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FOCI Mitigation & CFIUS Navigation

Foreign Ownership, Control or Influence Program Establishment

NSCS specializes in structuring transactions to anticipate and satisfy US security requirements while managing foreign investment cases before the Committee on Foreign Investments in the US (CFIUS) to obtain approvals expeditiously with minimal business impact.

Comprehensive FOCI & CFIUS Services

CFIUS Program Management

  • CFIUS and DoD program structure negotiations
  • Filing preparation and submission management
  • Political management of CFIUS cases
  • Congressional, media, and stakeholder engagement
  • Strategic case management and approval acceleration

FOCI Mitigation Instruments

  • Board Resolution development and implementation
  • Security Control Agreement (SCA) establishment
  • Special Security Agreement (SSA) negotiation
  • Mitigation program establishment and monitoring
  • Ongoing compliance and reporting systems
  • Proxy Agreement development
  • Voting Trust Agreement structuring
  • Government Security Committee (GSC) advisor services

National Interest Determinations (NID)

NSCS provides strategic guidance and acquisition strategy development for National Interest Determinations, ensuring your foreign investment aligns with US national security interests.

  • NID acquisition strategy development
  • Risk assessment and mitigation planning
  • Stakeholder engagement and advocacy
  • Documentation and filing preparation
  • Timeline management and coordination
  • Post-approval compliance monitoring

M&A Solutions & Transaction Support

Supplemental Plans Development

Comprehensive supplemental plan development to ensure full compliance with FOCI mitigation agreements and operational requirements.

  • Agreement Implementation Plan
  • Affiliated Operational Plan
  • Visitation Plan development
  • Facility Location Plans
  • Technology Control Plan
  • Electronic Communications Plan
  • FOCI Compliance Audits with DCSA
  • Agreement operationalization and business process integration

Due Diligence & Post-Integration Services

Our team provides comprehensive M&A support to ensure security compliance throughout the transaction lifecycle, from initial due diligence through post-integration operations.

Pre-Transaction

  • FOCI risk assessment
  • Security compliance review
  • Mitigation strategy development

Transaction Phase

  • CFIUS filing management
  • Regulatory coordination
  • Stakeholder communication

Post-Integration

  • Security program integration
  • Compliance monitoring
  • Ongoing reporting

Working with DSS & Cognizant Agencies

NSCS maintains strong working relationships with the Defense Security Service and other cognizant agencies to ensure seamless coordination on FOCI mitigation and industrial security matters.

  • DSS coordination and liaison services
  • Industrial security compliance management
  • Agency inspection preparation and support
  • Ongoing relationship management with security officials
  • Regulatory interpretation and guidance

Our FOCI Experience Advantage

Proven Track Record

Successfully managed complex FOCI cases across multiple industries, from initial assessment through final approval and ongoing compliance.

Strategic Expertise

Deep understanding of the political and regulatory landscape surrounding foreign investment in national security-sensitive industries.

Business-Focused Solutions

Mitigation strategies designed to satisfy security requirements while minimizing impact on business operations and growth objectives.

End-to-End Support

Comprehensive services from initial transaction structuring through long-term compliance monitoring and reporting.

Representative Industry FOCI Experience

Information Technology
Defense
Aerospace
Telecommunications
Financial
Legal Firms

Navigate Complex FOCI Requirements with Confidence

Our experienced team understands the intricacies of FOCI mitigation and CFIUS processes. We'll help you structure transactions, navigate regulatory requirements, and maintain compliance while protecting your business interests.

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