Foreign investment can play an important role in maintaining the vitality of the U.S. industrial base. Therefore, it’s the policy of the U.S. Government to allow foreign investment consistent with the national security interest of the United States. A company is considered to be operating under FOCI whenever a foreign interest has the power, direct or indirect, whether or not exercised, and whether or not exercisable, to direct or decide matters affecting the management or operations of that company in a manner that may result in unauthorized access to classified information or may adversely affect the performance of classified contracts.

The following factors relating to a company, the foreign interest, and the government of the foreign interest are reviewed in the aggregate in determining whether a company is under FOCI:

• Record of economic and government espionage against U.S. targets

• Record of enforcement and/or engagement in unauthorized technology transfer

• The type and sensitivity of the information that shall be accessed

• The source, nature, and extent of FOCI

• Record of compliance with pertinent U.S. laws, regulations, and contracts

• The nature of any bilateral and multilateral security and information exchange agreements that may pertain

• Ownership or control, in whole or in part, by a foreign government

In this program, we will cover:

• Refresher on US FDI and FOCI laws, regulations, and jurisdictional agencies
• General implementation of FDI, FOCI, and related export control requirements
• Required policies, plans, and training for FDI and FOCI compliance
• Required registrations for FDI and FOCI compliance
• Forms of FOCI mitigation, including organizational structures
• Reporting and notice requirements for FDI and FOCI
• Overview of enforcement, mitigation, remediation, and penalties

Presented by attorney  David Vance Lucas, International Partner, Womble Bond Dickinson (US):

For over three decades, David Vance Lucas has applied his legal, technological, and operational experience to craft strategic advice on intellectual property, international trade, and complex litigation matters. He accumulated much of this experience while serving as general counsel for a global technology company and later a clinical laboratory software company. David utilizes this experience and legal acumen to advise C-suites and boards of directors (public and private) on legal, compliance, and operational issues.

David has extensive experience in a variety of U.S. and foreign compliance environments, including foreign direct investment, export control, data protection, privacy, and special security requirements. He has protected, licensed, and litigated intellectual property rights throughout the U.S., U.K., and Europe and regularly advises private and public companies on the creation, implementation, and execution of strategic plans for intellectual property. He has held U.S. secret clearance, essential for certain specialized government matters, including mitigation of Foreign Ownership Control and Influence (FOCI) and Committee on Foreign Investment in the United States (CFIUS).

Womble Bond Dickinson is an international transatlantic law firm that provides a full range of legal services to companies and individuals working across international borders. This includes regulatory compliance, cross-border trade, global transactions, government contracts, international investments, inbound contracts, international IP protection, dispute resolution, litigation, international tax issues, and more.

Register Now