Aerospace and Defense M&A Due Diligence and Government Approvals
The US budgets for defense and homeland security dwarf those of other countries, and the current level of spending in these areas is likely to continue. Non-US companies that can offer advanced systems and solutions have an unprecedented opportunity to participate in these burgeoning markets. Squire Sanders has the experience to help non-US companies navigate the unique legal issues involved in acquisitions of US defense and homeland security contractors that have existing contractual relationships with military departments, intelligence agencies and the Department of Homeland Security, as well as workforces with the appropriate security clearances needed to perform work for these customers.
Any non-US investment in the US defense and homeland security sectors must be structured to ensure that foreign ownership will not result in unauthorized access to critical US technologies or classified US defense information. We can assist companies in complying with the complicated web of US government regulations. In addition to corporate and transactional aspects, we help non-US companies navigate the unique legal issues involved in acquisitions of US defense and homeland security contractors:
- Export controls approvals and notices
- Government contracts and export compliance due diligence
- Clearance from the US Department of Defense to negate foreign ownership, control and influence (FOCI)
- Clearance from the Committee on Foreign Investment in the United States
- Continuation of key government contracts including classified contracts
We combine our well-developed knowledge of US government regulations with our ability to provide a full range of worldwide legal services. Our global reach and experience in cross-border mergers and acquisitions means that many of our non-US clients can access our services through an office located in their time zone and deal with lawyers fluent in their language and familiar with their business customs and practices.