CFIUS & FOCI Mitigation

For government contractors with facility clearances or operating in sensitive program environments, foreign investment transactions require careful legal navigation. Berry & Partners advises on Committee on Foreign Investment in the United States (CFIUS) reviews and on Foreign Ownership, Control, or Influence (FOCI) mitigation under the National Industrial Security Program.

We counsel companies through the CFIUS voluntary notice process, mandatory filing determinations, and mitigation agreement negotiations with the Department of Defense and other cognizant security agencies. For FOCI situations, we assist clients in developing and implementing mitigation instruments including Special Security Agreements (SSAs), Security Control Agreements (SCAs), and Proxy Agreements.

Our attorneys understand both the national security policy dimensions of these matters and the practical operational impact on government contractors, enabling us to advise on structures that satisfy agency requirements while preserving business viability.