- The BEA requires all U.S. persons that own or control more than 10 percent of the voting securities of a “foreign” business enterprise to file a report on its BE-10 Benchmark Survey of U.S. Direct Investment Abroad for the fiscal year 2019.

- Although private funds are generally subject to the reporting requirements, private funds meeting the conditions described below are exempt from reporting.

- Form BE-10 is due by May 29, 2020, for respondents reporting fewer than 50 foreign affiliate forms (as discussed below) and June 30, 2020, for 50 or more forms.

- Official BE-10 forms and instructions can be found... on the BEA website.

Purpose and Applicability -

The BE-10, Benchmark Survey of U.S. Direct Investment Abroad (the “BE-10 Survey”), is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce under the International Investment and Trade in Services Survey Act (the “Act”). The purpose of the BE-10 Survey is to obtain economic data—financial and operating characteristics—of, and information on positions and transactions between, U.S. parent companies and their foreign affiliates. The scope of the form also captures investment funds, both as reporting persons and as foreign affiliates of a reporting person, if they directly or indirectly own more than 10 percent of the voting securities (a “Direct Investment”) of a foreign operating company. The BE-10 Survey collects a large amount of information regarding the Direct Investment and “enterprise-level information” regarding the business enterprise in which the Direct Investments were made.