News & Analysis as of

Foreign Ownership FOCI

Pillsbury Winthrop Shaw Pittman LLP

847 Awaiting Takeoff: DCSA Issues Guidance on Expanded Scope of FOCI Assessments

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

DLA Piper

DCSA Updates SF-328 for Cleared US Government Contractors and Academic Institutions

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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

Holland & Knight LLP

Podcast - The "I" in FOCI and AI: Innovation, Intelligence, Influence

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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

Holland & Knight LLP

Podcast - Navigating Regulatory Challenges in M&A Transactions

Holland & Knight LLP on

In the 17th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey is joined by Antonia Tzinova, the head of Holland & Knight's Committee on Foreign Investment in the United States (CFIUS) and...more

Holland & Knight LLP

A Comprehensive Overview of FOCI Mitigation

Holland & Knight LLP on

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

Holland & Knight LLP

Everyone Come to Play: Exploring FOCI Mitigation Instruments

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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

Holland & Knight LLP

Podcast - FOCI Mitigation: SSAs, SCAs and Proxy Agreements

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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

Wiley Rein LLP

New DOD Rules on Contractor Reporting and Mitigating Foreign Ownership, Control or Influence for Unclassified Contracts

Wiley Rein LLP on

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

Womble Bond Dickinson

The Evolution of National Security in the U.S. and U.K.

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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

Holland & Knight LLP

Understanding FOCI Mitigation

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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

Womble Bond Dickinson

DoD Instruction Intended to Protect Defense Supply Chain: Defense Contractors and Subcontractors Subject to Additional Filings and...

Womble Bond Dickinson on

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

American Conference Institute (ACI)

[Event] 6th National Forum on FOCI - September 20th - 21st, Washington, DC

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

White & Case LLP

FOCI Update: The Evolving US Department Of Defense FOCI Environment, Process & Timing

White & Case LLP on

The foreign ownership, control or influence ("FOCI") program administered by the Department of Defense's ("DoD") Defense Counterintelligence and Security Agency ("DCSA"), which is by far the largest US FOCI program, continues...more

American Conference Institute (ACI)

[Event] National Forum on FOCI - September 14th - 15th, Washington, DC

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

Torres Trade Law, PLLC

When CFIUS Mitigation Agreements and FOCI Reviews Overlap: A Critical Balancing Act

Torres Trade Law, PLLC on

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

Wiley Rein LLP

[Webinar] 2021 National Security Series - National Security Issues in M&A Due Diligence - November 10th, 2:30 pm - 3:30 pm EDT

Wiley Rein LLP on

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

McCarter & English Blog: Government Contracts...

DOD Issues Final Rule Codifying The NISPOM

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

Holland & Knight LLP

Congress Moves to Authorize FOCI Whitelisting Program

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• The U.S. Senate agreed on Nov. 16, 2017, to a conference report with respect to H.R.2810 – National Defense Authorization Act for Fiscal Year 2018. The bill provides for a review regarding the applicability of Foreign...more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VIII – Foreign...

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

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