United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2024_register executive 2024-05-04 article Rules and Regulations D09002ee1c6b2a7eb D09002ee1c6b81d3a United States Department of Energy originator org United States Government Agency or Subagency 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." 89 FR 37079 https://www.govinfo.gov/app/details/FR-2024-05-06/2024-08913 2024-08913 fr06my24-2 RIN 1901-ZA02 6450-01-P https://www.govinfo.gov/app/details/FR-2024-05-06/2024-08913 https://www.govinfo.gov/content/pkg/FR-2024-05-06/html/2024-08913.htm https://www.govinfo.gov/content/pkg/FR-2024-05-06/pdf/2024-08913.pdf 13 p. 37079 37091 89 FR 37079 Title 10 Chapter 10 CFR Chapter RIN 1901-ZA02 Interpretation of Foreign Entity of Concern; Federal Register Vol. 89, Issue RULE 2024-08913 DEPARTMENT OF ENERGY 2024-05-06 6450-01-P 2024-08913 Notification of final interpretive rule.

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."

This final interpretive rule is effective May 6, 2024. Widad Whitman, U.S. Department of Energy, Office of Manufacturing and Energy Supply Chains at Email: FEOCguidance@hq.doe.gov, Telephone: (202) 586-3302. Interpretation of Foreign Entity of Concern, FEOCguidance@hq.doe.gov whitehouse.gov Vol. 89, no. 88 Office of the Federal Register, National Archives and Records Administration 2024-05-06 continuing daily deposited born digital 911 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2024-05-06 P0b002ee1c6b8150f 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr06my24 https://www.govinfo.gov/app/details/FR-2024-05-06 https://www.govinfo.gov/content/pkg/FR-2024-05-06/pdf/FR-2024-05-06.pdf https://www.govinfo.gov/content/pkg/FR-2024-05-06/xml/FR-2024-05-06.xml fdlp 37059 37964 DGPO 2024-05-04 2024-05-04 FR-2024-05-06 machine generated eng FR FR-2024-05-06 89 88