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
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
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
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
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
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
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
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
In April, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) proposing to require telecommunications carriers to renew, every 10 years, their international section 214...more
The Federal Communications Commission’s (FCC or Commission) Office of International Affairs (OIA) recently released an Order in the agency’s ongoing proceeding related to its adoption of an Order and Notice of Proposed...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
Lawsuit Against Florida Law Restricting Certain Foreign Ownership of Real Property Set for Hearing This Week, DOJ Supports but 12 States Oppose - On July 1, 2023, SB 264 (Chapter No. 2023-33, Laws of Florida) took effect....more
Briefing on a motion for preliminary injunction is complete in the lawsuit filed to strike Florida Senate Bill 264, Chapter No. 2023-33, Laws of Florida (the Act), which limits select persons from "foreign countries of...more
The Florida Legislature passed numerous bills primarily affecting real estate in the 2023 session. Most notably may be SB 15, the so-called SB 4-D Glitch Bill that deals with inspections and reserves for condominiums. This...more
A bill pending in the South Carolina House of Representatives proposes to significantly restrict land ownership in the state by certain foreign citizens or companies controlled by nations deemed adverse to U.S. security...more
International Section 214 authorizations are issued to telecommunications providers that seek to offer international services originating or terminating in the United States. The FCC released an order requiring all...more
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
The FCC recently adopted two items that underscore the Commission’s growing role in a quickly evolving national security regulatory framework: an Order and Notice of Proposed Rulemaking overhauling the regulatory framework...more
On April 25, 2023, the Federal Communications Commission (FCC or Commission) released an Order and Notice of Proposed Rulemaking on international Section 214 authorizations (the Order and NPRM), which authorize the provision...more
On March 30, 2023, the Federal Communication Commission (FCC or Commission) released a draft Order and Notice of Proposed Rulemaking on international section 214 authorizations (the Draft Order and Draft NPRM), which governs...more
The FCC is proposing wide-ranging changes to its international Section 214 authorization rules. Section 214 of the Communications Act provides the basic authorization for companies to provide regulated telecommunications...more
The Department of Defense (DoD) recently issued a new Small Business Strategy to reverse the significant decline in the number of small businesses participating in government contracts by launching new initiatives that will...more