Interpretation of Foreign Entity of Concern

On December 4, 2023, the U.S. Department of Energy (DOE or the Department) published in the Federal Register for public comment a proposed interpretive rule on DOE's interpretation of the statutory definition of "foreign entity of concern" (FEOC) in the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL), which applies to multiple programs related to the battery supply chain. This statutory definition provides that, among other criteria, a foreign entity is a FEOC if it is "owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation." In this final interpretive rule, DOE responds to public comments, clarifying the term "foreign entity of concern" by providing interpretations of the following key terms: "government of a foreign country;" "foreign entity;" "subject to the jurisdiction;" and "owned by, controlled by, or subject to the direction."