Jennifer Schaus & Associates SERVICES FOR US FEDERAL GOVERNMENT CONTRACTORS
WEBINAR WEDNESDAYS – 2018 WASHINGTON, DC OFFICE PHONE: 2 0 2 – 3 6 5 – 0 5 9 8
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Join Us for Our 2018 Series of Complimentary Webinars on various US Federal Government Contracting Topics. Presenters are industry experts sharing knowledge about the competitive government contracting sector. Find all of our Govt Contracting webinars (free download) at www.JenniferSchaus.com
Contact Us @ 2 0 2 – 3 6 5 – 0 5 9 8
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
REMINDERS: All webinars are complimentary. All webinars are recorded. They are found on our website and on YouTube. Please send your questions to the speaker directly. Thank you for participating.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT JENNIFER SCHAUS & ASSOCIATES: - Based in downtown Washington, DC; -
A la carte services for Federal Contractors;
Proposal Writing to GSA Schedules, 8a Cert and Contract Administration, etc.; Educational webinars; -
Networking events and seminars;
WEBSITE: http://www.JenniferSchaus.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT OUR SPEAKER: Margaret M. Cassidy, Esq. -
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10+ Years In GOV CON
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Miami University, Oxford OH BS in Finance
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University of Pittsburgh School of Law, J.D. Licensed to practice in DC, OH, PA, NY (inactive) Cassidy Law PLLC
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Compliantly Involving Non-US Persons in Your Federal Government Contracting Business Wednesday, July 25, 2018
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Can a non-U.S. have ownership, interest, or control over a government contractor? Yes! Depending on whether the contractor performs or seeks to perform classified contracts
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
If Contractors: Are Seeking a Facility Clearance: Contractors must demonstrate no foreign control or influence over the contractor that may result in classified information being exposed or classified contracts being jeopardized. Have a Facility Clearance: Contractors have an ongoing requirement to notify DSS of changes which may result in foreign ownership, control or interest regardless of how that occurs. Presenter Logo here
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Foreign Ownership, Control or Interest (FOCI) • A non- U.S. person or entity has the power to direct or decide matters affecting management or operations • In a way that may expose classified information or adversely impact performance of classified contracts • Does not matter if power to direct or decide is used or not – so silent or passive investors does not fix the issue • Includes for example: owners, shareholders, lenders, affiliates, subsidiaries, directors, executive team members, contracts, joint ventures, teaming arrangements Presenter Logo here
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Managing Foreign Ownership, Control or Interest (FOCI) Ownership: Must develop policies and procedures to keep them walled off from classified contracts and the business of managing the classified contracts. Shared Services(HR, IT, Finance): Must develop policies and procedures to avoid Contracts, Loans, Agreements, Etc.: May not have access to any classified information; May not have ability to impact performance of a classified contract Teaming Arrangements/Joint Ventures: Must develop policies and procedures to keep them walled off from classified contracts and the business of managing the classified contracts. Presenter Logo here
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Can government contractors hire non-U.S. citizens to work on government contracts? Yes! Depending on whether the contractor has export controlled – EAR or ITAR -materials or information (note – immigration is another matter) Presenter Logo here
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
ITAR – International Traffic in Arms • Military and defense items, materials and information • Must register • Includes: • • • •
Manufacturing (designing, engineering, developing, etc.) Exporting defense articles Furnishing defense services to foreign persons Brokering defense articles or services
• Cannot “export” to non-U.S. person without a license • Must control where your product ends up Presenter Logo here
www.JenniferSchaus.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
EAR – Export Administration Regulations • Commercial products, software or information that may have a military or law enforcement purpose • Depends on nature of the item and on the country where it will go • Cannot ”export” to a non-US person without a license • Must control where your product ends up Presenter Logo here
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Compliance Requirements • Cannot “export” to non-U.S. person whether the person is in the U.S. or outside of the U.S. • Export means: Whether orally, in writing, over email or in any other way – providing and in some instances even allowing access to export controlled information • Must limit non-U.S. person access, even if they are in the U.S. legally to export controlled information • Wall off from IT access, conversations, physical access to export materials • Even “accidental” disclosures are a violation Presenter Logo here
THANK YOU FOR ATTENDING!!
WWW.JENNIFERSCHAUS.COM
QUESTIONS? CONTACT OUR SPEAKER Margaret M. Cassidy AT 202-266-9929; cassidylawpllc.com; m.cassidy@cassidylawpllc.com
SERVICES FOR US FEDERAL CONTRACTORS
OFFICE: 2 0 2 – 3 6 5 – 0 5 9 8