How Mitigation Agreements are Being Reviewed and Enforced: Compliance, Monitoring and Auditing Takeaways

April 27, 2022 9:30am

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Eric S. Johnson
Deputy Chief, Compliance and Enforcement National Security Division
Foreign Investment Review Section

U.S. Department of Justice

Thomas Liu
Deputy Director, Compliance and Monitoring, Foreign Investments Review
Committee on Foreign Investments in the U.S. (CFIUS)
Industrial Policy, Office of the Under Secretary of Defense, Acquisition & Sustainment

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Amy Schultz
Senior Trade and Industry Analyst Office of Strategic Industries and Economic Security Bureau of Industry and Security
U.S. Department of Commerce

Randall H. Cook
Senior Managing Director
Ankura

Brandon Kealiher
Special Agent, Unit Chief of Foreign Investment Unit
Federal Bureau of Investigation (FBI)

  • How CFIUS is reviewing and enforcing mitigation agreements, including site visits and civil penalties for non-compliance
  • Examining the role of third-party monitors and how their function in the post-deal oversight process
    • Monitoring and evaluating compliance
    • Identifying and employing best practices for dealing with post-deal third-party monitors
    • Reviewing government expectations of the third-party auditors and monitors
  • Under what circumstances are dealmakers are compelled to renegotiate conditions
  • Examining CFIUS’ focus on post-agreement monitoring and enforcement