AmericanConference.com/FOCI • 888 224 2480REGISTER NOW Part of C5 Group’s NATIONAL CONFERENCESECURITYPORTFOLIO Gain actionable FOCIstrategiesmitigation FOCI 5th National Forum on Critical takeaways for managing intensifying national security threats for companies under Foreign Operation, Control or Influence. September 14–15, 2022 Washington Marriott Georgetown | Washington, D.C. Associate Sponsors Conference Contributor ConferenceJenniferCo-Chairs:Brown Director of Security iDirect Government Antonia Tzinova Partner Holland & Knight LLP Join New, Practical Discussions on Critical, High Stakes Challenges, Including: ĉ Restructuring Proxy Agreements: When It Does (and Doesn’t) Make Sense to Restructure to Another National Security Agreement ĉ DCSA Expectations and Priorities: Key Updates on Reviews, Filing Requirements and Timelines, and NISPOM Implementation ĉ Affiliated Operation Plans in Practice: Top 5 Pitfalls to Avoid When Submitting AOPs and Seeking Approval ĉ The Finer Points of Navigating Overlapping CFIUS and DCSA Jurisdictions: Special Considerations for Filing, Reviewing and Transaction Due Diligence ĉ How Companies are Now Structuring and Implementing Mitigation Agreements and Addressing Expected (and Unexpected) Challenges C-LEVEL EXECUTIVE PANEL: Impact of FOCI on Company Priorities, Strategy and Growth CHAMPAGNE ROUNDTABLE BREAKOUTS on Insider Threat Analysis and Risk Management for Classified Contracts amid a Remote Workforce Benchmark with Decision-MakersIn-Housefrom: y Allied Universal y Dell Technologies y Raytheon Intelligence & Space y Tactical Air Support y Viasat In-Person/Livestream EARN CREDITSCLE/CPE
2 | #ACIFOCI twitter: @ACI_Conferences linkedin: ACI: International Trade Group DELVE into Supply Chain Threats Affecting the Manufacturing and Defense Industrial Base DISCOVER the Top 5 Pitfalls to Avoid When Submitting Affiliated Operating Plans (AOPs) and Seeking Approval DELIBERATE the Finer Points of Navigating Overlapping CFIUS and DCSA Jurisdictions ENSURE Your Electronic Communication Plan (ECP) and Technology Control Plans (TCP) Now Meet New Cyber Security Criteria STRENGTHEN Reporting Protocols for Foreign Contacts, Foreign Visits and Foreign Travel DON’T MISS THE OFPRACTICALCOMPREHENSIVE,ONLYFOCIEVENTITSKIND! CogsMaximize Your Learning at the Intensive, Post-Conference Workshop Calendar-alt September 15, 2022 Clock 1:00 pm–4:30 pm Your A-to-Z Guide to Affiliated Operation Plans The Most Critical Missteps to Avoid When Submitting Affiliated Operation Plans (AOPs) and Seeking Approval Why are AOPs so difficult to get right the first time? This interactive session will address the key requirements, pitfalls and best practices for filing Affiliated Operating Plans, and ultimately how to get approval. Workshop is In-Personofferedonly.
President Winn Consulting Solutions, LLC Outside Director Wood Programs, Inc.
Heather L. Finstuen Partner
Anthony King, MBA, ISP® Director of Security Robotic Research OpCo, LLC
Crowell & Moring LLP
Mary Griggs
Ray Katona Director, Legal Affairs T-Mobile
Holland & Knight LLP
Vice President, Head of Security Saab, Inc.
Tactical Air Support Inc.
Chad A. Nix
AmericanConference.com/FOCI • 888 224 2480REGISTER NOW Part of C5 Group’s NATIONAL CONFERENCESECURITYPORTFOLIO Must-Attend Event for: Vice Presidents and Directors of: ĉ Global Corporate & Industrial Security ĉ Export Controls ĉ Acquisition Policy ĉ Government Contracts, Compliance & Relations Corporate Professionals:Legal ĉ VPs, Legal Affairs/Operations ĉ Government Contracts Counsel ĉ Private Equity & Hedge Funds ĉ M&A & Joint Ventures Attorneys, Accountants and Consultants Specializing in: ĉ Government Contracts ĉ National HomelandandSecurity ĉ CFIUS Export Controls ĉ International Trade ĉ M&A and Joint Ventures ĉ Foreign Investment SPEAKER FACULTY
Jeffrey P. Spinnanger
Thales Defense & Security, Inc.
RC Thompson CEO
Vice President, General Counsel & Corporate Secretary CGI Federal Inc.
Trustwave Government Solutions
Director, Critical Technology Protection Office of the Under Secretary of Defense (Intelligence & Security)
Covington & Burling LLP
Vice CorporatePresident,Security
Senior Security Manager
Office of the General Counsel U.S. Department of Homeland Security
Angeline Chen Of Counsel
Distinguished Faculty
Curtis H. Chappell
Corporate Security Officer
Adelicia R. Cliffe Partner
iDirect Government
Raytheon Intelligence & Space
Ultra Electronics Defense, Inc. (UEDI)
Norman E. Pashoian Industrial Security Consultant White & Case LLP
Conference Co-Chairs
Current Outside Director, Former Director, Industrial Security, Defense Counterintelligence and Security Agency
Drew R. Winneberger
Adam MacVean
Craig Salvatore Senior SecurityDirector,Risk& Compliance Comcast
Chad C. Puffer
Corporate Information Systems Security Manager
Antonia Tzinova Partner
Michelle D. Hertz
William E. Cooper Attorney Advisor
DLA Piper
Wayne Chin Manager, Mitigation Strategy Defense Counterintelligence and Security Agency (DCSA)
Jennifer Brown Director of Security
Sheila Garland
Dustin D. Dwyer
Chief, Mitigation Strategy Unit Defense Counterintelligence and Security Agency (DCSA)
Proxy Holder
Ultra Electronic Defense Inc.
• Understanding how FOCI blends into the CFIUS review process, and the risks of undue transaction delays
• Best practices for coordinating with government, transaction parties, and outside counsel
Top 5 Pitfalls to Avoid When Submitting AOPs and Seeking Approval
Microphone-alt William E. Cooper, Attorney Advisor, Office of the General Counsel, U.S. Department of Homeland Security
• How does CFIUS involvement affect DCSA timelines
• Review of real-world case studies and examples
Perspectives from Outside Directors and Proxy Holders: Examining the Role of Outside Directors and How Best to Meet DCSA Expectations
• Developing internal steps to ensure you are properly mitigating potential risks, including:
• What happens to a FOCI mitigation agreement when a private company becomes public?
• Expected timelines and what can cause delays
9:15
Microphone-alt Curtis H. Chappell, Vice President, Corporate Security, Thales Defense & Security, Inc.
» Implementing Services: How will affiliated operations be implemented and are they mandatory?
Microphone-alt Norman E. Pashoian, Industrial Security Consultant, White & Case LLP
• How to meet DSCA expectations when restructuring foreign ownership, control, or influence (“FOCI”) mitigation agreements
12:15 Networking Luncheon for Speakers and Delegates
How Companies are Now Structuring and Implementing Mitigation Agreements and Addressing Expected (and Unexpected) Challenges: The Nuanced Role of the National Interest Determination (NID) and More
• Examining new forms, commitment notices, and processes for both CFIUS and DCSA
• How important is it to have a National Interest Determination (NID) — and the role of the NID within a proxy or an SSA
Mary Griggs, Current Outside Director, Former Director, Industrial Security, Defense Counterintelligence and Security Agency
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11:00 Networking Break
» Technology: What is being utilized, who has ownership, types of information being shared, and frequency of interaction
Antonia Tzinova, Partner, Holland & Knight LLP
• Identifying and addressing FOCI issues during due diligence and in transaction documents
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• Assessing the key provisions of the recent CFIUS reform (FIRRMA)
Affiliated Operation Plans in Practice
• Appointing an inside director under a Special Security Agreement following a PA restructuring
• Best practices and pitfalls to avoid when drafting and submitting an AOP, including:
• How to set up new businesses to anticipate FOCI mitigation
11:15
• Examining the relationship with the foreign parent, how it differs under a Proxy Agreement, a Special Security Agreement, and a Security Control Agreement or other agreements
9:00
• Developing a strategy for managing the FOCI and CFIUS processes in tandem
» Review of services: internal steps to ensure compliance with mitigating procedures, and how the FSO and Technology Control Officer (TCO) ensure compliance
• Ensuring your mitigation agreement aligns with your company’s needs
10:15
» Describing Services: Who is providing the affiliated operation, to whom, costs and benefits
• Weighing the pros and cons, and the impact of each type of agreement
• Key strategies for mitigating and managing affiliated operations
Microphone-alt Jennifer Brown, Director of Security & FSO/TCO, iDirect Government
Determining When It Makes Sense to Restructure to Another FOCI Mitigation Agreement: Key Considerations, Timelines and Processes
2:45
Drew R. Winneberger, President, Winn Consulting Solutions, LLC, Outside Director, Wood Programs, Inc., Proxy Holder, Trustwave Government Solutions
Microphone-alt Jennifer Brown, Director of Security, iDirect Government Antonia Tzinova, Partner, Holland & Knight LLP
Dustin D. Dwyer, Chief, Mitigation Strategy Unit, Defense Counterintelligence and Security Agency (DCSA)
Microphone-alt Wayne Chin, Manager, Mitigation Strategy, Defense Counterintelligence and Security Agency (DCSA)
• How does DCSA assess business structure in the context of mitigation agreements?
Wednesday, September 14
The Finer Points of Navigating Overlapping CFIUS and DCSA Jurisdictions: Special Considerations for Filing, Reviewing and Transaction Due Diligence
• Understanding the scope of FOCI commitments when making agreements, and that the long-term effects on business structure
• Analyzing the effects that FIRRMA has on companies at varying points in the FOCI mitigation and CFIUS approval processes
1:45 FOCI MITIGATION AGREEMENT CASE STUDIES
Heather L. Finstuen, Partner, Covington & Burling LLP
Opening Remarks from the Co-Chairs
Restructuring Proxy Agreements
Microphone-alt Adam MacVean, Corporate Information Systems Security Manager, Ultra Electronic Defense Inc.
Insider Threat Analysis and Risk Management
9:45 ECPs and TCPs for the IT Manager
• Knowing who has access to data and know how communication is flowing
Back by popular demand! Delegates are invited to break out into smallergroup discussion tables to trade experiences and lessons learned for confronting the challenges of maintaining security standards amid a remote and hybrid workforce. Facilitators will guide the conversation to identify the latest best practices.
• Enhancing DIB cybersecurity to meet evolving threats
• How to meet government expectations and annual reporting standards
• How (and how not) to address compliance concerns and issues as they arise
• Who has access, and how many people have access, to contracts?
Microphone-alt Jeffrey P. Spinnanger, Director, Critical Technology Protection, Office of the Under Secretary of Defense (Intelligence & Security)
• Where are contracts being executed?
• Meeting continuous certification requirements for information systems
• How does the parent company ensure and validate that all the materials of the product are sourced in the U.S., and not a foreign company?
• Knowing when your company is a target for a security threat
The U.S. Department of Defense report entitled, Securing DefenseCritical Supply Chains, released in February 2022, recommends front-end assessment of a program’s acquisition strategy to ensure a resilient supply chain. This session will address the increased scrutiny being placed on U.S. acquisitions and will discuss actionable FOCI mitigation applications.
• Examining and testing compliance
Chad A. Nix, Corporate Security Officer, Ultra Electronics Defense, Inc. (UEDI)
Closing Remarks from the Co-Chairs Conference Adjourns
9:00
CHAMPAGNE ROUNDTABLES
• How to support your FSO in ascertaining priorities
4:30
Remarks from the Co-Chairs
9:05
Topics of discussion will include:
How to Ensure Your Electronic Communication Plan (ECP) and Technology Control Plans (TCP) Now Meet New Cyber Security Criteria
• Instilling a collaborative culture of cybersecurity and cyber resilience
• How are classified contracts being viewed under CMMC
• Ensuring the parent company is aware of security concerns when introducing foreign products into the United States
Insider Threat Analysis and Risk Management for Classified Contracts Amid a Remote and Hybrid Workforce: Security Standards, Monitoring Requirements and Controlling Access
• Analyzing the reports, newly identified “strategic enablers” and how they may cause national security risks, including: Workforce, Cyber poster, Manufacturing and Small business
Mary Griggs, Current Outside Director, Former Director, Industrial Security, Defense Counterintelligence and Security Agency
During the latter part of the session, each table will share their findings with the whole group, followed by audience Q&A.
• Ensuring accountability while minimizing barriers to compliance with DoD requirements
DAY TWO
• Meeting expectations for site visits and how DCSA now supervises compliance
• Examining new national security focus areas for supply chain, including Kinetic capabilities, Energy storage and batteries, Casting and forging, and Microelectronics
• The latest on how systems are protected, including firewalls, system architecture and passwords
Anthony King, MBA, ISP®, Director of Security, Robotic Research OpCo, LLC
• Communicating security measures to outside directors and other key company players
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Craig Salvatore, Senior Director, Security Risk & Compliance, Comcast
Thursday, September 15
• How unclassified data is now being protected
• How are you monitoring requirements?
Supply Chain Threats Affecting Manufacturing and the Defense Industrial Base: New Security and FOCI Considerations Impacting Product Sourcing and Contract Performance
• How the new DoD cyber security clause is different from earlier versions
• Meeting expectations for recordkeeping and logs
5:00
• Discussing what qualifications or criteria make for a good outside director and proxy holder
• What is the requirement for monitoring data for potential real attacks?
Microphone-alt Mary Griggs, Current Outside Director, Former Director, Industrial Security, Defense Counterintelligence and Security Agency
• How is your remote workforce communicating with a foreign parent company?
PANEL
Microphone-alt Anthony King, MBA, ISP®, Director of Security, Robotic Research OpCo, LLC
Craig Salvatore, Senior Director, Security Risk & Compliance, Comcast
3:45
• Safeguarding sensitive information
3:30 Networking Break
• How can a foreign national appointment affect your security clearance?
How Updated Government Processes are Changing the Reporting of Foreign Contacts, Visits, Travel and Cleared Personnel: Key Takeaways on the Adjudicative Guidelines and SEAD 3, Supplemental Documents and More
Cogs
Chad C. Puffer, Vice President, Head of Security, Saab, Inc.
• How to customize an AOP for your company to maximize efficiencies while meeting DCSA requirements
• How will company changes affect a company’s National Interest Determination (NID)?
• Identifying potential affiliated operations that make sense, or whether you are already engaging in affiliated operations
Microphone-alt Sheila Garland, Senior Security Manager, Raytheon Intelligence & Space
12:15
Adelicia R. Cliffe, Partner, Crowell & Moring LLP
POST-CONFERENCE WORKSHOP
• Meeting expectations for security briefings before any foreign travel, whether for personal or business reasons
Microphone-alt Michelle D. Hertz, Vice President, General Counsel & Corporate Secretary, CGI Federal Inc.
Closing Remarks from the Co-Chairs Conference Concludes
American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “ACI’s National Forum on FOCI”. Hotel: Washington Marriott Georgetown Address: 1221 22nd Street NW, Washington, DC, 20037 Reservations: 1 (800) 228-9290 or (202) 872-1500 Please note that the guest room block cut-off date is August 23, 2022. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed. VENUE INFORMATION Workshop is offered In-Person only.
11:30
10:45 C-LEVEL EXECUTIVE PANEL
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Ray Katona, Director, Legal Affairs, T-Mobile
Unlike other workshops, the discussion will focus specifically on real-world takeaways and actionable solutions for your work after the event. Benefit from truly interactive learning through sample AOPs, hypothetical scenarios and writing examples, benchmarking and more. This session will be offered in-person only.
1:00–4:30
» Mapping out intended affiliated operations, including administrative support and commercial interactions
RC Thompson, CEO, Tactical Air Support Inc.
• Examining clearance for travel to hazardous countries for Sensitive Compartmented Information (SCI)-cleared individuals
• Key misconceptions about visits, and what is considered a “routine business” visit
Thursday, September 15
Why are AOPs so difficult to get right the first time? This interactive session will address the key requirements, pitfalls and best practices for filing Affiliated Operating Plans, and ultimately how to get approval the first time.
• Monitoring of Affiliated Operations: How the Government Security Committee (GSC) and FSO ensure compliance
• Meeting requirements to notify DCSA of any proposed category of Affiliated Operations
• Executing procedures for ensuring services do not circumvent the requirements of the Agreement
• How will changes to company structure affect National Security Agreements and Proxy Agreements?
10:30 Networking Break
• How to report foreign travel outside of the United States
» Identifying FOCI risks and how to specifically mitigate them
• Examining how the company is organized, structured and financed in order to be capable of operating as a viable business entity independent from the Affiliates
• Reporting Foreign Contacts and visits to foreign parents
Microphone-alt Angeline Chen, Of Counsel, DLA Piper
The new Adjudicative Guidelines and Security Executive Agent Directive (SEAD) 3 with a focus on foreign travel, will take effect as of August 2022. This session will look at supplemental documents, including the contacts and visits policy, foreign travel and cleared personal policy.
Topics will include:
Your A-to-Z Guide to Affiliated Operation Plans The Most Critical Missteps to Avoid When Submitting Affiliated Operation Plans (AOPs) and Seeking Approval
Corporate Leaders Discuss the Impact of FOCI on Company Priorities, Strategy and Growth for the Future
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