National Security Across Borders: Predictions, Priorities and Best Practices for Navigating Geopolitical, Regulatory, and Enforcement Headwinds in 2026

In a fireside chat co-hosted with the Association of Corporate Counsel (ACC), MoFo partners Brandon Van Grack and Chris Chamberlain (Washington, D.C.), Daniel Levison (Singapore), and associate Rishikeesh Wijaya (Singapore) examined the fast‑changing national security regulatory landscape in the United States and across Asia‑Pacific. Against a backdrop of rising geopolitical tension and expanding enforcement regimes, the discussion focused on what multinational companies should expect in 2026 — and how to manage the practical challenges of operating across Asia.

Key Takeaways for Multinational Companies

• Increased U.S. enforcement in 2026. 2025 marked a transition year as the current U.S. administration installed new leadership and reset enforcement priorities. In 2026, national security agencies are shifting into full operational mode, bringing increased enforcement activity. Recent funding decisions, including an expanded enforcement budget for the Department of Commerce, will likely sustain this trend in the year ahead.

• Heightened risk for APAC businesses. Enforcement attention outside the United States, and particularly in the APAC region, aligns with U.S. geopolitical and national security priorities. Direct enforcement against Chinese companies and confrontational regulatory actions may be muted to avoid upsetting political dynamics, while U.S. and allied/partner country companies may face increased scrutiny as the U.S. uses enforcement to continue pursuing its policy objectives and calls on allies to support cooperation.

• No “one-size-fits-all” compliance. Compliance programs built solely around U.S. rules are now inadequate. Jurisdictions including Japan, the UK, and the EU have adopted U.S.-style enforcement tools within distinct national security regimes—often with broader reach, as seen in EU and UK sanctions. Tailored, jurisdiction-specific controls, particularly for sanctions screening and investment approvals, are becoming essential. It is increasingly important to make a fulsome assessment of jurisdiction, rather than assume an analysis of one jurisdiction will suffice for others.

• Ongoing regulatory scrutiny. Governments worldwide—including the United States, Japan, Singapore, and Korea—are implementing frameworks that allow continuous oversight of companies and sectors tied to national security. As geopolitical conditions shift, companies may need to reassess risk during transactions or even after deals have closed.

• Substance over form. National security regimes offer fewer bright-line rules and grant regulators broad discretion. Enforcement agencies will focus on how controls operate in practice, not just how they are documented. Effective employee training—and real-world risk identification and mitigation—will be critical.

MoFo’s National Security team provides practical, cross-border guidance to help companies anticipate these risks, avoid regulatory missteps, and build resilient compliance programs in an increasingly complex global environment.