Podcast - The "I" in FOCI and AI: Innovation, Intelligence, Influence
Podcast - Navigating Regulatory Challenges in M&A Transactions
A Comprehensive Overview of FOCI Mitigation
Everyone Come to Play: Exploring FOCI Mitigation Instruments
Podcast - FOCI Mitigation: SSAs, SCAs and Proxy Agreements
Understanding FOCI Mitigation
Section 847, which will expand foreign ownership, control or influence requirements to non-classified contracts, is on track for implementation in 2026. Section 847 of the National Defense Authorization Act for FY 2020...more
The Defense Counterintelligence and Security Agency (DCSA) announced the approval of updates made to the Certificate Pertaining to Foreign Interests, or Standard Form (SF) 328, on May 7, 2025. This revised form requires more...more
In the 20th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey is joined by John Metz, a product manager at Agile Defense, and Antonia Tzinova, the head of Holland & Knight's CFIUS and...more
On May 13, 2024 the U.S. Department of Defense (DoD) published Instruction 5205.87: Mitigating Risks Related to Foreign Ownership, Control, or Influence for Covered DoD Contractors and Subcontractors (the Instruction), which...more
Last week, Congress passed both the National Defense Authorization Act (NDAA) and the American Relief Act, a continuing resolution (CR) to fund the federal government through March 14, 2025. Both bills faced a bumpy path to...more
In Episode 15 of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and members of Holland & Knight's International Trade Group discuss the complexities of Foreign Ownership, Control or Influence (FOCI)...more
In the 12th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Andrew McAllister provide insights on foreign influence, ownership or control (FOCI) mitigation...more
The 11th episode of "Are We All Clear? Facilitating Security Clearances" explores the role of outside directors and proxy holders within the National Industrial Security Program Operating Manual (NISPOM) framework and their...more
As a result of a broader U.S. government effort to address supply chain vulnerabilities, Congress passed a new law focused on U.S. Department of Defense (DOD) contracting with certain entities that operate under foreign...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 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
Concerns regarding the integrity of the U.S. defense industrial base supply chain continue to grow. Similar to national cybersecurity risks, national security risks to the defense supply chain are asymmetric and can arise at...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
On September 22, the Senate passed the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022. As it heads to the House of Representatives, government contractors in...more
The Department of Defense's (DoD) Defense Counterintelligence and Security Agency (DCSA)1 hosted its 26th Annual Conference on Foreign Ownership, Control, or Influence (FOCI Conference) on Aug. 25, 2022, which was attended by...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
On December 21, 2020, the Department of Defense (DoD) Office of the Undersecretary of Defense for Intelligence & Security published a Final Rule codifying the National Industrial Security Program Operating Manual...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
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