# DoD Extends FOCI Reviews to Unclassified Work

The Department of Defense published proposed DFARS amendments on May 7, 2026, to implement Section 847 of the FY2020 NDAA by extending foreign ownership, control, or influence (FOCI) disclosures and reviews to covered DoD contracts and subcontracts generally valued above $5 million, including unclassified work. The proposal is not final, and the comment period closed July 6, 2026. Commercial products and services are generally excluded, subject to a specified national-security risk determination.

- If finalized, the rule could make NISS eligibility relevant to awards, options, modifications, and extensions; contractors should prepare ownership and foreign-interest records and assess covered subcontractors.
- Procurement teams should distinguish the proposed DFARS requirements from DoD Instruction 5205.87, issued in May 2024, which addresses qualifying defense research assistance awards above $5 million.
- The proposal’s transition and effective-date details are not stated. Companies can use the period before finalization to organize the records and subcontractor information identified in the proposal.

**Jurisdictions:** federal
**Industries:** Defense & Military
**Topics:** Regulatory Compliance, Policy
**Published:** November 05, 2026

### Government Entities
- U.S. Department of Defense (DoD)
- Defense Counterintelligence and Security Agency (DCSA)

### Sources
- [Unclassified Defense Work Does Not Exempt from FOCI Requirements](https://natlawreview.com/article/unclassified-defense-contractors-preparing-foreign-ownership-and-control) - The National Law Review