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ARTICLE · 31 DECEMBER 2014

New Reporting Requirements For Foreign Investments In The U.S.

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Non-Americans who have recently acquired or established businesses in the U.S. or intend to, should be aware of reporting requirements that have recently been reintroduced.

CanadaInternational Law
Michael Koch
Michael Koch
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Non-Americans who have recently acquired or established businesses in the U.S. or intend to, should be aware of reporting requirements that have recently been reintroduced. The United States Bureau of Economic Analysis (BEA) has reinstated a program (which was discontinued in 2009) requiring a report to be filed when a foreign direct investor acquires or establishes a U.S. business, or expands an existing U.S. business, subject to certain qualifications. The BEA defines a foreign direct investment as the direct or indirect ownership or control of 10% or more of the voting interest in a U.S. business by a foreign investor. The BEA issued six versions of the reporting form for different types of transactions. The reports focus on information concerning the facts of the transaction. For example, reporting must address the parties involved, the transaction value, and details concerning the business. Intentions concerning future activity do not need to be disclosed.

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