Foreign Investment Benchmarking Survey: Deadline Looms for U.S. Companies with Foreign Ownership

2 minute read | May.18.2023

U.S. companies with foreign ownership face a June 30 deadline to respond to a survey of foreign investment in the United States.

What is happening?

The U.S. government is conducting the 2022 Benchmark Survey of Foreign Direct Investment in the United States. Done every five years, it is the most comprehensive U.S. government foreign investment survey.

Who has to respond to the survey?

In general, any U.S. company that had covered foreign ownership in 2022 is required to submit a survey. The law requires a U.S. company to respond if at least one foreign person held, directly or indirectly, a 10%-or-more voting interest (or the equivalent) at the end of the company’s fiscal year that ended in calendar year 2022.

What if I didn’t receive a survey?

Covered companies must respond regardless of whether they received a request to do so from the agency conducting the survey, the U.S. Commerce Department’s Bureau of Economic Analysis.

How does the law define “foreign person?”

As someone who lives outside the U.S. or a person or organization subject to the jurisdiction of a country other than the United States, such as a legal entity organized under the laws of a country outside the United States.

How do I figure out if someone held a 10% or more voting interest?

To arrive at the 10%-or-more determination, account for all outstanding interest (or the equivalent) of the U.S. business enterprise. Certain private funds may be exempt from filing (if there are no operating companies owned by the private fund or between the foreign person and the private fund).

How does the U.S. government use information from the survey?

The Bureau of Economic Analysis collects data to produce economic statistics related to U.S. international investment and trade in services. The U.S. government treats survey submissions as confidential.

What’s the deadline?

Survey responses submitted online are due June 30, 2023. They are due May 31, 2023 if submitted by mail or fax.