on Form BE-10B BANK, but must be listed on Form BE-10A SUPPLEMENT. Incorporated foreign bank affiliates in which the U.S. Reporter holds a direct equity interest, or an indirect equity interest of more than 50 percent, must be separately reported. All branch banks of the U.S. Reporter in a given foreign country must be consolidated on one Form BE-10B BANK even if it is the Reporter's practice to report data for these branches separately on Federal Reserve Form FR105f or on Comptroller of the Currency Form CC7610-09.

(3) A U.S. Reporter that is a bank, but that has a nonbank foreign affiliate, must file a Form BE-10A BANK for itself and a standard Form BE-10B for the nonbank foreign affiliate.

(4) A U.S. reporter that is not a bank, but that has a bank foreign affiliate, must file a standard Form BE10A for itself and a Form BE-10B BANK for the bank foreign affiliate.

(5) Banks located on U.S. military bases abroad and servicing base personnel are not considered "foreign" and a Form BE-10B BANK should not be filed for them.

(6) The specialized report forms, where thei is permitted, replace the standard forms, and the regulations and instructions should be so construed.

(f) Due date. BE-10 reports comprising both Form BE-10A and Form(s) BE-10B are due on the following dates:

June 30, 1983-U.S. Reporter required to file less than 20 Forms BE-10B

July 31, 1983-U.S. Reporter required ato file 20 to 99 Forms BE-10B August 31, 1983-U.S. Reporter required to file 100 or more Forms BE-10B

(g) Inquiries concerning the BE-10 Survey should be directed to: Bureau of Economic Analysis (BE-50, SSB), U.S. Department of Commerce, Washington, DC 20230, or phone (202) 5230632 during office hours-7:30 a.m. to 4:00 p.m. Washington, D.C. time.

(5 U.S.C. 301, 22 U.S.C. 3101-3108, and Executive Order 11961)

[48 FR 8994, Mar. 3, 1983]

§ 806.17 Rules and regulations for BE-12, Benchmark Survey of Foreign Direct Investment in the United States-1980. A BE-12, Benchmark Survey of Foreign Direct Investment in the United States will be conducted covering 1980. All legal authorities, provisions, definitions, and requirements contained in §§ 806.1 through 806.13, and § 806.15 (a) through (g) are applicable to this Survey. Specific additional rules and regulations for the BE-12 Survey are given below.

(a) Basic requirement. A BE-12 report is required for each U.S. affiliate, i.e., for each U.S. business enterprise in which a foreign person owned or controlled, directly or indirectly, 10 percent or more of the voting securities if an incorporated U.S. business enterprise, or an equivalent interest if an unincorporated U.S. business enterprise, at any time during the business enterprise's 1980 fiscal year. A business enterprise's 1980 fiscal year is the business enterprise's financial reporting year that has an ending date in calendar year 1980. For a business enterprise that does not have a financial reporting year, such as investment in unimproved real estate, or does not have a financial reporting year ending in calendar year 1980, its 1980 fiscal year is deemed to be the same as calendar year 1980. A report is required even though the foreign person's equity interest in the U.S. business enterprise may have been established, acquired, liquidated or sold during the reporting period.

(b) Exemption. A U.S. affiliate as consolidated, or aggregated in the case of real estate investments, is not required to file a BE-12 report if:

(1) Each of the following three items for the U.S. affiliate (not the foreign parent's share) was between -$1,000,000 and +$1,000,000 during the reporting period:

(i) Total assets,

(ii) Sales or gross operating revenues, excluding sales taxes, and

(iii) Net income after provision for U.S. income taxes, and

(2) The U.S. affiliate did not own 200 acres or more of U.S. land during the reporting period (if the U.S. affiliate owned 200 acres or more of U.S. land,

it must report regardless of the value of the three items listed above).

If a U.S. business enterprise is a U.S. affiliate but is not required to file a completed Form BE-12 because it falls below the exemption levels, then it must complete and file a "Claim for Not Filing a Form BE-12" with item 5 of the Claim marked and the information requested in item 5 provided. (The Claim is on the last page of the standard Form BE-12 and should be detached for filing.)

(c) Banks. A specialized report form (Form BE-12 BANK) has been adopted for U.S. affiliates that are banks (including bank holding companies), that is, for U.S. business enterprises over 50 percent of whose total revenues are generated by activities classified in industry code 600. Use of specialized Form BE-12 BANK is at the discretion of BEA; in situations where use of Form BE-12 BANK is not clearcut, permission to use it must be secured from BEA in advance of filing. Nonbank U.S. affiliates owned by a U.S. affiliate that is a bank or a bank holding company may not be consolidated on Form BE-12 BANK, but must be reported separately on a standard Form BE-12. Activities of nonbank U.S. affiliates that provide support to the parent bank company, such as a real estate subsidiary set up to hold the office building occupied by the parent company, are considered part of the bank activity. Form BE-12 BANK, where its use is permitted, stands in place of Form BE-12, and the instructions given for Form BE-12 BANK should be so construed.

(d) Due date. A completed and certified 1980 Form BE-12 must be filed with BEA not later than August 15, 1981.

(e) Inquiries concerning Form BE-12 should be directed to: U.S. Department of Commerce, Bureau of Economic Analysis (BE-50/IN), Washington, DC 20230. Telephone (202) 5230547 or (202) 523-0632.

[46 FR 30336, June 8, 1981]

§ 807.1 Public Reference Facility.

The Public Reference Facility of the Bureau of Economic Analysis is located in Room B7 of the Tower Building. 1401 K Street NW., Washington, DC 20230. The telephone number is 202523-0595. The facility is open to the public from 8:30 a.m. to 5 p.m., Monday through Friday, except legal holidays.

(5 U.S.C. 552 as amended by Pub. L. 93-502; 5 U.S.C. 553; 5 U.S.C. 301; Reorganization Plan No. 5 of 1950; and 15 CFR Part 4 of Subtitle A)

[42 FR 38574, July 29, 1977]

8 807.2 Department of Commerce rules applicable.

The rules applicable to the services provided in the facility and procedures to be followed for public inspection and copying of materials are found in Part 4 of Subtitle A of Title 15 CFR.