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ent organization and its affiliates, to the extent they are included in the Treasury foreign exchange forms. However, data covering earnings, income, fees or other charges remitted or credited, or permanent investments not includible in the Treasury forms, should be reflected in the Commerce forms.
(b) United States insurance panies. United States insurance companies should file annual reports on Form BE-5781 covering their transactions with their foreign subsidiaries or branches, or on Form BE-6061, covering their transactions with their foreign parent companies or bead offices. $ 803.4 Exemptions.
(a) United States direct investments abroad. (1) Exemption based on value of property. A reporter whose property in foreign countries otherwise subject to reporting has an aggregate value of less than $2,000,000, at the beginning of the current calendar year based on the value of holdings of securities, equity in surplus accounts, and intercompany indebtedness or net branch investment in foreign countries, is not required to report. Value is to be determined by the book value as carried on the books of the foreign organization converted into United States dollars. Reports for individual foreign subsidiaries, afiliates, or branches (other than banks) which are inactive, or have a book value of less than $25,000 at the beginning of the calendar year, can be omitted with a note to that effect. For foreign branches of banks, reports are required if either (1) the book value exceeds $25,000, or (ii) the total assets exceed $2,000,000.
(2) Certain persons exempted regardless of the amount or kind of property. Report need not be made by any person who is within any of the following categories.
(i) Members of the Armed Forces of the United States serving outside continental United States;
(ii) Citizens of the United States who permanently reside in a foreign country;
(iii) Officers or employees of foreign governments and members of the immediate families of such persons, provided they are not citizens of the United States;
(iv) Religious bodies, charitable organizations and other nonprofit organizations, except for the interests of such groups in foreign organizations conducting business for profit.
(b) Foreign direct investments in the United States-(1) Exemption based on value. If the value of a business organization (other than a U.S. branch or agency of a foreign bank) otherwise required to report is less than $2,000,000 at the beginning of the current calendar year, such a person or business organization is not required to report. The value is to be determined by the book value of the foreign owner's holdings in the securities, surplus accounts, and liability accounts of the reporter. For banks, reports are required if total assets exceed $3,000,000.
(2) Certain property exempted. Reports are not required for foreign-owned assets in the United States not employed in connection with a United States business enterprise controlled abroad. Assets of religious bodies, charitable organizations
or other non-profit organizations are exempt from reporting, except for the interest of such groups in United States enterprises primarily conducting business for profit. Real or personal property acquired for personal use or occupancy by a foreign owner is exempt from reporting. However, interests in real property in the United States acquired for business purposes by a foreign owner must be reported, except as otherwise exempted by this section.
(c) International receipts and payments of royalties, license fees, etc. Reports on Form BE-93 are not required if the respondent's annual foreign receipts and payments, combined, of the types covered by the form, are less than $25.000 in the year covered by the report. 8 803.5 General definitions.
For the purpose of these reports, the following definitions are prescribed:
(a) Person. “Person” shall include an individual, partnership, association, corporation, estate or trust or other organization.
(b) Person subject to the jurisdiction of the United States. (1) Any person ordinarily residing in the United States.
(2) Any corporation or other organization created or organized under the laws of the United States or any State, territory, district, or possession thereof.
(3) Any other resident of the United States including branches of foreign organizations, real property, leaseholds, sole proprietorships and partnerships.
(c) United States. United States shall mean the 50 States, the District of Co
lumbia, the Commonwealth of Puerto (a) The reporting organization owns Rico, and any territory or possession of 25 percent or more of the voting securithe United States.
ties, or (d) Foreign. Foreign shall mean sub (b) The reporting organization owns ject to the jurisdiction of a country less than 25 percent of the voting securiother than the United States, and when ties but affiliates, either domestic or applied to persons shall also mean not foreign, or the reporting organization ordinarily residing within the United own additional voting securities which States.
when added to the amount owned by the (e) Affiliates. (1) Any group of per reporting organization total 25 percent sons who ordinarily exercise their voting or more, or rights in a business organization as a (c) The reporting organization owns unit.
none of the voting securities but does (2) In relation to any corporation own bonds, notes, or other certificates of or other organization issuing stock or indebtedness or has direct dealings by similar securities, any person who, di exchange of merchandise or rendering rectly or indirectly, owns, controls, or services, and 25 percent or more of the holds with power to vote, 10 percent or voting securities are owned by affiliates more of the outstanding voting securi (domestic or foreign) of the reporting ties thereof.
organization. (3) As to any other organization, any (ii) Any partnership in which a perperson who owns or controls 10 percent son subject to the jurisdiction of the or more of the comparable ownership United States is one of the partners, rights therein.
whether general, special, limited, or
otherwise. Any corporation or other business or.
(iii) Branch: The interest of any perganization of which a person was an affiliate also shall be deemed to be affiliates
son subject to the jurisdiction of the
United States in property in any foreign of each other. (f) Control or controlling interest.
country allocated to or held in the name
or for the use of any branch, depot, or Control or controlling interest shall
office outside of the United States mainmean, for the statistical purposes of these reports, the direct ownership and/
tained by such person for the transaction
of any of his business. Foreign operaor indirect ownership through intermediaries or afiliates of 25 percent or
tions conducted by United States cormore of the voting securities of a cor
porations in their own names and not poration or of other ownership equities
through foreign incorporated companies
are to be reported as branch operations. in other types of organizations. Indirect control should be deemed to exist only if
(iv) Any business enterprise or real the United States parent owns 50 percent
property owned outright by a resident of
the United States. or more of the voting stock of the primary foreign corporation and it in turn
(2) "Secondary foreign organization"
shall include the following organizaowns at least 50 percent of the voting
tions: stock of the secondary foreign corpora
(i) A foreign organization allied with tion. (g) Parent. Parent shall mean any
the reporter through the ownership of at person or affiliated group of persons di
least 50 percent of its voting securities
or other certificates of ownership by a rectly owning 25 percent or more of the voting securities of a corporation or of
primary foreign organization, which in
turn is owned by the reporting organiother ownership equities in other types
zation to the extent of at least 50 percent of organizations. In some cases there
of its voting stock, giving the U.S. remay be more than one parent.
porter an ownership of at least 25 per$ 803.6 Specific definitions.
cent of the secondary foreign organiza
tion. (a) Terms relating to the reporting of
(ii) Branches of primary foreign orUnited States direct investments abroad.
ganizations located in countries other (1) Primary foreign organizations shall
than the primary organization have to be include the following organizations lo reported separately. However, branches cated in or under the jurisdiction of a or subsidiaries of a primary foreign orforeign country:
ganization located in the same country (i) Any foreign corporation of and engaged in the same type of business which
as the primary organization may be com
bined and one report submitted covering the activities of all of these organizations. The report must be a consolidated report showing the total activities of all organizations and not a report of the primary organization showing only the investment of the primary in the secondary organizations. Provide a list of all organizations included in such consolidations.
(3) “Associated" foreign organization: The ownership of at least 10 percent but less than 25 percent of the voting securities of a corporation, or an equivalent interest in an unincorporated foreign organization, held directly by the reporter and its United States affiliates, shall constitute association with that organization for the purposes of these reports. Note that separate reports are required for each "associated foreign organization.” (When the ownership of the foreign organization is 25 percent or more, either entirely by the reporter or in conjunction with affiliates, the foreign organization must be reported on Form BE-577.)
(b) Terms relating to the reporting of foregoing direct investment in the United States. (1) “Branch" shall mean an unincorporated business enterprise subject to the jurisdiction of the United States controlled by a foreign person or organization, including all assets or liabilities connected with the operations of such a branch.
(2) "Reporter” shall mean the business enterprise for which a report is required. If the enterprise is in the nature of a leasehold or real property not identifiable by name, the report may be filed on behalf of the reporter by an agent or representative of the foreign beneficial owner or by such owner. $ 803.7 Estimates.
Every question on the reporting forms which a reporter is required to use in rendering his report must be answered. If the information is not available as specified in the form, a reasonable estimate should be entered, labeled as such. If there is no basis for such an estimate, state, “unknown" with an appropriate explanation. However, if and when the information becomes available, a supple
mentary report must be filed promptly with a full explanation. $ 803.8 Space not needed.
Space not needed or inapplicable for supplying requested information should be left entirely blank. When there is nothing to report under any question state “no” or “none." § 803.9 Special filing procedures.
When data specified on the reporting forms are not available to the reporter, or when consolidation beyond that specifically provided for above would reduce reporting burden without loss of significant information, the reporter may apply to the Balance of Payments Division of the Ofice of Business Economics, United States Department of Commerce, for consideration of the specific problem. & 803.10 Number of reports.
Only the original report should be filed. 8 803.11 Time and place of filing re
ports. Reports on Forms BE-577, BE-578, BE-35, BE-578B, BE-605, BE-606 and BE-606B shall be filed on a quarterly basis within 30 days of the close of the calendar or fiscal period used by the reporter except for the final quarter of the calendar or fiscal year when reports may be filed within 45 days. Reports on Form BE-577S, BE-577A, BE-5781, BE-6061 and BE-93 shall be filed on an annual basis within 90 days of the close of the calendar or fiscal year. Reports should be sent to the Department of Commerce, Office of Business Economics, BE-50, Washington, D.C. 20230. If additional time is needed to prepare the reports, a request for an extension of time should be addressed to the above office. $ 803.12 Information regarding prepa
ration of reports. Anyone desiring information concerning these reports, or copies of forms, may apply directly to the United States Department of Commerce, Office of Business Economics, BE-50, Washington, D.C. 20230. Each reporting form contains the specific instructions needed for completion
CHAPTER IX-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
SUBCHAPTER A-GENERAL REGULATIONS
Part 903 906 907 908
SUBCHAPTER C-GENERAL REGULATIONS OF THE WEATHER BUREAU
Rules for guidance of the public.
SUBCHAPTER A-GENERAL REGULATIONS
PART 903-PUBLIC INFORMATION SOURCE: The provisions of this part 903
appear at 32 F.R. 13184, Sept. 16, 1967; 35 F.R. Sec.
19249, Dec. 19, 1970, unless otherwise noted. 903.1 Scope and purpose. 903.2 Policies.
8 903.1 Scope and purpose. 903.3 Definitions.
This part establishes the rules whereby 903.4 Publication in the FEDERAL REGISTER. 903.5
the materials specified in 5 U.S.C. 552(a) Availability of materials for inspection and copying.
(2), and the identifiable records of the 903.6
Requests for identifiable records. following organizations of the National 903.7 Determination of avallability of Oceanic and Atmospheric Administrarecords.
tion (NOAA) requested under 5 U.S.C. 303.8 Fees and charges.
552(a) (3) are to be made publicly avail903.9 Arrangements for public inspection
able: and copying of available records.
(a) The Office of the Administrator 903.10 Requests for reconsideration of nonavailability.
and the Office of the Federal Coordinator 903.11 Subpoena or other compulsory proc
for Meteorological Services and Supess.
porting Research. AUTHORITY: The provisions of this part 903
(b) The general and special staff ofissued under 5 U.S.C. 552, 553; Reorg. Plan
fices of the Administration. No. 2 of 1965, 15 U.S.C. 311 nt; 32 F.R. 9734,
(c) The National Weather Service. 31 F.R. 10752.
(d) The National Ocean Survey.