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Survey of New Foreign Direct Investment in U.S. May be Reinstated

Thursday, May 29, 2014
Sandler, Travis & Rosenberg Trade Report

The Department of Commerce is accepting comments through July 28 on a proposal to reinstate the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States, which was discontinued in 2009 due to budget reductions. DOC is proposing this action to better measure its efforts through the “Build It Here, Sell It Everywhere” initiative to expand foreign business investment in the U.S. and to ensure complete coverage of other FDI statistics.

If approved, this survey would collect information on the acquisition or establishment of U.S. business enterprises by foreign investors, which was collected on the previous BE-13 survey, as well as information on expansions by existing U.S. affiliates of foreign companies, which was not previously collected. The data collected would be used to measure the amount of new FDI in the U.S., assess its impact on the U.S. economy and, based on this assessment, make informed policy decisions regarding FDI in the U.S. (FDI is defined as the ownership or control, directly or indirectly, by one foreign person of 10% or more of the voting securities of an incorporated U.S. business enterprise, or an equivalent interest of an unincorporated U.S. business enterprise, including a branch.)

Depending on the type of investment transaction, U.S. affiliates would report their information on one of six forms: BE-13A, BE-13B, BE-13C, BE-13D, BE-13E or BE-13 Claim for Exemption. Survey responses would be mandatory for all subject persons (estimated at about 1,350 U.S. affiliates), whether or not they are contacted by DOC, to ensure complete coverage of new FDI. Respondents would be notified of their obligation to file in November 2014 and data would be collected retroactively back to Jan. 1, 2014.

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