The BE-10 Benchmark Survey of U.S. Direct Investment Abroad is a mandatory survey conducted once every five years by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to obtain current economic data on direct foreign investments by U.S. persons or businesses (U.S. Reporters). The filing for the 2019 BE-10 Benchmark Survey is May 29, 2020, and is extended to June 30, 2020, for U.S. Reporters with 50 or more affiliate reports.

Below are a few helpful points:

Who must file as a U.S. Reporter? U.S. persons who, at the end of their 2019 fiscal year, owned or controlled, directly or indirectly, 10% or more of the voting stock of an incorporated foreign business enterprise, or an equivalent interest in an unincorporated foreign business enterprise, including branches (foreign affiliate), are required to file 2019 Benchmark Survey forms.

U.S. persons include individuals, partnerships, corporations, estates, trusts, or non-profit organizations resident in the U.S. or otherwise subject to U.S. jurisdiction. Certain private funds may be exempt from filing.

Is the 2019 Benchmark Survey mandatory? Yes, a U.S. Reporter must submit the forms by the applicable deadline, whether or not contacted by the BEA. If notified by the BEA that the U.S. Reporter is required to make a filing but the U.S. Reporter believes it is not subject to the 2019 BE-10 Benchmark Survey requirements, the U.S. Reporter must file “BE-10 Claim for Not Filing.” If the U.S. Reporter is not notified by the BEA and the U.S. Reporter does not meet the 2019 BE-10 Benchmark Survey filing requirements, the U.S. Reporter need not take any action. Failure to file the survey may subject a U.S. Reporter to civil and injunctive relief and a willful failure to report may result in fines or imprisonment, or both. Officers, directors, employees, or agents of a U.S. Reporter who knowingly participate in a violation may also be subject to fines or imprisonment, or both.

[View source.]