CAPABILITY

National Security and Foreign Investment

Strategic counsel on national security regulation affecting cross-border investments, acquisitions, and corporate structures.
ELLKHO advises U.S. and non-U.S. companies, investors, and funds on U.S. national security regulation affecting cross-border investments, acquisitions, and corporate structures — including matters involving the Committee on Foreign Investment in the United States (CFIUS) and the U.S. Outbound Investment Security Program (OISP).

We assist clients in evaluating, managing, and mitigating national security risk in connection with transactions, investments, and operations that implicate sensitive technologies, data, infrastructure, or jurisdictions.
Our work in this area includes advising on:
Export CFIUS risk assessments and jurisdictional analysis (EAR and ITAR), jurisdiction, and scope
Mandatory and voluntary CFIUS filings, including declarations and notices
Structuring and mitigation of national security risk in transactions
Negotiation and implementation of mitigation agreements
Interaction with CFIUS, Treasury, and other U.S. government agencies
National security considerations in joint ventures, minority investments, and licensing arrangements
U.S. outbound investment restrictions under the Outbound Investment Security Program (“OISP” or “Reverse CFIUS”)
Critical Technologies
Sensitive Personal Data
Critical Infrastructure
Jurisdictions of National Security Concern
WHEN CLIENTS ENGAGE US
Evaluating acquisitions, investments, or partnershipswith cross-border or national security sensitivity
Determining whether filings or notifications are required
Managing regulatory risk in high-visibilityor time-sensitive transactions
Integrating national security considerations intotransaction planning and execution
OUR APPROACH

Early Risk Identification. Practical Structuring. Clear Communication.

Our approach emphasizes early risk identification, practical structuring, andclear communication with regulators.

We aim to help clients anticipate issues, avoid disruption, and move forward withconfidence in transactions where national security and commercial objectives intersect.

Navigate Complexity.
Move Forward with Confidence.

We help clients manage export control risk and unlock opportunities to innovate, grow, and operate globally — responsibly and with confidence.
CONTACT US