Industrial Security

U.S. companies under Foreign Ownership, Control or Influence (FOCI) can receive and maintain security clearances only if the FOCI has been effectively mitigated through an approved agreement with the DOD’s Defense Security Service (DSS). We have substantial experience in negotiating effective FOCI mitigation arrangements and devising policies, procedures and plans to implement and maintain that status. We are also well-equipped in advising clients on obtaining and keeping facility and personnel security clearances, as well as representing client in mergers and acquisitions that involve FOCI issues.


Our representative matters include:

  • Provided compliance advice for companies having FOCI under the National Industrial Security Program Operations Manual (NISPOM).
  • Negotiated FOCI-negation agreements with DSS such as Proxy Agreements, Special Security Agreements and other Security Control Agreements.
  • Advised numerous independent boards of directors and government security committees operating under an established FOCI-mitigation agreement.
  • Designed and implemented policies, procedures and plans required by the DSS in connection with FOCI-mitigation activities.
  • Advised clients regarding national security reviews by the Committee on Foreign Investment in the United States (“CFIUS”).
  • Assisted clients in obtaining Facility Security Clearances (“FCL”) and Personnel Security Clearances (“PCL”).
  • Handled appeals of security clearance denials before the Defense Office of Hearings and Appeals (“DOHA”).