FH+H attorneys help government contractors obtain Facility Security Clearances (“FCL”) from the Defense Security Service (“DSS”) and mitigate foreign ownership, control, or influence (“FOCI”).
Services + Solutions
Our FCL and FOCI team can help clients:
- Develop an effective pre-award strategy for securing FCL sponsorship
- Prepare the necessary documents for requesting FCL sponsorship
- Integrate the FCL application process into transaction timelines
- Determine whether they are subject to the FOCI provisions of the National Industrial Security Program Operating Manual (“NISPOM”)
- Identify the most effective FOCI mitigation plan
- Negotiate FOCI mitigation plans with DSS
- Develop Special Security Agreements, Security Control Agreements, Proxy Agreements, Voting Trust Agreements and Board Resolutions to effectively mitigate FOCI
Experience + Capabilities
Whether your business is receiving a minority investment from a foreign individual or is being wholly-acquired by a foreign entity, FH+H can help ensure that your business continues to receive classified and top secret government contracts while it grows and develops.
- FH+H has significant experience in the defense, intelligence, and homeland security sectors.
- FH+H clients include many Government Contractors, ranging from start-ups to multi-billion dollar defense titans.
- Through representing its Government Contractor clients, FH+H has developed an effective working relationship with DSS representatives.
- Several FH+H lawyers have previously worked for Government Contractors.
- FH+H has a SCIF capable of storing classified documents and handling classified communications.
Successes + Clients
Note: Case results depend on a variety of unique factors, and do not guarantee or predict similar results for future cases.
- When a foreign private equity firm acquired a minority interest in a highly-cleared defense contractor, FH+H ensured that the FOCI remained mitigated post-transaction, thus preserving the contractor’s FCL.
To learn more about how FH+H lawyers can help with facility clearances and FOCI, please contact one of our professionals.