Form BE-14 Report by a U.S. Person Who Assists or Intervenes in the

OMB Control No. 0608-0035: Approval Expires 09/30/2006
U.S. DEPARTMENT OF COMMERCE

BE-14

FORM
(REV. 12/2003)

CONTROL NUMBER

BUREAU OF ECONOMIC ANALYSIS

REPORT BY A U.S. PERSON WHO ASSISTS
OR INTERVENES IN THE ACQUISITION OF
A U.S. BUSINESS ENTERPRISE BY, OR
WHO ENTERS INTO A JOINT VENTURE
WITH, A FOREIGN PERSON
MANDATORY – CONFIDENTIAL

MAIL
REPORTS
TO

U.S. Department of Commerce
Bureau of Economic Analysis
BE-49(NI)
Washington, DC 20230

DELIVER
REPORTS
TO

U.S. Department of Commerce
Bureau of Economic Analysis, BE-49(NI)
Shipping and Receiving Section M-100
1441 L Street, NW
Washington, DC 20005

NOTE – File a single original copy of the form with
the Bureau of Economic Analysis. Retain file
copies for 3 years.

The combined public reporting burden for related Forms BE-13, BE-13 Supplement C, and BE-14 is
estimated to vary from 1 to 4 hours per response, with an average of 1.5 hours per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including suggestions for reducing this burden, to
Director, Bureau of Economic Analysis (BE-1), U.S. Department of Commerce, Washington, DC 20230; and
to the Office of Management and Budget, Paperwork Reduction Project 0608-0035, Washington, DC 20503.
Penalties – Whoever fails to report shall be subject to a civil penalty of not less than $2,500 and not more
than $25,000, and to injunctive relief commanding such person to comply, or both. Whoever willfully fails to
report shall be fined not more than $10,000 and, if an individual, may be imprisoned for not more than one
year, or both. Any officer, director, employee, or agent of any corporation who knowingly participates in such
violation, upon conviction, may be punished by a like fine, imprisonment, or both. (22 U.S.C. 3105)
Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be
subject to a penalty for failure to comply with, a collection of information subject to the requirements of the
Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number.
Part I

This report is to be completed either by –
(a) A U.S. person – including an intermediary, a real
estate broker, business broker, and a brokerage
house – who assists or intervenes in the sale to, or
purchase by, a foreign person or a U.S. affiliate of a
foreign person, of a 10 percent or more voting
interest in a U.S. business enterprise, including real
estate; or
(b) a U.S. person who enters into a joint venture with a
foreign person to create a U.S. business enterprise.
A U.S. person is required to report only when such a
foreign involvement is known; it is not incumbent
upon the U.S. person to ascertain the foreign status
of a person involved in an acquisition unless the U.S.
person has reason to believe the acquiring party may be
a foreign person.
Form BE-14 is not required if a U.S. person files Form
BE-13 relating to the acquisition of the U.S. business
enterprise by a foreign person.
PURPOSE – BE-14 reports are required in order to
identify new foreign direct investments in the United States.
MANDATORY – This survey is being conducted
pursuant to the International Investment and Trade in
Services Survey Act (P.L. 94–472, 90 Stat. 2059, 22 U.S.C.
3101–3108 as amended – hereinafter, "the Act"), and the
filing of reports is mandatory under Section 5(b)(2) of the
Act (22 U.S.C. 3104). The implementing regulations are
contained in Title 15 CFR, Part 806.

Street or PO Box

City and State

This report is being completed by (Mark (X) one)
Complete Part II

3. A U.S. person entering into a joint venture with a
foreign person to create a U.S. business enterprise

Complete Part III (See Page 2)

Part II

INFORMATION RELATED TO PURCHASE OR SALE TRANSACTION
This Part is to be completed only if item 2, Part I above, was marked.
4. Name and address of U.S. business enterprise that is being acquired by the
foreign person, or by an existing U.S. affiliate of a foreign person. (If the enterprise
is land held for investment and there is no operating enterprise, and if you mark "No" in
item 5 below, enter the name and address of U.S. person acting as agent or
other intermediary of the foreign person on a continuing basis, together with sufficient
information to identify the property.)
Name of U.S. business enterprise

Street or PO Box

City and State

DUE DATE – Form BE-14 is due no later than 45 days
after the direct investment transaction occurs.

City and State

7. Date transaction was completed

Month

Day

Year

Mil.

Thous.

Dols.

Yes

No

Bil.

8. Value of transaction based on your
records, rounded to thousands of U.S. dollars.
$
9. If the answer to item 5 is "Yes," should future
report forms be sent to you for completion?

CERTIFICATION — The undersigned official certifies that this report has been
prepared in accordance with the applicable instructions, is complete, and is substantially
accurate except that, in accordance with III.G. of the Instructions, estimates have
been provided where data are not available from customary accounting records or precise
data could not be obtained without undue burden.

Address

FAX NUMBER

ZIP Code

Country

1000 1

TELEPHONE
NUMBER

Date

Authorized official’s signature
1001

1

Area code

2

Number

4

Area code

5

Number

May we use e-mail to correspond with you to discuss questions relating
to this Form BE-14, including questions that may contain information
about this transaction that you may consider confidential? (Note that
electronic mail is not inherently confidential; we will treat information we
receive as confidential, but your e-mail is not necessarily secure against
interception by a third party.)

3

Extension

Print or type name and title
Telephone number

1027

1

1

FAX number
E-mail address

1

Yes — If yes, please
provide your e-mail
address.

2

No

1

1028

CONTINUE ON REVERSE SIDE

Base prints blue 289

No

Street or PO Box

PERSON TO CONSULT CONCERNING QUESTIONS ABOUT THIS
REPORT — Enter name and address
Name

Yes

6. Give name and address of purchaser – Include country if purchaser is a foreign person.
Name of purchaser

Real Estate – The ownership of real estate is a business
enterprise, and if the real estate is foreign owned, it is a
U.S. affiliate of a foreign person. However:

• Ownership of U.S. residential real estate by a corporation
whose sole purpose is to hold the real estate for the
personal use of the owner(s) of the corporation is
considered to be real estate held for personal use and not
subject to the reporting requirements.
ASSISTANCE – Telephone (202) 606–5577 or
FAX (202) 606–5319.

ZIP Code

5. Do you have a continuing relationship with the foreign
person, or U.S. affiliate of the foreign person, concerning
this specific investment (such as being a manager,
overseer, rental agent, etc., of the investment)?

EXEMPTIONS – If the U.S. business enterprise acquired
has total assets of, or if the capitalization (including loans from
the joint venturers) of the joint venture to be established is,
$3,000,000 or less, then no report is required, provided the
enterprise does not own 200 acres or more of U.S. land. (If it
owns 200 acres or more of U.S. land, a report is required
regardless of the value of total assets.)

• Residential real estate held exclusively for personal use
and not for profitmaking purposes is not subject to the
reporting requirements. A residence which is an owner’s
primary residence that is then leased by the owner while
outside the United States, but which the owner intends to
reoccupy, is considered real estate held for personal use.

ZIP Code

2. A U.S. person assisting or intervening in a purchase
or sale of a U.S. business enterprise

This report has been approved by the Office of
Management and Budget under the Paperwork Reduction
Act (44 U.S.C. 3501, et. seq.).
Confidentiality – The Act provides that your report to
this Bureau is CONFIDENTIAL, and may be used only for
analytical or statistical purposes. Without your prior
written permission, the information filed in your report
CANNOT be presented in a manner that allows it to be
individually identified. Your report CANNOT be used for
purposes of taxation, investigation, or regulation. Copies
retained in your files are immune from legal process.

IDENTIFICATION OF PERSON FILING REPORT

1. Name and address of U.S. person assisting or intervening in the sale to, or
purchase by, a foreign person of a U.S. business enterprise, or entering into a
joint venture with a foreign person.
Name of U.S. person

BE-14, Page 1, tone 10% blue 289

Part II

INFORMATION RELATED TO PURCHASE OR SALE TRANSACTION – Continued

Complete only if item 2,
Part I, was marked.

Name

10. If the answer to item 9 is "No,"
Street or PO Box
give name and address of person who
should receive the report forms.
ZIP Code

City and State

Part III INFORMATION RELATED TO JOINT VENTURE – Complete items 11 through 14 only if item 3, Part I, was marked.
11. Name and address, including
country, of foreign person
that joint venture is with

Name of foreign person

Street or PO Box

ZIP Code

City and State

Country

12. Name and address of U.S.
business enterprise created

Name of U.S. business enterprise

Street or PO Box

City and State

13. Foreign person’s percent
of voting ownership
in joint venture
14. Name and address to which
future report forms for the
joint venture should be
sent

ZIP Code

.

%

Name

Street or PO Box

City and State

ZIP Code

Determining Whether an Individual is a Foreign
Person or a U.S. Person Based on Residence
An individual will be considered a resident of, and subject to the
jurisdiction of, the country in which physically located. The
following guidelines apply to individuals who do not reside in their
country of citizenship:

DEFINITIONS – Continued
E. Direct investment means the ownership or control, directly or indirectly,
by one person of 10 per centum or more of the voting securities of an
incorporated business enterprise or an equivalent interest in an
unincorporated business enterprise.

(a) Individuals who reside, or expect to reside, outside their country
of citizenship for less than one year are considered to be
residents of their country of citizenship.
(b) Individuals who reside, or expect to reside, outside their country
of citizenship for one year or more are considered to be
residents of the country in which they are residing, except as
provided in (c) below.
(c) If an owner or employee of a business enterprise resides outside
the country of location of the enterprise for one year or more for
the purpose of furthering the business of the enterprise, and the
country of the business enterprise is the country of citizenship of
the owner or employee, then the owner or employee is
considered a resident of the country of citizenship provided he or
she intends to return within a reasonable period of time.
(d) Individuals and members of their immediate families who reside
outside their country of citizenship as a result of employment by
the government of that country – diplomats, consular officials,
members of the armed forces, etc. – are considered to be
residents of their country of citizenship.
DEFINITIONS
A. United States, when used in a geographic sense, means the several
States, the District of Columbia, the Commonwealth of Puerto Rico, and all
territories and possessions of the United States.
B. Foreign, when used in a geographic sense, means that which is situated
outside the United States or which belongs to or is characteristic of a
country other than the United States.
C. Person means any individual, branch, partnership, associated group,
association, estate, trust, corporation, or other organization (whether or not
organized under the laws of any State), and any government (including a
foreign government, the United States Government, a State or local
government, and any agency, corporation, financial institution, or other
entity or instrumentality thereof, including a government-sponsored
agency).
D. Foreign person means any person resident outside the United States or
subject to the jurisdiction of a country other than the United States.

FORM BE-14 (REV. 12/2003)

Base prints Blue 289

F. Foreign direct investment in the United States means the
ownership or control, directly or indirectly, by one foreign person of 10 per
centum or more of the voting securities of an incorporated U.S. business
enterprise or an equivalent interest in an unincorporated U.S. business
enterprise, including a branch.
G. Branch means the operations or activities conducted by a person in a
different location in its own name rather than through an incorporated
entity.
H. Affiliate means a business enterprise located in one country which is
directly or indirectly owned or controlled by a person of another country to
the extent of 10 per centum or more of its voting stock for an incorporated
business or an equivalent interest for an unincorporated business,
including a branch.
I. U.S. affiliate means an affiliate located in the United States in which a
foreign person has a direct investment.
J. Foreign parent means the first foreign person in the ownership chain of
the U.S. affiliate.
K. U.S. corporation means a business enterprise incorporated in the
United States.
L. Business enterprise means any organization, association, branch or
venture which exists for profitmaking purposes or to otherwise secure
economic advantage, and any ownership of any real estate.
M. Intermediary means an agent, nominee, manager, custodian, trust, or
any person acting in a similar capacity.
N. Associated group means two or more persons who, by the appearance
of their actions, by agreement, or by an understanding, exercise their
voting privileges in a concerted manner to influence the management of a
business enterprise. Each of the following are deemed to be an associated
group –
(1)
(2)
(3)
(4)

Members of the same family,
A business enterprise and one or more of its officers and directors,
Members of a syndicate or joint venture, or
A corporation and its domestic subsidiaries.

Page 2

BE-14, Page 2, tone 10% Blue 289