Defense Industrial Security/National Industrial Security Program Agreements

For foreign-owned businesses, it is crucial to have access to legal professionals with the knowledge to guide companies through the U.S. National Industrial Security regulations and import/export regulations.

That is why foreign-owned businesses across the U.S. have turned to Klimek, Kolodney & Casale, P.C., Combining a creative perspective with detailed legal knowledge and meticulous preparation, our lawyers are ideally equipped to guide clients through the maze of requirements established by the National Industrial Security Program (NISP), Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR).

Is Your Company Under Foreign Ownership, Control Or Influence?

In contract matters in the international arena, Klimek, Kolodney & Casale, P.C., maintains a keen focus on Foreign Ownership, Control or Influence (FOCI) mitigation. Our attorneys are adept at addressing issues related to:

  • Special Security Agreements (SSA) and Security Control Agreements (SCA)
  • Proxy Agreements (PA) and Voting Trust Agreements (VTA)
  • Security clearances for personnel working on sensitive government programs and contracts
  • Office of Foreign Asset Control (OFAC) compliance

Resolving FOCI factors is essential for businesses seeking government contracts since any business found to be under FOCI is automatically ineligible for a facility security clearance (FCL). To determine whether a particular company is under FOCI, the U.S. government will look at a variety of criteria, including any prior record of espionage against the U.S., past compliance with U.S. regulations, and any existing information exchange agreements.

Our law firm is experienced in using SSAs, PA, VTAs and other methods to effectively alleviate FOCI security clearance factors. To learn more about your company’s options and applicable foreign-owned business regulations, reach out to Klimek, Kolodney & Casale, P.C., Call 202-785-0491, or contact our firm by email.