BE-13, Survey of New Foreign Direct Investment in the United States Common Form

Forms and Documents

Document Name	Status
Form BE-13A Survey of New Foreign Direct Investment in the United States Form and Instruction	Modified
BE-13 2025 Supporting Statement Part B.docx Supporting Statement B	2025-09-03
BE-13 2025 Supporting Statement Part A.docx Supporting Statement A	2025-09-03
Justification for NSC request 0608-0035.docx Justification for No Material/Nonsubstantive Change	2024-06-17
Notification_Letter_Example_Apr2022.pdf Supplementary Document	2022-06-09

IC Document Collections

IC ID	Document Title	Status
3714	Survey of New Foreign Direct Investment in the United States Form and Instruction	Modified

ICR Details

OMB Control No: 0608-0035	ICR Reference No: 202505-0608-002
Status: Received in OIRA	Previous ICR Reference No: 202406-0608-002
Agency/Subagency: DOC/EASA	Agency Tracking No: BE-13 2025
Title: BE-13, Survey of New Foreign Direct Investment in the United States Common Form
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  Yes
Type of Review Request: Emergency	Approval Requested By: 09/30/2025
Date Submitted to OIRA: 09/08/2025

	Requested	Previously Approved
Expiration Date	6 Months From Approved	09/30/2025
Responses	3,417	2,810
Time Burden (Hours)	2,032	3,027
Cost Burden (Dollars)	0	0

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Abstract: The BE-13, Survey of New Foreign Direct Investment in the United States, collects information on the acquisition and establishment of U.S. business enterprises by foreign investors and on expansions by existing U.S. affiliates of foreign companies. The data collected through the survey are used to measure the amount of new foreign direct investment in the United States and assess its impact on the U.S. economy. The survey also ensures complete coverage of BEA’s other foreign direct investment statistics. The survey is authorized by the International Investment and Trade in Services Survey Act.

Emergency Justfication: BEA is requesting emergency review due to extended review of the change to reporting requirements for this survey by OGC which lead to a significant decrease in burden. This extended review delayed publication of the final rule until less than 30 days before the current expiration date.

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Authorizing Statute(s): US Code: 22 USC 3101-3108 Name of Law: International Investment and Trade in Services Survey Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0691-AA94	Final or interim final rulemaking	90 FR 42533	09/03/2025

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Survey of New Foreign Direct Investment in the United States	BE-13E, BE-13D, BE-13A, BE-13B, BE-13 Claim for Exemption	Report for Acquisition of a U.S. Business Enterprise ,   Report for Establishment of a New U.S. Business Enterprise ,   Report for the Expansion of an Existing U.S. Affiliate ,   Cost Update for Projects Originally Reported on Forms BE-13B and BE-13D ,   Claim for Exemption

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,417	2,810	0	607	0	0
Annual Time Burden (Hours)	2,032	3,027	0	-995	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: BEA increased threshold for filing the BE-13 Claim for Exemption form from $3 million to $40 million and add one question to the form requesting the total cost of the acquisition, establishment, or expansion. The increased threshold for filing the claim for exemption will increase the proportion of qualifying investment activities that can be reported on the shorter BE-13 Claim for Exemption, which has estimated burden of 0.25 hours. The BE-13A, BE-13B and BE-13D forms have estimated respondent burden between 1.2 and 2.5 hours. The BE-13 survey is expected to result in the filing of approximately 3,417 reports from U.S. affiliates each year. The respondent burden for this collection of information is expected to vary because of differences in company structure, size, and complexity, but is estimated to average 0.6 hours per response. The burden includes time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Thus, the total respondent burden for this survey is estimated at 2,032 hours, compared to 3,027 hours for the previous BE-13 survey estimate. The decrease in burden hours is due to the increase in the proportion of respondents expected to file on the BE-13 Claim for Exemption.

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Annual Cost to Federal Government: $2,280,201

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  Yes

Description/Changes for Common Form Usage: 

Approved RCFs using this ICR

Agency/Sub Agency	RCF ID	RCF Title	RCF Status	IC Title

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/08/2025

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