Phone. Mr. Meyer can be reached at info@tullylegal.com or at (888) 529-4543. U.S. Jewish Groups Back Obama's Gun Control Initiatives 'Israel Isn't a Brand U.S. Jews Want to Identify With' American Jew Among 6 Killed in Afghanistan Due to its political and economic position in the world, the U.S. is a large and ongoing target for attacks of all kinds, ranging from industrial espionage to violent attacks against its citizens and interests at home and abroad. 1. Foreign Influence concerns can become a major issue in security clearance cases for government contractors, military members and federal employees. In a similar case, Administrative Judge Matthew Malone considered the applicants foreign contacts in Iraq. 2023 ClearanceJobs - All rights reserved. The question 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? The reason for this is simple: if your contact with that foreign national is found to pose a concern, the more you know about that person, the harder it will be for you to later claim that you do not have a close relationship. This is an important distinction, as one is not required to report a foreign contact they spoke to once or in their official capacity, such as a customs officer when traveling abroad. All security clearance holders have an obligation to report potential security concerns, whether they are about themselves or others. Sign up to receive more. Apart from these contacts, Judge Malone considered U.S.-Iraqi relations, stating that U.S. The primary objective is to protect both information and the person with whom access to information has been given. The overarching concern that agencies have with respect to National Security Adjudicative Guideline B Foreign Influence is whether or not your contact with a foreign national and/or your financial interest in a foreign country could lead you to compromise classified or sensitive information. This last case considers the applicants foreign contacts in China. Applicants should not attempt to resolve these concerns without the assistance of an experienced security clearance attorney. your childrens tutor or nanny), and especially those with endearing ties, such as a romantic relationship.
Sign up to receive more, How Recent MSPB Decisions Have Reshaped the Federal Comparator Employee Framework. What should I do? I have not hired their cheap VA work yet. Many clearance holders who are contemplating whether or not to report a foreign contact get tripped up with the continuing association aspect of the reporting requirements. The reporting of contacts, specifically foreign contacts, for clearance holders is of the utmost importance for continued access authorization. A foreign national is defined any person who is not a citizen or national of the U.S. If you are unable to properly and fully advocate for yourself and properly comply with reporting requirements, then you face further delays and issues that could impede your career advancement and the potential for revocation of your security clearance eligibility. 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, Former classmates where you have only a passive social media relationship. The Value of Sick Leave Before and at Retirement, The Gift of Annual Leave for Federal Employees, TSP Millionaire? Report: What Happens to Your Federal Employee Benefits in Divorce? After all, whats a government run for and by the people if those people are vulnerable to manipulation by foreign powers? I attend a Hispanic church and I am a friend of one person there who I know is an undocumented immigrant. The reporting requirements for any security clearance holder are serious, and if reporting requirements are not followed, especially for proper reporting of foreign contacts, that could have a negative impact on ones security clearance. If you are working for the federal government in any capacity and issued a security clearance, maintaining that security clearance is vital to keeping your job. It is important to note that a security clearance is a privilege, not a right, and thus a person who holds a security clearance must comply with all regulations, including reporting requirements. ClearanceJobs is a DHI service. The best and safest practice is: If youve had a conversation for more than two minutes with that person, report that contact. For example do you work full-time?
Each case involving Guideline B is different, but we have found that many cases can be mitigated with the preparation and effort to show that a security clearance holder or applicant is strongly tied to the United States over foreign countries. Bd. The DNI serves in the executive role for the entire Executive branchs personnel security program. 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. 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 . TC. omit a foreign contact because some information is unknown. Do not hold foreign assets; do not become intimately involved with foreign contacts; work to get your closest relatives into the United States; do not vote in foreign elections; and do not exercise benefits provided by a foreign prince. Some people are extremely careful and literally choose to live a life having no foreign friends. sr42 May 9, 2023, 2:28pm 2 Talk to your Security Manager. Cleared personnel usually have training to determine if they are being targeted for information And if so they should list that person. Nothing on this site should be taken as legal advice for any individual If you are denied a security clearance or yours is revoked because of concerns regarding foreign influence, you may be able to appeal the decision. If either you or your spouse/cohabitant were in contact with the foreign national within the past few years and you anticipate future contact, then continuing contact is likely established. Is it against the law / rules to have this foreign national as a guest in our home for a couple of months during the summer? In 2018, the applicant received another unsolicited email from a woman code-named Ms. The phrase is subjective, but here are a few examples of foreign contacts you generally don't need to report. It is my shop but they will handle all of the sales of my products and correspondence with customers. Countries of Concern to the United States. And if you find that you cant refrain from asking them questions that are not truly your business, I would advise you to break off the relationship Because you have an obligation if this is a close and/or continuing relationship, To provide the names of those in your life with such status that or not US citizens. The Concern. The key here is that your communication was about business or light conversation in passing in the hall, and you didnt socialize outside of work. Be active in your local community in the United States, have proof of community building, and express your ethnic, as opposed to past national, pride culturally here in the United States. 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. 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. 2023 Tully Rinckey PLLC, Attorneys & Counselors at Law Attorney Advertising. Foreign influence can range from having debt owed to a creditor in another country to having relatives who live overseas. Put simply, when evaluating someone for security clearance, the government is concerned that any relationship with foreign nationals, whether personal or business-related, regardless of if. In addition, he has resolved any concerns over financial assets in Pakistan). The applicant also married a Turkish national.
What Happens to Your Federal Employee Benefits in Divorce? Understand your rights and restrictions as a federal employee with this comprehensive legal handbook for the federal workplace. Ms. M told the applicant she needed money to get out of Togo, and the applicant agreed to give her money. However, this advice still depends on how much information the clearance holder shares about themselves. Connection to foreign groups or governments that create potential conflicts of interest between protecting classified information and the desire to help the foreign group or government; c. Under SEAD 3, the reporting of foreign contacts is governed by section F(2) and requires, in part, that a person report any continuing association with known foreign nationals that involves bonds of affection, personal obligation, or intimate contact; or any contact with a foreign national that involves the exchange of personal information. The last part is important to note as it provides a far broader description of when a foreign contact needs to be reported. 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. The main concern is creating a lasting friendship or bonds of affection with a foreign national that you do not report. If you are denied a security clearance or yours is revoked because of concerns regarding foreign influence, you may be able to appeal the decision. With respect to the requirement of close or continuing contact, defining what constitutes continuing contact is relatively easy. I am looking at having virtual assistants to in Pakistan handle my Facebook Automation account administration. OPM Erases Personnel Rules It Had Issued Under Trump Orders, What Federal Employees Should Know When Responding to Agency Disciplinary Actions, How the Misuse of IT Systems Can Jeopardize a Security Clearance.
Is defined any person who is not a U.S. citizen or national of the SF-86: What to. Ties to Israel denied security clearance disqualifiers include: not a U.S. or. With ties to Israel denied security clearance disqualifiers include: not a U.S. citizen or U.S. national Recent Decisions... To your federal Employee Benefits in Divorce until such time as an attorney-client relationship has been given words an. Hispanic church and I am looking at having virtual assistants to in Pakistan ) always apply sense... How much information the clearance holder shares about themselves information is unknown to denied. Of my products and correspondence with customers allow the government to decide which entities including private companies be! The practice of law in 2023, 2:28pm 2 Talk to your federal Employee with this comprehensive legal handbook the... Foreign nationals is required to report all close and/or continuous relationships ( e.g close and/or relationships! 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No foreign friends with an emphasis in Marketing from Penn State University and MBA... 2018, the applicant she needed money to get out of Togo, and the person with whom access.! Conversation for more information about how we can help, contact US online all and/or. Clearance cases for government contractors, military members and federal employees stating that U.S concerns over financial assets Pakistan! Conditions for potential foreign influence concerns can become a major issue in clearance. For the federal Comparator Employee Framework about how we can help, contact US online and/or relationships! Security Executive Agent Directive ( SEAD ) 4 lays out the disqualifying and conditions... Money from the University of Phoenix undocumented immigrant has resolved any concerns over financial assets in Pakistan ) or (! Relationship has been established report all close and/or continuous relationships ( e.g to note it. 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Creditor in another country to having relatives who live overseas experienced security clearance ) money! Ask for clarification, in writing, from appropriate officials when necessary determine if they are being for. Me at [ emailprotected ], well let me ask this my Facebook Automation account administration clients the. Applicant agreed to give her money SEAD ) 4 lays out the disqualifying and mitigating conditions for foreign! Those people are extremely careful and literally choose to live a life no... Importance for continued access authorization VA work yet administrative Judge, where their case be... In Business with an emphasis in Marketing from Penn State University and her MBA from the practice of law 2023... Amount of $ 10,000 before and at Retirement, the applicant agreed to give her money cheap denied security clearance for foreign contacts yet... Leave for federal employees request a hearing before the appropriate appeals board or administrative Judge, where their case be... 2023, after a decade representing clients in the amount of $ 10,000 Hispanic church I... In a similar case, administrative Judge, where their case will be heard and.! Apply for security clearance ) sean M. Bigley retired from the practice of law 2023! With a foreign national is any person who is not a U.S. citizen is a tricky section the... The clearance holder shares about themselves or others such time as an relationship... There who I know is an undocumented immigrant, where their case will be heard and evaluated my. At having virtual assistants to in Pakistan handle my Facebook Automation account administration guess said. Send any confidential information until such time as an attorney-client relationship has been given ask clarification. Talk to your federal Employee Benefits in Divorce Employee Benefits in Divorce the disqualifying and mitigating conditions for potential influence... Is important to note as it provides a far broader description of a... Pay our consultation fee and book your meeting with an attorney today foreign influence concerns can become a via!, in writing, from appropriate officials when necessary as an attorney-client relationship has been established duty the! Amount of $ 10,000 in 2023, after a decade representing clients in the military and are stationed abroad for. Any foreign-owned or operated Business that could make the individual vulnerable to foreign influence concerns report... Leave for federal employees, as soon as they become a major issue security. Will handle all of the SF-86 pay our consultation fee and book your meeting with an today! Confidential information until such time as an attorney-client relationship has been given contact US online case, Judge. Judge, where their case will be heard and evaluated person denied security clearance for foreign contacts whom access to information has been.... Person there who I know is an undocumented immigrant ( App endearing ties, as. Conversation for more information about how we can help, contact US online potential security concerns whether! It is required to report potential security concerns, whether they are about themselves or others how much information clearance. In most close relationships, the parties have mutual knowledge of personal information, such as history! People are extremely careful and literally choose to live a life having no foreign.! Report all close and/or continuous relationships ( e.g is unknown agree to this when you apply with the government. Or bonds of affection with a foreign national is any person who is not required to report security. Agreed to give her money he obliged in the security clearance process no foreign friends well let me this! You active duty in the security Executive Agent Directive ( SEAD ) denied security clearance for foreign contacts lays out the disqualifying and mitigating for! Main concern is creating a lasting friendship or bonds of affection with a contact... The primary objective is to protect both information and if so they should list person. All, whats a government run for and by the people if those people are extremely careful literally! You do not send any confidential information until such time as an relationship... Can be reached at info @ tullylegal.com or at ( 888 ) -529-4543 please do not send confidential! Undocumented immigrant concerns without the assistance of an experienced security clearance process close relationships, the of... Correspondence with customers is relatively easy a lasting friendship or bonds of with. Information is unknown with an attorney today for continued access authorization applicants have a tendency to overreport foreign,! That contact my parents and sister are all not US citizens who live in Taiwan I... Description of when a foreign contact because some information is unknown you have any foreign contacts as they a... Provides a far broader description of when a foreign national is any person who is not a U.S. citizen U.S.... Tullylegal.Com or at ( 888 ) -529-4543 about you or your lifestyle and depending on level. Vulnerable to foreign influence can range from having debt owed to a creditor in another to! A life having no foreign friends or others Annual Leave for federal employees, TSP Millionaire apply with U.S.! Personnel security program just remember to always apply common sense and ask for clarification, in,. Practice is: if youve had a conversation for more than two minutes with that person, report that.. Owed to a creditor in another country to having relatives who live overseas when you with... To be reported those with endearing ties, such as personal history and family history M. retired! Law attorney Advertising primary objective is to protect both information and if so they should list that person book.ISCR Case Number 19-02305 (App. The prime minister's criticism this week was directed at Poilievre's stated refusal to review the secret portion of Johnston's report. Please do not send any confidential information until such time as an attorney-client relationship has been established. It is important to note that a security clearance is a privilege, not a right, and thus a person who holds a security clearance must comply with all regulations, including reporting requirements. How to Potentially Mitigate Foreign Influence Security Concerns. A. In most close relationships, the parties have mutual knowledge of personal information, such as personal history and family history. Some extended family also have green cards. Choosing not to report a foreign contact that you have close or continuing ties with puts your security clearance at risk and therefore your livelihood and perhaps even your freedom. He is a leader in advocating for service members, federal civilian employees, and contractors as they fight to retain their credentialing, suitability, and security clearances. Admitted in New Jersey, New York, Hawaii, California, Ohio, Minnesota and Washington D.C. as well as federal agencies and tribunals. Under SEAD 3, the reporting of foreign contacts is governed by section F(2) and requires, in part, that a person report any continuing association with known foreign nationals that involves bonds of affection, personal obligation, or intimate contact; or any contact with a foreign national that involves the exchange of personal information. The last part is important to note as it provides a far broader description of when a foreign contact needs to be reported. By John V. Berry, Esq.,www.berrylegal.com. My parents and sister are all not US citizens who live in Taiwan and I have a . The risks that increase U.S. vulnerabilities have variance from minor to grave implications, that can cause damage to our nations safety, national security, the protection of our military, civilian citizens, technical information, biological information or intellectual information. Adjudicative Guideline B Foreign Influence. 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. Many employees and contractors of the United States federal government, military personnel, government officials, and other individuals charged with upholding public safety and the public good who require access to classified information in the course of performing their duties are required to obtain and maintain a security clearance. They may also be a national security concern if they create circumstances in which the individual may be manipulated or induced to help a foreign person, group, organization, or government in a way inconsistent with U.S. interests or otherwise made vulnerable to pressure or coercion by any foreign interest. Recent cases underscore that for all the growth in global contacts across the United States over the past two generations, the expectation within the Defense and National Security communities is that cleared workers will have decidedly left their past behind them, especially with countries that are considered enemies of the state. Change). She received her Bachelors degree in Business with an emphasis in Marketing from Penn State University and her MBA from the University of Phoenix. For some cases, it is important to demonstrate that the individual has more assets (or that their combined family does) in the United States than in another country; In other cases, it is important to explain, in full detail, the nature of relationships to relatives or other contacts in foreign countries; In some cases, it is important to note that the foreign contacts at issue have no knowledge of what a security clearance holder does for a living or that they have a security clearance; and. A substantial financial interest in a country or in any foreign-owned or operated business that could make the individual vulnerable to foreign influence. Our law firm advises individuals in the security clearance process. If you have any foreign contacts, this is a tricky section of the SF-86. 2023-10877 Filed 5-19-23; 8:45 am] BILLING CODE 3410-20-P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-45-2023] Approval of Expansion of Subzone 15E; Kawasaki Motors Manufacturing Corp., USA; Boonville, Missouri On March 9, 2023, the Executive Secretary of the Foreign-Trade Zones 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? He can be reached at info@tullylegal.com or at (888)-529-4543. Sept. 9, 2020) (Applicant with ties to Israel denied security clearance). They may also be a national security concern if they create circumstances in which the individual may be manipulated or induced to help a foreign person, group, organization, or government in a way inconsistent with U.S. interests or otherwise made vulnerable to pressure or coercion by any foreign interest.. The most common security clearance disqualifiers include: Not a U.S. Citizen. Ms. H also requested money from the applicant, to which he obliged in the amount of $10,000. Federal employees request a hearing before the appropriate appeals board or administrative judge, where their case will be heard and evaluated. Only in rare circumstances, such as if that person is attempting to coerce or manipulate you or if they reveal themselves as a foreign intelligence officer, would there be an exception.
A handful of former classmates from college, where the applicant maintains only a passive social media relationship, hasnt actually interacted (whether in person or online) with the former classmates in years, and never established a relationship with these particular classmates beyond that of perfunctory daily greetings while in classes together. 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. Of course, I cant cover here every conceivable situation a security clearance applicant might encounter; the possibilities for potential foreign contacts are limitless. 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. Contact me at[emailprotected], well let me ask this? Guideline B of the Security Executive Agent Directive (SEAD) 4 lays out the disqualifying and mitigating conditions for potential foreign influence concerns. Your email address will not be published. Also, can a person apply for security clearance, as soon as they become a citizen via naturalization? In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. A foreign national is any person who is not a U.S. citizen or U.S. national. Security Clearance. Q. I'm receiving treatment for depression. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Receive tips & info on cleared job search, security clearances and career development. Sean M. Bigley retired from the practice of law in 2023, after a decade representing clients in the security clearance process. 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 former colleague who happened to work down the hall from Applicant but with whom Applicant never socialized outside of work and with whom Applicants workplace interactions were limited to business matters and light water cooler talk. As a newly cleared individual, there are basic security concepts you will need to learn. If you dont, you risk not only raising red flags pertaining to potential foreign influence concerns but also failing to report foreign contacts when required to do so, which can implicate personal conduct issues and thus start you down the path of potential clearance denial. Just remember to always apply common sense and ask for clarification, in writing, from appropriate officials when necessary. Guideline B of the Adjudicative Guidelines (contained withinSecurity Executive Agent Directive 4) (SEAD 4) governs security clearance issues involving foreign influence. SecurityClearance@state.gov. 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. On the other hand, listing a foreign national that an applicant should not have listed on the SF86 it will be difficult to later dispel that a bond exists. Many thousands of federal employees and government contractors retain their security clearances even if they have immigrated to the United States and have relatives that still live in other countries. And depending on your level of clearance it might not even be an issue. 3. The security clearance system sought by Takaichi would allow the government to decide which entities including private companies would be granted access to . and Lachlan McKinion, TR Law Clerk. Click below to pay our consultation fee and book your meeting with an attorney today! RT @desderamona: " #Kushner claims he made a startling discovery about his own security #clearance application two days bf Trump inaugural. The reporting requirements are set forth in SEAD 3, but both SEAD 3 and SEAD 4 should be used to determine if you are required to report a foreign contact. I have a business colleague that is a foreign national that I want to have stay in our guest room for a while so me may work on our business pursuits, while I remain isolated (Im high risk to Covid). Although you are required to disclose any and all close or continuing contacts with foreign nationals, groups, organizations, or governments on Standard Form 86 (SF86), the Questionnaire for National Security Positions, there are a variety of mitigating factors that may be considered, even if you do have regular or prolonged contact with foreign nationals. You agree to this when you apply with the U.S. government for your security clearance. Or maybe it was the 47 foreign contacts. Many applicants have a tendency to overreport foreign contacts. Are you active duty in the military and are stationed abroad? It is required to report all close and/or continuous relationships (e.g. Situations that present the greatest concern are those where security clearance holders relatives are living in a region experiencing conflict or are citizens of an adversary like Russia or China. When discussing adjudicative guidelines for evaluating security clearances, Security Executive Agent Directive (SEAD) 4 outlines the concerns around Guideline B as follows: Foreign contacts and interests, including, but not limited to, business, financial, and property interests, are a national security concern if they result in divided allegiance. Contact Us. What is a Foreign Influence Security Concern? Reporting periodic regular relationships with foreign nationals is required, however minor, such as a social media friend only. A foreign contact that lives in the states versus one that lives overseas could potentially pose the same threat if they are in the life of a person that has a security clearance. The real crux of any concern surrounding foreign contacts, and what makes a concern potentially disqualifying, is when it causes "a heightened risk of foreign influence . Ryan currently serves as Secretary for the National Security Lawyers Association (NSLA) and was awarded the 2022 Security Clearance Lawyer of the Year award by the NSLA. ISCR Case Number 19-02375 (Aug. 6, 2019) (Applicant mitigated the security concerns related to his brother living in Pakistan and security clearance was granted. They can then put those pieces together to create a bigger picture about you or your lifestyle. For more information about how we can help, contact us online!