CFIUS

Unravel the complex overlapping of CFIUS and DCSA jurisdictions as they pertain to operationalizing a National Security Agreement (NSA). This session will examine how to implement an NSA and meet the compliance requirements for day-to-day operations.

• Evaluating the roles and responsibilities of the team members involved in operationalizing an agreement and when should they be involved in the process
• Identifying the role of a company’s internal security, IT personnel while negotiating your NSA
• Meeting DCSA expectations while navigating a company’s internal process, including meeting expectations for monitoring
• Choosing your security officer
• Identifying who can implement a CFIUS agreement, including designing a program, operations and continued maintenance
• Implementing core export control policies
• Examining the long-term impact of an NSA
• Analyzing how a company might have to change operations to address the long-term compliance demands

Join this session to hear a senior DOJ official discuss President Biden’s Executive Order on Preventing Access to American’s Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern, issued in February 2024, as well as the proposed rulemaking associated with the EO. Among others, the session will examine the following topics:

• The goals of the Executive Order and how those goals are advanced through the ANPRM
• Specific proposed regulations in the ANPRM
• Balancing national security and economic interests and potential implications across different business sectors
• Market engagement related to the ANPRM

The United States Department of Agriculture was added to CFIUS, on a case-by-case consultation basis, announced January 2024. This comes as approximately 20 U.S. States are implementing laws and regulations to curtail foreign investment as it pertains to the agriculture sector and transactions. This session will examine the intention of the laws, the impact and how they will work in concert with CFIUS.

• Analyzing real or perceived gaps in federal laws and how state laws propose to strengthen security
• Examining state concerns when a foreign entity is involved in a real estate transaction near a critical infrastructure, military or other national security interest
• Anticipating how state laws and regulations will work to support CFIUS in the event of overlap and grey areas
• Reviewing which types of investors are prohibited and why

• Status report on which countries are seeing the most FDI transactions, which regimes are most active and in which sectors are there most calls for mandatory transactions
• Examining how the European Commission’s newly implemented Foreign Subsidy Review (FSR) is impacting foreign investment
• Anticipating how the incoming U.S. Outbound Investment policy will interplay with foreign investment regimes
• Sharing information process and procedures, who is sharing and what information can be shared
• Analyzing where national security interests initiatives are aligned-and where they collide

During the Negotiation Phase – establishing the groundwork

• Examining how much monitoring action the committee is doing, including site visits
• Complexity of working with a monitor and auditor, and differentiating those roles and relationships
• Calculating the cost of an ongoing monitorship versus the cost of the investment
• Fully understanding the capability and the operations of the company, such as separating US from non-US systems

During the Implementation phase – element of trust with the CMAs and third parties

• Setting a good cadence: Engaging with your CMA, sharing information and encouraging an open dialogue and building trust
• Developing accountability on both sides
• Seeking for clarification on an interpretation, correct interpretations vs the most conservative interpretation and what could lead to litigation
• Examining security incidents

During Day-to-Day Compliance – collaboration and transparency with the CMAs

• Trends in monitoring, which sectors are more likely to see a monitorship agreement
• Clarifying the rule on limited partnership agreements used to set up funding
• Following through on accountability on both sides
• Ensuring an open dialogue, flexibility and responsiveness when the business world changes

Hear from White House representatives during this candid off-the-record interview. Chatham House Rule applies. Participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.

Hear from in-house representatives as they share the lesser-known challenges and solutions encountered when operationalizing a mitigation agreement.

• Strategizing what foreign-owned companies do to improve their standing and facilitate the CFIUS process
• Long-term strategies for investing and growing the business while satisfying mitigation requirements
• Examining how IT professionals separate data systems and ensuring only certain parties have access to data and how to do data segregation
• Overcoming implementation hurdles: Concrete examples

• What does the government consider when making a FOCI determination
• How can companies approach FOCI issues proactively?
• Assessing ownership interests and access to information
• Assessing foreign investors and suppliers
• Understanding company risk and national security impact
• Training
• Compliance culture
• Analyzing the ups and downs of compliance with FOCI mitigation agreements
• Impact of non-compliance with FOCI agreements

• Examining how foreign ownership will be affected by pending FCC rulemaking on international 214 licenses
• Which sectors and types of business will be impacted by the pending FCC proceeding on Net Neutrality
• Reviewing the ICTS Supply Chain Rules involving transactions ICTS designed, developed, manufactured, or supplied by parties owned by, controlled by, or subject to jurisdiction or direction of foreign adversaries