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RESULTS FOR: National Security

When to Consider CFIUS Mitigation Requirements? Now!

September 17, 2020 | Compliance National Security

As my colleague Ken Mendelson noted, the watchword for ACI’s recent CFIUS conference was “mitigation.”  As a result of the new rules implementing the Foreign Investment Risk Review Modernization Act (“FIRRMA”), the number of deals requiring mitigation is likely to grow significantly.

The conference, however, focused mostly on the kinds of deals that would require mitigation.  The conference offered little detail regarding the specific mitigation measures that might be sufficient to get a transaction approved.  Those measures could … Read More

What to Prepare For and Expect With a CFIUS Monitor?

November 14, 2019 | Monitoring National Security

Given the recent expansion of transactions subject to review by the Committee on Foreign Investment in the United States (CFIUS), more foreign investments and acquisitions of US-based critical technology and data companies will need to be concerned about the government review.  Through the CFIUS review process, the government is attempting to mitigate US national security risks by foreign acquisition or investment in US-based companies which develop critical technologies or have access to sensitive US person data. Additionally, specific
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Sanctions and The Supply Chain: Basic Steps to Protect Yourself

December 20, 2017 | Compliance National Security Risk + Compliance

As the sanctions landscape becomes more complex and enforcement efforts expand across an array of federal agencies, it is increasingly necessary to regularly evaluate supply chain and trade operations to ensure companies are meeting their compliance expectations. The problem is compounded as the information technology landscape grows more robust and suppliers and buyers can be screened in real time, as well as the related parties within the transaction.

Sanctions compliance is predicated on strict liability, meaning no set of actions … Read More

Sanctions Compliance Requires More Than a Filter

December 7, 2017 | Compliance National Security Risk + Compliance

As we detailed in our last post, sanctions compliance is becoming increasingly difficult because the amount of data companies ingest is increasing, and because both OFAC and prominent regulators such as the New York State Department of Financial Services and the Monetary Authority of Singapore (MAS) have clearly articulated that simply screening transactions is not sufficient.

The sanctions program that addresses the threat of North Korea, or the Democratic People’s Republic of Korea, effectively highlights the regulators’ expectations. … Read More

Sanctions in 2017: Where are we now

November 30, 2017 | Compliance National Security Risk + Compliance

As we approach the one-year anniversary of the Trump Administration, it is important to take stock of what has changed within OFAC regulations. This past year has seen several major changes to sanctions regulations, including the removal of most sanctions against Sudan (except for some list based programs), rollback of certain travel authorizations under the Cuban sanctions program, and a much-increased focus on North Korea and Venezuela.

In many respects, OFAC has not significantly changed their pace of designations, … Read More

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