Home > Legal Updates > When CFIUS Mitigation Agreements and FOCI Reviews Overlap: A Critical Balancing Act

When CFIUS Mitigation Agreements and FOCI Reviews Overlap: A Critical Balancing Act

On June 9, 2021, Momentus Inc., a U.S. commercial space company offering in-space transportation and infrastructure services, as a condition to its acquisition by a foreign-owned company, entered into a National Security Agreement with the Department of Defense (“DoD”) and Department of Treasury. Under this agreement, Momentus was required to “implement increased security measures, hire key positions to provide additional oversight and appoint a [Committee on Foreign Investment in the United States (“CFIUS”)]-approved director to its board of directors.”1 In doing so, Momentus agreed to mitigate the national security risks associated with its foreign ownership. Read more…