The Department of Energy is requesting industry input on its proposed guidance on identifying which foreign entities qualify as foreign entities of concern, or FEOCs, under the Bipartisan Infrastructure Law, which aims to limit the participation of FEOCs within the U.S. electronic vehicle battery production sector.
The Bipartisan Infrastructure Law defines FEOCs as entities “owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation,” DOE said Friday.
In its proposed interpretive guidance, the department clarifies the term FEOC by providing separate interpretations of key terms in the legislation’s FEOC definition.
The interpretations relate to the Bipartisan Infrastructure Law’s battery materials processing and battery manufacturing and recycling grant programs that prioritize projects with non-FEOC-based supply chains.
DOE also collaborated with the Department of the Treasury and the Internal Revenue Service to ensure that the proposed guidance is relevant to the implementation of the clean vehicle tax credit provision in the Inflation Reduction Act.
The comment period is open until Jan. 3.
