In this episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses the intersection of the Committee on Foreign Investment in the United States (CFIUS) and Foreign Ownership, Control, and Influence (FOCI) mitigation with Libby Bloxom, a fellow member of Holland & Knight's International Trade Group. They highlight the importance of understanding both CFIUS actions and FOCI requirements, as they can overlap and inform one another, particularly regarding national security measures in critical industries. They also note that companies should be proactive in navigating the regulations and timelines of the multiple agencies involved in security clearances.

In Episode 15 of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and members of Holland & Knight's International Trade Group discuss the complexities of Foreign Ownership, Control or Influence (FOCI) and its implications for security clearances in government contracting. They explain how foreign entities can influence cleared companies, impacting classified contracts, and detail the Defense Counterintelligence and Security Agency's (DCSA) role in overseeing FOCI assessments through the SF-328 form. Mitigation strategies such as proxy agreements and outside directors are highlighted to ensure compliance and safeguard national security.

The episode also revisits Section 847 from the 2020 National Defense Authorization Act (NDAA), which mandates FOCI assessments for non-classified U.S. Department of Defense (DOD) contracts valued at $5 million or more and represents a significant expansion of FOCI regulations. This discussion reinforces the need for companies to effectively navigate these complexities while utilizing supplemental documents like Affiliated Operations Plans and Technology Control Plans to maintain compliance.

In the latest episode of "Are We All Clear?", host Molly O'Casey and national security attorney Antonia Tzinova discuss Section 847 of the National Defense Authorization Act (NDAA), aimed at mitigating Foreign Ownership, Control or Influence (FOCI) in companies associated with non-classified U.S. Department of Defense (DOD) contracts worth at least $5 million. This regulation, prompted by national security concerns and supply chain vulnerabilities highlighted during the pandemic, sets the groundwork for the DOD to assess risks and ensure that foreign influence does not compromise critical defense operations. As noted in the episode, although mitigation measures will remain optional, companies bidding for federal contracts must engage in rigorous due diligence and are encouraged to familiarize themselves with these new requirements during the anticipated 12- to 18-month implementation period.

In this episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses how cleared companies follow guidelines and compliance when sharing employees or services with International Trade attorney Marina O'Brien. This episode also covers how the Defense Counterintelligence and Security Agency (DCSA) monitors cleared companies for potential foreign ownership, control, or influence (FOCI) issues, what Affiliate Operations Plans (AOPs) entail, and how beneficial it might be for a company to comply with DCSA regulations.

In the 12th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Andrew McAllister provide insights on foreign influence, ownership or control (FOCI) mitigation instruments. The attorneys elaborate on the following key topics regarding FOCI mitigation:

• why FOCI mitigation is necessary
• proxy agreements, special security agreements and security control agreements
• correlation between FOCI supplements and FOCI mitigation agreements
• affiliated operations plan (AOP)
• technology control plan (TCP)
• electronic communications plan (ECP)
• visitor access plan (VAP)
• facilities location plan (FLPs)
• quality management plan (QMP)
• controlled unclassified information (CUI)

Tune in as they explore these topics and more!

The 11th episode of "Are We All Clear? Facilitating Security Clearances" explores the role of outside directors and proxy holders within the National Industrial Security Program Operating Manual (NISPOM) framework and their significance in insulating a cleared company from its foreign owners. Host Molly O'Casey and International Trade attorney Antonia Tzinova discuss practical approaches to the selection, employment and accountability of these positions, as well as delve into the broader context of Foreign Ownership, Control or Influence (FOCI) mitigation to protect U.S. national security interests.

Their conversation covers a myriad of topics (and acronyms!), including recent developments in FOCI, facility security clearance (FSC), NISPOM, Defense Counterintelligence and Security Agency (DCSA), Special Security Agreements (SSA), Security Control Agreements (SCA) and the Government Security Committee (GSC).

The 10th episode of "Are We All Clear? Facilitating Security Clearances" explores the mitigation of foreign ownership, control or influence (FOCI) in a cleared company. Host Molly O'Casey and International Trade attorney Andrew McAllister cover key topics in this area, including the implications of FOCI for companies that have obtained facility security clearances, common issues faced by companies in relation to FOCI, monitoring and enforcement of FOCI issues, strategies for companies navigating this process with the Defense Counterintelligence and Security Agency (DCSA) and recent developments in this area.

In the ninth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Antonia Tzinova delve into the critical aspects of due diligence for facility and personnel clearances in mergers and acquisitions (M&A) transactions. Drawing from her extensive experience, Ms. Tzinova guides listeners through the complexities of the National Industrial Security Program Operating Manual (NISPOM) and its impact on cleared facilities and personnel.

Key topics covered include:

• the importance of timely notifications to the Defense Counterintelligence and Security Agency (DCSA) during ownership changes
• considerations for mitigating foreign ownership, control or influence (FOCI) in M&A deals
• essential steps for sellers in preparing for due diligence
• potential compliance violations and mitigation strategies

The eighth episode of "Are We All Clear? Facilitating Security Clearances" offers an in-depth summary of the Defense Counterintelligence and Security Agency (DCSA). Host Molly O'Casey and International Trade attorney Andrew McAllister dive into the agency’s history, structure and functions, providing insights into the main stages of the DCSA clearance process life cycle and discussing recent developments within the agency.

In the seventh episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into the pivotal role of Facility Security Officers (FSOs), providing valuable insights into responsibilities, the selection process and key considerations for maintaining a secure environment. International Trade attorneys Antonia Tzinova and Libby Bloxom join Ms. O'Casey for an episode that's useful both for security professionals and those simply intrigued by this complex field.