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CFIUS Mitigation Measures

CFIUS (Committee on Foreign Investment in the United States) Mitigation Measures

 

Guidepost Solutions offers a strong background in integrity and compliance monitoring as well as national security matters. Many of our team members have served in senior positions within the U.S. Intelligence Community including the Department of Justice, Department of Homeland Security, Central Intelligence Agency, and the FBI.  We also have team members from the Department of Commerce which adds to our capabilities. As a result of our experience, we can uniquely and effectively serve as compliance monitors for CFIUS mitigation measures.

Many of our professionals have worked as compliance monitors around the world in multiple settings. In these roles, we evaluate compliance with government orders and settlement agreements, provide recommendations for remediation of any deficiencies; and report findings to both the business and the government. We use our expertise and skills in deep research and due diligence, forensic accounting, and digital evidence, along with our computer specialists to accomplish our efforts.

Evaluations

With this expertise, Guidepost Solutions is fully equipped to evaluate compliance with CFIUS mitigation measures, such as:

  • Access to restricted technology;
  • Guidelines for handling and protecting U.S government customer and other sensitive information, and the systems containing such information;
  • Requirements for U.S. nationals to perform key functions;
  • Requirements for certain key functions to only be performed in the United States;
  • Obtaining approval from security officers or U.S. government parties for visits by foreign nationals to U.S. businesses;
  • Adoption of security measures to ensure the integrity of goods sold to U.S. customers;
  • Notification to U.S. customers of the change of ownership to allow them to implement their own security measures, if necessary; and
  • Assuring continuous supply or requiring consultation with U.S. customers before making certain decisions or exiting a business line.

Experience

The Guidepost Solutions team brings to CFIUS mitigation monitoring broad experience with compliance monitoring and a deep understanding of national security matters. We have served on monitorships for international financial institutions and a global oil and gas company implementing financial regulatory programs involving national security.

Several members of our team held government positions responsible for enforcing compliance with statutes and regulations directly impacting national security concerns. These include:

  • Overseeing trade compliance (OFAC, EAR, ITAR), anti-money laundering investigations, private sector compliance programs, and enforcement of the Export Administration Act and related export control regulations.
  • Directing the FBI’s involvement in providing intelligence and defining mitigation measures for CFIUS matters.
  • Responsibility for reviewing documentation and conducting risk assessments on foreign investors under review in CFIUS matters.

In sum, Guidepost Solutions has the national security expertise and compliance monitorship experience to:

  • Evaluate compliance with CFIUS mitigation agreements;
  • Work with businesses to develop remediation plans for any deficiencies; and
  • Report findings to the government.

Our government experience coupled with our reputation in integrity monitoring makes Guidepost Solutions a trusted source for CFIUS mitigation compliance monitoring.

 

Guidepost Solutions offers a strong background in integrity and compliance monitoring as well as national security matters. Many of our team members have served in senior positions within the U.S. Intelligence Community including the Department of Justice, Department of Homeland Security, Central Intelligence Agency, and the FBI.  We also have team members from the Department of Commerce which adds to our capabilities. As a result of our experience, we can uniquely and effectively serve as compliance monitors for CFIUS mitigation measures.

Many of our professionals have worked as compliance monitors around the world in multiple settings. In these roles, we evaluate compliance with government orders and settlement agreements, provide recommendations for remediation of any deficiencies; and report findings to both the business and the government. We use our expertise and skills in deep research and due diligence, forensic accounting, and digital evidence, along with our computer specialists to accomplish our efforts.

Evaluations

With this expertise, Guidepost Solutions is fully equipped to evaluate compliance with CFIUS mitigation measures, such as:

  • Access to restricted technology;
  • Guidelines for handling and protecting U.S government customer and other sensitive information, and the systems containing such information;
  • Requirements for U.S. nationals to perform key functions;
  • Requirements for certain key functions to only be performed in the United States;
  • Obtaining approval from security officers or U.S. government parties for visits by foreign nationals to U.S. businesses;
  • Adoption of security measures to ensure the integrity of goods sold to U.S. customers;
  • Notification to U.S. customers of the change of ownership to allow them to implement their own security measures, if necessary; and
  • Assuring continuous supply or requiring consultation with U.S. customers before making certain decisions or exiting a business line.

Experience

The Guidepost Solutions team brings to CFIUS mitigation monitoring broad experience with compliance monitoring and a deep understanding of national security matters. We have served on monitorships for international financial institutions and a global oil and gas company implementing financial regulatory programs involving national security.

Several members of our team held government positions responsible for enforcing compliance with statutes and regulations directly impacting national security concerns. These include:

  • Overseeing trade compliance (OFAC, EAR, ITAR), anti-money laundering investigations, private sector compliance programs, and enforcement of the Export Administration Act and related export control regulations.
  • Directing the FBI’s involvement in providing intelligence and defining mitigation measures for CFIUS matters.
  • Responsibility for reviewing documentation and conducting risk assessments on foreign investors under review in CFIUS matters.

In sum, Guidepost Solutions has the national security expertise and compliance monitorship experience to:

  • Evaluate compliance with CFIUS mitigation agreements;
  • Work with businesses to develop remediation plans for any deficiencies; and
  • Report findings to the government.

Our government experience coupled with our reputation in integrity monitoring makes Guidepost Solutions a trusted source for CFIUS mitigation compliance monitoring.

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