Regulation Crowdfunding, General Rules and Regulations, 58957 [2022-21290]
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Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Rules and Regulations
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, a person, or
their agent, who is contacted by BEA
about reporting in this survey, either by
sending them a report form or by
written inquiry, must respond in writing
pursuant to this section. This may be
accomplished by filing the properly
completed BE–13 report (BE–13A, BE–
13B, BE–13D, BE–13E, or BE–13 Claim
for Exemption).
(b) Who must report. A BE–13 report
is required of any U.S. business
enterprise, except certain private funds,
see exception in paragraph (b)(4) of this
section, 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.
business enterprise, expands its U.S.
operations, or acquires a U.S. business
enterprise; or
(3) BEA requests a cost update (Form
BE–13E) for a U.S. business enterprise
that previously filed Form BE–13B or
BE–13D.
(4) Certain private funds are exempt
from reporting on the BE–13 survey. If
a U.S. business enterprise is a private
fund and does not own, directly or
indirectly, 10 percent or more of another
business enterprise that is not also a
private fund or a holding company, it is
not required to file any BE–13 report
except to indicate exemption from the
survey if contacted by BEA.
(c) Forms to be filed. Depending on
the type of investment transaction, U.S.
affiliates would report their information
on one of five forms—BE–13A, BE–13B,
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 U.S.
business enterprise including segments,
operating units, or real estate; and
(i) The total cost of the acquisition is
greater than $3 million; and
(ii) By this acquisition, the foreign
entity now owns at least 10 percent of
the voting interest (directly, or
indirectly through an existing U.S.
affiliate) in the acquired U.S. business
enterprise.
(2) Form BE–13B—report for a U.S.
business enterprise when it is
established by a foreign entity or by an
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16:48 Sep 28, 2022
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existing U.S. affiliate of a foreign parent;
and
(i) The expected total cost to establish
the new U.S. business enterprise is
greater than $3 million; and
(ii) The foreign entity owns at least 10
percent of the voting interest (directly,
or indirectly through an existing U.S.
affiliate) in the new U.S. business
enterprise.
(3) 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 expected total cost
of the expansion is greater than $3
million.
(4) Form BE–13E—report for a U.S.
business enterprise that previously filed
Form BE–13B or BE–13D. Form BE–13E
collects updated cost information and
will be collected annually for three
years after the year of the establishment
or expansion of the U.S. business
enterprise.
(5) 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, or BE–13D; or
(ii) Whether or not contacted by BEA,
met all requirements for filing Forms
BE–13A, BE–13B, or BE–13D except the
$3 million reporting threshold.
(d) Due date. The BE–13 forms are
due no later than 45 calendar days after
the acquisition is completed, the new U.
S. business enterprise is established, the
expansion is begun, the cost update is
requested, or a notification letter is
received from BEA by a U.S. business
enterprise that does not meet the filing
requirements for the survey.
§ 227.201
58957
Disclosure requirements.
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(z) Any written communication or
broadcast script provided in accordance
with § 227.206 or, if within 30 days of
the initial filing of the offering
statement, § 230.241 of this chapter.
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[FR Doc. 2022–21290 Filed 9–28–22; 8:45 am]
BILLING CODE 0099–10–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510, 515, 516, 520, 522,
524, 529, and 558
[Docket No. FDA–2022–N–0002]
New Animal Drugs; Approval of New
Animal Drug Applications; Withdrawal
of Approval of New Animal Drug
Applications; Change of Sponsor;
Change of Sponsor Name and Address
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendments.
ACTION:
Regulation Crowdfunding, General
Rules and Regulations
The Food and Drug
Administration (FDA or we) is
amending the animal drug regulations to
reflect application-related actions for
new animal drug applications (NADAs)
and abbreviated new animal drug
applications (ANADAs) during January,
February, and March 2022. FDA is
informing the public of the availability
of summaries of the basis of approval
and of environmental review
documents, where applicable. The
animal drug regulations are also being
amended to improve the accuracy of the
regulations.
DATES: This rule is effective September
29, 2022.
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary
Medicine (HFV–6), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–402–5689,
george.haibel@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
CFR Correction
I. Approvals
This rule is being published by the
Office of the Federal Register to correct
an editorial or technical error that
appeared in the most recent annual
revision of the Code of Federal
Regulations.
■ In Title 17 of the Code of Federal
Regulations, Parts 200 to 239, revised as
of April 1, 2022, amend § 227.201 by
adding paragraph (z) to read as follows:
FDA is amending the animal drug
regulations to reflect approval actions
for NADAs and ANADAs during
January, February, and March 2022, as
listed in table 1. In addition, FDA is
informing the public of the availability,
where applicable, of documentation of
environmental review required under
the National Environmental Policy Act
(NEPA) and, for actions requiring
[FR Doc. 2022–21116 Filed 9–28–22; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 227
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[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Rules and Regulations]
[Page 58957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21290]
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SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 227
Regulation Crowdfunding, General Rules and Regulations
CFR Correction
This rule is being published by the Office of the Federal Register
to correct an editorial or technical error that appeared in the most
recent annual revision of the Code of Federal Regulations.
0
In Title 17 of the Code of Federal Regulations, Parts 200 to 239,
revised as of April 1, 2022, amend Sec. 227.201 by adding paragraph
(z) to read as follows:
Sec. 227.201 Disclosure requirements.
* * * * *
(z) Any written communication or broadcast script provided in
accordance with Sec. 227.206 or, if within 30 days of the initial
filing of the offering statement, Sec. 230.241 of this chapter.
* * * * *
[FR Doc. 2022-21290 Filed 9-28-22; 8:45 am]
BILLING CODE 0099-10-P
