Our FOCI mitigation and compliance team is internationally recognized for innovative approaches to national security issues affecting commercial transactions, including FOCI reviews and mitigation, industrial security regulatory compliance and facility security clearance (FCL) support generally, and government reviews of cleared contractor security programs.
Our team’s exceptional work draws from a long history of negotiations and coordinating filings with the Defense Counterintelligence and Security Agency (DCSA), the Department of Energy, the Department of State, Directorate of Defense Trade Controls (DDTC), and the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (commonly known as Team Telecom), among other US government stakeholder departments and agencies. The list of federal departments and agencies that we regularly engage with continues to grow as the FOCI review process has increasingly become a critical element in addressing US government priorities such as supply chain security and quality assurance in the classified and unclassified government contracting sectors.
Our lawyers draft, negotiate and implement a wide range of arrangements to mitigate FOCI (and other risks) in compliance with US industrial security regulations. We have supported some of the US government’s largest defense and national security contractors as well as small businesses requiring access to classified or other sensitive information. Additionally, members of our team routinely prepare and negotiate FOCI mitigation plans and procedures for clients, including Technology Control Plans, Electronic Communications Plans, Affiliated Operations Plans, Facility Location Plans and Quality Management Plans. We also assist with National Interest Determinations (and applicable exemptions) and more. We are actively monitoring and assessing developments associated with Section 847 of the 2019 National Defense Authorization Act (which broadly expanded use of the FOCI review and mitigation process to certain unclassified contracts), and will lead the industry in helping clients to navigate requirements stemming from its implementation and application to individual contractors.
This niche expertise complements our unparalleled experience in the areas of Committee on Foreign Investment in the United States (CFIUS), government contracts, export controls, trade sanctions, anticorruption compliance and other related regulatory areas, as the practice areas often overlap. Our understanding of the diverse impacts FOCI can have on an organization ensures clients can trust they are receiving comprehensive guidance and advice.