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The BEA may assess civil penalties ranging from $5,580 to $55,808. However, whoever willfully fails to file a BE-12 Report could be fined up to an additional $10,000 and, if an individual, may be imprisoned for not more than one year, or both.
Required for each U.S. business enterprise owned or controlled, directly or indirectly, by a foreign person at the end of 2022. Filing requirement is NOT subject to contact by BEA.
As part of its data-gathering process, BEA makes use of a variety of surveys and other reports directed at U.S. businesses and certain individuals. Responding to these surveys is typically mandatory, and the obligation to respond applies even if the business or individual was not contacted by BEA.
Similar to the ongoing Form BE-13 filing obligations, any U.S. business entity in which a foreign parent owned at least a 10% voting interest (directly or indirectly) at the end of fiscal year 2022 must file Form BE-12.
The BE-12 form is a tool used in the United States to collect data on foreign direct investments (FDI) in the country. It is a mandatory survey that must be completed by certain U.S. companies, both residents and non-residents, that have foreign investments or are owned by foreign investors.
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Willfully failing to report can result in a fine (of not more than $10,000) and, if such nonreporting person is an individual, such individual may be imprisoned for not more than one year, or both.
As part of its data-gathering process, BEA makes use of a variety of surveys and other reports directed at U.S. businesses and certain individuals. Responding to these surveys is typically mandatory, and the obligation to respond applies even if the business or individual was not contacted by BEA.
An automatic extension is available via BEAs eFile system at .bea.gov/efile, if requested before the due date. BEA provides an eFile system for submitting the BE-12 report at .bea.gov/efile. The system allows filers to securely upload completed forms, schedules, and any necessary supporting documentation.

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