U.S. businesses operating in the global economy, and non-U.S. businesses operating or looking to invest in the United States, must account for an increasingly prominent national security and personal security law architecture applicable to international trade and investment. Businesses in the United States are both the world’s largest foreign direct investors, and the largest single national beneficiary of foreign direct investment from other countries. But as markets and investment opportunities have become increasingly global, protection of national security interests has become an important consideration for many governments. While the term "national security" naturally conjures up images of military and intelligence matters, the link between trade, investment, and national security has become more prominent for policymakers. Although national security reviews of foreign investment, such as the process conducted by the Committee on Foreign Investment in the United States (CFIUS), perhaps receive the most public and media attention, there are a host of other security-related concerns that must be navigated by companies operating in the global environment: requests to assist the home state government with intelligence and criminal investigations; ensuring that products and services sold outside of the U.S. are done in compliance with applicable U.S. and foreign trade sanctions and import/export licensing regimes; and maintaining data privacy/security and robust cybersecurity protections. Our panel of seasoned general counsels and national security experts will explore the intersection of private sector commerce and national security.
Tim Keeler spoke at the 2018 National Lawyers Convention on November 16, 2018 in Washington, DC. Tim spoke in a panel discussion “National Security Law & Doing Business Abroad.”