Anthony Gualtieri
By Anthony Gualtieri, Head of Legal Affairs & Policy – Samuel Group D.C.
This article is part of: Inside the Circle, a series exploring the evolving intersection of trust, access, and national security in U.S. procurement.
WASHINGTON, D.C. — In 1993, President George H. W. Bush signed Executive Order 12829, creating the National Industrial Security Program (NISP) — a framework to govern how private companies would protect classified information while partnering with the U.S. government. President Bill Clinton would take office 14 days later, inheriting a national security landscape that increasingly required private-sector coordination. Embedded in that framework was a principle that now shapes the future of defense and dual-use innovation: Foreign Ownership, Control, or Influence — FOCI.
At the time, it was seen as a procedural safeguard. A quiet checkbox. A necessary but narrow protection. Three decades later, it has become something else entirely: a place inside the circle of trust. The difference between a federal contract and a closed door.
The U.S. government is no longer simply asking: “Are you legally allowed to bid?” It’s asking: “Can we trust you with the future?” And increasingly, that trust is being determined not by the letter of the law, but by the architecture of a company’s ownership, the subtext of its partnerships, and the implications of its affiliations — even passive or indirect ones.
If a company has foreign capital on its books, foreign-developed technology integrated into its stack, or foreign nationals serving as advisors or board members, it is likely already on the government’s radar. That scrutiny intensifies further if the company operates in sensitive sectors such as artificial intelligence, cyber defense, space systems, quantum computing, or critical energy infrastructure. In those domains, the radar isn’t just active — it’s calibrated for maximum sensitivity.
The Defense Counterintelligence and Security Agency (DCSA) — the gatekeeper of the National Industrial Security Program — no longer looks just at who owns a company. It looks at who can influence it, who it depends on, and who’s standing nearby when critical decisions are made.
Today’s FOCI reviews are triggered by more than just ownership:
This is not theory. It’s operational reality. FOCI exposure is about more than equity. It’s about entanglement. And for agencies tasked with protecting national security, the question is no longer Are you foreign-owned? — it’s — Can you be pressured, probed, or pulled?
That shift has made FOCI one of the most expansive — and consequential — filters in the federal review process.
FOCI isn’t a box you check — it’s a quiet test you’re already taking.
Many companies face a critical choice: whether to act early, disclose foreign ties, and establish trust — or delay, hoping the issue stays buried. But in today’s environment, delay is no longer a neutral act. It’s a liability. The U.S. is rebuilding its defense industrial base — and it’s drawing a clear line around partners who meet today’s higher threshold for trust and transparency.
Handled correctly, FOCI mitigation isn’t a red flag — it’s your passport to credibility. Done wrong, it’s the reason your deal with the U.S. government never gets off the ground.
At Samuel Group D.C., we guide companies through some of the most sensitive and consequential national security reviews in the United States. We work with firms whose international ties place them under intense scrutiny — not because they’ve broken rules, but because the rules have changed. Our role is to help them adapt, restructure, and reposition themselves — not just to clear the threshold, but to become the kind of partner the government wants at the table.
In a system where perception can equal disqualification, we make sure our clients are seen as what they are: strategic, stable, and aligned with U.S. interests.
At Samuel Group D.C., we help companies meet the moment — not just by surviving scrutiny, but by earning their place among the partners America trusts most.
We support clients as they examine their ownership and influence landscape with fresh eyes. We help them approach regulatory conversations with preparation and clarity. We explore mitigation strategies suited to their risk profile and structure. And we work to strengthen their institutional posture in ways that align with U.S. national security goals.
In national security, there are no guarantees — only readiness. We help clients lead with foresight, not false assurance.
Entry into the circle begins with trust — not the invitation.
At Samuel Group D.C., we see this moment not as an obstacle — but as an opportunity to lead with clarity.
Access to the U.S. defense, intelligence, and national security ecosystem is no longer automatic. It’s earned. FOCI is the mechanism — but trust is the metric.
The circle of trust is shrinking. The rules are shifting. And the cost of delay is rising.Companies that step forward with clarity and conviction won’t just survive this scrutiny — they’ll stand apart because of it.
The reward? A seat at the table — as a trusted U.S. partner.
FOCI is the gate. Trust is the key.
At Samuel Group D.C., we help you get inside the circle — and stay there.
