Erin Iacobucci, a non-legal professional in the National Security/CFIUS/Compliance Practice Group, provides strategic advice on industrial security regulations, including assistance in compliance audits and implementation of Foreign Ownership, Control or Influence (FOCI) mitigation agreements and cybersecurity issues. Prior to joining Stroock, she was a FOCI Action Officer at the Defense Security Service Headquarters (DSS) where she was responsible for implementation of Department of Defense (DOD) industrial security policies, including rules pertaining to facility security and personnel security clearances.
Ms. Iacobucci has a Master of Science degree in Government Information Leadership – Cybersecurity from the National Defense University (NDU). NDU is funded by the DOD to develop select military and civilian leaders’ abilities to leverage information, technology, and cyberspace strategies to advance national and global security. She has supported clients developing network separation plans for compliance with FOCI mitigation agreements, counseled clients on U.S. Government information security compliance requirements and best practices, and provided guidance on tailored, risk-based security controls. She also has experience reviewing continuity of operations protocols.
Ms. Iacobucci provides guidance on FOCI matters, including FOCI mitigation arrangements and compliance with the requirements of the National Industrial Security Program Operating Manual (NISPOM). She has worked with industry clients and on behalf of the U.S. Government to negotiate Proxy Agreements, Special Security Agreements (SSA), Security Control Agreements, Board Resolutions, Limited Facility Security Clearances, Affiliated Operations Plans (AOP), Facility Location Plans, Electronic Communications Plans (ECP), and Technology Control Plans (TCP). Ms. Iacobucci routinely supports clients completing initial applications for facility security clearances, as well as changed condition reports and annual certifications. In addition to her significant experience with facility security clearances, Ms. Iacobucci also has considerable knowledge of personnel security, physical security, and information security requirements and processes.
During her tenure at DSS, Ms. Iacobucci conducted oversight of FOCI mitigation agreements and conducted the FOCI/International portions of Security Vulnerability Assessments. FOCI Reviews included assessments of mitigation agreement application; ECPs (including network separation and auditing); TCPs (including foreign visit procedures and export control reviews); FLPs; and AOPs. She provided NISPOM and FOCI compliance guidance to contractor Facility Security Officers, corporate directors, and senior management, and conducted internal and external training on FOCI mitigation, National Interest Determinations, and affiliated operations. Ms. Iacobucci drafted the current DSS AOP template, and was involved in the development of government policies on National Interest Determinations for foreign-owned companies operating under SSAs.
- Representation of German multi-national corporation before CFIUS and the Directorate of Defense Trade Controls in connection with the German corporation’s $5 billion acquisition by a Chinese corporation, the largest acquisition of a German company by a Chinese investor, and the first Chinese corporate acquisition of a publicly traded German company.
- Represented large defense contractor in the negotiation of a tailored Proxy Agreement following corporate reorganization.
- Represented international satellite operator in negotiations for risk-based Proxy Agreement.
- Assisted in the drafting and completion of annual certification submissions for nuclear technology companies.
- Drafted ECP, TCP, FLP and AOP in support of an SSA for a multi-national materials manufacturer.
- Counseled clients on organizational structure resulting in various FOCI mitigation agreements and supporting requirements, as well as operational structure requirements resulting from particular FOCI mitigation schemes.
- Supported negotiations of FOCI mitigation agreements for numerous Department of Defense and National Nuclear Security Administration government contractors on behalf of industry clients and the U.S. Government.
- Supported U.S. Department of Defense and industry clients in Exon-Florio reviews before the Committee on Foreign Investment in the United States (CFIUS) involving foreign acquisitions of cleared U.S. companies.
- Reviewed the implementation of FOCI mitigation arrangements for compliance with national industrial security regulations.
- Assisted in security, regulatory compliance, and contracts due diligence for large and small acquisitions of defense industrial base contractors.
- Counseled international corporation on compliance with the Criminal Justice Information Services Security Policy.
- Co-author, “CFIUS Reform Flies, But With Clipped Wings,” Stroock Special Bulletin, July 26, 2018
- Co-author, “CFIUS Reform Easily Passes Senate,” Stroock Special Bulletin, June 19, 2018
- Co-author, "The Elephant in the Room," Stroock Special Bulletin, December 4, 2017
- Co-author, "Four Things You Need to Know About the CFIUS Reform Legislation," Stroock Special Bulletin, November 8, 2017
- Co-author, "Some Secret and Not-So-Secret Findings in the CFIUS Annual Report," Stroock Special Bulletin, September 29, 2017
- Co-author, "New Reporting Requirements For Foreign Travel and Foreign Contacts by Government Contractors," Stroock Special Bulletin, July 17, 2017
- Co-author, "Second Helpings: New Legislation Would Give Agriculture and HHS Secretaries Seats at the CFIUS Table," Stroock Special Bulletin, March 21, 2017
- Co-author, "The National Industrial Security Program Directive: Some Hits, Some Runs, Some Errors," Stroock Special Bulletin, February 13, 2017
- Co-author, "NISPOM Amendments Affect All Cleared Contractors," Pratts Government Contracting Law Report, September 2016
- Co-author, "Food for Thought: SAFE Act Would Add the USDA to CFIUS," Stroock Special Bulletin, August 11, 2016
- Co-author, "NISPOM Amendments Affect All Cleared Contractors," Stroock Special Bulletin, May 25,
- Co-author, "Good News For Foreign Investors In US Defense Industry," Aerospace & Defense and Government Contracts Law360, January 27, 2016
- Co-author, "FOCI Mitigation Update: DSS Moves to a Risk-Based Approach and the NID Process Sees Incremental Improvement," Stroock Special Bulletin, November 23, 2015
- Co-author, "For Companies Operating Under Approved FOCI Mitigation Plans: A Shared Services Plan Checkup Can Avoid Unnecessary Costs," Stroock Special Bulletin, August 5, 2014
- Co-author, "Defense Department Publishes Interim Final Rule Detailing Its Process for Clearing Contractors under Foreign Ownership, Control, or Influence," Stroock Special Bulletin, April 23, 2014
M.S., National Defense University, 2015
J.D., Washburn University School of Law, 2009
B.S., Kansas State University, 2006
Related Files & Links
October 18, 2018|Stroock CommentaryNo Safe Harbor for DeclarationsOctober 10, 2018|Stroock Special BulletinTreasury Pilot Program Requires CFIUS Declarations for All Qualifying InvestmentsOctober 5, 2018|Stroock CommentaryOut with the Old -- In with the New: DOD Replaces its 1985 Guidance on NISPJuly 26, 2018|Stroock Special Bulletin“CFIUS Reform Flies, But With Clipped Wings”June 19, 2018|Stroock Special Bulletin“CFIUS Reform Easily Passes Senate”December 4, 2017|Stroock Special Bulletin“The Elephant in the Room”November 8, 2017|Stroock Special Bulletin“Four Things You Need to Know About the CFIUS Reform Legislation”September 29, 2017|Stroock Special Bulletin"Some Secret and Not-So-Secret Findings in the CFIUS Annual Report"July 17, 2017|Stroock Special Bulletin"New Reporting Requirements For Foreign Travel and Foreign Contacts by Government Contractors"March 21, 2017|Stroock Special Bulletin"Second Helpings: New Legislation Would Give Agriculture and HHS Secretaries Seats at the CFIUS Table"February 13, 2017|Stroock Special Bulletin"The National Industrial Security Program Directive: Some Hits, Some Runs, Some Errors"September 2016|Pratts Government Contracting Law Report"NISPOM Amendments Affect All Cleared Contractors"August 22, 2016|Law360"Food for Thought: SAFE Act Would Add the USDA to CFIUS"August 11, 2016|Stroock Special Bulletin"Food for Thought: SAFE Act Would Add the USDA to CFIUS"May 25, 2016|Stroock Special Bulletin"NISPOM Amendments Affect All Cleared Contractors"January 27, 2016|Aerospace & Defense and Government Contracts Law360"Good News For Foreign Investors In US Defense Industry"November 23, 2015|Stroock Special Bulletin"FOCI Mitigation Update: DSS Moves to a Risk-Based Approach and the NID Process Sees Incremental Improvement"August 5, 2014|Stroock Special Bulletin"For Companies Operating Under Approved FOCI Mitigation Plans: A Shared Services Plan Checkup Can Avoid Unnecessary Costs"April 23, 2014|Stroock Special Bulletin