ARTICLE · 27 NOVEMBER 2017

Congress Moves To Authorize FOCI Whitelisting Program

Holland & Knight

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The U.S. Senate agreed on Nov. 16, 2017, to a conference report with respect to H.R.2810 – National Defense Authorization Act for Fiscal Year 2018.

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James D. Harris is Senior Counsel in our Washington, D.C., office.

HIGHLIGHTS:

The U.S. Senate agreed on Nov. 16, 2017, to a conference report with respect to H.R.2810 – National Defense Authorization Act for Fiscal Year 2018. The bill provides for a review regarding the applicability of Foreign Ownership, Control or Influence (FOCI) requirements of the National Industrial Security Program (NISP) to national technology and industrial base companies.
Within Section 1712, the bill would provide statutory authority to the U.S. Secretary of Defense to maintain a list of eligible companies for exemption from FOCI mitigations (FOCI Whitelist).
If the program is thoughtfully implemented, it is expected that many cases will present opportunities to review foreign investments from a new perspective, and result in an increase in international collaboration beneficial to U.S. national security.

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