Solutions

National Security Services

Many aspects of today’s business can have national security implications. Threats and technologies are constantly changing, and so it may seem, are the government’s guidance and regulations.

We work directly with corporate clients and their counsel supporting mission-critical programs to:

  • Validate corporate compliance with government mandates
  • Test corporate compliance programs to ensure they are meeting the requirements of regulators and government-imposed mitigation plans.
  • Develop and test holistic compliance and security programs that are proactive in addressing national security threats and concerns by the government.

Whether the challenges relate to CFIUS, sanctions and export controls, cybersecurity, or anti-corruption, we can help you meet compliance mandates and guard your sensitive data. This allows you to address the most difficult challenges and continue moving forward with important opportunities.

Founded, led, and staffed by former senior national and homeland security, law enforcement, and other U.S. government officials, Guidepost knows national security. Our professionals have unparalleled experience designing, implementing, and enforcing national security programs at the most senior levels of government. Our team includes former senior officials from the Federal Bureau of Investigation, United States Secret Service, Homeland Security Investigations, as well as numerous United States Attorney’s Offices and the Homeland Security Council at the White House. We have extensive experience working with the Departments of Defense, Treasury, Commerce, Justice, and Homeland Security.

Our National Security Practice includes these focus areas:

 

Foreign investors acquiring critical U.S. technology and data companies can expect a thorough review of the transaction by the Committee on Foreign Investments in the United States (CFIUS) to determine whether the acquisition could present national security risks. In cases where CFIUS finds that a transaction raises national security concerns, it may require the parties to take steps to mitigate those concerns.

We can assist through the identification of key risk areas, the development of appropriate mitigation measures, and where required, CFIUS compliance monitoring and auditing. Our team of experts has evaluated compliance with government orders and settlement agreements, developed remediation plans to address deficiencies, and reported findings to both the transaction parties and the government.

Our background in national security and compliance monitoring has made us the choice to oversee CFIUS mitigation plans. Our credibility with the government and reputation as fair but firm monitors provides confidence to ensure cost effective compliance.

Our team is fully equipped to evaluate compliance with CFIUS mitigation measures, such as:

  • Providing guidelines for handling and protecting U.S. government, customer, and other sensitive information, and the systems with the information
  • Assisting in maintaining ongoing business activity during implementation of a mitigation plan
  • Advising U.S. suppliers and customers of an ownership change to allow them to implement their own security measures, if necessary
  • Ensuring foreign nationals needed for joint operations are able to visit U.S. facilities
  • Requirements for key functions to be performed only in the U.S. or by U.S. nationals
  • Appropriate access to restricted technology for business strategy and marketing purposes

 

Complying with sanctions and export controls requires continued vigilance. Just in the past several years, there have been several major changes to sanctions regulations. To ensure you are prepared, we develop compliance plans and perform critical monitoring of anti-money laundering (AML) and the U.S. economic sanctions programs.

We also assist with trade compliance matters, including compliance with the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).

We treat cyber threat mitigation with a holistic and top-level planning approach through our comprehensive threat, risk and vulnerability management services to protect against a full spectrum of cyber and physical security issues. These innovative capabilities are specifically designed to improve cyber defense capabilities and prevent or remediate any incidents when they occur.

We assist in addressing challenges relating to national security and government contracts. We have served as experts and assisted law firms and companies in responding to audits and investigations, as well as conducting internal investigations.

 

Why Choose Guidepost?

  • Experience: Members of our team have significant experience inside key agencies of the United States government, including the White House, Department of Justice, Department of the Treasury, Department of Commerce, Department of Homeland Security, FBI, Homeland Security Investigations, Congress and US Attorneys’ offices around the country.
  • Credibility: Several members of our team maintain high-level security clearances and maintain regular contact with US government officials regarding compliance and regulatory issues.
  • Leadership: Our National Security practice is led by a former senior FBI Official, Stephanie Douglas who had oversight for the FBI’s National Security Branch.

Relevant Experience:

  • Guidepost currently serves as the CFIUS monitor for a customer foreign owned data analytics company collecting US person information. In the role as monitor, Guidepost has worked with both the Transaction Parties, their outside counsel and the CFIUS Monitoring Agency (Department of Justice) to review internal controls around data privacy, information and physical security, personnel, training and reporting.
  • Guidepost served as a CFIUS monitor for a US based robotics company with significant foreign investment. This engagement involved multi-year oversight of the company’s systems, it’s protection efforts around its sensitive intellectual property, its physical security, and personnel security. As monitor, we worked collaboratively with the US based entity and its outside counsel ensuring consistent and transparent communication with the CFIUS Monitoring Agency (DOD).
  • Guidepost serves as the independent, third-party auditor for a domestic telecommunications company acquired by a foreign conglomerate and subject to a National Security Agreement with Team Telecom. This engagement evaluates policies and procedures, physical and cyber-security controls and overall compliance with provisions required to protect U.S. National Security and Law Enforcement interests.