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Buying, establishing and expanding are different
The Bureau of Economic Analysis (BEA) BE-13 survey concerns new foreign direct investment in the United States. Its decision tree separates acquisition, establishment and expansion. Identify the actual event, foreign ownership and voting interests, and relevant costs before choosing a form.
A fictional Singapore services group creates a modest U.S. startup with no premises. It should follow the establishment branch, not assume that the survey concerns only factory acquisitions.
The acquisition threshold is not a startup exemption
The reviewed BE-13A revision 10/2025 uses acquisition cost greater than US$40 million together with a foreign voting-interest condition. That belongs to the acquisition form, not every establishment or expansion.
Below a full-report threshold can still require the prescribed Claim for Exemption. That is a response, not doing nothing. The applicable form’s actual ownership and other conditions must be met; the startup example does not select its response here.
Do not wait for the first invoice
The recorded current decision tree states that forms are due within 45 days of the transaction. Establish the relevant event before the period passes. Later cost updates and other BEA surveys are separate from the initial BE-13 answer.
Scope
- No actual form selection, exemption or full subsequent BEA-reporting result is determined. The US$40 million condition is limited to the reviewed acquisition form.
Next step
Identify the BE-13 branch and relevant event when the investment is made, before assuming no response is needed.
Sources & review notes
Bureau of Economic Analysis
Passage, dates and research notes
official-guidance · p. 1 Who Must Report; due date
greater than $40 million
Current form read at BEA link; acquisition rule only. Do not reuse older $3m threshold from historic instructions.
Bureau of Economic Analysis
Passage, dates and research notes
official-guidance · Decision tree, transaction type, cost, deadline
All forms must be filed within 45 days
Current decision tree includes a Claim for Exemption branch. No blanket inference that below-threshold means nothing to file.
Detailed rule records (1)
BEA’s current BE-13 forms distinguish acquisitions, establishments and expansions. The current BE-13A uses acquisition cost greater than $40 million plus a foreign voting-interest condition. A below-threshold transaction can require a Claim for Exemption; inspect current form instructions.
BE-13A, revision 10/2025 Which BE-13 form should I file?Keep this reading in your learning library.
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