The U.S. Bureau of Economic Analysis recently launched the BE-13, Survey of New Foreign Direct Investment in the United States. See http://www.dorsey.com/eu-be-13-new-foreign-direct-investment-in-us/. There are civil penalties, injunctive relief and criminal penalties for failing to file BE-13 when required, so whether BE-13 needs to be filed must be determined and the obligation to file must be complied with.

Questions for companies to ask regarding acquisitions completed since January 1, 2014 (data is being collected retroactively back to January 1, 2014) and going forward include:

1. Has your company made foreign investment filings with the U.S. Bureau of Economic Analysis?

2. Has your company been contacted by the U.S. Bureau of Economic Analysis in 2014?
3. Is the total cost of the transaction greater than US$3 million and:
   • Did a foreign entity or an existing U.S. affiliate of a foreign entity acquire a voting interest in a U.S. enterprise, segment or operating unit? If yes, consider the requirements for BE-13A at https://www.bea.gov/surveys/pdf/be13/be13a-fillable.pdf; also consider the requirements for BE-13C at https://www.bea.gov/surveys/pdf/be13/be13c-fillable.pdf.
   • Did a foreign entity or an existing U.S. affiliate of a foreign entity establish a new legal entity in the United States? If yes, consider the requirements for BE-13B at https://www.bea.gov/surveys/pdf/be13/be13b-fillable.pdf.
   • Did an existing U.S. affiliate of a foreign parent acquire a U.S. business enterprise or segment that it then merge into its operations? If yes, consider the requirements for BE-13C at https://www.bea.gov/surveys/pdf/be13/be13c-fillable.pdf.
   • Did an existing U.S. affiliate of a foreign parent expand its operations to include a new facility where business is conducted? If yes, consider the requirements for BE-13D at https://www.bea.gov/surveys/pdf/be13/be13d-fillable.pdf.
   • Does the U.S. business enterprise not meet all of the above requirements? If yes, consider the requirements for BE-13 Claim for Exemption at https://www.bea.gov/surveys/pdf/be13/be13-claim-fillable.pdf.

These filings are due within 45 days after the acquisition is completed, the new legal entity is established, or the expansion is begun.