BE-15 Claim for Ex BE-15 Claim for Exemption

FORM

BE-15 Claim for Exemption

(REV. 2/2009)

OMB No. 0608-0034: Approval Expires xx/xx/xxxx

BEA Identification Number

MANDATORY — CONFIDENTIAL

2008 ANNUAL SURVEY OF FOREIGN DIRECT INVESTMENT IN THE UNITED STATES
CLAIM FOR EXEMPTION FROM FILING FORM BE-15A, BE-15B, OR BE-15(EZ)

DUE DATE: MAY 31, 2009
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

A. Name and address of U.S. business enterprise – If a label has been affixed,
make any changes directly on the label. If a label has not been affixed, enter the
BEA Identification Number of this U.S. affiliate, if available, in the box at the upper
right hand corner of this page.
1002 Name of U.S. affiliate
0

OR

1010 c/o (care of)
0
1003 Street or P.O. Box
0

OR
ELECTRONIC FILING: www.bea.gov/efile
OR
(202) 606-1905*
FAX REPORTS TO:
*See the NOTE at the bottom of this page if you plan to fax
your report to BEA.
Email:
ASSISTANCE: Telephone:
Copies of blank forms:
Definitions of key terms:

1004 City
0

0998 State
0

1005 ZIP Code
0

OR

Foreign Postal Code
0

B. Enter Employer Identification Number(s) used by the U.S. business

be12/15@bea.gov
(202) 606-5577
www.bea.gov/fdi
See page 4.

enterprise to file income and payroll taxes.
Primary
Other
1006 1

–

2

–

RESPONSE REQUIRED
Section 806.4 of 15 CFR, Chapter VIII, requires that all persons subject to the reporting requirements of the BE-15 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-15A, BE-15B, or BE-15(EZ) by May 31, 2009, as required;
• completing and returning the Form BE-15 Claim for Exemption From Filing Form BE-15A, BE-15B, or BE-15(EZ), by May 31, 2009;
• certifying in writing, by May 31, 2009 to the fact that the person had no direct investment within the purview of the reporting requirements of the
BE-15 survey.
WHICH SECTIONS TO COMPLETE?
Complete items A and B above, and the Person to Consult Concerning Questions About This Report and the Certification at the bottom of this page.
Also, please review the questions below to determine the additional information required.
I Were at least 10 percent of the voting rights in your business directly or indirectly owned by a foreign person or entity at the end
of your fiscal year that ended in calendar year 2008?
No – Complete item 2(a) or (b) or (c) or (e) on page 3. If your
Yes – Continue with question II below. Note: Your
business has been liquidated or dissolved, complete (a) or (b). Do
business is hereinafter referred to as a "U.S.
not complete questions II, III or IV below.
affiliate."
II Were more than 50 percent of the voting rights in this U.S. affiliate owned by another U.S. affiliate, or was this U.S. affiliate merged into
another U.S. affiliate at the end of this U.S. affiliate’s fiscal year that ended in calendar year 2008?
No – Skip to question IV below.
Yes – Yes continue with question III below.
III Will the data for this U.S. affiliate be consolidated into the 2008 BE-15 report filed for the U.S. affiliate that owns it more than 50 percent, or be
included on the 2008 BE-15 report filed for the U.S. affiliate into which it was merged?
No – Contact BEA for guidance.
Yes – Complete item 2d(1) or 2d(2) on page 3.
IV Did any one of the items – Total assets, Sales or gross operating revenues, or Net income (loss) – for the U.S. affiliate (not just the
foreign parent’s share) exceed $40 million at the end of, or for, its fiscal year that ended in calendar year 2008?
Yes – You are not eligible to file Form BE-15 Claim for Exemption
and must file either a Form BE-15A, BE-15B, or BE-15(EZ). Copies
of blank forms can be found at: www.bea.gov/fdi
MANDATORY
CONFIDENTIALITY
PENALTIES

➔

No – Complete items 1a through 1h on page 2. Do NOT complete
page 3.

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

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 where data are not available from customary accounting
records or precise data could not be obtained without undue burden.

1031 0

Date

Authorized official’s signature

1001 Telephone number
0
0999 FAX number
0

Area code

Number

Area code

Number

Extension

0990 Print or type name
0
0992 Telephone number
0

0991 Print or type title
0
0993 FAX number
0

May FAX and/or email be used in correspondence between your enterprise and BEA, including FAX’ed reports, and/or to discuss questions relating to
this survey that may contain confidential information about your company?
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.
1027

Email:

1
1

1032

FAX:

1

1

Yes (If yes, please print your email address.)

2

No

1

Yes

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1

Email address (Please print)
0
1028

2

No

BE-15 Claim for Exemption, Page 1, Pantone 470 Brown, 10%

BASIS OF CLAIM FOR EXEMPTION
Select one type of exemption -- either based on Value (#1 below) or based on one of the reasons listed under Other
Exemptions (#2 on page 3). Please check box corresponding to the type of exemption you are claiming.
1. Exemption based on Value (check box below)
0100 1 1
If item 1 is applicable, complete ALL items (1.a. through 1.h.) below.
The U.S. business enterprise was a U.S. affiliate of a foreign person at the end of its fiscal year that ended in calendar year 2008, but is
exempt from filing Form BE-15A, BE-15B, or BE-15(EZ) because, on a fully consolidated, or in the case of real estate investments, an
aggregated basis, none of the following three items for the U.S. affiliate (not just the foreign parent’s share) exceeded $40 million (positive
or negative) at the end of, or for, its fiscal year that ended in calendar year 2008:
• Total assets (do not net out liabilities);
• Sales or gross operating revenues, excluding sales taxes; and
• Net income (loss) for FY 2008, after provision for U.S. Federal, state, and local income taxes.
Rounding – Report currency amounts in U.S. dollars rounded to
thousands (omitting 000). Do not enter amounts in the
shaded portions of each line.
Example – If amount is $1,334,891.00 report as:

Bil.

Mil.

Thous. Dols.
000

Amount
Mil.
Thous. Dols.

Bil.
1

a. Total assets at the close of the fiscal year that ended
in calendar year 2008 – Do not net out liabilities.

2109

b. Sales or gross operating revenues for the fiscal year that ended in calendar
year 2008, excluding sales taxes – Do not give gross margin.
c. Net income (loss) for the fiscal year that ended in calendar year 2008, after
provision for U.S. Federal, state, and local income taxes.

$

000

1

000

2149
1

000

2159
1

1

3

d. Total liabilities at the close of the fiscal year that ended
in calendar year 2008.

000
2114 $
e. Major product(s) or service(s) of the fully consolidated domestic U.S. affiliate – Briefly describe the major product(s)
and/or service(s) of the U.S. affiliate. If a product, also state what is done to it, i.e., whether it is mined, manufactured, sold at
wholesale, transported, packaged, etc. (For example, "manufacture widgets.")

Please check box
if total liabilities
are zero.

0
1163

f. Industry code of the fully consolidated domestic U.S. affiliate – Enter the 4-digit International Surveys
Industry (ISI) code of the industry with the largest sales or gross operating revenues. For a full explanation of
each code, see the Guide to Industry Classifications for International Surveys, 2007. A copy of this guide can be
found on our web site at: www.bea.gov/naics2007

ISI Code
1
1164

g. Please enter the country of the foreign parent in the box below. The foreign parent is the FIRST person or entity outside the U.S. in a chain
of ownership that has a 10 percent or more voting interest in this U.S. affiliate. See diagram below for an illustration of foreign parent.
Country of foreign parent
BEA USE ONLY
1
3016

h. Please enter the country of the ultimate beneficial owner (UBO) in the box below. The UBO is that person or
entity, proceeding up the ownership chain beginning with and including the foreign parent, that is not more than 50
percent owned or controlled by another person or entity. See diagram below for an illustration of UBO.
Country of UBO

BEA USE ONLY
1
3022

ILLUSTRATION OF FOREIGN PARENT AND ULTIMATE BENEFICIAL OWNER (UBO)

Foreign Company X
(UBO)

Foreign Company Y is the foreign
parent but it is not the UBO because it
is more than 50 percent owned or
controlled by Foreign Company X.
Foreign Company X is the UBO.

>50 Percent
Foreign Company Y
(Foreign Parent)
Foreign

10 to 100 Percent

United States

Foreign Company Y directly owns
10 percent or more of the voting
rights of U.S. affiliate A.

U.S. affiliate A

U.S. affiliate B
NOTE: Arrows connecting boxes represent direction of ownership. In the illustration
above, if Foreign Company Y does not have at least a 10 percent indirect voting interest
in U.S. affiliate B, then U.S. affiliate B is exempt from filing Form BE-15. In addition, if
U.S. affiliate A owns more than 50 percent of U.S. affiliate B, then the data for U.S.
affiliate B should be consolidated on the BE-15 report filed for U.S. affiliate A.
FORM BE-15 Claim For Exemption (REV. 2/2009)

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U.S. affiliate B is indirectly owned
by Foreign Company Y through
U.S. affiliate A.

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BE-15 Claim For Exemption, Page 2, Pantone 470 Brown, 10%

Select one type of exemption either based on one of the reasons listed under Other Exemptions (#2 below) or
based on Value (#1 on page 2). Please check box corresponding to the type of exemption you are claiming.
This U.S. business enterprise is exempt from filing a Form BE-15A, BE-15B, or BE-15(EZ) because:
2. Other Exemptions (check box below)
(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 2008 but ceased to be a U.S. affiliate before the end of the fiscal year that ended in calendar year 2008.
Give date foreign ownership ceased or went below 10 percent, or when the business was liquidated or dissolved.
7012

Month

Day

Year

1

(b)

0110

1

1

This U.S. business enterprise was not a U.S. affiliate of a foreign person or entity at any time during calendar
year 2008 but had been a U.S. affiliate of a foreign person at some time before January 1, 2008.
Give date foreign ownership ceased or went below 10 percent, or when the business was liquidated or dissolved.
7010

Month

Day

Year

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 2008, or if a newly formed company, its first fiscal year
did not or will not end until after the end of calendar year 2008. Complete items (1) and (2) below.
(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
2008. 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 2009.
7014

Month

Day

Year

1

(d) This U.S. business enterprise was a U.S. affiliate of a foreign person or entity during the fiscal year that ended
in calendar year 2008 but was (please check appropriate box (1) or (2)):
(1) 0112 1 1
OR
(2) 0112 2 1
Fully consolidated into the
Merged into another U.S. affiliate and its
2008 BE-15 report filed for
operations are included on the 2008 BE-15
another U.S. affiliate;
report filed for the other U.S. affiliate.
On the lines below give the name, address, and BEA Identification Number of the U.S. affiliate
into which this U.S. affiliate is fully consolidated or merged.
Name
0120 0

Street or P.O. Box
0130 0

City

State
0141

0140 0

0

ZIP Code
0150 0

BEA Identification Number of the U.S. affiliate into which this U.S. affiliate is fully consolidated or merged.
7011 0

(e)

0190

1

1

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

7015 0

Remarks

FORM BE-15 Claim For Exemption (REV. 2/2009)

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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 806.
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 of this form.
Respondent Burden – Public reporting burden for this form is estimated to vary from 20 to 75
minutes per response with an average of 1 hour 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 0608-0034, 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-15 Claim For Exemption (REV. 2/2009)

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