National Security
National security has become a pervasive issue for the private sector, especially in an increasingly globalized and digitized world. As organizations expand globally through foreign investments, mergers and acquisitions involving international companies or expansions of third-party networks and suppliers, the risk of national security threats grows in tandem.
National security issues are becoming increasingly important for critical infrastructure sectors, such as communications, energy, financial services and healthcare sectors; this is also true for companies that design, manufacture and export emerging and critical products and technologies, such as advanced semiconductors and semiconductor manufacturing equipment, artificial intelligence, supercomputing and biotechnology. Illicit acquisition networks, including those of nation-states, further add to the risks companies face from global threats. Thus, organizations face an uphill battle in conducting cross-border operations, protecting their assets and ensuring they aren’t the victims of a looming security threat.
The web of potentially overlapping regulations and oversight organizations face related to the cross-border movement of technology and goods, as well as the sharing of data and intellectual property, the movement of funds, anti-corruption and other complex business challenges can be daunting. Our experts have deep experience working for and with government agencies, in senior in-house legal and compliance roles, to help navigate this regulatory environment.
How We Help
FTI Consulting offers comprehensive solutions to ensure organizations comply with national security regulations, mitigate the risk of a national security incident and provide robust support for investigations and voluntary disclosures, including foreign direct investment reviews and other regulatory enforcement actions when national security threats arise.
Risk & Compliance
FTI Consulting performs numerous security and compliance program risk assessments and audits, including analyzing...
FTI Consulting performs numerous security and compliance program risk assessments and audits, including analyzing internal risk and compliance monitoring capabilities, program management and governance capabilities and individual product, process and system-based security and compliance controls. We accurately outline the steps needed to enhance and sustain improvement efforts, helping organizations meet regulatory demands, increase security, enhance compliance and minimize risk.
FTI Consulting can help mitigate risk to an organization’s data environment: the control status of any sensitive technology, security infrastructure and existing data security and privacy policies, procedures and processes.
Our experts support organizations by assessing their export controls and sanctions compliance risks, as well as their compliance programs designed to mitigate such risks. This also includes global supply chain risks, where we work to quickly uncover root causes and develop appropriate and effective mitigation strategies to de-risk and transform supply chain operations. We are frequently engaged by general counsel, chief compliance officers and senior trade counsel, as well as chief supply chain officers, chief procurement officers and chief operations officers. We also are regularly engaged by and work closely with external legal counsel.
- Program and Data Assessments
- Compliance Assessments
- Cybersecurity & IT Due Diligence
- Investigative Due Diligence
- Third-Party Due Diligence
- Gap Remediation
Export Controls, Sanctions & Trade
- Risk Assessment and Compliance Program Design & Implementation
- M&A Compliance Program Due Diligence, CFIUS Support & Post-Closing Integration
- Export Control Jurisdiction & Classification Analyses
- Supply Chain & Third-Party Risk Management
- Trade Control Audits & Reviews
- Consent Agreement Support
- Analysis of U.S. Extra-Territorial Risks, including from the Foreign Direct Product and de minimis Rules, and U.S. Sanctions Nexus and Secondary Sanctions
- Technology Access & Deemed Export Control Reviews
- Restricted/Sanctioned Party Screening, Due Diligence, and End-User Checks
Financial Crime Compliance
Compliance to Frameworks, Policies, Laws, and Regulations
- In the U.S., this includes but is not limited to the Federal Information Security Modernization Act (“FISMA”); Cybersecurity Information Sharing Act (“CISA”); Export Administration Regulations (“EAR”); International Traffic in Arms Regulations (“ITAR”); Federal Acquisition Regulations (“FAR”); Anti-Money Laundering (“AML”) Laws; Economic Sanctions Laws; USA PATRIOT Act; Health Insurance Portability and Accountability Act (“HIPAA”); Mergers & Acquisitions Safe Harbor Policy; The National Industrial Security Program Operating Manual (“NISPOM”); The National Insider Threat Policy and Minimum Standards; Foreign Corrupt Practices Act (“FCPA”); Executive Orders on Cybersecurity and Artificial Intelligence; The Committee on Foreign Investment in the United States (“CFIUS”) Regulations; U.S. Department of Homeland Security Cybersecurity Readiness Factors; and state-based cybersecurity regulations, such as New York Department of Financial Services (“NYDFS”) Part 500 Cybersecurity Rules.
- FTI Consulting can also draw upon a global network for services relating to national security compliance outside of the U.S.
Transactions
FTI Consulting can assist clients by conducting due diligence investigations to address potential risk in...
FTI Consulting can assist clients by conducting due diligence investigations to address potential risk in corporate transactions involving economic sanctions, export-controlled information and intellectual property and foreign investment in the United States. The issue of national security is particularly pressing for organizations conducting complex cross-border transactions that require thorough due diligence across all platforms. Our experts work throughout the transaction lifecycle, delivering integration synergy assessments, roadmaps, program management, carve-out planning, transition (“TSA”) management, buy-side and sell-side support and second requests from U.S. government agencies.
Complex Investigations
When a national security incident takes place in an organization, FTI Consulting experts can quickly unearth...
When a national security incident takes place in an organization, FTI Consulting experts can quickly unearth key facts and data sets to enable timely and strategic decisions in investigations. Our experts come from law enforcement, intelligence, in-house legal and compliance backgrounds and draw from their extensive experience conducting, overseeing and supporting discrete, sensitive investigations involving espionage, insider threats and export controls and sanctions violations. Our relationships allow us to effectively liaison with active law enforcement in parallel investigations and conduct large-scale, interconnected investigations spanning across the globe and multiple industries.
- Internal Investigations & Audits
- Export Controls and Sanctions Voluntary Disclosures & Remediation
- Consent Agreement Audits
- Asset Tracing
- Forensic Accounting & Fraud Investigations
- Anti-Bribery & Corruption Investigations
- Anti-Money Laundering Investigations
- Regulatory Response Support
- Litigation Support
Meet Our National Security Experts
Mike Driscoll
Senior Managing Director
New York, NY
David Williams
Senior Managing Director
New York, NY
Matt Bell
Senior Managing Director, Global Leader of Export Controls, Sanction and Trade
Houston, TX
Anthony J. Ferrante
Senior Managing Director, Global Head of Cybersecurity
Washington, DC
Jordan Rae Kelly
Senior Managing Director, Head of Americas Cybersecurity
Washington, DC
William McCausland
Managing Director
Washington, DC
Sally Peng
Senior Managing Director, Leader of Export Controls, Sanctions and Trade, Asia Pacific
Hong Kong, China
Eric Rudolph
Managing Director, Co-Leader of Export Controls, Sanctions and Trade, Americas
New York, NY