International Services Surveys: BE-180 Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons

Published date25 February 2020
Citation85 FR 10628
Record Number2020-03727
SectionProposed rules
CourtEconomic Analysis Bureau
Federal Register, Volume 85 Issue 37 (Tuesday, February 25, 2020)
[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
                [Proposed Rules]
                [Pages 10628-10632]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-03727]
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                DEPARTMENT OF COMMERCE
                Bureau of Economic Analysis
                15 CFR Part 801
                [200219-0058]
                RIN 0691-AA90
                International Services Surveys: BE-180 Benchmark Survey of
                Financial Services Transactions Between U.S. Financial Services
                Providers and Foreign Persons
                AGENCY: Bureau of Economic Analysis, Commerce.
                ACTION: Notice of proposed rulemaking.
                -----------------------------------------------------------------------
                SUMMARY: This proposed rule would amend regulations of the Department
                of Commerce's Bureau of Economic Analysis (BEA) to renew reporting
                requirements for the mandatory BE-180 Benchmark Survey of Financial
                Services Transactions between U.S. Financial Services Providers and
                Foreign Persons. This survey will apply to the 2019 fiscal reporting
                year. This mandatory benchmark survey, conducted under the authority of
                the International Investment and Trade in Services Survey Act, covers
                the universe of transactions in financial services and is BEA's most
                comprehensive survey of such transactions. For the 2019 benchmark
                survey, BEA proposes several changes in the data items collected and
                the design of the survey form.
                DATES: Comments on this proposed rule will receive consideration if
                submitted in writing on or before 5:00 p.m. April 27, 2020.
                ADDRESSES: You can submit comments, identified by RIN 0691-xxxx, and
                referencing the agency name (Bureau of Economic Analysis), by any of
                the following methods:
                 Federal eRulemaking Portal: http://www.regulations.gov.
                Follow the instructions for submitting comments. For Keyword or ID,
                enter ``EAB-2019-0003.''
                 Email: [email protected].
                 Fax: Christopher Stein, Chief, Services Surveys Branch,
                Balance of Payments Division, (301) 278-9507.
                 Mail: Christopher Stein, Chief, Services Surveys Branch
                (BE-50), Balance of Payments Division, Bureau of Economic Analysis,
                U.S. Department of Commerce, 4600 Silver Hill Rd., Washington, DC
                20233.
                 Hand Delivery/Courier: Christopher Stein, Chief, Services
                Surveys Branch (BE-50), Balance of Payments Division, Bureau of
                Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd.,
                Suitland, MD 20746.
                 Written comments regarding the burden-hour estimates or other
                aspects of the collection-of-information requirements contained in the
                proposed rule should be sent to both BEA through any of the methods
                above and to the Office of Management and Budget (OMB), OIRA, Paperwork
                Reduction Project 0608-0062, Attention PRA Desk Officer for BEA, via
                email at [email protected], or by fax at 202-395-7245.
                 Public Inspection: All comments received are a part of the public
                record and will generally be posted to http://www.regulations.gov
                without change. All personal identifying information (for example,
                name, address, etc.) voluntarily submitted by the commenter may be
                publicly accessible. Do not submit confidential business information or
                otherwise sensitive or protected information. BEA will accept anonymous
                comments (enter N/A in required fields if you wish to remain
                anonymous). Attachments to electronic comments will be accepted in
                Microsoft Word, Excel, or Adobe portable document file (pdf) formats
                only.
                FOR FURTHER INFORMATION CONTACT: Christopher Stein, Chief, Services
                Surveys Branch (BE-50), Balance of Payments Division, Bureau of
                Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd.,
                Washington, DC 20233; email [email protected] or phone (301)
                278-9189.
                SUPPLEMENTARY INFORMATION: The BE-180 Benchmark Survey of Financial
                Services Transactions between U.S. Financial Services Providers and
                Foreign Persons is a mandatory survey and is conducted once every five
                years by BEA under the authority provided by the International
                Investment and Trade in Services Survey Act (Pub. L. 94-472, 90 Stat.
                2059, 22 U.S.C. 3101-3108, as amended) (the Act), and by Section
                [[Page 10629]]
                5408 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
                4908(b)). The Act provides that data reported to BEA on this survey are
                confidential and may be used only for analytical and statistical
                purposes. Without prior written permission from the survey respondent,
                the data collected cannot be presented in a manner that allows
                individual responses to be identified. An individual respondent's
                report cannot be used for purposes of taxation, investigation, or
                regulation. Copies retained by BEA are exempt from legal process. Per
                the Federal Cybersecurity Enhancement Act of 2015 (Division N, Title
                II, Subtitle B, Pub. L. 114-113), a respondent's data are protected
                from cybersecurity risks through security monitoring of the BEA
                information systems.
                 A response is required from persons subject to the reporting
                requirements of the BE-180, whether or not they are contacted by BEA,
                to ensure complete coverage of transactions in financial services
                between U.S. persons (any individual or organization subject to the
                jurisdiction of the United States) and foreign persons.
                 In 2012, BEA established regulatory guidelines for collecting data
                on international trade in services and direct investment (77 FR 24373;
                April 24, 2012). This proposed rule, as published, would amend those
                regulations to require a response from persons subject to the reporting
                requirements of the BE-180, whether or not they are contacted by BEA.
                 The BE-180 benchmark survey is intended to cover the universe of
                financial services transactions of U.S. financial services companies
                with foreign persons and is BEA's most comprehensive survey of such
                transactions. In nonbenchmark years, the universe of estimates covering
                these transactions are derived from the sample data reported on BEA's
                BE-185 Quarterly Survey of Financial Services Transactions between U.S.
                Financial Services Providers and Foreign Persons. The BE-185 and the
                BE-180 collect similar information. BEA uses cutoff sampling for the
                BE-185, meaning that respondents must report on the BE-185 only if they
                had combined sales to foreign persons that exceeded $20 million or
                combined purchases from foreign persons that exceeded $15 million in
                any one of the 10 covered financial services transaction categories
                during fiscal year 2019. The sample of respondents that file on a
                quarterly basis throughout fiscal year 2019 will also be required to
                report on the 2019 BE-180 survey. BEA reconciles the annual data from
                the BE-180 survey with the quarterly data reported on the BE-185 survey
                by comparing quarterly to annual submissions that are typically
                completed using audited information.
                 The benchmark data, which include data from respondents not subject
                to filing on an ongoing quarterly basis, will be used, in conjunction
                with quarterly data collected on the companion BE-185 survey, to
                produce quarterly estimates of financial services transactions for
                BEA's international transactions accounts, national income and product
                accounts, and industry accounts. If this information is not collected
                on the BE-180 survey, BEA would need to expand the scope of the BE-185
                quarterly survey in order to collect additional data items and reduce
                reporting thresholds. Expanding the BE-185 quarterly survey in this way
                would result in an increased number of respondents and a measurable
                increase in the reporting burden each quarter. The data collected
                through the BE-180 are needed to monitor U.S. trade in financial
                services, to analyze the impact of U.S. trade in financial services on
                the U.S. economy and on foreign economies, to compile and improve the
                U.S. economic accounts, to support U.S. commercial policy on trade in
                services, to conduct trade promotion activities, and to improve the
                ability of U.S. businesses to identify and evaluate market
                opportunities.
                 This proposed rule would amend 15 CFR part 801 by adding new Sec.
                801.13 to set forth the reporting requirements for the BE-180 Benchmark
                Survey of Financial Services Transactions between U.S. Financial
                Services Providers and Foreign Persons. A full list of the financial
                services transactions covered by the BE-180 survey can be found in the
                regulatory text of this proposed rule in new Sec. 801.13(d). This
                includes brokerage services, underwriting and private placement
                services related to equity transactions and debt transactions,
                financial management services, credit-related services, credit card
                services, financial advisory and custody services, securities lending
                services, electronic funds transfer services, and other financial
                services.
                Description of Changes
                 The proposed changes would amend the regulations and the survey
                form for the BE-180 benchmark survey. These amendments include several
                changes in data items collected and the design of the survey form
                relative to the 2014 benchmark survey.
                 BEA proposes to change the reporting requirements for respondents
                with transactions in covered services below the threshold for mandatory
                reporting on the schedule(s) of the survey ($3 million in combined
                sales and/or purchases for fiscal year 2019). While responding to
                benchmark surveys is always mandatory, for the previous BE-180 survey,
                respondents with transactions below these thresholds were required only
                to provide a figure for total sales and/or total purchases for all
                covered transactions, combined. These respondents had the option of
                providing additional detail for each covered transaction by transaction
                type, by country, and by affiliation; such additional detail was
                voluntary rather than required. For the 2019 BE-180, however, all
                respondents, regardless of the amount of their transactions in covered
                services would be required to provide a total dollar amount for their
                sales and purchases, as applicable, by transaction type. This
                information would allow BEA to improve the accuracy of the trade
                statistics.
                 This change would impose minimal additional burden for respondents
                because the additional information to be reported is information that
                respondents would have needed to compile or estimate previously in
                order to apply the reporting requirements. Under the prior approach,
                respondents would have needed to compile or estimate the dollar amount
                of their sales to and/or purchases from foreigners by transaction type
                in order to determine if their transactions met the threshold for
                mandatory reporting on the schedules. Under the new approach, BEA would
                simply be requiring that respondents report those transaction totals.
                 BEA proposes to add five items to the survey. The changes are
                proposed in response to suggestions from data users and to allow BEA to
                more closely align its statistics with international guidelines and
                publish more information on U.S. trade in financial services.
                 The following items would be added to the BE-180 benchmark survey:
                 (1) Question to request the Legal Entity Identifier (LEI) of the
                survey respondent. Respondents would be asked to provide their
                20[hyphen]digit LEI, if they have one. Obtaining an LEI will not be
                required for the purpose of filing the survey. This information will
                assist in matching entities across databases, enabling better
                verification of data and more direct linking to other surveys and
                publicly available data.
                 (2) Questions to collect financial management transactions by type
                of account. Respondents who had financial management transactions
                during the fiscal year would be required
                [[Page 10630]]
                to disaggregate these transactions, for both sales and purchases, as
                applicable, by type of account (for example, mutual funds; pension
                funds; exchange-traded funds; private equity funds; corporate
                portfolio; individual portfolio; hedge funds; and trusts). This
                additional information can be used to better understand the nature of
                cross-border financial services transactions.
                 (3) Questions about the timing of performance fees. Respondents who
                had financial management transactions during fiscal year 2019 would be
                required to provide additional information about whether these
                transactions included fees that are tied to performance and, if so,
                about the timing of those performance fees. Respondents with
                performance fees (receipts and/or payments) during fiscal year 2019
                would be required to distribute them, in a table, based on the
                quarter(s) in which they were received and/or paid. The additional
                detail will be used to improve quarterly estimates.
                 (4) Mandatory questions to collect information on financial
                services that were conducted remotely, e.g., where both the supplier
                and the consumer were in different territories when the service is
                delivered. This information would be collected for both sales of
                services performed remotely for foreign persons and for purchases of
                services performed remotely by foreign persons. For transactions in the
                financial services categories covered by the survey, respondents would
                be required to check one of several boxes identifying the percentage of
                their transactions that were conducted remotely, and to identify if
                this information was sourced from their accounting records or from
                recall/general knowledge. Respondents would also be required to check
                one of two boxes identifying how the remainder of the services not
                reported as 100% remotely transacted were typically performed (e.g., by
                the provider traveling to the consumer or by the consumer traveling to
                the provider). This additional detail will allow BEA to break down U.S.
                financial services transactions by the various paths (modes of supply)
                businesses take to access foreign markets. This information is
                important to trade negotiators and other policymakers because trade
                agreements are structured around these modes of supply.
                 (5) A question to identify respondents engaged in transactions
                related to cryptocurrency. BEA will add a single question asking
                respondents to identify, of their 2019 cross-border financial services
                reported in the required transaction categories, any that were related
                to cryptocurrency activities. The question would identify respondents
                involved in these transactions without a significant increase in
                reporting burden and ensure accurate reporting within the existing
                transaction categories.
                 In addition to the changes described above, BEA proposes to
                redesign the format and wording of the survey. The new survey design
                would incorporate improvements that have been made to other BEA
                surveys. Some improvements are the result of a recent review conducted
                with selected survey respondents during the planning for the 2017 BE-
                120 Benchmark Survey of Transactions in Selected Services and
                Intellectual Property with Foreign Persons. BE-180 Benchmark Survey
                instructions and data item descriptions would be changed to improve
                clarity and ensure that the survey form is consistent with other BEA
                surveys.
                Executive Order 12866
                 This proposed rule has been determined to be not significant for
                purposes of Executive Order 12866. This rule is not an Executive Order
                13771 regulatory action because this rule is not significant for
                purposes of Executive Order 12866.
                Executive Order 13132
                 This proposed rule does not contain policies with Federalism
                implications sufficient to warrant preparation of a Federalism
                assessment under Executive Order 13132.
                Paperwork Reduction Act
                 This proposed rule contains a collection-of-information requirement
                subject to review and approval by the Office of Management and Budget
                (OMB) under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520
                (PRA). The requirement will be submitted to OMB for approval as a
                reinstatement, with change, of a previously approved collection under
                OMB control number 0608-0062, for which approval has expired. Surveys
                were collected for the 2014 BE-180 in calendar years 2015 and 2016. No
                survey submissions were solicited by BEA after the expiration and
                discontinuance of the collection in August of 2018.
                 Notwithstanding any other provisions of law, no person is required
                to respond to, nor shall any person be subject to a penalty for failure
                to comply with, a collection of information subject to the requirements
                of the PRA unless that collection displays a currently valid OMB
                control number.
                 The BE-180 survey, as proposed, is expected to result in the filing
                of reports from approximately 7,000 respondents. Approximately 5,500
                respondents would report mandatory data on the survey, and
                approximately 1,500 would file exemption claims. The respondent burden
                for this collection of information would vary from one respondent to
                another, but is estimated to average (1) 11 hours for the 1,875
                respondents that file mandatory or voluntary data by country and
                affiliation for relevant transaction types on the mandatory schedules;
                (2) 2 hours for the 3,625 respondents that file mandatory data by
                transaction type but not by country or affiliation; and (3) 1 hour for
                the 1,500 exemption claims. These burden-hour estimates consider time
                for reviewing instructions, searching existing data sources, gathering
                and maintaining the data needed, and completing and reviewing the
                collection of information. Thus, the total respondent burden for this
                survey is estimated at 29,375 hours, or approximately 4 hours per
                response (29,375 hours/7,000 respondents), compared to 27,500 hours, or
                about 3 hours per response (27,500 hours/8,750 respondents) for the
                2014 BE-180 benchmark survey. The increase in burden hours is due to
                estimated changes in the expected response composition of the
                respondent universe from 2014 to 2019, as well as changes in the
                content of the survey.
                 As part of its continuing effort to reduce paperwork and respondent
                burden, the Department of Commerce invites the general public and other
                Federal agencies to comment on proposed and/or continuing information
                collections, as required by the PRA. Comments are requested concerning:
                (a) Whether the proposed collection of information is necessary for the
                proper performance of the functions of the agency, including whether
                the information will have practical utility; (b) the accuracy of the
                burden estimate; (c) ways to enhance the quality, utility, and clarity
                of the information collected; and (d) ways to minimize the burden of
                the collection of information on the respondents, including the use of
                automated collection techniques or other forms of information
                technology.
                 Written comments regarding the burden-hour estimates or other
                aspects of the collection-of-information requirements contained in the
                proposed rule should be sent to both BEA and OMB following the
                instructions given in the ADDRESSES section above.
                Regulatory Flexibility Act
                 The Chief Counsel for Regulation, Department of Commerce, has
                certified to the Chief Counsel for Advocacy, Small Business
                Administration, under the provisions of the Regulatory Flexibility Act,
                5 U.S.C. 605(b), that this
                [[Page 10631]]
                proposed rulemaking, if adopted, will not have a significant economic
                impact on a substantial number of small entities. The changes proposed
                in this rule are discussed in the preamble and are not repeated here.
                 A BE-180 report would be required of any U.S. company that is a
                financial services provider who had financial services transactions,
                sales to, or purchases from foreign persons in any of the covered types
                of financial services listed in 15 CFR 801.13(d). This includes
                brokerage services, underwriting and private placement services related
                to equity transactions and debt transactions, financial management
                services, credit-related services, credit card services, financial
                advisory and custody services, securities lending services, electronic
                funds transfer services, and other financial services. While the survey
                would not collect data on total sales or other measures of the overall
                size of the respondents to the survey, historically the respondents to
                the existing quarterly survey of financial services transactions and to
                the previous benchmark surveys were mostly major U.S. corporations. A
                completed benchmark survey, as proposed, would be required from U.S.
                financial companies that had financial services transactions in any of
                the covered categories with foreign persons. For U.S. financial
                services companies that had combined sales and/or purchases
                transactions exceeding $3 million in the financial services covered by
                the survey for fiscal year 2019, a completed benchmark survey would
                include data on each of the covered types of financial services
                transactions with totals disaggregated by country and by relationship
                to the foreign transactor (foreign affiliate, foreign parent group, or
                unaffiliated). For U.S. financial services companies that had combined
                sales and/or purchases transactions of $3 million or less in the
                financial services covered by the survey for fiscal year 2019, a
                completed benchmark would include totals for each type of transaction
                in which they engaged. This abbreviated benchmark requirement would
                exclude most small businesses from mandatory reporting of detail by
                country and by affiliation. Any small businesses that would be required
                to report would likely have engaged in a small number of covered
                transactions and would be less likely to report detail by country and
                affiliation, and, therefore, would be expected to have below the
                average burden of 4 hours per response. Even if the responses for small
                businesses took the expected average burden of 4 hours per response,
                that would likely apply to a small number of transactions, and, as
                such, would not constitute a significant impact on any small business
                or other entity. Because this proposed rule would not have a
                significant economic impact on a substantial number of small entities,
                an Initial Regulatory Flexibility Analysis is not required, and none
                has been prepared.
                List of Subjects in 15 CFR Part 801
                 Economic statistics, Foreign trade, International transactions,
                Penalties, Reporting and recordkeeping requirements.
                 Dated: January 17, 2020.
                Paul W. Farello,
                Associate Director of International Economics, Bureau of Economic
                Analysis.
                 For reasons set forth in the preamble, BEA proposes to amend 15 CFR
                part 801 as follows:
                PART 801--SURVEY OF INTERNATIONAL TRADE IN SERVICES BETWEEN U.S.
                AND FOREIGN PERSONS AND SURVEYS OF DIRECT INVESTMENT
                0
                 1. The authority citation for 15 CFR part 801 continues to read as
                follows:
                 Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22 U.S.C. 3101-3108;
                E.O. 11961 (3 CFR, 1977 Comp., p. 86), as amended by E.O. 12318 (3
                CFR, 1981 Comp. p. 173); and E.O. 12518 (3 CFR, 1985 Comp. p. 348).
                0
                 2. Revise Sec. 801.3 to read as follows:
                Sec. 801.3 Reporting requirements.
                 Except for surveys subject to rulemaking in Sec. Sec. 801.7,
                801.8, 801.9, 801.10, 801.11, 801.12, and 801.13, reporting
                requirements for all other surveys conducted by the Bureau of Economic
                Analysis shall be as follows:
                 (a) Notice of specific reporting requirements, including who is
                required to report, the information to be reported, the manner of
                reporting, and the time and place of filing reports, will be published
                by the Director of the Bureau of Economic Analysis in the Federal
                Register prior to the implementation of a survey;
                 (b) In accordance with section 3104(b)(2) of title 22 of the United
                States Code, persons notified of these surveys and subject to the
                jurisdiction of the United States shall furnish, under oath, any report
                containing information which is determined to be necessary to carry out
                the surveys and studies provided for by the Act; and
                 (c) Persons not notified in writing of their filing obligation by
                the Bureau of Economic Analysis are not required to complete the
                survey.
                0
                 3. Add Sec. 801.13 to read as follows:
                Sec. 801.13 Rules and regulations for the BE-180 Benchmark Survey of
                Financial Services Transactions between U.S. Financial Services
                Providers and Foreign Persons--2019.
                 The BE-180 Benchmark Survey of Financial Services Transactions
                between U.S. Financial Services Providers and Foreign Persons will be
                conducted covering fiscal year 2019. All legal authorities, provisions,
                definitions, and requirements contained in Sec. Sec. 801.1 through
                801.2 and Sec. Sec. 801.4 through 801.6 are applicable to this survey.
                Specific additional rules and regulations for the BE-180 survey are
                given in paragraphs (a) through (e) of this section. More detailed
                instructions are given on the report form and in instructions
                accompanying the report form.
                 (a) Response required. A response is required from persons subject
                to the reporting requirements of the BE-180 Benchmark Survey of
                Financial Services Transactions between U.S. Financial Services
                Providers and Foreign Persons--2019, contained herein, whether or not
                they are contacted by BEA. Also, a person, or its agent, that is
                contacted by BEA about reporting on this survey, either by sending a
                report form or by written inquiry, must respond in writing pursuant to
                this section. This may be accomplished by:
                 (1) Completing and returning the BE-180 by the due date of the
                survey; or
                 (2) If exempt, by completing the determination of reporting status
                section of the BE-180 survey and returning it to BEA by the due date of
                the survey.
                 (b) Who must report. A BE-180 report is required of each U.S.
                person that is a financial services provider or intermediary, or whose
                consolidated U.S. enterprise includes a separately organized
                subsidiary, or part, that is a financial services provider or
                intermediary, and that had financial services transactions with foreign
                persons in the categories covered by the survey during its 2019 fiscal
                year.
                 (c) BE-180 definition of financial services provider. The
                definition of financial services provider used for this survey is
                identical to the definition of the term as used in the North American
                Industry Classification System, United States, 2012, Sector 52--Finance
                and Insurance, and holding companies that own or influence, and are
                principally engaged in making management decisions for these firms
                (part of Sector 55--Management of Companies and Enterprises). For
                example, companies and/or subsidiaries and other separable parts of
                companies in the following
                [[Page 10632]]
                industries are defined as financial services providers: Depository
                credit intermediation and related activities (including commercial
                banking, savings institutions, credit unions, and other depository
                credit intermediation); non-depository credit intermediation (including
                credit card issuing, sales financing, and other non-depository credit
                intermediation); activities related to credit intermediation (including
                mortgage and nonmortgage loan brokers, financial transactions
                processing, reserve, and clearinghouse activities, and other activities
                related to credit intermediation); securities and commodity contracts
                intermediation and brokerage (including investment banking and
                securities dealing, securities brokerage, commodity contracts and
                dealing, and commodity contracts brokerage); securities and commodity
                exchanges; other financial investment activities (including
                miscellaneous intermediation, portfolio management, investment advice,
                and all other financial investment activities); insurance carriers;
                insurance agencies, brokerages, and other insurance related activities;
                insurance and employee benefit funds (including pension funds, health
                and welfare funds, and other insurance funds); other investment pools
                and funds (including open-end investment funds, trusts, estates, and
                agency accounts, real estate investment trusts, and other financial
                vehicles); and holding companies that own, or influence the management
                decisions of, firms principally engaged in the aforementioned
                activities.
                 (d) What must be reported. (1) A U.S. person that had combined
                sales to, or purchases from foreign persons that exceeded $3 million in
                the financial services categories covered by the survey during its 2019
                fiscal year, on an accrual basis, is required to provide data on total
                sales and/or purchases of each of the covered types of financial
                services and must disaggregate the totals by country and by
                relationship to the foreign transactor (foreign affiliate, foreign
                parent group, or unaffiliated). The determination of whether a U.S.
                financial services provider is subject to this reporting requirement
                can be based on the judgment of knowledgeable persons in a company who
                can identify reportable transactions on a recall basis, with a
                reasonable degree of certainty, without conducting a detailed manual
                records search.
                 (2) A U.S. person that had combined sales to, or purchases from
                foreign persons that were $3 million or less in the financial services
                categories covered by the survey during its 2019 fiscal year, on an
                accrual basis, is required to provide the total sales and/or purchases
                for each type of transaction in which they engaged. The $3 million
                threshold for sales and purchases should be applied to financial
                services transactions with foreign persons by all parts of the
                consolidated domestic U.S. Reporter. Because the $3 million threshold
                applies separately to sales and purchases, the mandatory reporting
                requirement may apply only to sales, only to purchases, or to both.
                 (e) Voluntary reporting of financial services transactions. If,
                during fiscal year 2019, combined sales and purchases were $3 million
                or less, on an accrual basis, the U.S. person may, in addition to
                providing the required total for each type of transaction, report sales
                at a country and affiliation level of detail on the applicable
                mandatory schedule(s). The estimates can be judgmental, that is, based
                on recall, without conducting a detailed records search.
                 (f) Exemption claims. Any U.S. person that receives the BE-180
                survey form from BEA, but is not subject to the reporting requirements,
                must file an exemption claim by completing the determination of
                reporting status section of the BE-180 survey and returning it to BEA
                by the due date of the survey. This requirement is necessary to ensure
                compliance with reporting requirements and efficient administration of
                the Act by eliminating unnecessary follow-up contact.
                 (g) Covered types of financial services. Financial services covered
                by the BE-180 survey consist of transactions between U.S. financial
                services companies and foreign persons for:
                 (1) Brokerage services related to equity transactions;
                 (2) Other brokerage services;
                 (3) Underwriting and private placement services related to equity
                transactions;
                 (4) Underwriting and private placement services related to debt
                transactions;
                 (5) Financial management services;
                 (6) Credit-related services, except credit card services;
                 (7) Credit card services;
                 (8) Financial advisory and custody services;
                 (9) Securities lending services;
                 (10) Electronic funds transfer services; and
                 (11) Other financial services.
                 (h) Due date. A fully completed and certified BE-180 report, or
                qualifying exemption claim with the determination of reporting status
                section completed, is due to be filed with BEA not later than July 31,
                2020 (or by August 31, 2020 for respondents that use BEA's eFile
                system).
                [FR Doc. 2020-03727 Filed 2-24-20; 8:45 am]
                 BILLING CODE 3510-06-P
                

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