See what your SM has to say. He has represented numerous clients in security clearance revocation proceedings and has a proven record of saving clients jobs, as well as anticipating and resolving potential future issues with their security clearances. Security Concerns to Be Aware of Under Guideline B In a recent Department of Justice (DOJ) case an Air Force civilian employee, Xiaoming Zhang, was convicted of providing false Clearance Officer. Foreign Contacts and Activities - Section 19-20 Foreign influence is one of the top reasons security clearances are denied. Government contractors are first asked a series of questions that they must respond to within 20 days. One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. Change), You are commenting using your Facebook account. And depending on your level of clearance it might not even be an issue. Security Clearance. As a consequence, foreign influence security concerns are among the main reasons why security clearances are revoked or never even granted. Lockheed Martin Wins Contract Mod for F-35 Lightning II Joint Strike Fighter Logistics Support, National Guard and Reserve Fight for GI Bill Equality: The Long Overdue Parity Act. When reporting would I have to collect and state the nannys immediate relative information? As I mentioned, each case is different, and strategy for each can vary. Broadly speaking, a foreign influence security concern is any pressure point that a government employee may have that a foreign power could exploit to the detriment of the United States. Heres another litmus test if you dont know if an individual is from overseas, but just think they are, you probably dont need to report them. A history of financial problems. The takeaway? The question asks: I have not hired their cheap VA work yet. One of your many responsibilities as a person that holds a security clearance is reporting foreign contacts with whom you have close and/or continuing contact. A security clearance is designed to determine eligibility for access to classified national security information and entails an evaluation of whether an individual is a security threat (e.g., is the person likely to reveal classified information to a foreign . The security clearance system sought by Takaichi would allow the government to decide which entities including private companies would be granted access to . Guideline B of the Security Executive Agent Directive (SEAD) 4 lays out the disqualifying and mitigating conditions for potential foreign influence concerns. However, the transaction was blocked as it was suspected of being fraudulent. Former Air Force Intel Leader Gets Lenient Sentence for Hoarding Classified Information, School Military Family Life Counselor - Misawa, Japan, Tier 2 System Maintainer - TS/SCI with Poly, Day Facilities Operator - TS/SCI with Poly, Logistics Deployable TARP Representative Storekeeper, The contact must be close and/or continuing; AND, The point of contact must be the applicant or the applicants spouse or cohabitant; AND, The relationship must have existed within the last seven (7) years; AND, A bond of affection, influence, common interests, and/or obligation must exist between the foreign national and the applicant or the applicants spouse/cohabitant. There are many reasons why a U.S. citizen may have dual citizenship with another county. This information is not intended to create, and receipt This guide provides . ISCR Case Number 20-00307(Oct. 14, 2020) (Applicant with family ties to Taiwan and family property denied security clearance based on possible foreign influence). Federal employees request a hearing before the appropriate appeals board or administrative judge, where their case will be heard and evaluated. Takaichi denied that Japan's recent curbs on chip-making equipment targeted China. In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. For example, individuals who are naturalized citizens, who have friends or family members residing abroad, who cohabitate with non-citizens, or who have foreign business interests might be to affected by Guideline B. Mr. Meyer can be reached at info@tullylegal.com or at (888) 529-4543. efficiency of the security clearance investigation process. However, the caveat comes with the continuing association aspect of the reporting requirements. She has helped manage projects in training and IT. Foreign Influence concerns can become a major issue in security clearance cases for government contractors, military members and federal employees. Military one source recommended that I go through Au Pair service to get an in home nanny as it fits within our limited budget. And I encourage you to teach people to tell you as little as possible because its not your business, and also I would encourage you to not ask people a lot of personal questions as a practice. However, before even getting to these regulations, one must decide if they are required to report foreign contacts. As can be seen, this question has two requirements: (1) that a bond of affection, influence, common interest, and/or obligation exists between the foreign national and either the applicant or the applicants spouse or cohabitant; and (2) that the foreign national and either the applicant or the applicants spouse or cohabitant have had close and/or continuing contact within the last seven years. A substantial financial interest in a country or in any foreign-owned or operated business that could make the individual vulnerable to foreign influence. This can be done with the help of an attorney who is experienced in security clearance matters, like one of ours at Claery & Hammond, LLP. Security Consultant | Clearance Analyst | Federal Contractor Business Secrets Podcast | Washington, DC. Thank you for your question! As long as they are handling their paperwork to get it processed correctly, its not your concern or your duty to ensure that they are doing what they need to do. 3 Contacts You Don't Have to Report In determining whether your contact will raise a national security issue, the agency will evaluate whether or not your contact is close and continuing as well as whether or not the foreign national is an individual with whom you are bound by affection, influence, common interests, and/or obligation. See 32 C.F.R. However, many who apply are denied a security clearance because of a variety of concerns, including what is known as foreign influence. In this article, we will discuss one of the common reasons for the rejection of a security clearance application, and the facts you need to understand Guideline B: Foreign Influence of the Director of National Intelligences Adjudicative Guidelines. H. The applicant was also romantically involved with her. Thank you for your question! Reporting periodic regular relationships with foreign nationals is required, however minor, such as a social media friend only. your childrens tutor or nanny), and especially those with endearing ties, such as a romantic relationship. Per SEAD-4, conditions that could mitigate security concerns include: A determination that the immediate family member(s) (spouse, father, mother, sons, daughters, brothers, sisters), cohabitant, or associate(s) in question are not agents of a foreign power or in a position to be exploited by a foreign power in a way that could force the individual to choose between loyalty to the person(s) involved and the United States; Contacts with foreign citizens are the result of official United States Government business; Contact and correspondence with foreign citizens are casual and infrequent; The individual has promptly complied with existing agency requirements regarding the reporting of contacts, requests, or threats from persons or organizations from a foreign country; Foreign financial interests are minimal and not sufficient to affect the individuals security responsibilities. Ryan C. Nerney, Esq. A foreign national neighbor who applicant waves hello to each morning and occasionally crosses paths with at the local gym, but with whom applicants relationship is limited to basic social courtesies. Security clearance adjudicators work to attempt to limit the U.S. Governments potential exposure to potential foreign influence concerns. All holders of a security clearance must keep their security office informed about anything that might have a bearing on their continued eligibility for access to classified information or. So, there we were $4,000 and six months later unwinding this unfortunate situation and assuring the judge that, no, this applicant doesnt maintain any communication whatsoever with the listed individuals, nor does he harbor any feelings of affection or obligation to them. Newer individuals to this industry are learning to practice good OPSEC and it bears reinforcing over and over. Only have foreign passport (I'm apply[ing] for a U.S passport but it won't be available when I need to submit SF86) Immediate family are all green card holders. I just want to be in the clear. So hopefully youll get to keep your hair and know that you are doing your part to help our nation as tedious as it might be. Reporting foreign contacts is one of the highest obligations for security clearance holders. This definition is left up to interpretation, but it routinely means that any foreign contact you exchanged personal information with, including simply your name, can be reported. The continuing association must be just thatcontinuingand be multiple and/or ongoing. Not loyal to the U.S. Current illegal drug use. Examples of foreign influence considerations that might disqualify someone include: Mitigating Conditions If an applicants conduct raises a concern regarding his or her foreign influence, each of the following conditions, as applicable, could mitigate any security concern: Section 19 of Standard Form 86 (SF 86), for example, asks: Do you have, or have you had, close and/or continuing contact with a foreign national within the last seven (7) years with whom you, or your spouse, or cohabitant are bound by affection, influence, common interests, and/or obligation? You know you have to report foreign contacts on your security clearance application or report new contacts to your security officer but what does close and continuing mean, anyway? Hi Todd, Primarily, you will provide the nature of the relationship and dates of the relationship. 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