000 public and private companies • Includes same information and format as Dun & Bradstreet • Published annually THOMAS REGISTER OF AMERICAN MANUFACTURERS • Provides listings of over 100,000 U.S. manufacturers, their products and services, brand names, and catalogs • Published annually STATISTICS OF INCOME: CORPORATION INCOME TAX RETURNS • Presents operating statistics based on corporate income tax returns grouped according to major and minor industrial divisions • Published annually by the Internal Revenue Service ANNUAL STATEMENTS STUDIES • Contains balance sheets, income statements, and 16 widely used ratios for 313 industries in five categories: manufacturing, wholesale, retailing, servicing, and contracting • Published annually by Robert Morris Associates DIRECTORY OF MANUFACTURERS’ SALES AGENTS • Directory lists the names and addresses of sales agents by product category • Agents are experts in a particular business area and can provide valuable information in identifying comparables • Published annually by Manufacturers’ Agents National Association THE UNITED STATES GOVERNMENT MANUAL • The official handbook of the Federal Government • Provides comprehensive information on the agencies of the legislative, judicial, and executive branches • Data includes information on quasi-official agencies, international organizations, boards, commissions, and committees • Agency description includes description of programs and activities and a "Source of Information" section. • Published annually THE FEDERAL STATISTICAL SOURCE —WHERE TO FIND AGENCY EXPERTS AND PERSONNEL • Includes over 4,000 entries for key persons responsible for the development, collection, and dissemination of federal statistics. FEDERAL YELLOW BOOK • Identifies key officials throughout the U.S. Government • Published quarterly DIRECTORY OF FOREIGN INVESTMENT IN THE U.S.: REAL ESTATE AND BUSINESS • Lists more than 1,200 real estate properties and 10,000 key companies owned by foreign investors. • Listings include: company names, company addresses, asset descriptions, names of the owners of assets, percentage of ownership (in some cases), names of sellers, and selling price. • Published annually by Gale Research, Inc. FOREIGN INVESTMENT:FEDERAL DATA COLLECTION ON FOREIGN INVESTMENT IN THE UNITED STATES • Identifies various Federal departments that maintain information about foreign investment in the United States. • Federal departments include the Departments of Commerce, Energy, and Defense. • Some of the information maintained relates to foreign entities and transactions involving foreign persons. THE RECORD AND GUIDE QUARTERLY • Lists the addresses of properties, block and lot numbers, names and addresses of buyers, names and addresses of sellers, transaction dates, consideration involved in transactions, dates of prior transactions, and consideration involved in prior transactions. • Published by Real Estate Data, Inc. of Miami, Florida. SUPERINTENDENT OF DOCUMENTS • Publishes a variety of U.S. Government information that can be obtained at Government Bookstores throughout the country. Subject Bibliographies can be ordered by calling (202) 512–1800. The U.S. Government Subscriptions catalog offers a complete listing of all these subject bibliographies. • Subject Bibliographies are available on: • Business • Economic Development • Export and Import • Foreign Country Studies • International Trade • Pacific Rim • Patents and Trademarks • Scientific Research • Securities and Investment • Many of the publications are free or available for a nominal fee. • In most cases, the information is quite up to date. REFERENCES FOR FOREIGN COMPANIES DUN & BRADSTREET PUBLICATIONS (all items published annually) • America’s Corporate Families and International Affiliates • Australia’s Top 500 Companies • Canadian Key Business Directory • Directory of the World’s Largest Service Companies • Dun’s International Review • Dun & Bradstreet’s Guide to Doing Business Around the World • Duns Europa • Exporter’s Encyclopedia • World Marketing INTERNATIONAL (General) • Bottin International Business Register • Directory of American Firms Operating in Foreign Countries • Hoover’s Handbook of World Business • International Directory of Corporate Affiliations • Kelly’s Directory of Merchants, Manufacturers, and Shippers of the World • Moody’s International Manual • Predicasts F&S Index. Europe Annual • Predicasts F&S Index. International Annual • Principal International Business • Who Owns Whom: International Subsidiaries of U.S. Companies • World Business Directory • World Directory of Multinational Enterprises • Worldscope: Industrial Company Profiles • Worldwide Business Publications Directory Africa, Asia, and Middle East (except Japan) • Asia’s 7500 Largest Companies • Asia Measures and Magnitudes • Asian Company Handbook • China’s Top 500 Import & Export Companies • Directory of Pakistan Exporters • Major Companies of the Arab World • Major Companies of the Far East • Major Companies of the Far East and Australasia • McGregor’s Who Owns Whom (South Africa) • The APS Who’s Who in Middle East Banking & Trade • The Eastern Trade Directory • The JSE Handbook/Johannesburg Stock Exchange (South Africa) • Who Owns Whom: Australasia and Far East Canada • Annuals of Major Canadian Companies • Business Connexions = Connexions D’Affaires • Canadian Business • Canadian Trade Index • Standard & Poor’s Register of Corporations, Directors and Executives • The Top 500 Companies • Who Owns Whom: North America Europe • Beerman’s Financial Yearbook of Europe • Danish Exporters • East-West Business Directory • Europe’s 15,000 Largest Companies • European Business Services Directory (1st ed. 1993) • European Directory of Consumer Goods Manufacturers • European Directory of Trade and Business Associations • French Company Handbook • Hoover’s Masterlist of Major European Companies (1st ed. 1996) • Jane’s Major Companies of Europe • Made for Export • Major Companies of Europe • Who Makes Machinery (Germany) • Who Owns Whom: Continental Edition • Who Owns Whom: Continental Europe Great Britain • British Exports • F.B.I. Register of British Manufacturers • Kompass: The Authority on British Industries • Sell’s Directory of Products and Services • Stock Exchange Official Yearbook • The Times 1,000 • UK’s 7,500 Largest Companies • Who Owns Whom: U.K. Edition • Who Owns Whom: U.K. and Republic of Ireland Japan • Access Nippon • Affiliates and Offices of Japanese Firms in USA and Canada • Diamond’s Japan Business Directory • Japan Business: The Portable Encyclopedia of Doing Business with Japan • Japan Company Handbook • Japan Foreign Trade and Industries Directory of Exporters, Importers, Manufacturers and Foreign Trade Auxiliary Organizations • Japan Trade Directory • Japanese Overseas Investment • Standard Trade Index of Japan • The Financial Behavior of Japanese Corporations • The Japan’s Who’s Who and Business Directory Latin America • Dun & Bradstreet’s Key Business Directory of Latin America • Dun’s Latin America Top 25,000 • Hoover’s Masterlist of Major Latin American Companies Other Readings • Campbell, Dennis and Pombo, Fernando. Penetrating International Markets: From Sales and Licensing to Subsidiaries and Acquisitions. Kluwer Law and Taxation Publishers. 1991. • Gelder, Alice A. and Yuly, Rudy. World Business Desk Reference: How To Do Business with 192 Countries by Phone, Fax, and Mail . Irwin Professional Publications. 1994. • Hinkleman, Edward G. et al. Dictionary of International Trade: 4,071 International Trade, Banking, Legal and Shipping Terms . World Trade Press. 1994. • Jones, Geoffrey. The Evolution of International Business: An Introduction . Routledge. 1996. • Nishijima, Shoji and Smith, Peter H. Cooperation or Rivalry: Regional Integration in the Americas and Pacific Rim . Smith-Westview Press. 1996. • Osono, Tomokazu. Charting Japanese Industry: A Graphical Guide to Corporate and Market Structures . Cassell. 1995. • Quintieri, Benjamin. Patterns of Trade, Competition and Trade Policies . Avebury. 1995. • Stewart, George R., Tawfik, Myra J., and Irish, Maureen. International Trade and Intellectual Property: The Search for a Balanced System . Westview Press. 1994. • Turner, Philip and Van’t dack, Jozef. Measuring International Price and Cost Competitiveness . Basle: Bank for International Settlements, Monetary and Economic Dept. 1993. • Tussie, Diana and Glover, David. The Developing Countries in World Trade: Policies and Bargaining Strategies . International Development Research Center. 1993. • U.S. International Trade Administration in conjunction with National Technical Service. The Big Emerging Markets: . . . Outlook and Sourcebook . Bernan Press. 1996. • Woronoff, Jon. Japanese Targeting: Successes, Failures, Lessons . St. Martin Press. 1992. Exhibit 4.61.2-7 (05-01-2006) Internet Access Information On-Line Sources of Information The Internet has become a valuable tool for the international examiner. Due to constant changes in URL addresses and or locations a hard copy of the sites would not be helpful. Linkage to various websites is available via the IRS webpage. Simply go to LMSB, find the International page and there will be a linkage to an extensive list of sites ranging from government offices to private sites. Most sites on the Internet have very current information free of charge. Older material is also available, however, at times a fee or membership is required in order to search archives. If you encounter this problem, you should check Lexis for the information you need. In addition, Lexis offers comprehensive overviews of many companies' worldwide activities through the Investext Reports. Patience is required when searching on the Internet. If you search during the middle of a business day, you may find that you are locked out due to heavy traffic. Response times can be slow at this time of day as well. If a uniform resource locator (URL) does not work in its entirety, try shortening it to the next subheading. If the URL still does not work, try the main address. Sites often change the way information is organized, but the domain remains the same. If you reach the home page of a site, you can then delve down into the site to find the information you need. Many of the sites listed contain links to other sites. Use these links. The links are the quickest way into the various sites. By using the links (which you just click), you lessen the chance of incorrectly listing an URL. The listing that follows contains some country-specific sites. Additional country specific sites can be accessed through other sites. For example, try Dennis Schmidt’s site to access tax sites in a specific foreign country. All international examiners should be able to find access within their locales. Check with Information Services (IS) for the closest access points.