Rule2026-00691
Survey of International Trade in Services Between U.S. and Foreign Persons and Surveys of Direct Investment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 15, 2026
Effective
January 15, 2026
Issuing agencies
Commerce Department
Abstract
By this rule, the Department of Commerce is amending its regulations governing the collection of data on international trade in services and direct investment by removing certain provisions that merely restate what is clearly provided by the underlying statute and serve no meaningful purpose. The intended effect is to streamline such regulations, reduce regulatory clutter and complexity, and improve clarity for the public.
Full Text
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<title>Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026)</title>
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[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Rules and Regulations]
[Pages 1689-1692]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00691]
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DEPARTMENT OF COMMERCE
15 CFR Part 801
[Docket ID 260108-0021]
RIN 0691-AA95
Survey of International Trade in Services Between U.S. and
Foreign Persons and Surveys of Direct Investment
AGENCY: Bureau of Economic Analysis, Department of Commerce.
ACTION: Final rule.
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SUMMARY: By this rule, the Department of Commerce is amending its
regulations governing the collection of data on international trade in
services and direct investment by removing certain provisions that
merely restate what is clearly provided by the underlying statute and
serve no meaningful purpose. The intended effect is to streamline such
regulations, reduce regulatory clutter and complexity, and improve
clarity for the public.
DATES: This rule is effective on January 15, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Commerce is amending the regulations at 15 CFR
part 801, which govern the collection of data on international trade in
services and direct investment between United States and foreign
persons. These data collection programs are conducted by the Bureau of
Economic Analysis (BEA) under the authority of the International
Investment and Trade in Services Survey Act (22 U.S.C. 3101-3108) (the
Act). The regulations in this part provide a framework for various
surveys that gather comprehensive and reliable economic statistics on
international investment and trade to support U.S. commercial policy,
monitor the U.S. economy, and improve the ability of U.S. businesses to
evaluate market opportunities.
The current structure of 15 CFR part 801 was established in a final
rule published on April 24, 2012 (77 FR 24374). The primary purpose of
the 2012 rulemaking was to simplify and streamline the process by which
BEA conducts its surveys. Previously, the implementation of individual
surveys often required separate notice-and-comment rulemaking actions.
The 2012 rule created a more efficient, generalized framework by
allowing BEA to issue specific survey requirements, such as reporting
criteria and due dates, through individual notices published in the
Federal Register. BEA received no public comments on the proposed rule,
indicating general acceptance of that procedural shift. That action
also consolidated the regulatory framework by revising part 801 and
removing and reserving 15 CFR parts 806 and 807. The legal basis for
these regulations includes the Act, as well as 5 U.S.C. 301, 15 U.S.C.
4908, and Executive Orders 11961, 12318, and 12518.
Following the establishment of that framework, BEA has periodically
amended part 801 to implement or modify specific mandatory benchmark
surveys that are essential for producing accurate economic accounts.
For example, in a final rule published on August 14, 2014 (79 FR
47575), BEA reinstated the BE-13, Survey of New Foreign Direct
Investment in the United States, to gather information on the
acquisition or establishment of U.S. business enterprises by foreign
investors. Similarly, the regulations have been updated to set the
requirements for other recurring benchmark surveys, such as the BE-10,
Benchmark Survey of U.S. Direct Investment Abroad (84 FR 60915, Nov.
12, 2019) and the BE-12, Benchmark Survey of Foreign Direct Investment
in the United States (87 FR 58954, Sept. 29, 2022). To better measure
U.S. trade in services, BEA also established benchmark surveys for
specific sectors, including the BE-120 for transactions in selected
services and intellectual property (87 FR 54887, Sept. 8, 2022); the
BE-140 for insurance transactions (87 FR 54888, Sept. 8, 2022); and the
BE-180 for financial services transactions (85 FR 31052, May 22, 2020).
BEA continually refines these surveys to adapt to the evolving economy
and reduce respondent burden. These refinements often incorporate
public feedback, such as when BEA added definitions and guidance to the
BE-10 survey forms in response to requests for clarification on new
digital economy questions (84 FR 60915, Nov. 12, 2019). In that same
rulemaking, BEA also removed questions on contract manufacturing
services that were burdensome for companies to provide and not widely
used by data users.
As part of that framework, the regulations set forth general
provisions that apply to the various surveys. Section 801.1 outlines
the purpose of the regulations, stating that they provide general
information on the data collection programs and reiterate the
[[Page 1690]]
purpose of the Act, which is to collect comprehensive information with
minimal burden on respondents. Section 801.5 establishes the
confidentiality of the information collected, explicitly stating that
information collected pursuant to 22 U.S.C. 3104(c) is confidential. It
restricts access to the data to designated Federal government officials
and their contractors for analytical or statistical purposes only and
prohibits the disclosure of information in any way that could identify
an individual respondent. Section 801.6 specifies the civil and
criminal penalties for noncompliance, in accordance with 22 U.S.C.
3105. It details that failure to report may result in civil penalties
of not less than $2,500 and not more than $25,000, which are subject to
inflationary adjustments, and that willful failure to report may result
in criminal penalties, including a fine of not more than $10,000 and,
for an individual, imprisonment of not more than one year.
The Department of Commerce has determined that the second sentence
of Sec. 801.1, and Sec. Sec. 801.5 and 801.6 in their entirety, are
appropriate for removal for the reasons discussed below.
II. Discussion
This rule removes the second sentence of Sec. 801.1 and both
Sec. Sec. 801.5 and 801.6 in their entirety. The Department has
determined that each of these provisions merely restates what is
already provided by the underlying statute and serves no meaningful
purpose. By eliminating these sections, the Department aims to ensure
that the Code of Federal Regulations generally contains only essential
implementing rules and otherwise directs the public to the underlying
statutes for foundational legal requirements. This action is part of
the Department's ongoing commitment to reducing regulatory complexity
and clutter, improving the clarity and efficiency of its rules, and
recentering statutory text without any superfluous regulatory overlay.
To begin, the Department is removing Sec. 801.5, which addresses
the confidentiality of information collected through the surveys. The
Department's primary policy rationale for this change is that the
regulation is unnecessary and duplicative. The confidentiality
protections that Sec. 801.5 describes are already established with
sufficient detail and force of law directly within the Act itself at 22
U.S.C. 3104(c). That statutory provision is comprehensive and self-
executing, clearly defining who may access the data, the limited
purposes for which it may be used, and the strict prohibitions against
any disclosure that could identify a specific person or entity. Because
the statute provides a complete and legally binding framework for
confidentiality, the corresponding regulation adds no substantive
value. The removal of Sec. 801.5 streamlines the regulatory landscape
by making the statute the single, authoritative source for these
critical protections, which enhances clarity and eliminates a
superfluous regulatory layer. As a legal matter, the Department has
determined that no provision within the Act mandates the issuance of
implementing regulations for confidentiality, rendering Sec. 801.5 not
statutorily required.
Similarly, the Department is removing Sec. 801.6, which outlines
the civil and criminal penalties for failing to comply with the
reporting requirements. The policy basis for this removal is that the
regulation is redundant. Section 801.6 largely repeats the penalty
provisions already explicitly detailed in the Act at 22 U.S.C. 3105.
The statute itself clearly sets forth the fines and potential terms of
imprisonment for violations, and these provisions are self-executing,
meaning they are legally effective without any need for implementing
regulations. Restating these penalties in the Code of Federal
Regulations serves no practical purpose, provides no additional
guidance to the public, and creates unnecessary regulatory text.
Removing this section will direct the public to the statute as the
definitive source for penalty information, promoting clarity and
reducing regulatory complexity. And the Department has concluded that
this regulation is not statutorily required because the Act does not
necessitate any further rules to make its penalty provisions functional
or enforceable.
The Department is revising the introductory text of Sec. Sec.
801.7, 801.8, 801.10, 801.11, 801.12, and 801.13 to reflect the removal
of Sec. Sec. 801.5 and 801.6.
Lastly, the Department is removing certain language from Sec.
801.1, which describes the purpose of the part. Specifically, the
Department is removing the second sentence of this section. This
sentence purports to restate the purpose of the Act itself, which is
already more fully articulated by Congress in 22 U.S.C. 3101(b). The
second sentence of Sec. 801.1 is therefore, at the very least,
redundant and unnecessary. Removing this sentence makes the regulation
more concise and makes the text of the Act the single, authoritative
source of the Act's purpose.
III. Procedural Issues and Regulatory Review
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to
waive the prior notice and opportunity for public participation
requirements of the Administrative Procedure Act for this final rule.
The Department has determined that prior notice and opportunity for
public participation is unnecessary because this rule only removes
regulatory language that restates the underlying statute (and makes
minor, conforming amendments). The redundant and unnecessary nature of
the removed language is apparent and will not be affected by any public
comment. For the same reason, the Department has determined that
delaying the removal of this language for the sake of carrying out the
notice and comment process would be contrary to the public interest.
The Department therefore finds good cause to waive the public notice
and comment period under 553(b)(B) and, for reasons stated above, to
waive the 30-day delay in effectiveness under 553(d).
B. Executive Orders 12866, 14192, 13132
The Office of Management and Budget has determined this rule is not
significant pursuant to E.O. 12866. This rule is an E.O. 14192
deregulatory action. This rule does not contain policies having
federalism implications as the term is defined in E.O. 13132.
C. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public participation are not required to be given for this rule by 5
U.S.C. 553(b)(B), the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
D. Paperwork Reduction Act
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501,
et seq.
List of Subjects in 15 CFR Part 801
Administrative practice and procedure, Confidential business
information, Economic statistics, Foreign trade, Investments,
Penalties, Reporting and recordkeeping requirements.
[[Page 1691]]
Dated: January 12, 2026.
Joyce Meyer,
Under Secretary for Economic Affairs.
For the reasons set forth in the preamble, the Department amends 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 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. 801.1 to read as follows:
Sec. 801.1 Purpose.
The purpose of this part is to provide general information on
international trade in services and direct investment data collection
programs and analyses under the International Investment and Trade in
Services Survey Act (22 U.S.C. 3101 to 3108, as amended) (the Act).
Sec. 801.5 [Removed and Reserved]
0
3. Remove and reserve Sec. 801.5.
Sec. 801.6 [Removed and Reserved]
0
4. Remove and reserve Sec. 801.6.
0
5. Revise Sec. 801.7 introductory text to read as follows:
Sec. 801.7 Rules and regulations for the BE-13, Survey of New
Foreign Direct Investment in the United States.
The BE-13, Survey of New Foreign Direct Investment in the United
States, is conducted to collect data on the acquisition or
establishment of U.S. business enterprises by foreign investors and the
expansion of existing U.S. affiliates of foreign companies to establish
new facilities where business is conducted. Foreign direct investment
is defined as the ownership or control by one foreign person (foreign
parent) of 10 percent or more of the voting securities of an
incorporated U.S. business enterprise, or an equivalent interest of an
unincorporated U.S. business enterprise, including a branch. BEA will
describe the proposed information collection in a public notice and
will solicit comments according to the requirements of the Paperwork
Reduction Act (44 U.S.C. 3501-3520). All legal authorities, provisions,
definitions, and requirements contained in Sec. Sec. 801.1, 801.2, and
801.4, 22 U.S.C. 3104(c), and 22 U.S.C. 3105 are applicable to this
survey. Specific additional rules and regulations for the BE-13 survey
are given in paragraphs (a) through (d) of this section. More detailed
instructions are given on the report forms and instructions.
* * * * *
0
6. Revise Sec. 801.8 introductory text to read as follows:
Sec. 801.8 Rules and regulations for the BE-10, Benchmark Survey of
U.S. Direct Investment Abroad.
A BE-10, Benchmark Survey of U.S. Direct Investment Abroad, will be
conducted every five years and covers years ending in 4 and 9. All
legal authorities, provisions, definitions, and requirements contained
in Sec. Sec. 801.1, 801.2, and 801.4, 22 U.S.C. 3104(c), and 22 U.S.C.
3105 are applicable to this survey. Specific additional rules and
regulations for the BE-10 survey are given in paragraphs (a) through
(d) of this section. More detailed instructions are given on the report
forms and instructions.
* * * * *
0
7. Revise Sec. 801.10 introductory text to read as follows:
Sec. 801.10 Rules and regulations for BE-12, Benchmark Survey of
Foreign Direct Investment in the United States.
A BE-12, Benchmark Survey of Foreign Direct Investment in the
United States, will be conducted once every five years and covers years
ending in 2 and 7. BEA will describe the proposed information
collection in a public notice and will solicit comments accounting to
the requirements of the Paperwork Reduction Act (44 U.S.C. 3501-3520).
All legal authorities, provisions, definitions, and requirements
contained in Sec. Sec. 801.1, 801.2, and 801.4, 22 U.S.C. 3104(c), and
22 U.S.C. 3105 are applicable to this survey. Specific additional rules
and regulations for the BE-12 survey are given in paragraphs (a)
through (e) of this section. More detailed instructions are given on
the report forms and instructions.
* * * * *
0
8. Revise Sec. 801.11 introductory text to read as follows:
Sec. 801.11 Rules and regulations for the BE-120 Benchmark Survey of
Transactions in Selected Services and Intellectual Property with
Foreign Persons.
The BE-120 Benchmark Survey of Transactions in Selected Services
and Intellectual Property with Foreign Persons will be conducted once
every five years and covers years ending in 2 and 7. BEA will describe
the proposed information collection in a public notice and will solicit
comments according to the requirements of the Paperwork Reduction Act
(44 U.S.C. 3501-3520). All legal authorities, provisions, definitions,
and requirements contained in Sec. Sec. 801.1, 801.2, and 801.4, 22
U.S.C. 3104(c), and 22 U.S.C. 3105 are applicable to this survey.
Specific additional rules and regulations for the BE-120 survey are
given in this section. More detailed instructions are given on the
report form and in instructions accompanying the report form.
* * * * *
0
9. Revise Sec. 801.12 introductory text to read as follows:
Sec. 801.12 Rules and regulations for the BE-140 Benchmark Survey of
Insurance Transactions by U.S. Insurance Companies with Foreign
Persons.
The BE-140 Benchmark Survey of Insurance Transactions by U.S.
Insurance Companies with Foreign Persons will be conducted once every
five calendar years and covers years ending in 3 and 8. BEA will
describe the proposed information collection in a public notice and
will solicit comments according to the requirements of the Paperwork
Reduction Act (44 U.S.C. 3501-3520). All legal authorities, provisions,
definitions, and requirements contained in Sec. Sec. 801.1, 801.2, and
801.4, 22 U.S.C. 3104(c), and 22 U.S.C. 3105 are applicable to this
survey. Specific additional rules and regulations for the BE-140 survey
are given in this section. More detailed instructions are given on the
report form and in instructions accompanying the report form.
* * * * *
0
10. Revise Sec. 801.13 introductory text 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.
The BE-180 Benchmark Survey of Financial Services Transactions
between U.S. Financial Services Providers and Foreign Persons will be
conducted every five years and covers fiscal years ending in 4 and 9.
BEA will describe the proposed information collection in a public
notice and will solicit comments according to the requirements of the
Paperwork Reduction Act (44 U.S.C. 3501-3520). All legal authorities,
provisions, definitions, and requirements contained in Sec. Sec.
801.1, 801.2, and 801.4, 22 U.S.C. 3104(c), and 22 U.S.C. 3105 are
applicable to this survey. Specific additional rules and regulations
for the BE-180 survey are given in this section. More detailed
instructions are given on
[[Page 1692]]
the report form and in instructions accompanying the report form.
* * * * *
[FR Doc. 2026-00691 Filed 1-14-26; 8:45 am]
BILLING CODE 3510-06-P
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</html>Indexed from Federal Register on January 15, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.