National security concerns and restrictions increasingly impact business activity in the U.S. and globally. Congress has expanded national security regimes, especially the Committee on Foreign Investment in the United States (CFIUS), impacting cross-border transactions. Businesses must consider national security before making consequential decisions involving international investment and trade.
StoneTurn helps organizations navigate complex and opaque considerations inherent in cross-border transactions. Our experts in national security, compliance, audit, policy, cybersecurity, counterintelligence, investigations, and risk consult clients in all phases of cross-border transactions.
Before a transaction, we help identify issues that may raise concerns with foreign direct investment (FDI) regulatory bodies, including CFIUS, and develop mitigation strategies. During a transaction, we work to identify and communicate sensible strategies that alleviate regulatory and national security concerns while minimizing business disruption. We are also frequently called upon as third-party monitors and auditors to oversee compliance with National Security Agreements and other mitigation arrangements.
- DOJ
- SEC
- CFIUS
- NYDFS
- DoD
Offices across 5 continents
Countries with on the ground experience
Languages
How We Help
Risk Assessments and Investigative Due Diligence
Our experts have extensive experience with transactions that involve national security concerns in both the government and private sectors. We conduct risk mitigation assessments to help identify potential concerns of regulators and challenges that might arise and develop strategies to neutralize them. Our team can also perform due diligence on potential targets, investors, and partners. Finally, StoneTurn can help develop a successful business strategy to minimize operational impact on a mitigated business that aligns with Foreign Ownership, Control or Influence (FOCI) regulations.
CFIUS and FOCI Mitigation Advisory
CFIUS can require non-U.S. investors to commit to certain conditions in a mitigation agreement. Our team helps anticipate, analyze, and strategize potential mitigation proposals from the government to help assess costs and gauge effectiveness and sustainability. We can also assist in balancing the competing interests of other countries by conducting national security reviews of foreign inbound investments from a practical and independent perspective. Successful implementation of a mitigation agreement and complementary compliance program can be challenging for a growing business, but it is well worth the effort. We view compliance not only as a business imperative but also as a potential differentiator in a competitive environment.
Independent Reviews and Monitoring
Our team works with companies to implement or enhance necessary internal controls and monitor mitigated operations to ensure compliance and efficiency. We currently serve as CFIUS compliance auditors, providing independent reviews of compliance with mitigation agreements and reporting findings to the U.S. government.
