News & Analysis as of

Foreign Ownership National Security

Dickinson Wright

FCC Expands National Security Measures for Telecom Industry

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Last week, the Federal Communications Commission (FCC) took three separate actions to control foreign influence over US communications products and services. These decisions fit within the FCC’s broader efforts to safeguard...more

Wiley Rein LLP

Targeting “Foreign Adversary” Interests, FCC Proposes Broadly Applicable Ownership Reporting Regime

Wiley Rein LLP on

On May 27, 2025, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (Foreign Adversary NPRM or NPRM) that seeks to promote U.S. national security by providing “a new and...more

Vinson & Elkins LLP

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment”

Vinson & Elkins LLP on

The Texas legislature has been active recently in proposing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Texas does not currently have state-level restrictions on foreign ownership of...more

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

DLA Piper on

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

Latham & Watkins LLP

FCC Aims to Codify and Streamline Foreign Ownership Rules and Review Process

Latham & Watkins LLP on

On April 29, 2025, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) that proposes to formalize the Commission’s practices and review processes for reviewing foreign...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

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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

Goodwin

Focus on FOCI: Expanded Reporting Requirements Arrive for Defense Contractors

Goodwin on

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

Ropes & Gray LLP

Deck the Halls with Cyber Walls: Navigating National Security in the Digital Age

Ropes & Gray LLP on

Cybersecurity and national security collided in significant ways in 2024, with governments and private-sector entities grappling with the legal, technical, and policy challenges of a rapidly evolving cyber landscape....more

Davis Wright Tremaine LLP

FCC Proposes New Regulations To Assess and Protect Against National Security Risks in Submarine Cable Networks

On November 21, 2024, the Federal Communications Commission ("FCC") approved a Notice of Proposed Rulemaking ("NPRM") focused on enhancing FCC review and oversight of the global subsea communications cable network through...more

Holland & Knight LLP

A Comprehensive Overview of FOCI Mitigation

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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

Holland & Knight LLP on

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

Holland & Knight LLP on

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

Levenfeld Pearlstein, LLC

CFIUS Is Not a Flu Strain: When Commercial Real Estate Transactions May Require Additional Regulatory Review

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

Sheppard Mullin Richter & Hampton LLP

ALERT: Team Telecom Streamlining Procedures Take Effect

In October 2020 and 2021, the FCC adopted a pair of Orders to streamline the processing of applications involving “reportable” foreign ownership that are referred to the Committee for the Assessment of Foreign Participation...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

Holland & Knight LLP on

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

StoneTurn

The Importance of Having a National Security Strategy

StoneTurn on

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

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

K&L Gates LLP

Strengthening National Security in Investments: Exploring the Implications of the Significant Investments Review Bill

K&L Gates LLP on

On 9 January 2024, the Parliament of Singapore passed the Significant Investments Review Bill (SIRB). The SIRB aims to enhance national security by introducing measures to screen investments, both local and foreign, in...more

Lerman Senter PLLC

Mandatory Updates for International Section 214 Authorization Holders Due January 22, 2024

Lerman Senter PLLC on

The FCC has announced a January 22, 2024 deadline for all international section 214 authorization holders to provide a one-time update to the FCC’s records regarding their foreign ownership. The FCC’s Office of International...more

Wiley Rein LLP

FCC Sets January Deadline for International Section 214 Authorization Holders to Submit Foreign Interest Holder Information

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On December 8, 2023, the Federal Communications Commission (FCC or Commission) released its anticipated information collection to update the Commission’s records regarding the foreign ownership of international Section 214...more

Kelley Drye & Warren LLP

FAQs on FCC’s Mandatory Information Collection Requirement for All International Section 214 Carriers – Due January 22, 2024

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On January 22, 2024, all holders of Section 214 authority granted by the Federal Communications Commission (“FCC” or ​“Commission”) to provide international telecommunications services (i.e., common carrier services between...more

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