Foreign Ownership, Control or Influence (FOCI)
Companies that hold, or want to hold, a facility security clearance must address any foreign ownership, control or influence (FOCI). The Defense Counterintelligence and Security Agency (DCSA) reviews FOCI under the National Industrial Security Program rules at 32 C.F.R. Part 117. Unresolved FOCI can delay or prevent a clearance.
How we help
- Assessing foreign investors, lenders, board members and commercial ties
- Preparing the SF 328, Certificate Pertaining to Foreign Interests
- Negotiating mitigation with DCSA, including board resolutions, security control agreements, special security agreements, proxy agreements and voting trusts
- Structuring investments, mergers and acquisitions involving cleared companies
- Reporting changed conditions and maintaining compliance after mitigation
FOCI issues often arise alongside CFIUS review. We coordinate both so a transaction is not delayed by one process while the other moves ahead.
Helpful resources
Call 703.448.1810 to discuss a FOCI matter.
