NATIONAL SECURITY REGULATION: DESCRIPTION

McKenna Long & Aldridge lawyers counsel and advise on various national security issues, such as the Exon-Florio review of inbound investment, mitigation under Foreign Ownership Control of Influence (FOCI) regulations, security clearance issues and emerging border security regimes.  We represent clients in cases involving U.S. Government oversight and regulation of foreign acquisition of U.S. companies in strategically important industries.  These matters include reviews of investments by the Committee on Foreign Investment in the U.S. and compliance with the Department of Defense’s FOCI regulations. The objective of such representation is to resolve the U.S. Government’s national security concerns in a way that will permit the transfer of ownership with maximum organizational and operational flexibility.

Representative Matters

• Represented buyers from countries including Canada, Sweden, France, the United Kingdom, Israel and Germany in putting together FOCI procedures necessary to satisfy the Defense Security Service in connection with their acquisitions of cleared companies, on several occasions setting up separate federal service subsidiaries that hold the facility security clearance.
• Assisted in identifying former government officials, including former senior military officials, for service on companies’ security control committees.
• Represented both buyers and sellers to provide counsel on the most expeditious manner of getting an acquisition through the government approval process.
• Advised on the possibility of government objection to clients contemplating acquisitions or sales.
• Represented U.S. divestor in the first full CFIUS investigation.
• Represented client in obtaining State Department approval for the sale to a private entity of formerly FMS significant military equipment.
• Represented clients in Buy America Act and Trade Agreement Act-related sales to U.S. Government, in conjunction with our Government Contracts team.