Within 45 days of formation or acquisition, a US company with more than 10% foreign-ownership must file a Form BE-13 with the US Bureau of Economic Analysis, a division of the US Department of Commerce.
The best time to file a BE-13 is right after formation, as the company starts to gear up to do business. The questionnaire does not require the company to have a federal number. The information sought is what level of investment is being made, where in the US the business will be carried out, and what industry the investment will be focused in.
There are a range of questionnaires, depending on industry and revenue. For small and medium size enterprises, most likely you will most likely just need to complete the BE-13 Claim for Exemption, but to know for sure you will need to read through the instructions and see which ones fits. Only you know your situation, so until you discuss your situation with someone who knows the requirements do not assume this is correct.
The appropriate BE-13 form is due no later than 45 calendar days after a new US business enterprises is established, the acquisition of an existing US business is completed, or an expansion of an already reported company has begun. The BEA may pursue civil penalties up to $25,000 and seek injunctive relief, and willful violations may result in criminal penalties of up to $10,000 and imprisonment for up to one year.
Here is the US government video about the BE-13 Questionnaire. In order to get accurate answers, it is confidential and the information you provide is not shared with US law enforcement or other governments. There is no filing fee if you go to the BEA Website.
The BEA website is not very user-friendly, so you may have to download the form in order to read the instructions and find out which BE-13 form you need to file. To save time and headaches, you can use our BE-13 service to help out. Having completed hundreds of these forms on behalf of existing clients, you will receive clear instructions and fast turnaround.