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Internal Investigations

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This weekly briefing is available on-demand and will cover hot topics and current enforcement actions related to white-collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week. This week’s discussion will cover: “First Voluntary Self-Disclosure of Sanctions and Export Violations Leads to Settlement between Software Company and DOJ,” and “The Sudden Resignation of SEC Enforcement Director Alex Oh: What is Next For SEC Enforcement?”

This alert provides a snapshot on how authorities have adjusted their dawn raid practice and procedures to handle unannounced inspections during lockdowns, and what you need to do to adjust your internal dawn raid procedures to a “hybrid” work environment in which staff split their time between the office and home.

In the first episode, Nandakumar Ponniya, chair of the Asia Pacific Dispute Resolution Group, Cynthia Tang, head of the Hong Kong Dispute Resolution team, and Yoshiaki Muto, head of Tokyo’s Dispute Resolution team, discuss developments in commercial litigation around four key areas: (1) technology, (2) mediation, (3) international commercial courts, and (4) class actions in Asia Pacific.

The Russian Federal Tax Service (the “FTS”) has issued a letter clarifying the provisions of Article 54.1 of the Russian Tax Code on tax avoidance, outlining a methodology for tax inspectorates on how to identify misrepresentations of business operations, check material facts and intent to use sham or “fly-by-night” companies. It also provides taxpayers with criteria for counterparty due diligence, which should eliminate the possibility of their subsequent tax liability.

In addition, the FTS has finally admitted the need for so-called “full tax reconstruction” (a comprehensive reclassification of transactions previously applied only by the courts) and the ability to deduct actual expenses for corporate profits tax purposes and to offset input VAT on transactions with sham companies. However, this is possible only if a taxpayer discloses the actual suppliers and financial terms in such transactions.