National Security
- Technology, Media & Telecommunications
- National Security
In today's rapidly changing geopolitical landscape, national security has become a paramount concern for governments and businesses alike
Over the past decade, government intervention in the private sector has steadily increased as it cracks down on potential avenues for foreign interference and looks to the private sector to support its counterintelligence and cross-border law enforcement efforts. In parallel, Australia continues to increase its investment in defence to address capability gaps and an unsettled regional security environment.
We bring together a range of capabilities to help clients navigate this complex and evolving risk, regulatory and policy landscape, so they are prepared to meet the challenges of modern security threats.
How can we help
Our expertise across a range of areas – from white collar crime, cybersecurity and technology, to foreign investment and defence contracting – provides clients with comprehensive legal, risk and compliance advisory services to address a range of national security-driven issues relating to regulatory and enforcement matters, foreign investment, state-sponsored physical and cyber threats, foreign interference, sanctions, export controls, government inquiries and interventions, and supply chain security and compliance.
We do this by:
- Regulatory compliance and remediation programs – Assessing compliance risks; developing, reviewing and uplifting governance frameworks (including policies, processes and controls); conducting transaction and counterparty compliance due diligence; and supporting crisis response and post-compliance incident investigations and remediation.
- Regulatory enforcement action – Supporting responses to regulatory or law enforcement investigations or enforcement action including by the Australian Federal Police, the Australian Transactions and Reports and Analysis Centre, the Australian Sanctions Office, the Australian Prudential Regulatory Authority and the Australian Securities and Investments Commission.
- Government agencies – Engaging with relevant government agencies, including the Foreign Investment Review Board (FIRB), National Office of Cyber Security, Department of Home Affairs, Cyber and Infrastructure Security Centre, intelligence agencies and law enforcement in Australia and abroad, and advising on the application of Mutual Legal Assistance Treaties (MLATs) and other processes.
- Protected information – managing, and helping clients to manage, processes for handling classified and other protected and highly regulated information.
Foreign investments (FIRB)
We help buyers, sellers and investors to:
- Navigate the foreign investment review board process, including by developing plans to facilitate regulatory approval, negotiating FIRB conditions, presenting to regulators and advocating for transactions, especially where there is a heightened concern about foreign interference
- Diligence mergers and acquisitions that raise potential sanctions, export control, anti-bribery and corruption or cybersecurity risks, and other national security concerns
- Provide post-transaction advice on implementation of, and compliance with, FIRB conditions
- Negotiate remediation action plans when non-compliance is identified.
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Sanctions and export controls
We help clients:
- assess their exposure to sanctions and export controls compliance risk, and develop and enhance their sanctions and export control compliance programs
- navigate increasingly complex and onerous regulatory requirements
- conduct internal investigations into potential violations
- engage with the Australian Sanctions Office regarding sanctions authorisations and with Defence Export Controls in relation to the export of regulated goods
- navigate the newly established "AUKUS licence free environment", which facilitates a smoother transfer of regulated goods and technologies between Australia, the United States and the United Kingdom
- prepare for and respond to inquiries and investigations
- design and implement compliance and remediation programs
- defend regulatory enforcement action and proceedings.
Defence industry
We have some of the most experienced and successful defence project experts in Australia, who focus exclusively on advising contractors. We help clients:
- on market entry into Australia, including establishing a local presence and navigating key foreign investment, employment and defence security regulations
- navigate Australia's regulatory landscape when bringing cutting-edge 'first in class' systems and materiel to market
- establish local supply chains (both on and off project)
- negotiate and finalise their largest and most strategic agreements with Defence customers
- resolve disputes with key customers and supply chain members.
For more on our Defence sector see here.
Supply chain security and compliance
Our team help clients:
- manage supply chain risks and compliance with related regulatory requirements in the context of investments, acquisitions, divestments and other transactions
- respond to supply chain cyber incidents, disruptions and other integrity issues
- minimise the risk of and respond to other supply chain risks including modern slavery and sanctions related risks through conduct of audits, advising on uplift of controls, sanctions screening and responding to any issues or incidents identified.
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Cybersecurity, privacy and AI
Our team supports clients to:
- respond to state-sponsored cyberattacks (including threats linked to Advanced Persistent Threats), cyber espionage, and ransomware and cyber incidents impacting sensitive government systems and data
- manage insider threats, including from foreign state-sponsored remote workers
- provide sanctions and AML/CTF advice in relation to ransomware and other cyber extortion incidents
- supporting responses to government directions, and demands for information or access to systems (including lawful surveillance and interception requests, and responding to directions made under MLATs), balancing privacy with law enforcement needs and national security concerns
- develop robust cyber risk management, regulatory compliance and preparedness programs, including assisting in the development of risk management programs under the SoCI Act
- navigate the critical infrastructure regulatory landscape, including developing compliance programs, advising on annual attestation obligations, engaging with government agencies in respect of the exercise of government assistance powers and assisting in responding to Cyber and Infrastructure Security Centre (CISC) audits
- implement and comply with data and security FIRB conditions
- navigate safe adoption of AI in high-risk settings, including advising on governance frameworks and compliance with the growing pile of orders, declarations and guidance directed at AI security and dual use AI models that can be easily repurposed for harmful ends
- manage the use and disclosure of classified and other protected and highly regulated information.
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Anti-money laundering and terrorism financing
We support global financial institutions, payment providers, digital asset companies, fund and asset managers, and other multinationals on all aspects of AML/CTF compliance and enforcement, including:
- program reviews
- internal investigations into potential violations
- preparing for and responding to inquiries and investigations
- compliance and remediation programs
- defence of regulatory enforcement action and proceedings.
Anti-bribery and corruption
We help clients:
- assess their exposure to bribery and corruption risk, and develop and enhance compliance programs
- conduct transaction-specific due diligence and manage supply chain risks
- conduct internal investigations into potential violations
- preparing for and responding to inquiries and investigations
- compliance and remediation programs
- defence of regulatory enforcement action and proceedings.
Government contracting
Our team advises on:
- compliance with Government rules and policies that govern procurements (including Commonwealth Procurement Rules and the Commonwealth Supplier Code of Conduct)
- responses to government RFPs for national security programs
- contracts for classified government programs, including with respect to Commonwealth government template contract structures (e.g. ASDEFCON and BuyICT)
- the (limited) ability to challenge procurement decisions
- compliance with Commonwealth laws and regulations governing the handling of classified information (e.g. the Defence Security Principles Framework).
Experience
Defence agreement negotiation
Advised Naval Group on all aspects of its agreements, as prime contractor, for the $80 billion Attack Class Submarine Program (the precursor to the SSN AUKUS program), which was then Australia’s largest-ever defence program.
Cyber risk management and cyber incident readiness
Advising various corporates, including large financial institutions, leading mutual banks, superannuation funds, an insurer, a multinational resources company, a global energy company, and an FMCG businesson their whole-of-group cyber risk management and cyber incident readiness projects.
Responses to ransomware and data theft extortion attacks
Advising various corporates, including large financial institutions, a major telecommunications company, a global gaming company, a managed service provider, a global medical company, a multinational logistics company, PE portfolio companies, and a major hospitality companyon their responses to ransomware and data theft extortion attacks, including on their engagement with breach response experts, insurers, regulators, law enforcement and government agencies, as well as on their notification strategies, market disclosures, data assessments, remediation efforts and third-party claims.
Cybersecurity compliance assessments and uplifts
Advising large financial institutions, superannuation funds and insurers on cybersecurity compliance assessments and uplifts, including in relation to CPS 234 (Information Security) and draft CPS 230 (Operational Risk Management), and on security of critical infrastructure uplift projects.
Anti-money laundering
Conducting numerous investigations for banks in relation to potential breaches of the AML/CTF regime, including in response to requests from AUSTRAC.
Anti-bribery and corruption
Acting in investigations by the AFP, ASIC, Parliamentary Inquiries, the US DOJ and SEC and UK SFO, and disclosure class actions arising from foreign corruption allegations.