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Mandatory Reporting of Foreign Direct Investment (FDI) in the US

Somewhat obscure, the Bureau of Economic Analysis (BEA) is the unit within the US Dept. of Commerce that collects and publishes statistics about the US economy, for example, the familiar gross US domestic product statistic. The BEA’s assigned duties include collecting data about foreign direct investment (FDI) in the US, as well as the converse, US direct investment in foreign countries.   One way the BEA obtains data about FDI is through reports (surveys) filed by US businesses which undergo events triggering the reporting requirement. Some of these reports are mandatory and penalties can result from failure to comply.  This blog addresses the mandatory report of new foreign direct investment in the US (known as the “BE-13 Survey”).

A little background
.  The BEA created the BE-13 Survey in 1977 to evaluate the effect of FDI on the US economy. The International Investment and Trade in Services Survey Act gave the BEA authority to create the survey and collect the data. In 2009, budgetary constraints caused the BEA to suspend the BE-13 Survey. Now the BEA has reinstated the BE-13 Survey filing requirements by notice dated November 26, 2014.

Who must file the BE-13 Survey? 
The affected US company is responsible to file the BE-13 Survey.  A US company must file a BE-13 Survey anytime:

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