Form Be 12 PDF Details

The Form BE-12, bearing the title "Claim for Not Filing," is a document that originates from the Bureau of Economic Analysis (BEA) under the United States Department of Commerce, serving a crucial role for entities with foreign direct investment in the United States. This particular form is part of the 2012 Benchmark Survey of Foreign Direct Investment in the United States, a process that is both mandatory and confidential, designed to compile detailed statistics on foreign investment. Under the directive issued, entities that did not file the Form BE-12A, BE-12B, or BE-12C by the specified deadline of May 31, 2013, were required to submit the Form BE-12 as a declaration of their claim for not filing the aforementioned forms. The form outlines various scenarios under which an entity might be exempt from filing, such as changes in foreign ownership or the dissolution of the business. Additionally, this form plays a significant role in enforcing compliance with the International Investment and Trade in Services Survey Act, outlining mandatory reporting requirements, confidentiality assurances, and potential penalties for non-compliance, which ranges from civil fines to imprisonment for willful failure to report. This document also includes avenues for electronic filing or physical submission via mail, ensuring that respondents have multiple channels to fulfill their reporting obligations.

QuestionAnswer
Form NameForm Be 12
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesbea, fdi, BE-12, 2012

Form Preview Example

FORM BE-12 Claim for Not Filing (REV 3/2012)

OMB No. 0608-0042: Approval Expires 2/28/2015

BE-12 Identification Number

2012 BENCHMARK SURVEY OF FOREIGN DIRECT INVESTMENT IN THE UNITED STATES

MANDATORY — CONFIDENTIAL

CLAIM FOR NOT FILING FORM BE-12A, BE-12B, OR BE-12C

Due date: May 31, 2013

Electronic filing: www.bea.gov/efile

Mail reports to:

U.S. Department of Commerce

Bureau of Economic Analysis BE–49(A)

Washington, DC 20230

Deliver reports to:

U.S. Department of Commerce

Bureau of Economic Analysis BE–49(A) Shipping and Receiving Section, M100 1441 L Street, NW, Washington, DC 20005

Fax reports to:

(202) 606–1905*

Assistance:

E-mail: be12/15@bea.gov

Telephone: (202) 606–5577

Copies of blank forms: www.bea.gov/fdi

A. Name and address of U.S. business enterprise

1002

Name of U.S. business enterprise

 

 

 

 

 

 

0

 

 

 

 

 

 

 

 

 

 

1010

c/o (care of)

 

 

 

 

 

 

0

 

 

 

 

 

 

 

 

 

1003

Street or P.O. Box

 

 

 

 

 

 

0

 

 

 

 

 

 

 

 

 

1004

City

 

0098

State

 

 

 

0

 

 

 

 

 

 

 

 

 

 

1005

ZIP Code

Foreign Postal Code

0

Or

 

B. Enter Employer Identification Number(s) used by the U.S. business enterprise to file income and payroll taxes.

Primary

Other

Include your BE–12 Identification

 

 

 

 

 

1006

1

 

 

2

Number with all requests.

 

 

 

 

 

 

 

 

 

Response Required

Section 801.3 of 15 CFR, Chapter VIII, requires that all persons subject to the reporting requirements of the BE-12 survey respond, whether or not they are contacted by BEA. It also requires that persons who are contacted by BEA about reporting in this survey, must respond in writing. They may respond by:

•฀filing฀the฀properly฀completed฀Form฀BE-12A,฀BE-12B,฀or฀BE-12C฀by฀May฀31,฀2013;฀

•฀completing฀and฀returning฀the฀Form฀BE-12฀Claim฀for฀Not฀Filing฀Form฀BE-12A,฀BE-12B,฀or฀BE-12C,฀by฀May฀31,฀2013;฀

•฀certifying฀in฀writing,฀by฀May฀31,฀2013,฀to฀the฀fact฀that฀the฀person฀had฀no฀direct฀investment฀within฀the฀purview฀of฀the฀reporting฀requirements฀of฀the฀฀

BE-12 survey.

Mandatory Confidentiality Penalties

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). The filing of reports is mandatory and the Act provides that your report to this Bureau is confidential. Whoever fails to report may be subject to penalties. See page 4 for more details.

Person to consult concerning questions about this report — Enter name and address

1000

Name

 

 

 

 

0

 

 

 

 

 

 

 

 

1029

Address

 

 

 

 

0

 

 

 

1030

 

 

 

 

0

 

 

 

 

 

 

 

1031

 

 

 

 

0

 

 

 

 

 

 

 

1001

 

 

 

 

Telephone number

Area code

Number

Extension

 

 

0

 

 

 

 

 

 

 

 

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 estimates may have been provided.

Authorized official’s signature

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0990

Print or type name

0991

Print or type title

 

 

 

0

 

 

0

 

 

 

 

 

 

 

 

0992

Telephone number

0993

Fax number

 

 

 

0

 

 

0

 

 

 

 

 

 

 

 

May fax and/or e-mail be used in correspondence between your enterprise and BEA?

*Note — 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.

1027

1

 

E-mail: 1

 

 

1

2

 

 

Yes (If yes, enter your e-mail address) E-mail address

0

No

1028

1032

Fax:

1

1

 

 

1

2

 

 

 

Yes (If yes, enter your fax number)

Fax number

 

0

No

 

0999

WHICH SECTIONS TO COMPLETE?

Complete all items on page 1. Also, review the questions below to determine what additional information is required.

IWere at least 10 percent of the voting rights in your business enterprise directly or indirectly owned by a foreign person or entity at the end of your fiscal year that ended in calendar year 2012?

Yes – Continue with question II.

No – Complete item (a) or (b) or (c) or (d) on this page. If your business has been liquidated or dissolved, complete (a) or (b). Do not complete questions II and III.

IIWere more than 50 percent of the voting rights in this U.S. business enterprise owned by another U.S. affiliate, or was this U.S. business enterprise merged into another U.S. affiliate before the end of this U.S. business enterprise’s fiscal year that ended in calendar year 2012? Note: U.S. affiliate is defined on page 4.

Yes – Continue with question III.

No – You must file a Form BE-12A, BE-12B or BE12C. Do not complete question III. Copies of blank forms may be found at: www.bea.gov/fdi

IIIWill the data for this U.S. business enterprise be consolidated into the 2012 BE-12 report filed for the U.S. affiliate that owns it more than 50 percent, or be included on the 2012 BE-12 report filed for the U.S. affiliate into which it was merged?

Yes – Complete item (e)(1) or (e)(2) on page 3.

No – Contact BEA for guidance.

Select ONE type of exemption based on one of the reasons listed below, or on page 3.

Check box corresponding to the type of exemption you are claiming.

This U.S. business enterprise is exempt from filing a Form BE-12A, BE-12B, or BE-12C because:

(a) 0170

1

 

1

 

This U.S. business enterprise was a U.S. affiliate of a foreign person or entity at some time during calendar year 2012, but ceased to

 

 

 

 

 

 

be a U.S. affiliate before the end of the fiscal year that ended in calendar year 2012.

 

 

 

 

 

 

 

 

 

 

 

 

Give date foreign ownership ceased or went below 10 percent, or when the business was liquidated or dissolved.

 

 

 

 

 

 

 

Month

Day

Year

 

 

7012

 

 

 

 

 

 

 

1

 

 

 

 

 

 

 

 

 

 

 

 

(b) 0110

 

 

 

 

 

This U.S. business enterprise was not a U.S. affiliate of a foreign person or entity at any time during calendar year 2012, but had

1

 

1

 

 

 

 

 

 

 

been a U.S. affiliate of a foreign person at some time before January 1, 2012.

 

 

 

 

 

 

 

 

 

 

 

 

Give date foreign ownership ceased or went below 10 percent, or when the business was liquidated or dissolved.

 

 

 

 

 

 

 

Month

Day

Year

 

 

7010

 

 

 

 

 

 

 

1

 

 

 

 

 

 

 

 

 

 

 

 

(c) 0180

1

1

 

This U.S. business enterprise is a U.S. affiliate of a foreign person or entity, but became a U.S. affiliate after the end of its fiscal year

that ended in calendar year 2012, or if a newly formed company, its first fiscal year did not or will not end until after the end of calendar year 2012.

Complete items (1) and (2).

(1) Give date when the U.S. business enterprise became a U.S. affiliate of a foreign person.

7013

Month

Day

Year

1

(2)Give the ending date of the U.S. business enterprise’s fiscal year that ended in calendar year 2012. If a newly formed company, give the ending date of the U.S. business enterprise’s first fiscal year. NOTE: For a newly formed company this must be a date in calendar year 2013.

 

Month

Day

Year

7014

 

 

 

1

 

 

 

 

 

 

(d)

0160

1

This U.S. business enterprise is exempt from filing because its owners are citizens of the United States who are resident abroad as

 

 

 

a result of official employment by the U.S. Government (including the immediate family of such persons), or its owners have been and

 

 

 

 

 

 

expect to be resident abroad for less than one year.

 

FORM BE-12 Claim For Not Filing (REV 3/2012)

Page 2

(e)This U.S. business enterprise was controlled by a U.S. affiliate of a foreign person or entity during the fiscal year that ended in calendar year 2012 and is (check appropriate box (1) or (2)):

(1)

(2)

0112 1 1

0112 2 1

Fully consolidated into฀the฀2012฀BE-12฀report฀iled฀for฀that฀U.S.฀afiliate;฀฀฀

OR

Merged into, and included on the 2012 BE-12 report filed for, that U.S. affiliate.

On the lines below give the name, address, and BE-12 Identification Number of the U.S. affiliate into which this U.S. business enterprise is fully consolidated or merged.

Name

0120 0

Street or P.O. Box

0130 0

City

0140 0

 

State

 

Zip Code

0141

 

0

0150

0

 

 

 

 

 

BE-12 Identification Number of the U.S. affiliate into which this U.S. business enterprise is fully consolidated or merged

7011 0

(f) 0190 1

1

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

7015 0

Remarks

FORM BE-12 Claim For Not Filing (REV 3/2012)

Page 3

Authority – 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), and the filing of reports is MANDATORY pursuant to Section 5(b)(2) of the Act (22 U.S.C. 3104). The implementing regulations are contained in Title 15, CFR, Part 801.

Penalties – Whoever fails to report may 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. The civil penalties are subject to inflationary adjustments. Those adjustments are found in 15 CFR 6.4. 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. The control number for this survey is at the top of page 1.

Respondent Burden – Public reporting burden for this form is estimated to be average of 20 minutes 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 sug- gestions฀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 0608-0042, Washington, DC 20503.

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.

Definitions of Key Terms

Affiliate means a business enterprise located in one country that is directly or indirectly owned or controlled by a person or entity of another country to the extent of 10 percent or more of its voting stock for an incorporated business or an equivalent interest for an unincorporated business, including a branch.

Direct investment means the ownership or control, directly or indirectly, by one person or entity of 10 percent or more of the voting securities of an incorporated business enterprise or an equivalent interest in an unincorporated business enterprise.

U.S. affiliate means an affiliate located in the United States in which a foreign person or entity has a direct investment.

FORM BE-12 Claim For Not Filing (REV 3/2012)

Page 4