The Department of Commerce has issued a final rule that, effective Jan. 13, 2018, will amend its regulations to set forth the reporting requirements for the 2017 BE-12, Benchmark Survey of Foreign Direct Investment in the United States. This rule makes changes in data items collected, the design of the survey forms, and the reporting requirements to satisfy changing data needs and to improve data quality and the effectiveness and efficiency of data collection.

FDI in the U.S. is defined as the ownership or control, directly or indirectly, by one foreign person of 10 percent or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise, including a branch. The purpose of this benchmark survey, which is conducted every five years, is to obtain universe data on the financial and operating characteristics of U.S. affiliates and on positions and transactions between U.S. affiliates and their foreign parent groups. These data are needed to measure the size and economic significance of FDI in the U.S., measure changes in such investment, and assess its impact on the U.S. economy.

DOC notes that under this final rule persons subject to the BE-12 reporting requirements will be required to respond whether or not they are contacted by DOC.

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