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ARTICLE · 07 JANUARY 2015

Recent Changes To The BEA Foreign Direct Investment Reporting

Ropes & Gray LLP
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The U.S. Department of Commerce, through the Bureau of Economic Analysis, requires certain U.S. entities to file annual reports of foreign direct investments with the BEA.

United StatesFinance and Banking

The U.S. Department of Commerce, through the Bureau of Economic Analysis (the "BEA"), requires certain U.S. entities (such as investment funds or their portfolio companies) to file annual reports of foreign direct investments with the BEA (the "BE-13" filing). Previously, a BE-13 filing had only been required of entities specifically contacted by the BEA. In a recent, largely unpublicized, notice published on the BEA website on November 26, 2014, the BEA announced that any entity that crosses certain reporting thresholds (a "reportable transaction") will be required to file, regardless of whether the BEA has contacted such entity. In addition to requiring prospective filing after a "reportable transaction", the BEA is requiring retroactive reporting by January 12, 2015 by any entity that crossed a reporting threshold between January 1, 2014 and November 26, 2014.

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