Form Be 11 PDF Details

The BE-11 form, as detailed in its 2011 revision, serves a critical function in the framework of U.S. economic data collection, specifically targeting U.S. direct investment abroad. It is mandated for U.S. persons, which broadly includes individuals, business entities, and other organizations, that have direct or significant indirect ownership (at least 10%) in foreign affiliates at the end of their fiscal year 2010. The form plays a pivotal role in ensuring comprehensive data compilation for the Bureau of Economic Analysis (BEA) at the U.S. Department of Commerce, aiming to accurately map out the landscape of U.S. foreign investment. Crucially, the BE-11 form comes into play when such persons either did not receive the BE-11A form or claim exceptions based on specific criteria, such as not meeting the ownership threshold or having all foreign affiliates exempt under the survey's regulations. Each section of the BE-11 form, including the claim for not filing, is designed meticulously to gather nuanced details about the U.S. person's foreign affiliates, their financial metrics, and the nature of U.S. ownership. Should a U.S. person be exempt from filing, the form provides a pathway to document this, ensuring compliance with federal requirements while also contributing to a vast database used for economic analysis and policy formulation. The importance of compliance is underscored by severe penalties for non-reporting, ranging from civil penalties to potential imprisonment for willful failure, underscoring the government's stance on the criticality of such financial data.

QuestionAnswer
Form NameForm Be 11
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesbe11CLAIM be11 form

Form Preview Example

FORM BE-11 Claim for Not Filing (REV. 1/2011)

OMB No. 0608-0053: Approval Expires 12/31/2013

2010 ANNUAL SURVEY OF U.S. DIRECT INVESTMENT ABROAD

MANDATORY — CONFIDENTIAL

BE-11 Claim for Not Filing

BEA USE ONLY Reporter ID Number

Mail reports to: U.S. Department of Commerce Bureau of Economic Analysis, BE-69(A) Washington, DC 20230

Deliver reports to: U.S. Department of Commerce Bureau of Economic Analysis, BE-69(A) Shipping and Receiving, Section M-100 1441 L Street, NW

Washington, DC 20005

Name and address of U.S. business enterprise for which this claim is filed — If the enterprise received a Form BE-11A but is exempt from filing, enter below the Reporter name, address, and BEA assigned Identification Number (Reporter ID) from the preprinted information provided in Part I,

1, of Form BE-11A. If a Form BE-11A was not received, enter name and address.

Name and address of U.S. Reporter

Fax reports to:

(202) 606-5312

 

Assistance:

E-mail

be10/11@bea.gov

 

Telephone

(202) 606-5566

 

Copies of form

www.bea.gov

Please include your BEA Identification Number with all requests.

A BE-11, 2010 Annual Survey of U.S. Direct Investment Abroad, is required from any U.S. person that had a foreign affiliate – that is, that had direct or indirect ownership or control of at least 10 percent of the voting stock of an incorporated foreign business enterprise or an equivalent interest in an unincorporated foreign business enterprise – at the end of its 2010 fiscal year, unless all of the person’s affiliates are exempt. (The U.S. person’s 2010 fiscal year is defined to be the person’s financial reporting year that has an ending date in calendar year 2010.)

Section 806.4 of 15 CFR, Chapter VIII, requires that all persons subject to the reporting requirements of the BE-11 survey respond, whether or not they are contacted by BEA.

It also requires that all persons, or their agents, who are contacted by BEA about reporting in this survey, either by sending them report forms or by written inquiry, must respond in writing. They may respond by:

•filing the properly completed BE-11 report by May 31, 2011, as required;

•completing and returning the "BE-11 Claim for Not Filing" by May 31, 2011; or

•certifying in writing, by May 31, 2011, to the fact that the person had no direct investment within the purview of the reporting requirements of the BE-11 survey.

PERSON TO CONSULT CONCERNING QUESTIONS

CERTIFICATION — The undersigned official certifies that

ABOUT THIS REPORT — ENTER NAME AND ADDRESS

this report has been prepared in accordance with the

 

 

 

 

 

applicable instructions, is complete, and is substantially

0990

Name

 

 

 

 

 

 

accurate except that, in accordance with Part IV.E of the

 

 

 

 

 

 

 

 

 

 

INSTRUCTION BOOKLET, estimates may have been provided.

0991

Address

 

 

 

 

 

 

 

 

0992

 

 

 

 

 

 

 

 

 

 

 

 

Authorized official’s signature

 

 

Date

 

 

 

 

 

 

 

 

 

0993

 

 

 

 

0995

Print or type name and title

 

 

 

 

 

 

 

 

 

 

 

 

0994

Telephone

Area code

Number

Extension

0996 Telephone number

0997

Fax number

 

 

 

 

 

 

 

 

 

number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May fax and/or e-mail be used in correspondence between your enterprise and BEA, including faxed reports, and/or to discuss questions relating to this survey that may contain information about your company that you may consider confidential? NOTE: The internet and telephone systems are not secure means of transmitting confidential information unless it is encrypted. If you choose to communicate with BEA via fax or electronic mail, BEA cannot guarantee the security of the information during transmission, but will treat information we receive as confidential in accordance with Section 5(c) of the International Investment and Trade in Services Survey Act.

0998 E-mail:

1

 

 

 

0999 E-mail address (Please print)

1

 

Yes (If yes, please print your e-mail address.)

 

0

 

 

 

 

 

 

 

 

 

 

 

 

 

12 No

1000 Fax:

1

1

 

1001

Fax number

 

1

 

Yes (If yes, please print your fax number.)

 

 

1

 

2

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

BASIS OF CLAIM FOR NOT FILING

Mark (X) and complete either A or B

A. This U.S. person did not own or control, directly and/or indirectly, 10 percent or more of the voting securities of an incorporated foreign business enterprise, or an equivalent interest in an unincorporated foreign business enterprise (including a branch or real estate held for other than personal use) at the end of its 2010 fiscal year.

But did file the 2009 BE-10, Benchmark Survey of U.S. Direct Investment Abroad, with this Bureau.

B. This U.S. person did own or control, directly or indirectly, 10 percent or more of the voting securities of an incorporated foreign business enterprise, or an equivalent interest in an unincorporated foreign business enterprise (including a branch or real estate held for other than personal use) at the end of its 2010 fiscal year, but (Mark (X) one) –

1 None of its foreign affiliates are required to be reported on Form BE-11B, BE-11C, BE-11D, or BE-11E because all affiliates are exempt. You must complete page 3 of this claim for those affiliates for which you received

a preprinted form. See Instruction Booklet, Section I.C., for exemption criteria.

2

 

Is fully consolidated in the BE-11 report for

Name

 

 

 

 

 

 

 

another U.S. person – Give name and

 

 

 

 

 

 

address of that person and their BEA

 

 

 

 

 

 

 

 

Address – Number and street or P.O. Box

 

 

 

 

Identification Number, if known.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

State

ZIP Code

 

 

 

 

 

 

 

 

 

BEA Identification

Number

C. Other – Specify and include reference to section of regulations or instructions on which claim is based.

MANDATORY — This survey is being conducted under 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).

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.

PENALTIES — Whoever fails to report shall be subject to a civil penalty of not less than $2,500, and not more that $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 violations, 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. These civil penalties are subject to inflationary adjustments. Those adjustments are found in 15 CFR 6.4.

Remarks

Page 2

FORM BE-11 Claim for Not Filing (REV. 1/2011)

If you are claiming exemption based upon the criteria on page 2, B.1, complete the items below for those affiliates for which you received preprinted forms. Copy the foreign affiliate name and affiliate ID from the preprinted form and complete the remaining items.

1Name of foreign affiliate:

 

a. Percent ownership at close of

 

 

 

 

 

fiscal year 2010 – Enter to the

___ ___ ___

. ___

%

 

 

nearest tenth of one percent

 

 

 

 

 

 

 

 

Amount

 

 

 

 

(Thousands of U.S. dollars)

 

b. Total assets – Balance at

 

 

 

 

 

close of fiscal year

 

 

 

Affiliate ID:

c.

Annual sales or gross operating

 

 

 

 

 

 

 

revenues, excluding sales taxes . . .

d. Net income (loss) . . . . . . . . . . .

2Name of foreign affiliate:

Affiliate ID:

3Name of foreign affiliate:

Affiliate ID:

4Name of foreign affiliate:

Affiliate ID:

5Name of foreign affiliate:

Affiliate ID:

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

d. Net income (loss) . . . . . . . . . . .

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

d. Net income (loss) . . . . . . . . . . .

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

d. Net income (loss) . . . . . . . . . . .

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

d. Net income (loss) . . . . . . . . . . .

FORM BE-11 Claim for Not Filing (REV. 1/2011)

Page 3

If you are claiming exemption based upon the criteria in B.1 complete the items below for those affiliates for which you received preprinted forms. Copy the affiliate name and affiliate ID from the preprinted form and complete the remaining items.

6Name of foreign affiliate:

Affiliate ID:

7Name of foreign affiliate:

Affiliate ID:

8Name of foreign affiliate:

Affiliate ID:

9Name of foreign affiliate:

Affiliate ID:

10Name of foreign affiliate:

Affiliate ID:

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

d. Net income (loss) . . . . . . . . . . .

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

d. Net income (loss) . . . . . . . . . . .

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

d. Net income (loss) . . . . . . . . . . .

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

d. Net income (loss) . . . . . . . . . . .

a.Percent ownership at close of

fiscal year 2010 – Enter to the nearest tenth of one percent . . . . .

b.Total assets – Balance at

close of fiscal year . . . . . . . . . . .

c.Annual sales or gross operating revenues, excluding sales taxes . . .

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

___ ___ ___ . ___ %

Amount

(Thousands of U.S. dollars)

d. Net income (loss) . . . . . . . . . . .

Additional foreign affiliates should be reported on additional copied sheets.

Page 4

FORM BE-11 Claim for Not Filing (REV. 1/2011)

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