National Security and Intelligence Defense
- National security, intelligence, and defense strategies are a vital part of the investment and trading of the United States.
- As technology advances and globalization becomes widespread, the risk of threats to the nation’s security due to cyber-attacks increases exponentially.
- Issues regarding export control, foreign investment, sanctions, appropriations, cybersecurity, and government contracting help foster the growth and success of the domestic and international economies.
- The laws and regulations surrounding national security are both complex and comprehensive yet also unpredictable and difficult to manage.
- Consider placing an attorney on your defense team to guide you through the legal and regulatory uncertainty.
About Our National Security and Intelligence Defense Law Firm
If you need advice regarding national security, defense, or intelligence issues, do not hesitate to contact our firm today.
At Oberheiden, P.C., our attorneys are recognized leaders in political and government operations. We are a prestigious law firm employing the most accomplished and specialized defense attorneys poised to help you.
Our team includes former FBI agents, former U.S. attorneys, and former prosecutors. This inside perspective gives you a hand-tailored strategy guaranteed to offer you the best chance of success for your defense or general advice.
We regularly collaborate with the Department of Defense, Department of Homeland Security, Federal Bureau of Investigation, National Security Agency, Central Intelligence Agency, and Department of Justice. We also coordinate our work with local and state law enforcement agencies and the military.
Put Oberheiden, P.C. on your side today to advise you on all legal and regulatory issues to protect your rights and reputation.
National Security and Intelligence Issues We Handle
Our team is competent to handle national security and intelligence issues at the local, state, and federal level and develop advanced, personalized defense strategies to help our clients.
We have the expertise to deal with a broad range of statutes across various industries and sectors by multiple federal agencies.
Export Control Regulations
Export controls are a vital component of domestic and international trade though are composed of a complex web of laws and regulations.
Our team is competent to handle issues regarding export controls as well as the specifics regarding International Traffic in Arms Regulations (“ITAR”) and Export Administration Regulations (“EAR”).
The ITAR imposes restrictions on exporting military and defense products in order to protect the national security interests of the United States and advance its foreign policy goals.
The EAR is a set of regulations administered by the Bureau of Industry and Security (“BIS”) of the Commerce Department. The EAR governs the export of dual-use goods such as technology, commercial goods, and software. These goods are designed for commercial purposes but could also have military applications.
Compliance with the Arms Export Control Act (“AECA”) is an important issue and one that our group of attorneys is dedicated to providing comprehensive guidance upon. The AECA provides the authority that controls the export of defense products and services. It sets the general rules regarding the foreign and commercial sales of defense articles, services, and training. We can advise companies on export compliance practices under the AECA.
Foreign Investment Issues
It is of utmost importance to the U.S. government that its foreign investment policies and strategies comport with the national security interests of the United States.
Foreign investment is always encouraged because it promotes the growth of the economy. But it can be accompanied with intricate regulations and laws that are always evolving and subject to numerous exceptions. Our attorneys are here to manage such risks.
Our firm routinely deals with foreign investment issues and has extensive knowledge in foreign influence laws, including the Foreign Ownership, Control or Influence (“FOCI”) and the Committee on Foreign Investment in the United States (“CFIUS”).
FOCI regulations generally prohibit foreign-owned or foreign-controlled U.S. companies from receiving security clearances to bid on certain contracts or execute certain government contracts. When a foreign interest is able to decide or direct matters affecting the operations of a company in a manner that leads to the unauthorized access to classified information, that company is said to be operating under FOCI.
The Committee on Foreign Investment in the United States is a committee of the U.S. government that is responsible for reviewing national security ramifications of foreign investments that occur in U.S. companies. The committee is authorized to analyze the transactions that involve foreign investments in the United States and transactions to foreign investors. Its purpose is to determine the effects of such investments and transactions on the national security interests of the United States.
Foreign investment issues are very complicated, and our team is ready and competent to communicate with foreign investors seeking such clearance and further scrutinize the foreign investment or transactions at issue.
Our team also implements procedures to comply with FOCI restrictions that are consistent with those articulated in the National Industrial Security Program Operating Manual (“NISPOM”). NISPOM establishes the procedures and requirements for government contractors when dealing with classified information and other security-related issues.
Sanctions are an effective regulatory tool that impose economic or financial penalties on another country to achieve a certain purpose. These economic sanctions include tariffs, trade barriers, and other restrictions on the nation’s financial system.
We have the knowledge needed to advise our clients on evolving and up-to-date information regarding U.S. sanctions on foreign nations such as Iran and Russia. Our attorneys also have expertise regarding foreign policy and other international restrictions.
The National Defense Authorization Act (“NDAA”) is the title given to the federal laws that set the annual budget and expenditures of the U.S. Department of Defense.
Our attorneys have extensive experience in dealing with the NDAA and the entire appropriation process. We engage with the Department of Defense to explain how our client’s projects or professions depend on the funding from the NDAA.
Our clients receive optimal guidance on NDAA compliance issues, the budgeting process, appropriations, and other government authorizations for certain projects.
National Security and Cybersecurity
National security laws and cybersecurity regulation greatly impact American life especially as the world globalizes and technology becomes more sophisticated each year.
Cybercrimes relating to national security include crimes committed on the Internet or with the use of computers. Privacy, risk management, and the transmission of sensitive government information are key considerations.
The Department of Homeland Security is the federal authority charged with monitoring and analyzing national and cybersecurity issues. Cyber crimes have increased in magnitude and intensity, prompting an increase in federal investigations.
It is imperative to have legal representation that is competent and knowledgeable in evolving laws, trends, and policy matters in the cyber sphere and national security.
Our attorneys routinely coordinate with the DHS as well as other government agencies, local, state, federal, and tribal governments, the private sector as well as private citizens. We work with these authorities and individuals to detect and react to investigations and advise our clients on cybersecurity risks related to certain transactions.
Our team also deals with and stays abreast of legal changes in cybersecurity regulation including the Computer Fraud and Abuse Act of 1986, the Electronic Communications Privacy Act of 1986, the Wiretap Act of 1968, and the CAN-SPAM Act of 2003, as some examples.
Government contracting is a complex and highly regulated process. It involves the use of appropriated funds to purchase goods, supplies, and services for the government to use or lease.
Multiple laws govern the process of contracting with the government including the Armed Services Procurement Act of 1947, the Office of Federal Procurement Policy Act of 1974, the Anti-Deficiency Act of 1982, and the Competition in Contracting Act of 1984.
Our government procurement and contracting team is regularly involved in the legal, regularly, and policy issues with government contracting. We routinely collaborate with the Department of Defense, Department of Homeland Security, and the U.S. Intelligence Community on the solicitation process, negotiations between the government and contractors, bidding protests, and other issues.
Request a Free Initial Consultation at Oberheiden P.C.
Many of the laws and regulations surrounding the national security and intelligence of the United States are constantly evolving and present unique questions, especially considering the impact of technology and the Internet.
Such a fast-paced environment demands a dedicated law firm.
Our attorneys have extensive expertise over a broad range of topics including trade and export regulation, government contracting, foreign investment, sanctions on foreign countries, appropriations, and cybersecurity.
We understand the policy implications and legal changes to national security issues and have the tools and resources to respond accordingly to the benefit of you and your business.
Call us today or contact our office for a free consultation to resolve these uncertainties.