Is Plug Power a Foreign Entity of Concern (FEOC)?
Hydrogen & Electrolyzers · Latham, New York, United States
Company record last verified · federal list index as of
FEOC answer
No designation found
No federal designation found. Plug Power is not named on any of the 3 federal restricted-party lists screened for this record (DOD Section 1260H, BIS Entity List, OFAC SDN List), and the United States is not a covered nation under the FEOC rules.
- Screened against 3 federal restricted-party lists (DOD Section 1260H, BIS Entity List, OFAC SDN List) with no designation found.
- Headquartered in Latham, New York, United States. The United States is not among the covered nations (China, Russia, Iran, North Korea).
- Confirmed U.S. domestic manufacturing operations.
- Not screened in this record: UFLPA Entity List. No conclusion either way is drawn from that list.
Track Plug Power
Federal list designations change without notice. Get an email when Plug Power is added to, or removed from, any screened list.
Federal list screening for Plug Power
Plug Power carries a result for 3 of the 4federal restricted-party lists below. "No screening record" means neither source covers that list; it is not a finding that the company is absent from it, and no claim on this page counts it as a clean result.
Results come from two places: the curated company record, and the live federal list index re-ingested from the agencies. Where they disagree the index wins and the row says so. The index can only add a designation, never clear one -- no confident match in the index is not evidence that a company is absent from a list.
| Federal list | Result | Checked | Source |
|---|---|---|---|
DOD Section 1260H U.S. Department of Defense | Not listed | 2026 | Official list |
BIS Entity List U.S. Department of Commerce, Bureau of Industry and Security | Not listed | 2026 | Official list |
OFAC SDN List U.S. Department of the Treasury, Office of Foreign Assets Control | Not listed | 2026 | Official list |
UFLPA Entity List U.S. Department of Homeland Security (FLETF) | No screening record Not screened in this record | - | Official list |
Ownership and country of organization
- Country
- United States
- Headquarters
- Latham, New York, United States
- Ultimate owner
- Publicly held (no controlling shareholder)
- Ownership type
- Public (NASDAQ: PLUG)
- Covered nation
- No
- U.S. manufacturing
- Yes. Multiple US facilities including Georgia gigafactory for electrolyzers.
- Products
- PEM electrolyzers, Hydrogen fuel cells, Hydrogen liquefaction systems, Green hydrogen plants
Summary
US-headquartered publicly traded company. No FEOC ownership concerns.
US hydrogen fuel cell and electrolyzer company. Building green hydrogen ecosystem.
A clean list screen does not by itself establish that a company is outside the FEOC rules. Under OBBBA (P.L. 119-21), enacted July 4, 2025, and under IRS Notice 2026-15 (Feb 12, 2026), an entity is also prohibited if a specified foreign entity owns 25 percent or more of it, if such entities together own 40 percent or more, if they hold 15 percent or more of its debt, or if one can appoint a board member or senior officer. Those tests require the cap table and debt structure, which this page does not cover.
How this answer is determined
The prohibited-foreign-entity restrictions on the 45Y, 48E and 45X clean energy credits were added by OBBBA (P.L. 119-21), enacted July 4, 2025 and are administered under IRS Notice 2026-15 (Feb 12, 2026). A company answers "yes" on this page when it is named on a federal restricted-party list, or when it is organized in a covered nation (China, Russia, Iran or North Korea). Where ownership or component sourcing leaves the question genuinely open, the answer is "uncertain" rather than a clean result -- and that holds even for a company organized in a covered nation, because a record flagged for component-level analysis is answering a narrower question than the entity-level test.
A separate ownership and control test can make a company prohibited even with a clean list screen: a specified foreign entity can appoint a covered officer (board member, president, CEO or CFO); a single specified foreign entity owns 25 percent or more; specified foreign entities together own 40 percent or more; specified foreign entities together hold 15 percent or more of the entity's debt. Those tests need the cap table and debt structure and are not evaluated here.
Sources for this record
- SEC EDGAR - Plug Power 10-K
- BIS Consolidated Screening List
Other Hydrogen & Electrolyzers suppliers
This page is informational and is not legal or tax advice. Federal list data is drawn from publicly available government sources and may lag the agencies' own updates; verify any determination against the official list linked above and with qualified counsel before relying on it.