U.S. DOE Releases Final Interpretive Guidance on the Definition of Foreign Entity of Concern

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Final Guidance Provides Clarity on Terms that Restrict FEOCs from Clean Vehicle Tax Credits and Support Growth of Domestic Battery Materials Processing and Manufacturingits guidance interpreting the statutory definition of “foreign entity of concern” in Section 40207 of the Bipartisan Infrastructure Law .

Even as EV sales grow, the U.S. still depends on foreign sources for many of the processed critical minerals needed to produce EV batteries. Through the President’s Investing in America agenda, the Biden-Harris Administration has taken swift action to secure a reliable and sustainable battery supply chain sourced predominantly in America and allied trading partners. A key element of this action is the implementation of the FEOC provision in the BIL.

 

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