The globalization of markets and capital, combined with greater governmental sensitivity to potential national security issues, has elevated national security risk in the spectrum of business concerns. Managing CFIUS, Team Telecom and foreign ownership, control and influence (FOCI) requirements, as well as sanctions and export controls compliance, calls for a partner with deep regulatory experience, extensive due diligence capability and local intelligence-gathering in locations around the world.
Whether you are a private fund adviser evaluating potential foreign limited partners, a foreign-owned company seeking to understand how the U.S. government may view your U.S. investment through a national security lens, a manufacturer ensuring export controls and sanctions compliance across your supply chain, or a foreign-owned telecommunications carrier seeking to mitigate potential risks associated with your managed service providers, Kroll can help.
Our CFIUS and National Security Advisory practice includes former senior U.S. government officials with firsthand experience setting the direction of CFIUS, Team Telecom and other national security regulatory bodies. Many of our professionals have led foreign investment review teams at the U.S. Department of Defense, Department of Homeland Security and Department of Commerce. Having served on the other side of the negotiating table as high level U.S. government officials or as their agents, our professionals have unique insight into the concerns that the U.S. government may have about a transaction beyond the four corners of the regulations. Their expertise is complemented by a global team of professionals drawn from the ranks of former prosecutors, law enforcement and intelligence officers.
Investigative Due Diligence
Because our global network of offices is staffed with well-connected local nationals, our due diligence provides comprehensive political, social and reputational portraits that go beyond what appears in legal and financial records. Coupled with unique insights derived from firsthand experience within U.S. national security regulatory bodies, our intelligence enables us to advise on whether findings for a foreign entity will be significant or not.
National Security Audits
Our team’s experience allows us to view third parties and potential transactions through the same national security lens that regulators do. Our evaluations look at actual practices rather than mere self-assessments, so we are able to spot issues before they become full-fledged problems—whether concerning a potential acquisition target, a supplier or the home company.
Cyber Security Risk Review
Our CFIUS and National Security Advisory team works closely with our Cyber Risk practice to identify vectors likely to raise concerns with CFIUS or Team Telecom. We then develop strategies to create the necessary data separation and protection to give regulators comfort that the perceived national security risk has been mitigated.
Operational Risk Review
Working closely with our global Security Risk Management practice, our CFIUS and National Security Advisory team mitigates operational security risks likely to concern CFIUS or Team Telecom. We craft practical solutions to government imposed requirements for physical separation of U.S. assets from foreign-owned entities.
When suspected or actual national security compliance violations occur, we help organizations identify the root of the problem and implement the controls necessary to prevent further incidents and respond to regulatory action.
Independent Third-party Audits and Monitorships
Our CFIUS and National Security Advisory practice can assure regulators of an organization’s compliance with national security obligations and risk mitigation efforts by providing trusted third-party monitoring and compliance audits.