Bureau of Economic Analysis (BEA) Department of Commerce – International Surveys

BEA uses surveys to collect data about US owned business activities in other countries. The statistical results measure the direct investment abroad and the effects on the US economy and are researchable on the BEA website.

Every 5 years, the BEA requires mandatory filing for all US business enterprises in which a foreign person or entity owns, controls, directly or indirectly, more than 10% interest in a US affiliate. The filing threshold is $60 million. Depending on the assets or net income of more than $60 million through $300 million (negative or positive), specific BE forms are filed. The electronic filing deadline is June 30, 2023.

Private funds that do not own directly or indirectly an operating company are exempt from this filing. The BEA website provides flow charts and decision trees for clarification: bea.gov/surveys.

Sales of services and intellectual property of $2 million or more during 2022 to foreign persons or $1 million or more in purchases from foreign persons of intellectual property is required to file Form BE-120 by July 31, 2023. Services and intellectual property are defined as scientific, or technical, financial, information, licenses, research and development, etc. generally classified with NAICS code beginning with 3361 or 5414. This report is not required between a US entity and its foreign affiliates or between foreign affiliates and foreign persons.