Foreign Ownership, Control or Influence and Government Contractor Security Clearance
Mitigating FOCI and Meeting Requirements for National Interest Determinations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to counsel for companies seeking facility security clearance and making a determination of foreign ownership, control or influence (FOCI). The panel will examine key FOCI issues and FOCI mitigation mechanisms.
- What is FOCI?
- National Industrial Security Program Operating Manual definition
- Even minority interest can constitute FOCI
- Relationship to security clearances
- Implications for deal negotiations
- FOCI Mitigation
- Types of FOCI mitigation arrangements
- FOCI mitigation arrangement negotiation process
- Relationship to Committee on Foreign Investment in the United States (CFIUS) Review
- CFIUS filing essentially required for acquisition of a cleared company
- Parallel processes
- FOCI mitigation timing implications with respect to CFIUS approval
- FOCI Mitigation Trends
- Enforcement/oversight by the Defense Security Service
- Requirement for related procedures (e.g., Electronic Communications Procedures)
- NID process and timing
The panel will review these and other key questions:
- What factors are considered when making a FOCI determination?
- What steps can companies and their counsel take to mitigate FOCI?
- When are national interest determinations (NIDs) required?
- What lessons can be learned from recent cases?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Mr. Jalinous is a member of the Foreign Investment Practice Group and represents foreign clients and their domestic... | Read More
Mr. Jalinous is a member of the Foreign Investment Practice Group and represents foreign clients and their domestic affiliates in connection with the regulatory aspects of investing in the U.S. He handles Exon-Florio reviews before the Committee on Foreign Investment in the U.S. and federal agencies as to mitigation of foreign ownership, control or influence under the applicable regulations.Close
G. Christopher Griner
He counsels clients regarding international transactions involving national security and other national security... | Read More
He counsels clients regarding international transactions involving national security and other national security approval issues. He played a key role in the development of the Foreign Ownership, Control or Influence mitigation arrangements used by the federal government. He counsels on proposed acquisitions, and mitigation arrangements for foreign-owned defense and national security contractors.Close
Stephen F. Lewis
Deputy Director, Industrial Security Policy
Office of the Under Secretary of Defense (Intelligence), Security Directorate, U.S. Dept. of Defense
He develops, interprets and oversees the implementation of executive branch policies for the protection of government... | Read More
He develops, interprets and oversees the implementation of executive branch policies for the protection of government information in industry. He previously served as the Defense Investigative Service Field Office Chief in San Diego and as the Director of Industrial Security for the Southeast Region of DIS and several assignments at the Headquarters level of DIS (renamed Defense Security Service).Close