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Estimates.

805.5 Filing date.

805.6 Special filling procedures.

805.7

Where to send reports.

805.8 Confidentiality.

805.9 Penalty for refusal to file.

805.10 Information regarding preparation of reports.

AUTHORITY: 22 U.S.C. 286f and Executive Order 10033.

SOURCE: 41 FR 23392, June 10, 1976, unless otherwise noted.

$805.1 Who must report.

(a) United States person who engaged in leasing transactions with its foreign affiliates. One Form BE-580 (Leasing of Tangible Property to or from Foreign Affiliate in 1975) must be filed by a U.S. person for each foreign affiliate for which it filed a Form BE-577, BE577A, BE-578, BE-578B, or BE-5781 in 1975, and with which affiliate it engaged in lease transactions. Foreign affiliates should be consolidated as reported on Form BE-577, BE-578, BE-578B. or BE5781 for 1975.

(b) United States person who engaged in leasing transactions with its foreign parent or a foreign affiliate of its foreign parent. One Form BE-608 (Leasing of Tangible Property to or from Foreign Parent in 1975) must be filed by a U.S. person for each foreign parent or foreign affiliate of a foreign parent for which the U.S. person filed a Form BE605, BE-606, BE-606B, or BE-6061 in 1975, and with which the U.S. person had leasing transactions. The same consolidation of U.S. business enterprises should be used on this form as used on the corresponding BE-605, BE-606, BE606B, or BE-6061 for 1975.

(c) United States person, not a carrier, who leases or who manufactures

and sells reusable cargo containers to foreigners. The above person must file a report on Form BE-810 (Leasing of Reusable Cargo Containers to or from Foreign Residents in 1975). A U.S. person otherwise required to report is exempt from filing a report on Form BE-810 if the sum of both lease receipts and payments for the reporting period is less than $50,000.

(d) United States person who engaged in leasing transactions with unaffiliated foreigners. The above must file a report on Form BE-811 (Leasing of Tangible Property to or from Unaffiliated Foreigners in 1975). One Form BE811 is to be filed for each country with which the U.S. person conducted leasing transactions. A consolidated report may be filed covering all transactions with more than one unaffiliated foreigner within a country. A United States person otherwise required to report is exempt from filing Form BE-811 if, at both the beginning and end of the reporting period, the sum of the aggregated original cost of the tangible property leased to unaffiliated foreigners and the tangible property leased from unaffiliated foreigners worldwide was less $250,000.

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For the purpose of these reports, the following definitions are prescribed:

(a) United States. United States shall mean the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

(b) Foreign. Foreign shall mean that which is situated outside the United States: belonging to, characteristic of, or under the jurisdiction of a country or political entity other than the United States.

(c) U.S. Person. A U.S. person shall mean an individual, a government, a corporation, a branch, a partnership, an associated group, a joint stock company, a trust, an estate, or other entity under the jurisdiction of the United States and residing in the United States,

including its territories and possessions. (d) Associated Group. An associated group shall mean two or more U.S. persons who, by the appearance of their actions, by agreement, or by understanding, exercise their voting privileges in a concerted manner to influence the management of a foreign business enterprise. The following are deemed to be associated groups:

(1) Members of the same family. (2) A business enterprise and one or more of its officers or directors.

(3) Members of a syndicate or joint venture.

(4) A corporation and its domestic subsidiaries.

(e) Reporter. A U.S. reporter shall mean a U.S. person from whom a report is required. If the U.S. person is an enterprise that is not identifiable by name, the report may be filed on behalf of the U.S. person by an agent or representative or by the beneficial owner.

(f) Foreign Person. Foreign person shall mean any person, including U.S. persons, residing outside the United States. A person shall include an individual, partnership, association, corporation, estate, trust, or other entity created or organized under the laws of a foreign country.

(g) Foreign Parent. A foreign parent shall mean any foreign person directly and/or indirectly owning 10 percent or more of the voting securities of a U.S. corporation or of other ownership equities in other types of U.S. organizations. In some cases there may be more than one parent. (If the amounts being reported are for transactions or accounts of the U.S. reporter with a person who is not the equity owner but who is acting for the equity owner-for example, with the home office of a bank or an insurance company which itself is not the equity owner-that person shall be considered the foreign parent for purposes of the report.)

(h) Foreign Affiliate. A foreign affiliate shall mean any incorporated foreign business enterprise in which a U.S. person owns, directly and/or indirectly, 10 percent or more of the voting securities, or any unincorporated foreign business enterprise in which the U.S. person owns, directly and/or indirectly, an equivalent interest.

(1) Affiliated Foreigner. An affiliated foreigner shall mean either a foreign

affiliate of a U.S. person or a foreign parent (including foreign affiliates of the foreign parent) of a U.S. person.

(j) Unaffiliated Foreigner. An unaffiliated foreigner shall mean any foreigner who is neither a foreign affiliate of a U.S. person nor a foreign parent (including foreign affiliates of the foreign parent) of a U.S. person.

(k) Carrier. Carrier shall mean the owner of a vessel or the operator of a chartered or subchartered vessel, who enters into and carries out any form of transportation contract with the shippers of merchandise.

(1) Lease. Lease shall mean a contract by which one person gives another person the use and possession of tangible property (other than real estate) for a specified time in return for agreed-upon payments.

(1) Financial Lease shall mean a longterm lease under which a sale of the property is recognized at the inception of the lease (these may be shown as lease contracts or accounts receivable on the lessor's books). Total lease payments made pursuant to the lease agreement consist of payments of principal (return of capital), which relate to the value of the leased tangible property, and

interest.

(2) Operational Lease shall mean a lease with a term which is less than the useful life of the property. Total lease payments pursuant to the lease agreement may be viewed as consisting of depreciation (return of capital) of the leased tangible property and net rent.

NOTE: In determining whether a lease is financial or operational, reporters should use the same criteria applied in recording the lease on their books.

(m) Net Book Value. Net Book Value shall mean, under an operational lease, the original cost less the accumulated depreciation of the leased tangible property, or, under a financial lease, the amount of principal payments remaining due at any given time for the leased tangible property under the lease contract.

§ 805.3 Number of copies.

A single original copy of each form shall be filed with the Bureau of Economic Analysis.

CHAPTER IX-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

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908

Maintaining records and submitting reports on weather modifica-
tion activities.

460

911

The U.S. geostationary operational environmental satellite data col-
lection system

465

916

Uniform relocation assistance and real property acquisition poli-
cies

466

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State coastal zone management program

541

926

Coastal zone management program development grants, allocation
of funds to States

544

927

Coastal zone management program, administrative grants, allocation
of Section 306 funds to States

547

928

Coastal zone management program development grants, Outer Conti-
nental Shelf

548

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CHAPTER IX-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

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908

Maintaining records and submitting reports on weather modifica-
tion activities

460

911

The U.S. geostationary operational environmental satellite data col-
lection system

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465

916

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Uniform relocation assistance and real property acquisition poli-
cies

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466

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State coastal zone management program

541

926

Coastal zone management program development grants, allocation
of funds to States

544

927

Coastal zone management program, administrative grants, allocation
of Section 306 funds to States

547

928

Coastal zone management program development grants, Outer Conti-
nental Shelf

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