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November 2020

Agribusiness Client Meets DHS Infrastructure Security Rules

United States - Minnesota

A national agribusiness client was advised by Faegre Drinker on compliance with its obligations under the Chemical Facility Anti-Terrorism Standards (CFATS) regulations and the Personnel Surety Program compliance plan it must file with the U.S. Department of Homeland Security Cybersecurity & Infrastructure Security Agency (CISA). CISA has authority to monitor the nation’s critical infrastructure, which includes extensive jurisdiction over chemical facilities, to prevent against cyber and physical threats. The CFATS national security rules apply to high-risk chemical facilities and mandate employers to disclose citizenship status and other personal data to CISA for all personnel who have access to restricted areas and critical chemical assets.

Faegre Drinker’s advice to this client included practical guidance on how to balance its legal obligations under the CFATS regulations with its obligations under other federal and state laws.

Faegre Drinker can use its experience and familiarity with CFATS regulations to advise clients on the development of Site Security Plans (SSPs) or Alternative Security Programs (ASPs), and advise and assist in connection with other CISA-related infrastructure security compliance issues and investigations.

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