Day 1 - Tuesday, April 23, 2019

8:00
Registration and Continental Breakfast
9:00
Opening Remarks from the Co-Chairs

Gerard F. Amann
General Counsel & Secretary Chief Ethics & Compliance Officer
Accenture Federal Services LLC

Chris Griner
Partner
Stroock & Stroock & Lavan LLP

9:45
Analyzing Your Company’s Specific FOCI Risk: Determining the Appropriate Mitigation Arrangement and Preventing Delays in Obtaining Approvals

Jennifer Brown
Director of Security & FSO/TCO
iDirect Government Technologies

Jennifer Kies Mammen
Counsel
Bryan Cave Leighton Paisner LLP

  • Criteria used for FOCI assessments to identify the appropriate FOCI mitigation plan
  • New processes and policies affecting the DSS FOCI program
  • Examining the DSS’ internal review and approval processes – how has the addition of risk analysis changed DSS’ process?
  • Risk based mitigation: How is it implemented? What has and hasn’t worked?
    • Examples of enhanced mitigation or controls that have been alleviated on a case-by-case basis
  • Best practices for moving FOCI mitigation plans through as quickly as possible

11:00
Morning Coffee Break
11:15
Determining How Tailored Security Plans (TSPs) and Enhanced Assessments Will Affect Companies Under FOCI

James D. Harris
Senior Counsel
Holland & Knight LLP

Gerard F. Amann
General Counsel & Secretary Chief Ethics & Compliance Officer
Accenture Federal Services LLC

  • Assessing how DSS is integrating TSPs and Enhanced Assessments, particularly with respect to FOCI
  • Understanding how FOCI companies may be uniquely impacted by the TSP and Enhanced Assessment processes
  • Will most or all FOCI companies be required to implement a TSP in the near term due to the increased risk from foreign ownership and control?

12:00
A Deep Dive into Different Relevant Security Agencies’ FOCI Program Requirements and Mitigation Processes

Paul Michaels
VP, Security and Chief Security Officer
Cobham Advanced Electronic Solutions (Arlington, VA)

This expert panel will address the priorities and mitigation requirements of the key agencies relative to FOCI (DSS, DOE, NNSA, DHS). Panelists will share their insights regarding the following topics:

 

  • The official guidance a company under FOCI must follow (e.g., NISPOM or agency-specific requirements)
  • How security clearance levels are related to the particular cognizant Security Agency in charge
  • Which agency will oversee a company’s FOCI action plan and why?
  • Expectations and responsibilities for top management, outside directors, proxy holders and trustees: How to make sure the parties understand their respective obligations under the applicable FOCI plan

1:00
Networking Lunch for Speakers and Delegates
2:00
FOCI and CFIUS Interplay: How FIRRMA and FOCI Mitigation Will Co-Exist Going Forward, and Developing a Strategy for Managing the FOCI and CFIUS Processes in Tandem

Jerry McGinn, Ph.D.
Recent Former Principal Deputy Director, Manufacturing and Industrial Base Policy
Office of the Secretary of Defense

Chris Griner
Partner
Stroock & Stroock & Lavan LLP

  • Assessing the key provisions of the recent CFIUS reform (FIRRMA)
  • Understanding how FOCI blends into the CFIUS review process, and the risks of undue transaction delays
  • Identifying and addressing FOCI issues during due diligence and in transaction documents
  • Analyzing the effects that FIRRMA has on companies at varying points in the FOCI mitigation and CFIUS approval processes
  • Developing a strategy for managing the FOCI and CFIUS processes in tandem
  • Best practices for coordinating with the U.S. government, transaction parties, and outside counsel

3:00
Afternoon Break
3:15
National Interest Determinations (NIDs) in a Post 2019 NDAA World: Understanding the Requirements and Navigating the Procurement Process

Stanley J. Borgia
Vice President Corporate & Defense Program Security
Rolls-Royce North America Inc.

Thomas Langer
Vice President of Security
BAE Systems, Inc.

  • Understanding when an NID is required and for which entities
  • Navigating the NID process
  • Analyzing the effects of the 2019 NDAA provision and other NID policy changes
  • Assessing the most prevalent challenges in procuring a NID – how is the government trying to make this process better and more expeditious?
  • Under what circumstances can a company make an application to the Department of Defense to be exempted from the NID process?

4:00
Next Steps: Assessing the Latest DOD Initiatives and Their Implications for Supply Chain Risk Management, Controlled Unclassified Information, and Beyond

Robert S. Metzger
Shareholder
Rogers Joseph O’Donnell, PC

Giovanna M. Cinelli
Practice Lead, International Trade and National Security
Morgan, Lewis & Bockius LLP

  • Examining the Defense Department’s new “Deliver Uncompromised” supply chain security initiative
  • Addressing the move of Personnel Security Clearance (PSC) investigations from NBIB (National Background Investigations Bureau) to DSS; what will the implications of this be?
  • Controlled Unclassified Information Update
  • DOD Insider Threat Program
  • Security Executive Agent Directive 3

4:45
Champagne Roundtables End the day informally as you share your views with your peers on recent developments
5:30
Program Concludes