BE-13 survey, which is a mandatory reporting requirement for foreign direct investment in the U.S..

The U.S. Bureau of Economic Analysis (BEA) requires certain foreign investors to file Form BE-13 when acquiring, establishing, or expanding a U.S. business. Failing to file can lead to civil and criminal penalties.

The BE-13 survey is not a recurring or periodic report; instead, it is a one-time filing triggered by specific foreign investment activities.

• When Must the BE-13 Be Filed?

  • A U.S. business must file the BE-13 survey within 45 days after:

  • Being acquired (at least 10% ownership) by a foreign entity (BE-13A).

  • Establishing a new U.S. business with foreign ownership (BE-13B).

  • Expanding an existing U.S. business with foreign capital (BE-13D).

  • Meeting reporting exemption criteria (BE-13 Claim for Exemption).

  • If none of these events occur, the business does not need to file the BE-13.

• Foreign Investment

  • BE-13 – Exemption from foreign investment reporting in the U.S. (Less than $3 million)

  • BE-13A – Acquisition of an existing U.S. business

  • BE-13B – Establishment of a new U.S. business

  • BE-13D – Expansion of an existing U.S. business

• PENALTIES

  • CIVIL FINE – Between $4,450 and $44,539 (22 USC Sec. 3105)

  • CRIMINAL PENALTY – Up to one year in prison and $10,000 fine (22 USC Sec. 3105)