Administration defines “Foreign Entity of Concern” with implications for EV batteries under the IRA

On Tuesday, March 21, 2023, the US Department of Commerce issued a notice of proposed rulemaking on the guardrail provisions included in the CHIPS and Science Act (CHIPS). As part of the proposed rule Commerce issued a definition for both “foreign entity of concern” (FEOC) and “owned by, controlled by, or subject to the jurisdiction or direction of” a foreign entity of concern”—terms that appear in four separate statutes enacted in the last two years: The 2021 NDAA, Infrastructure Investment and...
By: Hogan Lovells

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