Key Notes:

  • The Department of Commerce Bureau of Economic Analysis is conducting a five-year benchmark survey of incorporated U.S. businesses of which a foreign person or entity owns or controls, directly or indirectly, 10% or more of the voting securities (or an equivalent interest if an unincorporated U.S. business) as of the business’s 2022 fiscal year end.
  • Filing a response is mandatory under the International Investment and Trade in Services Survey Act unless the business does not meet the filing requirements. The act protects the confidentiality of the data that companies submit.
  • Qualifying U.S. businesses must file a response by May 31, 2023.

The Department of Commerce Bureau of Economic Analysis (BEA) has announced that it has initiated its five-year benchmark survey of U.S. businesses whose voting shares are 10% or more owned, directly or indirectly, by a foreign person or company. U.S. businesses that have such foreign direct investment are required to respond no later than May 31, 2023.

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Photo of David M. Schwartz David M. Schwartz

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping…

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.