Understanding FOCI Mitigation
Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification
Protecting Our Nation’s Data: Cybersecurity Compliance for Government Contractors
Podcast - The State of Contractor Cybersecurity with Katie Arrington
What Do the Newly Released CMMC 2.1 Documents Mean?
Season 2 Episode 5- Defense Trade Down Under
Podcast - Third-Party Assessments and NIST SP 800-171
Third-Party Assessments and NIST SP 800-171
[Podcast] NSA Cybersecurity Services for Defense Contractors
Cybersecurity and 889 Compliance in 2021: What Government Contractors Need to Know
Marti Arvin and Anthony Buenger on the CMMC Framework
ITAR for Facility Security Officers
Jones Day Talks: Navigating Foreign Direct Investment in Germany
Bribery & Corruption in the Military. A Front-Line View (Part II)
Bribery & Corruption in the Military. A Front-Line View (Part I)
The 10th episode of "Are We All Clear? Facilitating Security Clearances" explores the mitigation of foreign ownership, control or influence (FOCI) in a cleared company. Host Molly O'Casey and International Trade attorney...more
On July 8, 2024, the Office of Investment Security (Department of the Treasury) published a proposed rule to expand CFIUS’s current restrictions on foreign investment in U.S. real estate to cover many additional government...more
The U.S. Department of Defense (“DoD”) updated its list of “Chinese military companies” operating “directly or indirectly” in the United States on January 31, 2024, adding 17 new entities and removing three. The list was...more
As the first session of the 118th Congress comes to a close, Congress unveiled a vast array of policy recommendations and legislation furthering their focus on U.S.-China strategic competition. Throughout the year, China...more
Navigating the expanding defense technology subsector of the emerging company ecosystem requires careful planning and execution. Beyond putting together a trusted team and developing a uniquely marketable product, defense...more
In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
On Oct. 12, the White House released its long-awaited National Security Strategy (NSS), a high-level framework addressing the Biden administration’s main priorities on international security, trade and investment. The...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
The UK’s national security and investment regime came into effect on 4 January 2022. On 16 June, the UK government published its first report on the operation of the regime for the period between 4 January and 31 March...more
The United Kingdom's National Security and Investment Act (the NSI Act) is now fully in force. First proposed in 2016, the NSI Act creates a stand-alone regime that authorizes the UK government to consider and address the...more
This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters. OFAC's Frequent Asked Questions -...more
In today’s world, companies in various industries are increasingly running into issues that have national security implications. Research universities and other academic institutions can face issues involving national...more
On December 28, 2020, the Department of the Treasury Office of Foreign Assets Control (OFAC) published awaited guidance on the implementation of Executive Order (EO) 13959, “Executive Order on Addressing the Threat from...more
On November 12, 2020, President Trump issued an Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies (the “Investment EO” or the “EO”).1 The Investment EO may...more
On November 12, 2020, President Trump issued Executive Order 139591 (“the Order”) that will shortly bar any U.S. person from “any transaction in publicly traded securities, or any securities that are derivative of, or are...more
On November 12, 2020, President Trump issued an executive order (the "Order") prohibiting United States persons from investing in publicly traded securities of any person designated by the Secretary of Defense or the...more
China has developed its own national security review regime over the past years, but the review process and relevant rules and guidance continue to be subject to further clarifications. A ministerial review panel (MRP) was...more
National security interventions have largely been confined to defense-related transactions - Since mid-2018, there have been a number of important changes (actual and proposed) to legislation permitting intervention by...more
The Russian government clarified requirements to disclosure of information about foreign investors' beneficiaries, beneficial owners and controlling persons. The Government Commission on Control over Foreign Investments in...more
In December 2018, a new decree expanded the scope of the French national security review, especially in the technology sector In May 2019, the so-called “PACTE” Law strengthened the powers of French authorities in case of...more
Deals are generally not blocked in Finland - The Finnish government views foreign ownership positively as a catalyst for increasing internationalization and competitiveness. Deals are only restricted when they meet very...more
Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7...more
In recent years, several European Union (EU) Member States, as well as the EU itself, have reconsidered their approaches to foreign direct investment (FDI). An increasing number of European jurisdictions have introduced rules...more
Germany has two different sets of rules for the review of foreign direct investments. The relevant ordinance, the Außenwirtschaftsverordnung, or AWV, provides for a sector-specific review process applying to the acquisition,...more
German business leaders have hailed Angela Merkel’s most recent pledge of €1bn to a development fund for Africa, with a view to tackle the massive unemployment on the continent, as an important and historic step forward. ...more