Industrial Security

Foreign Ownership, Control or Influence

Luks Cormaney LLP has experience in assisting U.S. clients with obtaining facility security clearances from the U.S. Government. In particular, we have expertise in analyzing requirements related to foreign ownership of cleared facilities. The firm provides advice to clients regarding the types of actions likely to be required to mitigate foreign ownership, control or influence (FOCI) of a company desiring to obtain a facility clearance. Our firm’s in-house experience includes preparation and negotiation of FOCI mitigation instruments – such as Special Security Agreements (“SSAs”) – with the U.S. Defense Security Service (“DSS”), as well as hands-on guidance to clients on policies and procedures to ensure compliance with the day-to-day requirements of the NISPOM and applicable FOCI mitigation instruments.

Providing guidance to U.S. defense contractors with foreign ownership on the establishment and administration of Special Security Agreements (“SSA”) and Proxy arrangements for review and approval by the Defense Security Service so that such U.S. defense contractors can compete for and work on classified U.S. Government contracts.