CFIUS, FOCI & Industrial Security
The Cohen Group's (TCG) practice on CFIUS, foreign ownership and controlling influence (FOCI), and industrial security is extremely active in assisting US and foreign parties in:
- Structuring transactions to anticipate and satisfy US security requirements.
- Managing foreign investment cases before the Committee on Foreign Investments in the US (CFIUS) to obtain approvals expeditiously and with the least impact on business.
- Leading the overall political management of such cases, designing and implementing strategies to address congressional, media, labor, and other factors that can affect the formal CFIUS process.
- Working with the Defense Security Service and other cognizant agencies on FOCI mitigation and industrial security issues, including National Interest Determinations (NIDs).
The Cohen Group also has advised firms on security-based investment and trade controls in China, India, the European Union, Russia, and other countries as such controls have become more common around the world. Examples since mid-2010 include the following transactions:
- Assisted a US telecom equipment manufacturer in analyzing security risks associated with all potential acquirers, advising the selection of the acquirer, and advising in the successful navigation of the CFIUS review and investigation process and the Chinese anti-monopoly review of this billion dollar transaction.
- Advised a Chinese telecom equipment manufacturer in developing a strategy to address US security concerns, advising on the firm's internal organization, leadership and processes; introducing the Chinese firm's leadership to senior Defense Department (DOD) officials; and independently interfacing with the Intelligence Community.
- Assisted a UK technology firm with a Department of Energy-managed FOCI process for the acquisition of a US government IT contractor, including introducing the UK leadership to senior officials at DOE, the White House, Treasury Department, and National Security Council.
- Assisted a Canadian firm with challenges regarding NIDs for the US defense contractor it acquired, addressing both specific contract issues and working with DOD leadership on revising DOD policy and processes for handling NIDs.
- Assisted a French firm with the CFIUS process regarding its billion dollar acquisition of a US defense and homeland security contractor, including independently interfacing with DOD and the Intelligence Community, advising the firm on how to structure DSS proxy and CFIUS National Security Agreements to achieve security objectives with minimum business impact.
The Cohen Group principals have unparalleled experience and expertise on CFIUS and related matters. We also are experienced in working with and managing teams that bring together legal, public relations, and other specialists for CFIUS cases. The Cohen Group principals actively involved in CFIUS and related matters include: Secretary William Cohen, James Bodner, Joseph Benkert, Admiral James Loy, General Paul Kern (US Army-Retired), General Joseph Ralston (USAF-Retired), Lord George Robertson, Paul Gebhard.