International Services Surveys and Direct Investment Surveys Reporting, 24373-24375 [2012-9849]
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations
Effective Upon Publication
SIAPs; and § 97.35 COPTER SIAPs,
identified as follows:
AIRAC date
State
24373
City
Airport
FDC No.
FDC date
Subject
31–May–12 .......
KS
Manhattan ...................
Manhattan Rgnl ..........
1/9111
4/10/12
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GA
Atlanta .........................
2/0683
4/10/12
31–May–12 .......
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Atlanta .........................
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4/10/12
ILS OR LOC RWY 8, Amdt 16A.
31–May–12 .......
GA
Atlanta .........................
2/0685
4/10/12
RNAV (GPS) RWY 26, Orig-A.
31–May–12 .......
GA
Atlanta .........................
2/0686
4/10/12
RNAV (GPS) Y RWY 8, Orig-A.
31–May–12 .......
NC
Charlotte .....................
Fulton County AirportBrown Field.
Fulton County AirportBrown Field.
Fulton County AirportBrown Field.
Fulton County AirportBrown Field.
Charlotte/Douglas Intl
Takeoff Minimums and Obstacle
DP, Amdt 7.
VOR A, Orig-A.
2/0925
4/10/12
31–May–12 .......
NC
Charlotte .....................
Charlotte/Douglas Intl
2/0926
4/10/12
31–May–12
31–May–12
31–May–12
31–May–12
.......
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TX
TN
IN
Dallas-Fort Worth .......
Dallas-Fort Worth .......
Covington ....................
Indianapolis .................
Dallas/Fort Worth Intl ..
Dallas/Fort Worth Intl ..
Covington Muni ...........
Indianapolis Intl ...........
2/1044
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Indianapolis .................
Indianapolis Intl ...........
2/7774
4/10/12
ILS OR LOC RWY 18R, ILS
RWY 18R (CAT II), ILS RWY
18R (CAT III), Orig-A.
ILS OR LOC RWY 36L, ILS
RWY 36L (CAT II), ILS RWY
36L (CAT III), Orig-A.
VOR RWY 31L, Orig.
VOR RWY 13R, Amdt 1.
RNAV (GPS) RWY 1, Orig.
ILS OR LOC RWY 5L, ILS RWY
5L (CAT II), ILS RWY 5L (CAT
III), Amdt 3C.
ILS OR LOC RWY 5R, ILS RWY
5R (CAT II), ILS RWY 5R
(CAT III), Amdt 5B.
[FR Doc. 2012–9738 Filed 4–23–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Parts 801, 806, and 807
[Docket No. 111012619–2230–03]
RIN 0691–AA81
International Services Surveys and
Direct Investment Surveys Reporting
Bureau of Economic Analysis.
Final rule.
AGENCY:
ACTION:
The Bureau of Economic
Analysis (BEA) revises its rules to
establish general guidelines for how
BEA will collect data on international
trade in services and direct investment
surveys, which are provided for by the
International Investment and Trade in
Services Survey Act (the Act). In
addition to the Act, the Omnibus Trade
and Competitiveness Act of 1988
authorizes BEA to conduct international
trade in services surveys. Currently,
international trade in services and direct
investment surveys are promulgated
through separate rulemaking actions.
This final rule modifies BEA’s
regulations to allow BEA to issue
surveys through notices rather than
through notice and comment
rulemaking. It also provides a more
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:38 Apr 23, 2012
Jkt 226001
general framework for how BEA collects
data on these surveys that are required,
or provided for, by the statutes. This
rule will simplify and generalize
existing regulations governing the
procurement of information on
international trade in services and direct
investment.
DATES: The final rule is effective on May
24, 2012.
FOR FURTHER INFORMATION CONTACT:
David H. Galler, Chief, Direct
Investment Division (BE–50), Bureau of
Economic Analysis, U.S. Department of
Commerce, Washington, DC 20230;
email David.Galler@bea.gov or phone
(202) 606–9835.
SUPPLEMENTARY INFORMATION: On
January 6, 2012, BEA published a notice
of proposed rulemaking to amend 15
CFR parts 801, 806, and 807 to set forth
general guidelines for reporting on
international trade in services and direct
investment surveys provided for by the
International Investment and Trade in
Services Survey Act (22 U.S.C. 3101 to
3108, (the Act)), 77 FR 772. For surveys
that are conducted on an ongoing
basis—quarterly, annually,
quinqenially—BEA proposed to issue
specific reporting information regarding
individual surveys through notices
rather than through notice and comment
rulemaking.
This rule implements the proposed
rule. Under this rule, notices of specific
surveys pertaining to international
investment and trade in services and
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
direct investment, including applicable
report forms and instructions, will be
separately published in the Federal
Register. Only respondents notified of
these surveys are required to respond to
BEA surveys.
BEA received no comments on the
proposed rule, and adopts the proposed
rule without change. Accordingly, now
surveys on international trade in
services and on direct investment will
be issued by a notice in the Federal
Register, and will also be sent to
individual respondents. Entities that do
not receive a notice of the survey from
BEA are not required to complete the
survey.
Executive Order 12866
This final rule has been determined to
be not significant for purposes of E.O.
12866.
Executive Order 13132
This final rule does not contain
policies with Federalism implications
sufficient to warrant preparation of a
Federalism assessment under E.O.
13132.
Regulatory Flexibility Act
The Chief Counsel for Regulation,
Department of Commerce, certified to
the Chief Counsel for Advocacy, Small
Business Administration, under the
provisions of the Regulatory Flexibility
Act (5 U.S.C. 605(b)), that this final rule
will not have a significant economic
impact on a substantial number of small
E:\FR\FM\24APR1.SGM
24APR1
24374
Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations
entities. The rule affects only BEA’s
internal procedures regarding how it
conducts surveys of international trade
in services and direct investment. None
of the changes will have a direct effect
on any businesses, large or small. Those
subject to these surveys will still be
required to respond to BEA’s requests
for information, but the requests
themselves will not be subject to notice
and comment rulemaking. Therefore,
the effect of this final rule is to simplify
and generalize existing regulations
governing the procurement of
information on the international trade in
services and direct investment under
the Act. Because there will be no impact
to small entities as a result of this
change to the regulations, the Chief
Counsel certified that this final
rulemaking will not have a significant
economic impact on a substantial
number of small entities. Accordingly,
no final regulatory flexibility analysis is
required, and none has been prepared.
Paperwork Reduction Act
This rule contains no information
collection requests as defined in the
Paperwork Reduction Act (44 USC
3501–3521). However, as necessary the
individual notices of surveys will
include a description of the paperwork
burden associated with completing the
survey, and provide the control number
from the Office of Management and
Budget (OMB) for any survey issued
pursuant to this rule. No one is required
to answer any request by the
government for information that does
not contain an approved OMB control
number.
List of Subjects
15 CFR Part 801
Cross-border transactions, Credit card,
Debit card, Economic statistics, Foreign
investment in the United States, Foreign
trade, International transactions,
Penalties, Reporting and recordkeeping
requirements, Travel expenses, United
States investment abroad.
15 CFR Part 806
Economic statistics, Foreign
investments in United States, Reporting
and recordkeeping requirements, United
States investments abroad.
mstockstill on DSK4VPTVN1PROD with RULES
15 CFR Part 807
Libraries.
Dated: April 15, 2012.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.
For the reasons discussed in the
preamble, 15 CFR chapter VIII is
amended as follows:
VerDate Mar<15>2010
16:38 Apr 23, 2012
Jkt 226001
1. Part 801 is revised to read as
follows:
■
PART 801—SURVEYS OF
INTERNATIONAL TRADE IN SERVICES
BETWEEN U.S. AND FOREIGN
PERSONS AND SURVEYS OF DIRECT
INVESTMENT
Sec.
801.1
801.2
801.3
801.4
801.5
801.6
Purpose.
Definitions.
Reporting requirements.
Recordkeeping requirements.
Confidentiality.
Penalties specified by law.
Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22
U.S.C. 3101–3108; E.O. 11961 (3 CFR, 1977
Comp., p. 86), as amended by E.O. 12318 (3
CFR, 1981 Comp. p. 173); and E.O. 12518 (3
CFR, 1985 Comp. p. 348).
§ 801.1
Purpose.
The purpose of this part is to provide
general information on international
trade in services and direct investment
data collection programs and analyses
under the International Investment and
Trade in Services Survey Act (22 U.S.C.
3101 to 3108, as amended) (the Act).
The purpose of the Act is to provide for
the collection of comprehensive and
reliable information pertaining to
international investment, including
international trade in services and direct
investment, and to do so with a
minimum of burden on respondents and
with no unnecessary duplication of
effort.
§ 801.2
Definitions.
For purposes of the Act and for
reporting requirements under this part:
(a) United States, when used in a
geographic sense, means the several
States, the District of Columbia, the
Commonwealth of Puerto Rico, and all
territories and possessions of the United
States.
(b) Foreign, when used in a
geographic sense, means that which is
situated outside the United States or
which belongs to or is characteristic of
a country other than the United States.
(c) Person means any individual,
branch, partnership, associated group,
association, estate, trust, corporation, or
other organization (whether or not
organized under the laws of any State),
and any government (including a
foreign government, the United States
Government, a State or local
government, and any agency,
corporation, financial institution, or
other entity or instrumentality thereof,
including a government-sponsored
agency).
(d) United States person means any
person resident in the United States or
subject to the jurisdiction of the United
States.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
(e) Foreign person means any person
resident outside the United States or
subject to the jurisdiction of a country
other than the United States.
(f) Business enterprise means any
organization, association, branch, or
venture which exists for profit-making
purposes or to otherwise secure
economic advantage, and any
ownership of any real estate.
(g) Services are economic activities
whose outputs are other than tangible
goods. This term includes, but is not
limited to, banking, other financial
services, insurance, transportation,
communications and data processing,
retail and wholesale trade, advertising,
accounting, construction, design,
engineering, management consulting,
real estate, professional services,
entertainment, education, and health
care.
(h) International investment means:
(1) The ownership or control, directly
or indirectly, by contractual
commitment or otherwise, by foreign
persons of any interest in property in
the United States, or of stock, other
securities, or short- and long-term debt
obligations of a United States person;
and
(2) The ownership or control, directly
or indirectly, by contractual
commitment or otherwise, by United
States persons of any interest in
property outside the United States, or of
stock, other securities, or short- and
long-term debt obligations of a foreign
person.
(i) Direct investment means the
ownership or control, directly or
indirectly, by one person of 10 percent
or more of the voting securities of an
incorporated business enterprise or an
equivalent interest in an unincorporated
business enterprise.
§ 801.3
Reporting requirements.
(a) Notice of specific reporting
requirements, including who is required
to report, the information to be reported,
the manner of reporting, and the time
and place of filing reports, will be
published by the Director of the Bureau
of Economic Analysis in the Federal
Register prior to the implementation of
a survey.
(b) In accordance with section
3104(b)(2) of title 22 of the United States
Code persons notified of these surveys
and subject to the jurisdiction of the
United States shall furnish, under oath,
any report containing information
which is determined to be necessary to
carry out the surveys and studies
provided for by the Act.
E:\FR\FM\24APR1.SGM
24APR1
Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations
§ 801.4
Recordingkeeping requirements.
In accordance with section 3104(b)(1)
of title 22 of the United States Code,
persons subject to the jurisdiction of the
United States shall maintain any
information which is essential for
carrying out the surveys and studies
provided for by the Act.
§ 801.5
Confidentiality.
Information collected pursuant to
3104(c) of title 22 of the United States
Code is confidential.
(a) Access to this information shall be
available only to officials and
employees (including consultants and
contractors and their employees) of
agencies designated by the President to
perform functions under the Act.
(b) Subject to paragraph (d) of this
section, the President may authorize the
exchange of information between
agencies or officials designated to
perform functions under the Act.
(c) Nothing in this part shall be
construed to require any Federal agency
to disclose information otherwise
protected by law.
(d) This information shall be used
solely for analytical or statistical
purposes or for a proceeding under
§ 801.6.
(e) No official or employee (including
consultants and contractors and their
employees) shall publish or make
available to any other person any
information collected under the Act in
such a manner that the person to whom
the information relates can be
specifically identified.
(f) Reports and copies of reports
prepared pursuant to the Act are
confidential and their submission or
disclosure shall not be compelled by
any person without the prior written
permission of the person filing the
report and the customer of such person
where the information supplied is
identifiable as being derived from the
records of such customer.
mstockstill on DSK4VPTVN1PROD with RULES
§ 801.6
Penalties.
(a) Civil penalties. Whoever fails to
furnish any information required by the
Act or to comply with any rule,
regulation, order or instruction
promulgated under the Act shall be
subject to a civil penalty of not less than
$2,500, and not more than $25,000, and
to injunctive relief commanding such
person to comply, or both (see 22 U.S.C.
3105(a) and (b)). These civil penalties
are subject to inflationary adjustments
(15 CFR 6.4.).
(b) Criminal penalties. Whoever
willfully fails to submit any information
required by the Act or willfully violates
any rule, regulation, order or instruction
promulgated under the Act, upon
VerDate Mar<15>2010
16:38 Apr 23, 2012
Jkt 226001
conviction, shall be fined not more than
$10,000 and, if an individual, may be
imprisoned for not more than one year,
or both. Any officer, director, employee,
or agent of any corporation who
knowingly participates in such
violations, upon conviction, may be
punished by a like fine, imprisonment
or both (see 22 U.S.C. 3105(c)).
PART 806—[REMOVED AND
RESERVED]
2. Under the authority of 5 U.S.C. 301,
part 806 is removed and reserved.
■
PART 807—[REMOVED AND
RESERVED]
3. Under the authority of 5 U.S.C. 301,
part 806 is removed and reserved.
■
[FR Doc. 2012–9849 Filed 4–23–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 133 and 151
[USCBP–2012–0011; CBP Dec. 12–10]
RIN 1515–AD87
Disclosure of Information for Certain
Intellectual Property Rights Enforced
at the Border
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Interim rule; solicitation of
comments.
AGENCIES:
This document amends, on an
interim basis, the U.S. Customs and
Border Protection (CBP) regulations
pertaining to importations of
merchandise bearing recorded
trademarks or recorded trade names.
The interim amendments, effective
upon publication in the Federal
Register, allow CBP, subject to
limitations, to disclose to an intellectual
property right holder information
appearing on merchandise or its retail
packaging that may comprise
information otherwise protected by the
Trade Secrets Act, for the purpose of
assisting CBP in determining whether
the merchandise bears a counterfeit
mark. Such information will be
provided to the right holder in the form
of photographs or a sample of the goods
and/or their retail packaging in their
condition as presented to CBP for
examination and alphanumeric codes
SUMMARY:
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
24375
appearing on the goods. The
information will include, but not be
limited to, serial numbers, universal
product codes, and stock keeping unit
(SKU) numbers appearing on the
imported merchandise and its retail
packaging, whether in alphanumeric or
other formats. These changes provide a
pre-seizure procedure for disclosing
information about imported
merchandise suspected of bearing a
counterfeit mark for the limited purpose
of obtaining the right holder’s assistance
in determining whether the mark is
counterfeit or not.
DATES: Effective April 24, 2012;
comments must be received on or before
June 25, 2012.
ADDRESSES: You may submit comments,
identified by docket number, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP 2012–0011.
• Mail: Trade and Commercial
Regulations Branch, Office of
International Trade, Regulations and
Rulings, U.S. Customs and Border
Protection, 799 9th Street NW. (Mint
Annex), Washington, DC 20229–1179.
Instructions: All submissions received
must include the agency name and
docket number for this interim
rulemaking. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch, Office
of International Trade, Regulations and
Rulings, U.S. Customs and Border
Protection, 799 9th Street NW., 5th
Floor, Washington, DC. Arrangements to
inspect submitted comments should be
made in advance by calling Joseph Clark
at (202) 325–0118.
FOR FURTHER INFORMATION CONTACT: Paul
Pizzeck, Intellectual Property Rights
Branch, Regulations and Rulings, Office
of International Trade, (202) 325–0020.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to
participate in this rulemaking by
E:\FR\FM\24APR1.SGM
24APR1
]]>Agencies
[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24373-24375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9849]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Parts 801, 806, and 807
[Docket No. 111012619-2230-03]
RIN 0691-AA81
International Services Surveys and Direct Investment Surveys
Reporting
AGENCY: Bureau of Economic Analysis.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Economic Analysis (BEA) revises its rules to
establish general guidelines for how BEA will collect data on
international trade in services and direct investment surveys, which
are provided for by the International Investment and Trade in Services
Survey Act (the Act). In addition to the Act, the Omnibus Trade and
Competitiveness Act of 1988 authorizes BEA to conduct international
trade in services surveys. Currently, international trade in services
and direct investment surveys are promulgated through separate
rulemaking actions. This final rule modifies BEA's regulations to allow
BEA to issue surveys through notices rather than through notice and
comment rulemaking. It also provides a more general framework for how
BEA collects data on these surveys that are required, or provided for,
by the statutes. This rule will simplify and generalize existing
regulations governing the procurement of information on international
trade in services and direct investment.
DATES: The final rule is effective on May 24, 2012.
FOR FURTHER INFORMATION CONTACT: David H. Galler, Chief, Direct
Investment Division (BE-50), Bureau of Economic Analysis, U.S.
Department of Commerce, Washington, DC 20230; email
David.Galler@bea.gov or phone (202) 606-9835.
SUPPLEMENTARY INFORMATION: On January 6, 2012, BEA published a notice
of proposed rulemaking to amend 15 CFR parts 801, 806, and 807 to set
forth general guidelines for reporting on international trade in
services and direct investment surveys provided for by the
International Investment and Trade in Services Survey Act (22 U.S.C.
3101 to 3108, (the Act)), 77 FR 772. For surveys that are conducted on
an ongoing basis--quarterly, annually, quinqenially--BEA proposed to
issue specific reporting information regarding individual surveys
through notices rather than through notice and comment rulemaking.
This rule implements the proposed rule. Under this rule, notices of
specific surveys pertaining to international investment and trade in
services and direct investment, including applicable report forms and
instructions, will be separately published in the Federal Register.
Only respondents notified of these surveys are required to respond to
BEA surveys.
BEA received no comments on the proposed rule, and adopts the
proposed rule without change. Accordingly, now surveys on international
trade in services and on direct investment will be issued by a notice
in the Federal Register, and will also be sent to individual
respondents. Entities that do not receive a notice of the survey from
BEA are not required to complete the survey.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Executive Order 13132
This final rule does not contain policies with Federalism
implications sufficient to warrant preparation of a Federalism
assessment under E.O. 13132.
Regulatory Flexibility Act
The Chief Counsel for Regulation, Department of Commerce, certified
to the Chief Counsel for Advocacy, Small Business Administration, under
the provisions of the Regulatory Flexibility Act (5 U.S.C. 605(b)),
that this final rule will not have a significant economic impact on a
substantial number of small
[[Page 24374]]
entities. The rule affects only BEA's internal procedures regarding how
it conducts surveys of international trade in services and direct
investment. None of the changes will have a direct effect on any
businesses, large or small. Those subject to these surveys will still
be required to respond to BEA's requests for information, but the
requests themselves will not be subject to notice and comment
rulemaking. Therefore, the effect of this final rule is to simplify and
generalize existing regulations governing the procurement of
information on the international trade in services and direct
investment under the Act. Because there will be no impact to small
entities as a result of this change to the regulations, the Chief
Counsel certified that this final rulemaking will not have a
significant economic impact on a substantial number of small entities.
Accordingly, no final regulatory flexibility analysis is required, and
none has been prepared.
Paperwork Reduction Act
This rule contains no information collection requests as defined in
the Paperwork Reduction Act (44 USC 3501-3521). However, as necessary
the individual notices of surveys will include a description of the
paperwork burden associated with completing the survey, and provide the
control number from the Office of Management and Budget (OMB) for any
survey issued pursuant to this rule. No one is required to answer any
request by the government for information that does not contain an
approved OMB control number.
List of Subjects
15 CFR Part 801
Cross-border transactions, Credit card, Debit card, Economic
statistics, Foreign investment in the United States, Foreign trade,
International transactions, Penalties, Reporting and recordkeeping
requirements, Travel expenses, United States investment abroad.
15 CFR Part 806
Economic statistics, Foreign investments in United States,
Reporting and recordkeeping requirements, United States investments
abroad.
15 CFR Part 807
Libraries.
Dated: April 15, 2012.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.
For the reasons discussed in the preamble, 15 CFR chapter VIII is
amended as follows:
0
1. Part 801 is revised to read as follows:
PART 801--SURVEYS OF INTERNATIONAL TRADE IN SERVICES BETWEEN U.S.
AND FOREIGN PERSONS AND SURVEYS OF DIRECT INVESTMENT
Sec.
801.1 Purpose.
801.2 Definitions.
801.3 Reporting requirements.
801.4 Recordkeeping requirements.
801.5 Confidentiality.
801.6 Penalties specified by law.
Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22 U.S.C. 3101-3108;
E.O. 11961 (3 CFR, 1977 Comp., p. 86), as amended by E.O. 12318 (3
CFR, 1981 Comp. p. 173); and E.O. 12518 (3 CFR, 1985 Comp. p. 348).
Sec. 801.1 Purpose.
The purpose of this part is to provide general information on
international trade in services and direct investment data collection
programs and analyses under the International Investment and Trade in
Services Survey Act (22 U.S.C. 3101 to 3108, as amended) (the Act). The
purpose of the Act is to provide for the collection of comprehensive
and reliable information pertaining to international investment,
including international trade in services and direct investment, and to
do so with a minimum of burden on respondents and with no unnecessary
duplication of effort.
Sec. 801.2 Definitions.
For purposes of the Act and for reporting requirements under this
part:
(a) United States, when used in a geographic sense, means the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, and all territories and possessions of the United States.
(b) Foreign, when used in a geographic sense, means that which is
situated outside the United States or which belongs to or is
characteristic of a country other than the United States.
(c) Person means any individual, branch, partnership, associated
group, association, estate, trust, corporation, or other organization
(whether or not organized under the laws of any State), and any
government (including a foreign government, the United States
Government, a State or local government, and any agency, corporation,
financial institution, or other entity or instrumentality thereof,
including a government-sponsored agency).
(d) United States person means any person resident in the United
States or subject to the jurisdiction of the United States.
(e) Foreign person means any person resident outside the United
States or subject to the jurisdiction of a country other than the
United States.
(f) Business enterprise means any organization, association,
branch, or venture which exists for profit-making purposes or to
otherwise secure economic advantage, and any ownership of any real
estate.
(g) Services are economic activities whose outputs are other than
tangible goods. This term includes, but is not limited to, banking,
other financial services, insurance, transportation, communications and
data processing, retail and wholesale trade, advertising, accounting,
construction, design, engineering, management consulting, real estate,
professional services, entertainment, education, and health care.
(h) International investment means:
(1) The ownership or control, directly or indirectly, by
contractual commitment or otherwise, by foreign persons of any interest
in property in the United States, or of stock, other securities, or
short- and long-term debt obligations of a United States person; and
(2) The ownership or control, directly or indirectly, by
contractual commitment or otherwise, by United States persons of any
interest in property outside the United States, or of stock, other
securities, or short- and long-term debt obligations of a foreign
person.
(i) Direct investment means the ownership or control, directly or
indirectly, by one person of 10 percent or more of the voting
securities of an incorporated business enterprise or an equivalent
interest in an unincorporated business enterprise.
Sec. 801.3 Reporting requirements.
(a) Notice of specific reporting requirements, including who is
required to report, the information to be reported, the manner of
reporting, and the time and place of filing reports, will be published
by the Director of the Bureau of Economic Analysis in the Federal
Register prior to the implementation of a survey.
(b) In accordance with section 3104(b)(2) of title 22 of the United
States Code persons notified of these surveys and subject to the
jurisdiction of the United States shall furnish, under oath, any report
containing information which is determined to be necessary to carry out
the surveys and studies provided for by the Act.
[[Page 24375]]
Sec. 801.4 Recordingkeeping requirements.
In accordance with section 3104(b)(1) of title 22 of the United
States Code, persons subject to the jurisdiction of the United States
shall maintain any information which is essential for carrying out the
surveys and studies provided for by the Act.
Sec. 801.5 Confidentiality.
Information collected pursuant to 3104(c) of title 22 of the United
States Code is confidential.
(a) Access to this information shall be available only to officials
and employees (including consultants and contractors and their
employees) of agencies designated by the President to perform functions
under the Act.
(b) Subject to paragraph (d) of this section, the President may
authorize the exchange of information between agencies or officials
designated to perform functions under the Act.
(c) Nothing in this part shall be construed to require any Federal
agency to disclose information otherwise protected by law.
(d) This information shall be used solely for analytical or
statistical purposes or for a proceeding under Sec. 801.6.
(e) No official or employee (including consultants and contractors
and their employees) shall publish or make available to any other
person any information collected under the Act in such a manner that
the person to whom the information relates can be specifically
identified.
(f) Reports and copies of reports prepared pursuant to the Act are
confidential and their submission or disclosure shall not be compelled
by any person without the prior written permission of the person filing
the report and the customer of such person where the information
supplied is identifiable as being derived from the records of such
customer.
Sec. 801.6 Penalties.
(a) Civil penalties. Whoever fails to furnish any information
required by the Act or to comply with any rule, regulation, order or
instruction promulgated under the Act shall be subject to a civil
penalty of not less than $2,500, and not more than $25,000, and to
injunctive relief commanding such person to comply, or both (see 22
U.S.C. 3105(a) and (b)). These civil penalties are subject to
inflationary adjustments (15 CFR 6.4.).
(b) Criminal penalties. Whoever willfully fails to submit any
information required by the Act or willfully violates any rule,
regulation, order or instruction promulgated under the Act, upon
conviction, shall be fined not more than $10,000 and, if an individual,
may be imprisoned for not more than one year, or both. Any officer,
director, employee, or agent of any corporation who knowingly
participates in such violations, upon conviction, may be punished by a
like fine, imprisonment or both (see 22 U.S.C. 3105(c)).
PART 806--[REMOVED AND RESERVED]
0
2. Under the authority of 5 U.S.C. 301, part 806 is removed and
reserved.
PART 807--[REMOVED AND RESERVED]
0
3. Under the authority of 5 U.S.C. 301, part 806 is removed and
reserved.
[FR Doc. 2012-9849 Filed 4-23-12; 8:45 am]
BILLING CODE P
