Understanding FOCI Mitigation
The Committee on Foreign Investment in the US (CFIUS) is an interagency organization that identifies commercial transactions that raise US national security considerations when there is significant foreign ownership of US...more
The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...more
The United States and an increasing number of other countries are evaluating the impact of foreign investment on their countries’ national security posture. Generally, foreign investment regulatory regimes allow regulators to...more
For foreign entities that need approval from the Committee on Foreign Investment in the United States (CFIUS) to pursue investments in the U.S., working with experienced legal counsel is essential. While CFIUS will approve...more
As we enter the new year, it is a good time to reflect on and consider trends and developments from 2023. One such development that we find important and will be keeping an eye on in 2024 is the proliferation of state...more
Hosted by American Conference Institute, the 6th National Forum on FOCI returns for another exciting year with curated programming that provides practical takeaways for managing heightened national security threats for...more
Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we...more
On April 20, 2023, the Federal Communications Commission (“FCC”) proposed new rules to reshape and significantly expand reporting and FCC review of non-U.S. ownership interests in companies authorized to provide international...more
Many U.S. enterprises and U.S. real estate holdings have some degree of foreign ownership. Federal law requires the filing of detailed reports on foreign ownership every five years by U.S. enterprises “in which a foreign...more
Those navigating the federal restrictions on foreign investment administered by the Committee on Foreign Investment in the United States (CFIUS) must contend with yet another dynamic: possible state restrictions. With respect...more
On September 29, 2022, Congress passed the SBIR and STTR Extension Act of 2022, renewing the U.S. Small Business Administration’s (SBA) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR)...more
ACI’s 5th National Forum on FOCI is back IN PERSON this September! Don’t miss the only comprehensive, practical FOCI event of its kind. The Defense Counterintelligence Security Agency (DCSA) is heightening its scrutiny and...more
Gain critical strategies for managing reviews in the new Team Telecom environment. The American Conference Institute’s 2nd National Team Telecom Conference will take place in Washington D.C. on April 25, 2022, one day...more
On June 9, 2021, Momentus Inc., a U.S. commercial space company offering in-space transportation and infrastructure services, as a condition to its acquisition by a foreign-owned company, entered into a National Security...more
Export control requirements, economic sanctions, foreign ownership rules, import restrictions — cross-border trade continues to get more complex. Do you know there are trade laws that restrict who you can do business...more
Please join us in a discussion on the importance of M&A due diligence, where we will cover: - Cybersecurity and ransomware; - Corporate M&A activity; - Bureau of Industry and Security (BIS), export controls, and...more
At its September 30, 2021 Open Meeting, the Federal Communications Commission (“FCC” or the “Commission”) unanimously adopted a Second Report and Order in IB Docket No. 16-155 requiring applicants with reportable foreign...more
The General Services Administration (GSA) amended the General Services Administration Acquisition Regulations (GSAR) via an interim rule (Rule) – effective June 30, 2021 – to incorporate disclosure obligations of foreign...more
Federal government lessees seeking to occupy high-security spaces in foreign-owned buildings will be required to obtain complete beneficial ownership and impose access restrictions on owners and property managers. The...more
For the first time, the FCC will have formal rules governing the process for Team Telecom review of license applications involving foreign ownership. The FCC, however, declined to adopt exclusions for applications that have...more
With the increase in the globalization of government contracts, we are seeing more intricate issues in industry transactions. Join the co-chairs of Williams Mullen’s government contract practice, Tony Anikeeff and Bob...more
The U.S. Department of Treasury has issued final regulations, which became effective February 13, 2020, implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)....more
The Committee on Foreign Investment in the United States (CFIUS, commonly pronounced “syphius”) reviews M&A transactions that may pose a risk to national security through foreign control of a US business. (See our recent...more
On September 30, 2016, the FCC adopted an order designed to liberalize and streamline the foreign ownership review process for broadcast licensees (the “Broadcast Liberalization Order”). Section 310(b) of the Communications...more
Not every potential buyer is a U.S. corporation controlled by U.S. interests. It is important, both for the buyer and the seller, to understand the implications of foreign ownership, control, or influence (“FOCI”) on the...more