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National Security
Strategic Legal Guidance for Cross-Border Compliance, Defense, and Regulatory Risk
In the 21st century, National Security has expanded far beyond defense and intelligence it now encompasses trade, technology, finance, energy, and even data.
For multinational corporations and investors, national security law defines the boundary between global opportunity and regulatory risk.
At SJKP LLP, our National Security team provides legal, regulatory, and strategic advice to help clients operate confidently in an increasingly security-conscious environment.
We represent companies across defense, energy, telecommunications, technology, and critical infrastructure sectors as they navigate government scrutiny, compliance obligations, and policy changes.
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1. The Expanding Scope of National Security Regulation
Connecting Defense, Technology, Trade, and Investment Oversight
The modern concept of National Security integrates multiple areas of law export controls, foreign investment review, cybersecurity, sanctions, and government contracting.
Our lawyers help clients understand how these intersecting frameworks affect business strategy, cross-border deals, and technology transfer.
Governments worldwide have strengthened legal tools to monitor and regulate activities deemed sensitive to national interests.
In the United States, statutes like the Defense Production Act, Foreign Investment Risk Review Modernization Act (FIRRMA), and International Emergency Economic Powers Act (IEEPA) have redefined the scope of state intervention.
Similarly, the EU, the United Kingdom, Japan, and Australia have enacted parallel regimes governing critical industries and technologies.
Key Areas of National Security Regulation
- - Foreign investment and ownership control (e.g., CFIUS and FDI screening).
- Export control and technology transfer (e.g., EAR, ITAR).
- Cybersecurity and data sovereignty (e.g., NIST, GDPR, CCPA).
- Critical infrastructure protection (energy, telecom, transport).
- Defense contracting and classified information security.
We guide clients through this complex regulatory web with clarity and foresight.
2. Foreign Investment and CFIUS Review
Navigating Government Scrutiny in Cross-Border Transactions
- Foreign direct investment (FDI) is now one of the primary focus areas of National Security law.
In the U.S., the Committee on Foreign Investment in the United States (CFIUS) reviews foreign acquisitions, mergers, and real estate transactions for potential security risks.
Our lawyers advise buyers, sellers, and investors on filing strategies, risk mitigation, and compliance with mandatory declarations under FIRRMA.
We also assist clients in negotiating mitigation agreements with CFIUS and in managing post-closing compliance monitoring.
Beyond the U.S., we counsel on similar FDI screening mechanisms in the EU, the U.K., Canada, and Asia-Pacific.
By coordinating globally, we help clients complete transactions efficiently while satisfying regulatory expectations.
Structuring Transactions to Minimize Security Risk
We design corporate structures that separate sensitive assets or data from foreign ownership exposure.
Our team collaborates with corporate and finance counsel to align deal strategy with security review requirements, ensuring both compliance and commercial viability.
3. Export Controls and Dual-Use Technology Regulation
Ensuring Compliance with Defense and Commercial Technology Laws
National Security policy is deeply tied to export control law.
We assist clients in classifying, licensing, and controlling exports of defense articles, software, and dual-use technologies under U.S. EAR and ITAR frameworks.
Our team helps companies determine export jurisdiction, prepare license applications, and manage technical data transfers across borders.
We also advise on compliance with EU Dual-Use Regulation and U.K. Export Control Order, ensuring global consistency.
Industries we serve include aerospace, semiconductors, telecommunications, artificial intelligence, quantum computing, and cybersecurity.
Compliance Programs and Voluntary Disclosures
We develop internal export compliance programs, conduct training, and assist clients in submitting voluntary self-disclosures when violations occur, helping mitigate penalties and preserve reputational integrity.
4. Cybersecurity and Critical Infrastructure Protection
Integrating National Security with Digital Resilience
In the digital era, National Security is inseparable from cybersecurity.
We counsel energy producers, financial institutions, and defense contractors on compliance with cybersecurity frameworks such as NIST, CMMC, and ISO 27001.
Our lawyers assist clients in developing incident response plans, data governance policies, and cross-border data transfer mechanisms that align with both security and privacy regulations.
We also guide companies through cybersecurity audits, supply chain risk assessments, and public-private collaboration programs.
Our goal is to help clients anticipate and manage cyber risks before they escalate into national security incidents.
5. Government Contracting and Security Clearances
Advising Contractors on Compliance with Defense Procurement Standards
For companies working with federal or defense agencies, compliance with National Security requirements is fundamental.
We advise contractors and subcontractors on compliance with the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and classified information protocols.
Our lawyers assist clients in obtaining and maintaining facility and personnel security clearances.
We also advise on foreign ownership, control, or influence (FOCI) mitigation and security agreements, including proxy and special security arrangements.
These measures protect clients’ eligibility to bid on and perform sensitive contracts while meeting government expectations.
6. Data, Privacy, and Emerging Technologies
Balancing Innovation with National Security Obligations
As governments regulate emerging technologies such as AI, 5G, and biotechnology, the boundary between privacy and National Security has narrowed.
We advise tech companies and cloud service providers on reconciling conflicting regulatory demands between jurisdictions.
Our lawyers help clients develop cross-border data transfer frameworks that comply with U.S. and EU privacy laws while addressing export and cybersecurity requirements.
We also analyze government data access rules and provide guidance on encryption, surveillance, and sovereign cloud compliance.
Artificial Intelligence and Autonomous Systems
AI governance is rapidly becoming a matter of national security policy.
We monitor legislation and guidance from the White House, the EU Commission, and the OECD, advising clients on responsible AI frameworks, algorithmic transparency, and export restrictions on AI technologies.
7. Energy, Supply Chains, and Resource Security
Safeguarding Strategic Sectors Under National Security Law
Energy and resource management are now core components of National Security policy.
We assist clients in navigating laws governing critical mineral sourcing, energy infrastructure, and supply chain resilience.
Our lawyers advise on compliance with government mandates for domestic content, diversification, and emergency preparedness.
We also support companies in managing foreign supplier risk and securing government incentives under initiatives like the Defense Production Act and Inflation Reduction Act.
These strategies help companies maintain business continuity in volatile geopolitical environments.
8. Economic Sanctions and Embargoes
Managing Trade and Financial Restrictions as Security Instruments
Sanctions and embargoes are key tools of modern National Security policy.
We guide clients through OFAC, EU, and U.K. restrictions targeting states, entities, and individuals.
Our lawyers assist in transaction structuring, licensing, and voluntary disclosure when inadvertent violations occur.
We also coordinate with compliance teams to align sanctions controls with export and AML programs, ensuring unified global governance.
Sectoral Sanctions and Emerging Trends
We monitor ongoing developments involving Russia, Iran, China, and North Korea, advising clients on how to adapt commercial strategies to new or expanded measures.
9. Foreign Influence, Lobbying, and Public Policy
Ensuring Transparency and Compliance in Government Engagement
National Security considerations extend to corporate political activity and advocacy.
We advise companies, industry associations, and NGOs on compliance with the Foreign Agents Registration Act (FARA) and related lobbying disclosure laws.
Our lawyers help clients structure government outreach programs that comply with restrictions on foreign funding and influence.
We also counsel on the ethical management of public-private partnerships and engagement with national defense agencies.
10. Litigation, Investigations, and Enforcement Defense
Protecting Clients Facing National Security Allegations
Our litigation team represents corporations, executives, and financial institutions in National Security investigations involving export control violations, sanctions breaches, and data misuse.
We coordinate responses to subpoenas, administrative actions, and criminal charges while safeguarding privilege and reputation.
We also advise on internal investigations, compliance remediation, and settlement negotiations with the DOJ, OFAC, and defense agencies.
Our proactive defense approach minimizes legal exposure and supports long-term compliance resilience.
11. International Cooperation and Cross-Border Policy Alignment
Navigating Conflicting National Security Requirements
Multinational operations often face inconsistent or competing National Security regulations.
We help clients reconcile obligations across jurisdictions by harmonizing compliance procedures, policy disclosures, and reporting mechanisms.
Our lawyers collaborate with local counsel and government contacts worldwide to ensure coherent, consistent adherence to national security rules.
We also assist global companies in aligning their operations with NATO, EU, and Five Eyes security standards where applicable.
Strategic Policy Advocacy
We work with clients and industry coalitions to provide input on new national security legislation and regulations.
By engaging constructively with policymakers, clients can anticipate and influence evolving standards before they take effect.
12. Why Choose SJKP LLP for National Security Counsel
Precision. Integrity. Strategic Insight.
At SJKP LLP, we combine legal precision with policy understanding to help clients navigate the intersection of commerce and National Security.
Our multidisciplinary team—spanning international trade, cybersecurity, energy, defense contracting, and regulatory compliance—delivers comprehensive, strategic counsel that empowers clients to operate confidently within global security frameworks.
Whether advising on foreign investment, export control, or data governance, our mission is to help businesses achieve both compliance and competitive advantage in a world where national security defines the boundaries of global commerce.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
