Alert 05.13.25
847 Awaiting Takeoff: DCSA Issues Guidance on Expanded Scope of FOCI Assessments
Section 847, which will expand foreign ownership, control or influence requirements to non-classified contracts, is on track for implementation in 2026.
Marcus Burden advises a mixture of private and public firms, along with private equity and sovereign wealth funds on a wide range of matters from tariff, sanctions and export controls compliance across many industries, including defense, construction, shipbuilding, automotive, aerospace, technology, retail, and critical minerals and mining.
Marcus leverages his past experience advising real estate investors to offer a rare combination of sincere intentionality with pragmatic solutions. Through cross-collaborative efforts, he has successfully assisted companies with complex U.S. tariff and customs compliance, export controls, sanctions compliance, defense facility security clearances, outbound investment reviews, CFIUS reviews, and state, federal and international procurements. He is committed to providing clients with exceptional support through their most complex legal issues.
Marcus is not admitted to practice law.
Representative Experience
- Advised multinational construction firms and raw materials manufacturers on reciprocal and sectoral tariff implications regarding imports of steel, aluminum, lumber and copper materials.
- Advised large fitness equipment manufacturer and service provider on HTS classification for product catalogue and anticipated country-specific reciprocal tariff duty hikes.
- Successfully assisted multinational investment firm with outbound investment reviews in international semiconductor, consumer electronics, industrial manufacturing and artificial intelligence companies.
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- Advised major federal defense contractor on potential tariff exemptions under the FAR and DFARS for imported goods in a request for equitable adjustment.
- Successfully assisted international firms with CFIUS reviews on both mergers and acquisitions of U.S. companies.
- Provided guidance for federal bid protests at the GAO and the COFC involving price realism and fixed-price incentive contracts for construction and information technology procurements.
Professional Highlights
- “Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors,” Division 1 of the ABA Forum on Construction Law and the Construction Defect Journal. Author.
- “Treasury Department Finalizes U.S. Outbound Investment Rules.” Co-author.
Education
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J.D., The George Washington University Law School, 2024
Larry D. Harris Government Contracts ScholarM.Div., The Methodist Theological School in Ohio, 2020
Premier ScholarB.A., Arts in Theology, Oakwood University, 2014
B.S., Church Leadership, Oakwood University, 2021
summa cum laude