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Mitigation
Everything you wanted to know about NSAs but were afraid to ask

Everything you wanted to know about NSAs but were afraid to ask

In the latest edition of “Ten Minutes On,” we discuss mitigation agreements with Tyler McGaughey, who previously managed the day-to-day operations of the CFIUS team at Treasury. We cover how CFIUS makes decisions, how terms are negotiated with companies, how monitoring happens, and more.

Exploring the costs associated with CFIUS mitigation and compliance

Exploring the costs associated with CFIUS mitigation and compliance

This week, we sit down with Steve Klemencic, a former division chief of the DoD’s Defense Intelligence Agency. Klemencic, who helped stand up the National Intelligence Council’s CFIUS Support Group and the FBI’s Foreign Investment Unit, explains the (hidden) costs associated with NSAs.

CFIUS disclosures: mitigation deal, foreign person declarations, more

CFIUS disclosures: mitigation deal, foreign person declarations, more

As FIW readers know, we scour SEC disclosures daily to unearth CFIUS filings, clearances and more. Occasionally, we find trends and anomalies worth hitting with a spotlight. This week we highlight uniform “foreign person” declarations, CFIUS-related termination rights, and more.

Insights on when to consider CFIUS mitigation requirements

Insights on when to consider CFIUS mitigation requirements

As we covered back in July, the number of mitigation agreements monitored by the DoJ has nearly doubled. So this week, we turned to Keith Ausbrook, an expert on monitoring and compliance, to outline practical steps that may be helpful when mitigation is required.

CFIUS risk assessments, audits, and mitigation agreements

CFIUS risk assessments, audits, and mitigation agreements

This week, we speak (virtually, of course) with Michael Rose, National Practice Leader for CFIUS Advisory Services at EisnerAmper. On tap: Pre-filing risk assessments; pitfalls for companies to avoid; controls and procedures to ensure compliance with mitigation agreements; third-party compliance audits; and more.

DoJ official details effective mitigation agreements, more

DoJ official details effective mitigation agreements, more

A leader of the DoJ’s National Security Division has provided some great details on compliance and enforcement of mitigation agreements. Of note: The DoJ conducted 35 site visits last year to monitor compliance. Details, key takeaways, the full speech, and contact information are inside.

Firm provides insights on CFIUS mitigation measures

Firm provides insights on CFIUS mitigation measures

As we reported last month, the most recent report from CFIUS provided data on covered transactions, filings and investigations. This week, two experts look at the data to provide insights into mitigation measures negotiated and adopted in 2018. Their examples of mitigation measures proposed are inside, as are extensive details, contact information, and related resources.