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
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
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
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
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. Department of the Treasury requires U.S. issuers—including U.S.-domiciled investment funds1—to report foreign residents’ holdings of U.S. securities every five years on its Treasury International Capital (TIC) Form...more
This course will discuss the considerations and caveats of U.S. residents owning foreign rental property. Our seasoned panel of international tax experts will explore U.S. and foreign holding structures, residential and...more
To combat money laundering and other illicit activities via the use of shell companies, Congress passed the 2021 Corporate Transparency Act (CTA), which requires most U.S. businesses (and certain foreign businesses),...more
On 15 December, 2023 the United States Department of Agriculture (USDA) announced a request for information on proposed revisions to the Agricultural Foreign Investment Disclosure Act (AFIDA) Report. AFIDA and its...more
All international Section 214 authorization holders should begin preparing the information required for disclosure as early as possible. On December 13, 2023, the Federal Communications Commission’s (FCC’s) Office of...more
The FCC mandated, in an April 25, 2023, Order, that every holder of an international Section 214 authorization will be obligated to submit current ownership information identifying certain direct and indirect interest holders...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
On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by...more
Potential rule changes could expand the scope of the disclosure and reporting obligations for FCC-regulated businesses. On April 25, 2023, the Federal Communications Commission (FCC) released an Order and Notice of...more
The FCC is proposing comprehensive and sweeping changes to its twenty-year-old rules governing its international section 214 authorization framework. Because the FCC’s proposals would affect any company offering international...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
Many U.S. enterprises and U.S. real estate holdings have some degree of foreign ownership. Federal law requires the filing of detailed reports on foreign ownership every five years by U.S. enterprises “in which a foreign...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
For the first time, the FCC will have formal rules governing the process for Team Telecom review of license applications involving foreign ownership. The FCC, however, declined to adopt exclusions for applications that have...more
The U.S. Department of the Treasury is currently collecting data from all U.S. persons for its five-year mandatory benchmark survey of foreign ownership of U.S. securities as of June 30, 2019. U.S. issuers and U.S. asset...more
Depending upon how foreign real estate is owned and/or controlled, a number of different tax reporting regimes may be implicated. Each of these has its own corresponding penalties and generally applies to United States...more
Most non-US persons who are properly advised regarding US real estate ownership will structure their holdings to include some combination of US LLCs, non-US companies, non-US partnerships, non-US trusts and/or non-US...more
The Federal Communications Commission has slowly opened the door to indirect parent entity foreign ownership of broadcast station licenses. This gradual relaxation of longstanding U.S. federal policy has continued to the...more
There seems to be a convergence by the Financial Crimes Enforcement Networks (FinCEN), the Treasury Department and the IRS for determining “who is the UBO” of entities. The U.S. Government is determined to enforce financial...more
On May 10, 2016, the Treasury Department issued proposed regulations that, if approved, will require business entities formed in the United States that are owned by a single foreign person to obtain an employer identification...more