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:

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

For additional information, please contact krasnow.melissa dorsey.com.