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Peter C. Alfano III
Partner
Peter Alfano is a member of our international trade and national security practice group and has over 15 years of experience counseling clients on national security regulatory and compliance matters with a focus on foreign investment screening reviews for cross-border investments, having a depth of experiences across a broad set of industries and supply chains, including advanced manufacturing, chemicals, aerospace and defense, infrastructure and renewable energy, ICTS, semiconductors, government contracting, emerging technologies, healthcare and life sciences/biotech.
Peter is a leading practitioner on our team representing transacting parties, both US businesses and non-US investors, before the Committee on Foreign Investment in the United States (CFIUS). This includes assessing CFIUS risks and obligations during deal preparations, counseling on deal provision and structures, negotiating national security mitigation agreements with CFIUS to resolve any concerns as a condition for CFIUS clearance and counseling clients concerning ongoing compliance obligations for national security agreements.
Peter is a member of our firm’s Foreign Direct Investment (FDI) Task Force where he assists transacting parties in assessing and managing foreign investment screening obligations globally for cross-border M&A that triggers CFIUS-like filings in other jurisdictions.
In addition to foreign investment reviews, Peter has over a decade of experience counseling on compliance obligations and risk mitigation strategies to address national security regulatory regimes and related criminal statutes, such as under the Export Administration Regulations (EAR) and Export Control Reform Act (ECRA); International Traffic in Arms Regulations (ITAR, 22 CFR 120-130), including ITAR notice filings to DDTC; the Executive Order on Securing the Information and Communications Technology and Services (ICTS) Supply Chain (EO 13873, May 15, 2019) and implementing regulations (15 CFR 7); sanctions administered by the Office of Foreign Assets Control (OFAC) of the US Treasury Department, including the Non-SDN Chinese Military-Industrial Complex Companies List under EO 14032 and related Chinese military company lists; addressing Foreign Ownership, Control or Influence (FOCI) issues and mitigation arrangements under the National Industrial Security Program (32 CFR Part 117); and the Foreign Corrupt Practice Act (FCPA). Relevant experience includes responding to criminal subpoenas or civil investigative demands and negotiating resolutions with government agencies.
Peter is a member of the New York, Massachusetts and District of Columbia Bar Associations. He is also the recipient of the prestigious Burton Award, supported by the Library of Congress, which is awarded to attorneys who have demonstrated achievement in law and legal writing, and frequent speaker and commentator on issues relating to foreign investment screening and national security compliance strategies.
- Represent global European-based advanced manufacturing business in successful CFIUS clearances involving acquisitions of US targets in aerospace and defense industries.
- Represent US-based chemical company in an internal investigation and subsequent voluntary self-disclosure concerning apparent violations of the Export Control Reform Act.
- Represent Japanese-based chemical company in the acquisition of a US advanced materials manufacturer in the US defense supply chain and negotiate a national security agreement to address CFIUS concerns.
- Provide ITAR and CFIUS counseling to US integrated circuit business with defense contracts for its successful acquisition by European based private equity fund.
- Provide counseling and successfully manage multiple voluntary notifications to CFIUS and subsequent investigations, on behalf of a Chinese diversified electronics manufacturer, involving businesses in the technology sector.
- Provide CFIUS, ITAR and DCSA counseling to a US-based semiconductor equipment manufacturer with a cleared facility in its acquisition by an Asian private equity fund.
- Provide CFIUS counseling and negotiate national security agreement obligations on behalf of a Swedish-based industrial group for acquisition in US manufacturing industries supporting sensitive industries.
- Represent Japanese automotive components manufacturer with significant US production operation to obtain successful CFIUS clearance for the sale of production assets in the US to a Chinese manufacturing company.
- Represent Middle East state-owned investor in acquisition of US manufacturing business supporting sensitive supply chains, obtaining CFIUS clearance for acquisition.
- Counsel international energy company on the FCPA compliance concerning charitable donations and the provision of support to municipalities relating to work in a foreign country.
Education
- The George Washington University, J.D., 2010
- St. John's University, M.A., 2005
- Northeastern University, B.A., 2003
Admissions
- District of Columbia, 2012
- Massachusetts, 2011
- New York, 2011
Languages
- English
- Italian
- Recognized in The Best Lawyers in America 2023: Ones to Watch for Antitrust Law
- Quoted, “Commerce Department can now conduct CFIUS-like reviews,” Foreign Investment Watch, January 22, 2021.