Foreign Ownership, Control, or Influence (FOCI)
Wilson Sonsini Goodright & Rosati has extensive experience in addressing the problems that arise when parties to a transaction have contracts involving U.S. government classified information or technology. Companies with access to such information may be regulated by the Department of Defense through the Defense Counterintelligence and Security Agency (DCSA, formerly the Defense Security Service, or DSS) pursuant to the guidelines of the National Industrial Security Program Operating Manual (NISPOM) or by other government agencies. In particular, DCSA steps in to review any investment in which the target has, or will acquire, contracts involving classified contractors, information, or technology and the investor or acquirer is, or may become, subject to foreign ownership, control, or influence (FOCI).
When FOCI issues arise, our attorneys work with both foreign investors and those seeking foreign investment to open lines of communication to the correct parties at DCSA, negotiate with the right agencies, and satisfy all relevant U.S. government requirements. We help clients coordinate negotiations over FOCI controls with other national security reviews, such as the CFIUS review process. Our team, which includes attorneys with experience across the Defense Department, the military, the intelligence community, and other national security agencies, works with clients to identify the most effective and efficient FOCI mitigation plan. Once a FOCI mitigation plan is successfully negotiated, we then assist clients in the implementation of that plan to ensure that it is developed in a manner that satisfies business imperatives while still protecting national security interests
Wilson Sonsini Goodright & Rosati has extensive experience in addressing the problems that arise when parties to a transaction have contracts involving U.S. government classified information or technology. Companies with access to such information may be regulated by the Department of Defense through the Defense Counterintelligence and Security Agency (DCSA, formerly the Defense Security Service, or DSS) pursuant to the guidelines of the National Industrial Security Program Operating Manual (NISPOM) or by other government agencies. In particular, DCSA steps in to review any investment in which the target has, or will acquire, contracts involving classified contractors, information, or technology and the investor or acquirer is, or may become, subject to foreign ownership, control, or influence (FOCI).
When FOCI issues arise, our attorneys work with both foreign investors and those seeking foreign investment to open lines of communication to the correct parties at DCSA, negotiate with the right agencies, and satisfy all relevant U.S. government requirements. We help clients coordinate negotiations over FOCI controls with other national security reviews, such as the CFIUS review process. Our team, which includes attorneys with experience across the Defense Department, the military, the intelligence community, and other national security agencies, works with clients to identify the most effective and efficient FOCI mitigation plan. Once a FOCI mitigation plan is successfully negotiated, we then assist clients in the implementation of that plan to ensure that it is developed in a manner that satisfies business imperatives while still protecting national security interests
Stephen advises clients on laws and policies at the intersection of international business and national security. He previously served in the U.S. government on the Committee on Foreign Investment in the U.S.
While in law school, Grace served as the legal intern at the U.S. Department of Commerce for the Office of Information and Communications Technology and Services (OICTS) and the Office of Chief Counsel for BIS (OCC/IS), and for the Office of General Counsel at the Defense Intelligence Agency (DIA). Prior to law school, Grace worked as an administrator at a think tank specializing in international affairs and was a restaurateur.
Stephen advises clients on laws and policies at the intersection of international business and national security. He previously served in the U.S. government on the Committee on Foreign Investment in the U.S.
While in law school, Grace served as the legal intern at the U.S. Department of Commerce for the Office of Information and Communications Technology and Services (OICTS) and the Office of Chief Counsel for BIS (OCC/IS), and for the Office of General Counsel at the Defense Intelligence Agency (DIA). Prior to law school, Grace worked as an administrator at a think tank specializing in international affairs and was a restaurateur.
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