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Data / Federal rules / 2024-08913

Interpretation of Foreign Entity of Concern

The Energy Department published this final rule in the Federal Register on May 6, 2024. It took effect on May 6, 2024.

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What the agency says

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."

Key facts

Document number
2024-08913
Type
Final rule
Action
Notification of final interpretive rule
Agency
Energy Department
Published
May 6, 2024
Takes effect
May 6, 2024
Dates
This final interpretive rule is effective May 6, 2024.
Regulation ID (RIN)
1901-ZA02
Pages
13

The document on federalregister.gov PDF

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Read from the Federal Register API, last updated 2026-10-24. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.