Base
Proposed Rule2023-264792023-12-04

Interpretation of Foreign Entity of Concern

Energy Department

Abstract

The U.S. Department of Energy (DOE or the Department) provides this notification of proposed interpretive rule and request for public comment on its 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). 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 document, DOE proposes to clarify 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 of."

Action & Dates

Action
Notification of proposed interpretive rule; request for comments.
Dates
DOE invites stakeholders to submit written comments on its interpretation. DOE will accept comments, data, and information regarding this interpretation no later than January 3, 2024. Only comments received through one of the methods described in the ADDRESSES section will be accepted.

CFR References

Public Comment

Comments Close
2024-01-03

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Energy 10 CFR Chapter III RIN 1901-ZA02 AGENCY: Office of Manufacturing and Energy Supply Chains (MESC), U.S. Department of Energy. ACTION: Notification of proposed interpretive rule; request for comments. SUMMARY: The U.S. Department of Energy (DOE or the Department) provides this notification of proposed interpretive rule and request for public comment on its 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). 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 document, DOE proposes to clarify 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 of.” DATES: DOE invites stakeholders to submit written comments on its interpretation. DOE will accept comments, data, and information regarding this interpretation no later than January 3, 2024. Only comments received through one of the methods described in the ADDRESSES section will be accepted. ADDRESSES: Interested persons are encouraged

Read full document on FederalRegister.gov →

Full Document

Citation: 88 FR 84082