The US restricted lists that matter for batteries
Several US government lists decide, or hint at, whether a battery supplier is a prohibited foreign entity. Some are written into the tax law by name; others are only warning signs. Here is what each one is, who keeps it, and how the directory uses it.
The lists
| List | Kept by | Makes a company a specified foreign entity? | Entries we hold |
|---|---|---|---|
| OFAC Specially Designated Nationals (SDN) |
Treasury, Office of Foreign Assets Control | Yes, through the CHIPS Act definition of a foreign entity of concern | 11,918 |
| Section 1260H Chinese military companies |
Defense Department, in the Federal Register | Yes, by name | 188 |
| UFLPA Entity List |
Homeland Security, Forced Labor Enforcement Task Force | Yes, by name | 187 |
| Section 154(b) battery makers |
Congress, in the FY2024 defense authorization act | Yes, by name | 6 |
| BIS Entity List |
Commerce, Bureau of Industry and Security | No; a warning sign | 3,419 |
| BIS Military End-User List |
Commerce, Bureau of Industry and Security | No; a warning sign | 70 |
| Chinese Military-Industrial Complex (NS-CMIC) list |
Treasury, Office of Foreign Assets Control | No; a warning sign | 68 |
Written into the law, or a warning sign
The tax law's definition of a specified foreign entity names four sources: the CHIPS Act's foreign entities of concern (which include the SDN list), the 1260H list, the UFLPA Entity List and the section 154(b) battery makers.1 A company on any of them is a specified foreign entity, and a company that one of them owns 25% of is a foreign-influenced entity.
The BIS Entity List, the Military End-User List and the CMIC list are not part of that definition. They still say something about a supplier: export controls and investment bans often follow the same ties the tax law cares about. The directory checks them as warning signs. The bottom of each supplier page names every list its screening used.
Where the data comes from
- The SDN, Entity List, Military End-User and CMIC entries come from the Consolidated Screening List, which the Commerce Department's trade.gov publishes as one file for all these agencies.
- The 1260H list is read from the newest DoD notice in the Federal Register, which restates the whole list each time.
- The UFLPA list is read from the DHS page, which records each entity's effective date.
- The section 154(b) battery makers are copied from the law itself. They change only if Congress amends it.
All but the last are refreshed monthly. A change that matches a supplier or owner is reviewed before it reaches the directory.
How names are matched
A list names specific legal entities, and a wrong match would flag an innocent supplier. So the directory matches only exact names or recorded aliases, after removing punctuation and legal suffixes such as "Co., Ltd.". Short acronyms must match on country too: "AESC" is also an alternate name of an unrelated Russian aviation company on the SDN list. It checks every owner in a supplier's chain, not just the supplier, because a listed owner can make the supplier a foreign-influenced entity.
Sources
- 26 U.S.C. 7701(a)(51)(B), specified foreign entity (Cornell LII).
- 15 U.S.C. 4651(8), foreign entity of concern.
- Public Law 118-31, section 154, prohibition on procurement of certain batteries.