Cadwalader practitioners are widely known for their long-standing expertise in the national security area and regularly appear before myriad U.S. government agencies with jurisdiction over U.S. national security-related matters. Our clients in this area include domestic and foreign public and private companies, operating in numerous business segments, and across industry sectors with security sensitivities, such as aerospace and defense companies; industrials; oil, gas, petrochemical and wind conglomerates; telecommunications suppliers and providers; technology and security companies; transportation carriers; financial institutions; financial services providers; trading entities; global marketplace service companies; news organizations; and sovereign wealth funds.
CFIUS: We advise on issues arising under Section 721 of the Defense Production Act (the so-called "Exon-Florio Amendment," as amended by the Foreign Investment and National Security Act of 2007), which gives rise to filings before the Committee on Foreign Investment in the United States ("CFIUS"), chaired by the U.S. Department of the Treasury. Our attorneys, several of whom have high-level security clearances, assist clients in the assessment of the threats posed by a contemplated transaction, including examining the vulnerability of the target, the nature of the investment, and the national security consequences of foreign control. Counsel then extends to structuring, negotiating and documenting transactions, including particularly sensitive security and mitigation agreements, to address regulatory issues and resolve the security concerns presented by proposed transactions. Cadwalader also represents buyers, sellers and investors regarding the national security implications of foreign acquisitions of, and investments in, U.S. businesses, including in CFIUS reviews. While historically, CFIUS was primarily concerned with acquisitions in the defense field, broad homeland security concerns are now equally paramount and areas subject to CFIUS scrutiny now extend to telecommunications carriers and equipment manufacturers; critical infrastructure, including transportation facilities and utilities; cutting-edge information and other technologies. One of our attorneys has the additional distinction of having made the first CFIUS filing in 1988, when the Exon-Florio Amendment was just enacted.
Export Control: We also advise on compliance with the requirements of the National Industrial Security Program and its operating manual ("NISPOM") of the U.S. Department of Defense; and compliance with U.S. export laws and regulations, including the Arms Export Control Act and the International Traffic in Arms Regulations administered by the U.S. Department of State, and the Export Administration Act and the Export Administration Regulations administered by the U.S. Department of Commerce.