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foreign-influenced entity

Defined in 1 place of the United States Code.

For purposes of subparagraph (A), the term “foreign-influenced entity” means an entity—

(I) with respect to which, during the taxable year—

(aa) a specified foreign entity has the direct authority to appoint a covered officer of such entity,

(bb) a single specified foreign entity owns at least 25 percent of such entity,

(cc) one or more specified foreign entities own in the aggregate at least 40 percent of such entity, or

(dd) at least 15 percent of the debt of such entity has been issued, in the aggregate, to 1 or more specified foreign entities, or

(II) which, during the previous taxable year, made a payment to a specified foreign entity pursuant to a contract, agreement, or other arrangement which entitles such specified foreign entity (or an entity related to such specified foreign entity) to exercise effective control over—

(aa) any qualified facility or energy storage technology of the taxpayer (or any person related to the taxpayer), or

(bb) with respect to any eligible component produced by the taxpayer (or any person related to the taxpayer)—

(AA) the extraction, processing, or recycling of any applicable critical mineral, or

(BB) the production of an eligible component which is not an applicable critical mineral.

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