Direct Investment Surveys: BE-13, Survey of New Foreign Direct Investment in the United States, 47573-47575 [2014-19256]
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Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations
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[FR Doc. 2014–19168 Filed 8–13–14; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 140424374–4639–01]
RIN 0691–XC025
Direct Investment Surveys: BE–13,
Survey of New Foreign Direct
Investment in the United States
Bureau of Economic Analysis,
Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends
regulations of the Department of
Commerce’s Bureau of Economic
Analysis (BEA) to reinstate the reporting
requirements for the BE–13, Survey of
New Foreign Direct Investment in the
United States, which was discontinued
in 2009. This survey will better measure
Commerce Department efforts through
the ‘‘Build It Here, Sell It Everywhere’’
initiative to expand foreign business
investment in the United States and
ensure complete coverage of BEA’s
other foreign direct investment
statistics. This survey collects
information on the acquisition or
establishment of U.S. business
enterprises by foreign investors, which
was collected on the previous BE–13
survey, and information on expansions
by existing U.S. affiliates of foreign
companies, which was not previously
collected. This mandatory survey will
be conducted under the authority of the
International Investment and Trade in
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SUMMARY:
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Department of Homeland Security.
Department of Homeland Security.
Department
Department
Department
Department
of
of
of
of
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Security.
Security.
Security.
Security.
Department of Homeland Security.
Department of Homeland Security.
Services Survey Act (the Act). Unlike
other BEA surveys conducted pursuant
to the Act, a response would be required
from persons subject to the reporting
requirements of the BE–13, Survey of
New Foreign Direct Investment in the
United States, whether or not they are
contacted by BEA, in order to insure
that respondents subject to the
requirements for foreign direct
investments in the U.S. are identified.
DATES: This final rule is effective
September 15, 2014.
FOR FURTHER INFORMATION CONTACT:
Barbara Hubbard, Chief, Direct
Transactions and Positions Branch (BE–
49NI), Bureau of Economic Analysis,
U.S. Department of Commerce,
Washington, DC 20230; phone (202)
606–9846.
SUPPLEMENTARY INFORMATION: On May
28, 2014, BEA published a notice of
proposed rulemaking that set forth
revised reporting criteria for the BE–13,
Survey of New Foreign Direct
Investment in the United States (79 FR
30503–30506). No comments on the
proposed rule were received. Thus the
proposed rule is adopted without
change. This final rule adds 15 CFR
801.7 to set forth the reporting
requirements for the BE–13, Survey of
New Foreign Direct Investment in the
United States.
BEA conducts the BE–13 survey
under the authority of the International
Investment and Trade in Services
Survey Act (22 U.S.C. 3101–3108).
By rule issued in 2012 (77 FR 24373),
BEA established guidelines for
collecting data on international trade in
services and direct investment through
notices, rather than through rulemaking.
This final rule amends the regulations to
provide for a revised BE–13 survey and
requires a response from persons subject
to the reporting requirements of the BE–
13, whether or not they are contacted by
BEA, in order to ensure complete
PO 00000
Homeland
Homeland
Homeland
Homeland
coverage of new foreign direct
investments.
The BE–13 survey collects data on the
acquisition or establishment of U.S.
business enterprises by foreign investors
and the expansion of existing U.S.
affiliates of foreign companies to
establish new production facilities. The
data collected on the survey are used to
measure the amount of new foreign
direct investment in the United States,
assess the impact on the U.S. economy,
and based on this assessment, make
informed policy decisions regarding
foreign direct investment in the United
States. Foreign direct investment in the
United States is defined as the
ownership or control, directly or
indirectly, by one foreign person
(foreign parent) of 10 percent 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.
BEA will make the survey available
via eFile, BEA’s electronic filing system.
Survey respondents will be notified of
their obligation to file in November
2014 and BEA will collect data
retroactively back to January 1, 2014.
Thereafter, notifications will be mailed
to respondents as BEA becomes aware
of a potentially reportable investment or
when annual cost updates are needed.
The forms are due no later than 45 days
after the acquisition is completed, the
new legal entity is established, the
expansion is begun, or the cost update
is requested.
Description of Changes
The changes amend the regulations
and the survey forms for the BE–13
survey. These amendments include
changes in reporting requirements and
questionnaire design as well as data
items collected.
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47574
Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations
Under the revised regulations, U.S.
affiliates report information on
expansions, acquisitions, and
establishments of U.S. business
enterprises by foreign investors. Unlike
other BEA surveys conducted pursuant
to the Act, persons subject to the
reporting requirements of the BE–13,
Survey of New Foreign Direct
Investment in the United States, are
required to respond whether or not they
are contacted by BEA.
Depending on the type of investment
transaction, U.S. affiliates shall report
their information on one of six forms—
BE–13A, BE–13B, BE–13C, BE–13D, BE–
13E, or BE–13 Claim for Exemption. The
reporting requirements for the six forms
are:
a. Form BE–13A—Report for a U.S.
business enterprise when a foreign
entity acquires a voting interest
(directly, or indirectly through an
existing U.S. affiliate) in that enterprise,
segment, or operating unit and (i) the
total cost of the acquisition is greater
than $3 million, (ii) the U.S. business
enterprise will operate as a separate
legal entity, and (iii) by this acquisition,
at least 10 percent of the voting interest
in the acquired entity is now held
(directly or indirectly) by the foreign
entity.
b. Form BE–13B—Report for a U.S.
business enterprise when a foreign
entity, or an existing U.S. affiliate of a
foreign entity, establishes a new legal
entity in the United States and (i) the
projected total cost to establish the new
legal entity is greater than $3 million,
and (ii) the foreign entity owns 10
percent or more of the new business
enterprise’s voting interest (directly or
indirectly).
c. Form BE–13C—Report for an
existing U.S. affiliate of a foreign parent
when it acquires a U.S. business
enterprise or segment that it then
merges into its operations and the total
cost to acquire the business enterprise is
greater than $3 million.
d. Form BE–13D—Report for an
existing U.S. affiliate of a foreign parent
when it expands its operations to
include a new facility where business is
conducted and the projected total cost
of the expansion is greater than $3
million.
e. Form BE–13E—Report for a U.S.
business enterprise that previously filed
a BE–13B or BE–13D indicating that the
established or expanded entity is still
under construction.
f. Form BE–13 Claim for Exemption—
Report for a U.S. business enterprise
that (i) was contacted by BEA but does
not meet the requirements for filing
forms BE–13A, BE–13B, BE–13C, or BE–
13D, or (ii) whether or not contacted by
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BEA, met all requirements for filing on
Forms BE–13A, BE–13B, BE–13C, or
BE–13D except the $3 million reporting
threshold.
In addition to the changes in the
reporting criteria and form design, BEA
hereby adds and deletes some data
items from the information collected on
the previous BE–13 survey. The
following items are added to the survey:
1. Equity and debt components of the
foreign parent funding;
2. A question asking if the new U.S.
operation will have research and
development activities;
3. A question asking if the new
operation is under construction;
4. Employment projections;
5. Actual and projected construction
expenditures by type and by year.
BEA is eliminating the following
items from the new BE–13 survey:
Investment incentives, sales by industry
(total sales and the overall industry code
for the new operation is still collected),
equity ownership interest (voting
interest is still collected), address of the
foreign parent (country is still
collected), and acres of U.S. land
owned.
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.
Paperwork Reduction Act
The collection of information in this
final rule was submitted to the Office of
Management and Budget (OMB)
pursuant to the requirements of the
Paperwork Reduction Act (PRA). OMB
approved the information collection
under OMB control number 0608–0035.
Notwithstanding any other provisions
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the PRA unless that
collection displays a currently valid
OMB control number.
The BE–13 survey is expected to
result in the filing of reports from
approximately 1,350 U.S. affiliates each
year. The respondent burden for this
collection of information will vary from
one company to another, but is
estimated to average 1.6 hours per
response, including time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
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data needed, and completing and
reviewing the collection of information.
Thus the total respondent burden for
this survey is estimated at 2,160 hours,
compared to 900 hours for the previous
BE–13 survey. The increase in burden
hours is due to the increase in the
number of respondents expected to file.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in the final rule
should be sent to both BEA via email at
Barbara.Hubbard@bea.gov or by FAX at
(202) 606–2894, and to OMB, O.I.R.A.,
Paperwork Reduction Project 0608–
0035, Attention PRA Desk Officer for
BEA, via email at pbugg@omb.eop.gov
or by FAX at (202) 395–7245.
Regulatory Flexibility Act
The Chief Counsel for Regulation,
Department of Commerce, certified at
the proposed rule stage to the Chief
Counsel for Advocacy, Small Business
Administration, under the provisions of
the Regulatory Flexibility Act (RFA), 5
U.S.C. 605(b), that this final rule will
not have a significant economic impact
on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification or the economic impact
of the rule more generally. No final
regulatory flexibility analysis was
prepared.
List of Subjects in 15 CFR Part 801
Economic statistics, Foreign
investment in the United States,
International transactions, Penalties,
Reporting and record keeping
requirements.
Dated: July 30, 2014
Brian Moyer,
Acting Director, Bureau of Economic
Analysis.
For reasons set forth in the preamble,
BEA amends 15 CFR part 801 as
follows:
PART 801—SURVEY OF
INTERNATIONAL TRADE IN SERVICES
BETWEEN U.S. AND FOREIGN
PERSONS AND SURVEYS OF DIRECT
INVESTMENT
1. The authority citation for 15 CFR
part 801 continues to read as follows:
■
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).
■
2. Revise § 801.3 to read as follows:
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Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations
§ 801.3
Reporting requirements.
Except for surveys subject to
rulemaking in § 801.7, reporting
requirements for all other surveys
conducted by the Bureau of Economic
Analysis shall be as follows:
(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; and
(c) Persons not notified in writing of
their filing obligation by the Bureau of
Economic Analysis are not required to
complete the survey.
■ 3. Revise § 801.4 to read as follows:
§ 801.4
Recordkeeping 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 essential for carrying out
the surveys and studies provided for by
the Act.
■ 4. Add § 801.7 to read as follows:
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§ 801.7 Rules and regulations for the BE–
13, Survey of New Foreign Direct
Investment in the United States.
The BE–13, Survey of New Foreign
Direct Investment in the United States is
conducted to collect data on the
acquisition or establishment of U.S.
business enterprises by foreign investors
and the expansion of existing U.S.
affiliates of foreign companies to
establish a new production facility. All
legal authorities, provisions, definitions,
and requirements contained in §§ 801.1
through 801.2 and §§ 801.4 through
801.6 are applicable to this survey.
Specific additional rules and regulations
for the BE–13 survey are given in
paragraphs (a) through (d) of this
section. More detailed instructions are
given on the report forms and
instructions.
(a) Response required. A response is
required from persons subject to the
reporting requirements of the BE–13,
Survey of New Foreign Direct
Investment in the United States,
contained herein, whether or not they
are contacted by BEA. Also, persons, or
their agents, that are contacted by BEA
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about reporting in this survey, either by
sending them a report form or by
written inquiry, must respond in writing
pursuant this section. This may be
accomplished by filing the properly
completed BE–13 report (BE–13A, BE–
13B, BE–13C, BE–13D, BE–13E, or BE–
13 Claim for Exemption) within 45 days
of being contacted.
(b) Who must report. A BE–13 report
is required of any U.S. company in
which:
(1) A foreign direct investment in the
United States relationship is created;
(2) An existing U.S. affiliate of a
foreign parent establishes a new U.S.
legal entity, expands its U.S. operations,
or acquires a U.S. business enterprise,
or;
(3) A U.S. business enterprise that
previously filed a BE–13B or BE–13D
indicating that the established or
expanded entity is still under
construction. Foreign direct investment
is defined as the ownership or control
by one foreign person (foreign parent) of
10 percent 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.
(c) Forms to be filed. Depending on
the type of investment transaction, U.S.
affiliates shall report their information,
on one of six forms—BE–13A, BE–13B,
BE–13C, BE–13D, BE–13E, or BE–13
Claim for Exemption.
(1) Form BE–13A—Report for a U.S.
business enterprise when a foreign
entity acquires a voting interest
(directly, or indirectly through an
existing U.S. affiliate) in that enterprise,
segment, or operating unit and:
(i) The total cost of the acquisition is
greater than $3 million;
(ii) The U.S. business enterprise will
operate as a separate legal entity, and;
(iii) By this acquisition, at least 10
percent of the voting interest in the
acquired entity is now held (directly or
indirectly) by the foreign entity.
(2) Form BE–13B—Report for a U.S.
business enterprise when a foreign
entity, or an existing U.S. affiliate of a
foreign entity, establishes a new legal
entity in the United States and:
(i) The projected total cost to establish
the new legal entity is greater than $3
million, and;
(ii) The foreign entity owns 10 percent
or more of the new business enterprise’s
voting interest (directly or indirectly).
(3) Form BE–13C—Report for an
existing U.S. affiliate of a foreign parent
when it acquires a U.S. business
enterprise or segment that it then
merges into its operations and the total
cost to acquire the business enterprise is
greater than $3 million.
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47575
(4) Form BE–13D—Report for an
existing U.S. affiliate of a foreign parent
when it expands its operations to
include a new facility where business is
conducted and the projected total cost
of the expansion is greater than $3
million.
(5) Form BE–13E—Report for a U.S.
business enterprise that previously filed
a BE–13B or BE–13D indicating that the
established or expanded entity is still
under construction. This form will
collect updated cost information and
will be collected annually until
construction is complete.
(6) Form BE–13 Claim for Not Filing—
Report for a U.S. business enterprise
that:
(i) Was contacted by BEA but does not
meet the requirements for filing forms
BE–13A, BE–13B, BE–13C, or BE–13D;
or
(ii) Whether or not contacted by BEA,
met all requirements for filing on Forms
BE–13A, BE–13B, BE–13C, or BE–13D
except the $3 million reporting
threshold.
(d) Due date. The BE–13 forms are
due no later than 45 days after the
acquisition is completed, the new legal
entity is established, the expansion is
begun, or the cost update is requested.
[FR Doc. 2014–19256 Filed 8–13–14; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.224D.]
Final Priority; Rehabilitation Services
Administration—Assistive Technology
Alternative Financing Program
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority under the
Assistive Technology Alternative
Financing Program administered by the
Rehabilitation Services Administration
(RSA). The Assistant Secretary may use
this priority for competitions in fiscal
year (FY) 2014 and later years. This
priority is designed to ensure that the
Department funds high-quality assistive
technology (AT) alternative financing
programs (AFPs) that meet rigorous
standards in order to enable individuals
with disabilities to access and acquire
assistive technology devices and
services necessary to achieve education,
community living, and employment
goals.
SUMMARY:
E:\FR\FM\14AUR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Rules and Regulations]
[Pages 47573-47575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19256]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[Docket No. 140424374-4639-01]
RIN 0691-XC025
Direct Investment Surveys: BE-13, Survey of New Foreign Direct
Investment in the United States
AGENCY: Bureau of Economic Analysis, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends regulations of the Department of
Commerce's Bureau of Economic Analysis (BEA) to reinstate the reporting
requirements for the BE-13, Survey of New Foreign Direct Investment in
the United States, which was discontinued in 2009. This survey will
better measure Commerce Department efforts through the ``Build It Here,
Sell It Everywhere'' initiative to expand foreign business investment
in the United States and ensure complete coverage of BEA's other
foreign direct investment statistics. This survey collects information
on the acquisition or establishment of U.S. business enterprises by
foreign investors, which was collected on the previous BE-13 survey,
and information on expansions by existing U.S. affiliates of foreign
companies, which was not previously collected. This mandatory survey
will be conducted under the authority of the International Investment
and Trade in Services Survey Act (the Act). Unlike other BEA surveys
conducted pursuant to the Act, a response would be required from
persons subject to the reporting requirements of the BE-13, Survey of
New Foreign Direct Investment in the United States, whether or not they
are contacted by BEA, in order to insure that respondents subject to
the requirements for foreign direct investments in the U.S. are
identified.
DATES: This final rule is effective September 15, 2014.
FOR FURTHER INFORMATION CONTACT: Barbara Hubbard, Chief, Direct
Transactions and Positions Branch (BE-49NI), Bureau of Economic
Analysis, U.S. Department of Commerce, Washington, DC 20230; phone
(202) 606-9846.
SUPPLEMENTARY INFORMATION: On May 28, 2014, BEA published a notice of
proposed rulemaking that set forth revised reporting criteria for the
BE-13, Survey of New Foreign Direct Investment in the United States (79
FR 30503-30506). No comments on the proposed rule were received. Thus
the proposed rule is adopted without change. This final rule adds 15
CFR 801.7 to set forth the reporting requirements for the BE-13, Survey
of New Foreign Direct Investment in the United States.
BEA conducts the BE-13 survey under the authority of the
International Investment and Trade in Services Survey Act (22 U.S.C.
3101-3108).
By rule issued in 2012 (77 FR 24373), BEA established guidelines
for collecting data on international trade in services and direct
investment through notices, rather than through rulemaking. This final
rule amends the regulations to provide for a revised BE-13 survey and
requires a response from persons subject to the reporting requirements
of the BE-13, whether or not they are contacted by BEA, in order to
ensure complete coverage of new foreign direct investments.
The BE-13 survey collects data on the acquisition or establishment
of U.S. business enterprises by foreign investors and the expansion of
existing U.S. affiliates of foreign companies to establish new
production facilities. The data collected on the survey are used to
measure the amount of new foreign direct investment in the United
States, assess the impact on the U.S. economy, and based on this
assessment, make informed policy decisions regarding foreign direct
investment in the United States. Foreign direct investment in the
United States is defined as the ownership or control, directly or
indirectly, by one foreign person (foreign parent) of 10 percent 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.
BEA will make the survey available via eFile, BEA's electronic
filing system. Survey respondents will be notified of their obligation
to file in November 2014 and BEA will collect data retroactively back
to January 1, 2014. Thereafter, notifications will be mailed to
respondents as BEA becomes aware of a potentially reportable investment
or when annual cost updates are needed. The forms are due no later than
45 days after the acquisition is completed, the new legal entity is
established, the expansion is begun, or the cost update is requested.
Description of Changes
The changes amend the regulations and the survey forms for the BE-
13 survey. These amendments include changes in reporting requirements
and questionnaire design as well as data items collected.
[[Page 47574]]
Under the revised regulations, U.S. affiliates report information
on expansions, acquisitions, and establishments of U.S. business
enterprises by foreign investors. Unlike other BEA surveys conducted
pursuant to the Act, persons subject to the reporting requirements of
the BE-13, Survey of New Foreign Direct Investment in the United
States, are required to respond whether or not they are contacted by
BEA.
Depending on the type of investment transaction, U.S. affiliates
shall report their information on one of six forms--BE-13A, BE-13B, BE-
13C, BE-13D, BE-13E, or BE-13 Claim for Exemption. The reporting
requirements for the six forms are:
a. Form BE-13A--Report for a U.S. business enterprise when a
foreign entity acquires a voting interest (directly, or indirectly
through an existing U.S. affiliate) in that enterprise, segment, or
operating unit and (i) the total cost of the acquisition is greater
than $3 million, (ii) the U.S. business enterprise will operate as a
separate legal entity, and (iii) by this acquisition, at least 10
percent of the voting interest in the acquired entity is now held
(directly or indirectly) by the foreign entity.
b. Form BE-13B--Report for a U.S. business enterprise when a
foreign entity, or an existing U.S. affiliate of a foreign entity,
establishes a new legal entity in the United States and (i) the
projected total cost to establish the new legal entity is greater than
$3 million, and (ii) the foreign entity owns 10 percent or more of the
new business enterprise's voting interest (directly or indirectly).
c. Form BE-13C--Report for an existing U.S. affiliate of a foreign
parent when it acquires a U.S. business enterprise or segment that it
then merges into its operations and the total cost to acquire the
business enterprise is greater than $3 million.
d. Form BE-13D--Report for an existing U.S. affiliate of a foreign
parent when it expands its operations to include a new facility where
business is conducted and the projected total cost of the expansion is
greater than $3 million.
e. Form BE-13E--Report for a U.S. business enterprise that
previously filed a BE-13B or BE-13D indicating that the established or
expanded entity is still under construction.
f. Form BE-13 Claim for Exemption--Report for a U.S. business
enterprise that (i) was contacted by BEA but does not meet the
requirements for filing forms BE-13A, BE-13B, BE-13C, or BE-13D, or
(ii) whether or not contacted by BEA, met all requirements for filing
on Forms BE-13A, BE-13B, BE-13C, or BE-13D except the $3 million
reporting threshold.
In addition to the changes in the reporting criteria and form
design, BEA hereby adds and deletes some data items from the
information collected on the previous BE-13 survey. The following items
are added to the survey:
1. Equity and debt components of the foreign parent funding;
2. A question asking if the new U.S. operation will have research
and development activities;
3. A question asking if the new operation is under construction;
4. Employment projections;
5. Actual and projected construction expenditures by type and by
year.
BEA is eliminating the following items from the new BE-13 survey:
Investment incentives, sales by industry (total sales and the overall
industry code for the new operation is still collected), equity
ownership interest (voting interest is still collected), address of the
foreign parent (country is still collected), and acres of U.S. land
owned.
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.
Paperwork Reduction Act
The collection of information in this final rule was submitted to
the Office of Management and Budget (OMB) pursuant to the requirements
of the Paperwork Reduction Act (PRA). OMB approved the information
collection under OMB control number 0608-0035.
Notwithstanding any other provisions of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the PRA unless that collection displays a currently valid OMB
control number.
The BE-13 survey is expected to result in the filing of reports
from approximately 1,350 U.S. affiliates each year. The respondent
burden for this collection of information will vary from one company to
another, but is estimated to average 1.6 hours per response, including
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Thus the total respondent burden for
this survey is estimated at 2,160 hours, compared to 900 hours for the
previous BE-13 survey. The increase in burden hours is due to the
increase in the number of respondents expected to file.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in the
final rule should be sent to both BEA via email at
Barbara.Hubbard@bea.gov or by FAX at (202) 606-2894, and to OMB,
O.I.R.A., Paperwork Reduction Project 0608-0035, Attention PRA Desk
Officer for BEA, via email at pbugg@omb.eop.gov or by FAX at (202) 395-
7245.
Regulatory Flexibility Act
The Chief Counsel for Regulation, Department of Commerce, certified
at the proposed rule stage to the Chief Counsel for Advocacy, Small
Business Administration, under the provisions of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 605(b), that this final rule will not
have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification or the economic impact of the rule more
generally. No final regulatory flexibility analysis was prepared.
List of Subjects in 15 CFR Part 801
Economic statistics, Foreign investment in the United States,
International transactions, Penalties, Reporting and record keeping
requirements.
Dated: July 30, 2014
Brian Moyer,
Acting Director, Bureau of Economic Analysis.
For reasons set forth in the preamble, BEA amends 15 CFR part 801
as follows:
PART 801--SURVEY OF INTERNATIONAL TRADE IN SERVICES BETWEEN U.S.
AND FOREIGN PERSONS AND SURVEYS OF DIRECT INVESTMENT
0
1. The authority citation for 15 CFR part 801 continues to read as
follows:
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).
0
2. Revise Sec. 801.3 to read as follows:
[[Page 47575]]
Sec. 801.3 Reporting requirements.
Except for surveys subject to rulemaking in Sec. 801.7, reporting
requirements for all other surveys conducted by the Bureau of Economic
Analysis shall be as follows:
(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; and
(c) Persons not notified in writing of their filing obligation by
the Bureau of Economic Analysis are not required to complete the
survey.
0
3. Revise Sec. 801.4 to read as follows:
Sec. 801.4 Recordkeeping 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 essential for carrying out the surveys
and studies provided for by the Act.
0
4. Add Sec. 801.7 to read as follows:
Sec. 801.7 Rules and regulations for the BE-13, Survey of New Foreign
Direct Investment in the United States.
The BE-13, Survey of New Foreign Direct Investment in the United
States is conducted to collect data on the acquisition or establishment
of U.S. business enterprises by foreign investors and the expansion of
existing U.S. affiliates of foreign companies to establish a new
production facility. All legal authorities, provisions, definitions,
and requirements contained in Sec. Sec. 801.1 through 801.2 and
Sec. Sec. 801.4 through 801.6 are applicable to this survey. Specific
additional rules and regulations for the BE-13 survey are given in
paragraphs (a) through (d) of this section. More detailed instructions
are given on the report forms and instructions.
(a) Response required. A response is required from persons subject
to the reporting requirements of the BE-13, Survey of New Foreign
Direct Investment in the United States, contained herein, whether or
not they are contacted by BEA. Also, persons, or their agents, that are
contacted by BEA about reporting in this survey, either by sending them
a report form or by written inquiry, must respond in writing pursuant
this section. This may be accomplished by filing the properly completed
BE-13 report (BE-13A, BE-13B, BE-13C, BE-13D, BE-13E, or BE-13 Claim
for Exemption) within 45 days of being contacted.
(b) Who must report. A BE-13 report is required of any U.S. company
in which:
(1) A foreign direct investment in the United States relationship
is created;
(2) An existing U.S. affiliate of a foreign parent establishes a
new U.S. legal entity, expands its U.S. operations, or acquires a U.S.
business enterprise, or;
(3) A U.S. business enterprise that previously filed a BE-13B or
BE-13D indicating that the established or expanded entity is still
under construction. Foreign direct investment is defined as the
ownership or control by one foreign person (foreign parent) of 10
percent 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.
(c) Forms to be filed. Depending on the type of investment
transaction, U.S. affiliates shall report their information, on one of
six forms--BE-13A, BE-13B, BE-13C, BE-13D, BE-13E, or BE-13 Claim for
Exemption.
(1) Form BE-13A--Report for a U.S. business enterprise when a
foreign entity acquires a voting interest (directly, or indirectly
through an existing U.S. affiliate) in that enterprise, segment, or
operating unit and:
(i) The total cost of the acquisition is greater than $3 million;
(ii) The U.S. business enterprise will operate as a separate legal
entity, and;
(iii) By this acquisition, at least 10 percent of the voting
interest in the acquired entity is now held (directly or indirectly) by
the foreign entity.
(2) Form BE-13B--Report for a U.S. business enterprise when a
foreign entity, or an existing U.S. affiliate of a foreign entity,
establishes a new legal entity in the United States and:
(i) The projected total cost to establish the new legal entity is
greater than $3 million, and;
(ii) The foreign entity owns 10 percent or more of the new business
enterprise's voting interest (directly or indirectly).
(3) Form BE-13C--Report for an existing U.S. affiliate of a foreign
parent when it acquires a U.S. business enterprise or segment that it
then merges into its operations and the total cost to acquire the
business enterprise is greater than $3 million.
(4) Form BE-13D--Report for an existing U.S. affiliate of a foreign
parent when it expands its operations to include a new facility where
business is conducted and the projected total cost of the expansion is
greater than $3 million.
(5) Form BE-13E--Report for a U.S. business enterprise that
previously filed a BE-13B or BE-13D indicating that the established or
expanded entity is still under construction. This form will collect
updated cost information and will be collected annually until
construction is complete.
(6) Form BE-13 Claim for Not Filing--Report for a U.S. business
enterprise that:
(i) Was contacted by BEA but does not meet the requirements for
filing forms BE-13A, BE-13B, BE-13C, or BE-13D; or
(ii) Whether or not contacted by BEA, met all requirements for
filing on Forms BE-13A, BE-13B, BE-13C, or BE-13D except the $3 million
reporting threshold.
(d) Due date. The BE-13 forms are due no later than 45 days after
the acquisition is completed, the new legal entity is established, the
expansion is begun, or the cost update is requested.
[FR Doc. 2014-19256 Filed 8-13-14; 8:45 am]
BILLING CODE 3510-06-P
