The Importance of CFIUS Reviews in Safeguarding U.S. National Security

The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. Given the increasing complexity of global economic interactions and the heightened emphasis on cybersecurity and data privacy, understanding the nuances of CFIUS is essential.

Expert Guidance for CFIUS Reviews from HaystackID

Practical CFIUS Experience

Choosing a partner with practical experience reporting to the CFIUS Monitoring Agencies committee assigned to a particular transaction (CMAs) can prove invaluable as you protect your brand and enable growth in the U.S. market while taking on foreign investments.

Navigating Complex NSA Obligations

Cross-border investments require meticulous compliance with the Committee on Foreign Investment in the United States (CFIUS) regulations. Our CFIUS services are designed for companies seeking to navigate the complexities associated with complying with CFIUS National Security Agreement (NSA) obligations. As a neutral third party, we ensure that your business meets all requirements, safeguards your investments, and maintains operational integrity.

Cross-Functional Expertise

HaystackID’s Global Advisory team helps organizations prepare for or deal with a CFIUS review. Our team is comprised of technologists, former practicing attorneys, and cybersecurity experts. A clear differentiator for us is our cross-functional areas of expertise, including cyber investigations, digital forensics, enterprise systems, and technology, reporting, and compliance. We work with your Security Director and IT, IT Security, Legal, and Compliance teams to meet or exceed the NSA obligations while balancing day-to-day business obligations.

“The landscape of foreign investments is fraught with complexities, demanding a rigorous adherence to CFIUS mandates. As a leader in information governance and cybersecurity, HaystackID is at the forefront of this dynamic environment. Our compliance reviews and security assessments are not just about meeting legal requirements; they are about upholding the integrity of your operations and enhancing the U.S. security posture. Trust us to empower your organization with the strategies and tools for proactive compliance and risk management.”

Matt Miller

Matt Miller

Senior Vice President – Information Governance and Data Privacy, HaystackID

View Matt's profile on LinkedIn

CFIUS Compliance Roles and Services

Third-Party Monitor

Monitoring and Reporting to CFIUS

We examine your efforts to mitigate risks to U.S. national security by overseeing daily operations and providing guidance for compliance with the obligations necessary to achieve and maintain conformity with an NSA.

Services

  • Mitigate concerns with a strong foundational partner.
  • Trusted oversight approved by CMAs for various industries.
  • Reporting and recommendations for compliance and risk mitigation.
  • Facilitated communication and stakeholder management.

Independent Security Inspector

Assess and Enhance Cybersecurity Measures

From a cybersecurity perspective, our team focuses on improving software integrity, network security, and compliance with strict security guidelines to protect data and, broadly, U.S. national security. We will enable proactive remediation of potential insider threats and cyber-attacks by providing the testing, tools, and consulting needed to decrease and remove vulnerable IT surface areas, thereby improving your organization’s overall security posture.

Services

  • Comprehensive solutions for data protection and software integrity.
  • Independence in software development review.
  • Testing strategy aligned with industry standards.
  • Reporting and recommendations for actionable insights.

Third-Party Auditor

Evaluating Compliance with NSA Obligations

We provide an audit framework based on standards and guidelines to establish the sufficiency of compliance measures. This framework will examine mitigation measures put in place to address national security concerns.

Services

  • Tailored auditing plans for comprehensive coverage.
  • Building trust with CMAs through rigorous inspections.
  • Expert reports based on factual analysis.

Third-Party Provider

Technical Support for Compliance Efforts

We can recommend and implement new technology(ies) to mitigate risk, integrate that technology with your systems, employ change management strategies, and improve processes. All of this results in NSA compliance coupled with reduced legal risk and costs to the organization.

Services

  • Data access management and compliance monitoring.
  • Change management and risk management strategies.
  • Control over critical IT infrastructure.
  • Reporting findings to the Third-Party Monitor for compliance certification.

“CFIUS reviews have become increasingly crucial in the high-stakes realm of cross-border investments. At HaystackID, we excel in providing meticulous compliance services and technological expertise to safeguard U.S. national security interests. Our seasoned Advisory Services team, including technologists, attorneys, and cybersecurity experts, delivers unparalleled guidance and oversight, ensuring that your investments meet every requirement of a National Security Agreement.”

Nate Latessa

Nate Latessa

Executive Vice President of Advisory Services, HaystackID

View Nate's profile on LinkedIn

Benefits of Leveraging HaystackID in CFIUS Compliance Efforts

1

Expertise

Each team member has delivered services for compliance with NSA requirements including reporting directly to the CMAs, implementing processes to assist with NSA compliance, or providing cybersecurity findings and remediation recommendations to avoid CMA scrutiny or penalties.

2

Experience

Our team brings deep knowledge and experience in CFIUS regulations and compliance requirements, ensuring your business benefits from knowledgeable guidance. Each of our service delivery core team members have more than 20 years of field experience varying from IT, IT Security, Legal, Compliance, Risk, Audit, and Records Management backgrounds.

3

Proactive Compliance Management

Identifying potential issues before they become problematic, saves time and resources. Knowing what the CMAs expectations are from previous assignments enables valuable knowledge transfer opportunities for best practices and greater success at achieving compliance.

4

Enhanced Security Posture

Our expertise in penetration testing, vulnerability assessments, source code review, and associated remediation recommendations will ensure compliance and improve your overall security posture, protecting your business from potential threats.

5

Tailored Solutions

We offer customized solutions that address your needs and challenges, ensuring adequate compliance. Each NSA is unique, and we treat it that way.

6

Peace of Mind

You can focus on your core business activities, knowing that your CFIUS compliance is in expert hands. When we are monitoring your efforts we provide prompt feedback and validate solutions.

7

Strategic Advantage

By ensuring compliance and demonstrating a commitment to U.S. national security, you position your company as a reliable and responsible partner in cross-border investments.

Backgrounder Articles and Webcasts

Article

The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal Professionals

The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This article aims to provide a thorough understanding of CFIUS, its functions, and its implications for international investors and U.S. businesses.

Read Article

Article

CFIUS Compliance: Your Organization’s Growth and Investment Strategy May Be a Matter of National Security

On Thanksgiving of 2014, I received an urgent call asking me to be in London in 24 hours. My assignment was to run the advanced forensics recovery team serving several foreign offices of Sony Pictures in the wake of a devastating cyberattack by North Korea. This hack was conducted in retaliation for “The Interview,” a movie that Sony Pictures produced depicting a plot to assassinate North Korean leader Kim Jong-Un. While these unusual circumstances inspired a lot of jokes, for those of us who witnessed the consequences up close, the situation was far from funny. Not only was it a traumatic period for Sony Pictures employees, but there also was a threat of wider violence in the United States. The hackers warned of plans to attack theaters that screened the movie, causing major theater chains to cancel their screenings out of concern for audience safety. The experience brought home just how real a risk the United States faces from nation-state bad actors targeting U.S. companies.

Read Article

Webcast Transcript

CFIUS Compliance: Your Approach May Be A Matter of National Security

On July 27, 2022, HaystackID shared an educational webcast on the topic of Committee on Foreign Investment in the United States (CFIUS) compliance. The presentation was developed and shared by our team of experts who are approved by the CFIUS Monitoring Agencies (CMAs) and who bring first-hand delivery of CFIUS Third-Party Provider services in areas ranging from data protection and privacy to identity access management and data loss prevention. During the presentation, our experts discussed and explained many of the best approaches, protocols, and practices for successfully guiding an organization’s data in a world of nation-state bad actors and insider threats.

Read the Transcript

About HaystackID®

HaystackID solves complex data challenges related to legal, compliance, regulatory, and cyber events. Core offerings include Global Advisory, Data Discovery Intelligence, HaystackID Core® Platform, and AI-enhanced Global Managed Review powered by its proprietary platform, ReviewRight®. Repeatedly recognized as one of the world’s most trusted legal industry providers by prestigious publishers such as Chambers, Gartner, IDC, and Legaltech News, HaystackID implements innovative cyber discovery, enterprise solutions, and legal and compliance offerings to leading companies and legal practices around the world. HaystackID offers highly curated and customized offerings while prioritizing security, privacy, and integrity. For more information about how HaystackID can help solve unique legal enterprise needs, please visit HaystackID.com.

Learn More About HaystackID CFIUS Compliance Advisory Services

Contact us today to learn more about HaystackID CFIUS Compliance Advisory Services and how they can augment and accelerate compliance through assessing, auditing, monitoring, and reporting on critical national security-related providers, programs, and projects.

Request a discussion with an HaystackID Global Advisory leader.

Matthew

Matthew Miller

Sr. VP, Information Governance & Data Privacy

Nate

Nate Latessa

Executive Vice President of Advisory Services

Christopher

Christopher Wall

Data Protection Officer and Special Counsel, Global Privacy and Forensics, HaystackID

Michael

Michael Sarlo

Chief Innovation Officer

IAPP Member