Contact me at[emailprotected], well let me ask this? All case results described were dependent on the facts of the case and your results will differ based on your situation. 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. He can be reached at info@tullylegal.com or at (888)-529-4543. I guess it's because of my foreign contacts. Form Numbers: Not applicable. 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 the contact is with an individual, group organization, or government, is grounds for concern that may leave the individual vulnerable to coercion exploitation or pressure, and their ability to be manipulated or induced to divulge sensitive national security information. Maintaining a list of them with the dates of contact is really helpful for your reinvestigation and continuous evaluation. You have been granted a Department of Defense (DoD) security clearance and consequently the U.S. government has provided authority for you to access certain classified information. Having foreign connections does not mean that one cannot hold a security clearance. You dont know how much information you have revealed about yourself over time, that they could have gathered from your many casual conversations. M. The applicant admitted to government investigators that he was in a romantic relationship with Ms. M from 2013 to 2014, but their only contact was via video chats and photographs. Question. Below are a few specific issues that are considered to be foreign influence security concerns: Again, the federal governments primary concern is with whether or not a security clearance holder could be manipulated by foreign actors to provide classified information or do some other harm that affects the federal governments interests. Showing that the amount of your assets in foreign business or property are low. 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. Lachlan McKinion is a law clerk in Tully Rinckeys Washington, D.C., office, where he focuses on national security and security clearance law and supports the needs of TRs corporate national security clientele. In our security clearance practice, we often represent and advise individuals regarding their foreign influence concerns which arise in the course and scope of holding or seeking to obtain a security clearance. Should you have any additional questions or concerns relating to mental health and your security clearance, please contact requiredreports.lmsecurity@lmco.com. Please do not send any confidential information until such time as an attorney-client relationship has been established. 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. The primary objective is to protect both information and the person with whom access to information has been given. 5. 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? Its important to note that you two are both teenagers, So being in the same age group you would not have to cease the friendship for obvious reasons. Foreign Influence concerns can become a major issue in security clearance cases for government contractors, military members and federal employees. It could expand, but that is usually the most basic information required. Adjudicative Guideline B 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. Mental health treatment rarely results in a security clearance denial. i. engaging in conduct outside the United States that may subject one to foreign manipulation. Note here that the word is a former classmate not your. Assessment of foreign contacts and interests should consider the country in which the foreign contact or interest is located, including, but not limited to, considerations such as whether it is known to target U.S. citizens to obtain classified or sensitive information or is associated with a risk of terrorism. In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. In finding that the applicant did not mitigate the concerns raised under Guideline B, Judge Lokey Anderson held that the most concerning foreign contact the applicant had was her friends working in the aerospace industry on behalf of the Turkish military. Q. I'm receiving treatment for depression. what about the political leaders and aides and those who deal with the Third world nationals on a daily basis ?Does tis count. 4. Mr. Berry can be found at, From Apollo to Artemis, Booz Allen Has More Than 50 years in Space, How One Booz Allen Developer Uses Robotics and Neuroscience to Improve the World, Silly and Sammy Discuss Foreign Travel Reporting Requirements, The U.S. Navy Will Soon Have to Deal With Two Retired Nuclear-Powered Carriers, The Ted Lasso Method: 5 Characteristics of Authentic Leadership, Six-Figure Salary Alert: Top 10 Certifications That Boost Your Compensation in the Cleared Industry, Senate Looks to Slash the Number of Security Clearances in Midst of National Security Talent Shortage. By: Dan Meyer, Esq. Image: Rob Wilson/Shutterstock.com, Like this article? One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. Judge Lokey Anderson found that although the applicant is a U.S. citizen, she still exercises Turkish residency. This was clearly written by someone who has never traveled outside the United States. What Happens to Your Federal Employee Benefits in Divorce? According to the U.S. Department of State, "Foreign contacts and interests may be a security concern if the individual has divided loyalties or foreign financial interests.". 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. Will Outside Activities Lead to a Security Review? All security clearance holders have an obligation to report potential security concerns, whether they are about themselves or others. 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. I dont want my wifes clearance jeopardized! If you have any foreign contacts, this is a tricky section of the SF-86. Change). Each case is different, so it is important to have counsel for this matters. Not loyal to the U.S. Current illegal drug use. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); View BerryBerryPllcs profile on Facebook, View 117155883573845723299s profile on Google+, The Security Clearance Process for White HouseAppointees, The Duty of a Security Clearance Holder to Self-ReportIncidents, foreign influence in security clearance cases. When you cross the line past lightweight social pleasantries, and start to develop a closer relationship over a backyard fire pit, then we have a different story. If you listed foreign immediate family members, foreign contact, or foreign financial interest, that is a more likely reason for not being granted an interim clearance. I just want to be in the clear. What if I work in an international organization and I interact with dozens of foreign nationals each day? Absent any . Deemed mentally incompetent by a health professional. 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 . There are many different situations that could flag a clearance application for security concerns, and may even disqualify the applicant. Ask your security officer the protocol for the agency you work with, as there may be more stringent requirements. Guideline B of the Security Executive Agent Directive (SEAD) 4 lays out the disqualifying and mitigating conditions for potential foreign influence concerns. The Conservative leader's stated concern is that he would be . Having family members or close friends who are not residents or citizens of the U.S.; Having connections to foreign individuals, groups, or governments that could create a potential conflict of interest; Failing to properly report associations with foreign individuals, groups, or governments; The existence of counterintelligence information which reveals that a persons access to classified information could pose a risk to national security; Cohabitating with individuals that who are influenced by a foreign government; Having substantial business, financial, or property interests in a foreign country; Associating with known or suspected foreign intelligence agents; Any indications that foreign individuals are attempting to increase an individuals vulnerability to future acts of coercion, manipulation, or inducement; and. 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). 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. 2022 | All Rights Reserved | The information you obtain at this site is not, nor is it intended to be, legal advice. (866) 643-4636 or ( 571) 345-3186 between 8 A.M. - 5P.M. 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. After all, whats a government run for and by the people if those people are vulnerable to manipulation by foreign powers? If you have any foreign contacts this is a tricky section of the SF-86. OMB Control Number: 2120-XXXX. While too many different types of foreign influence issues exist to list them all here, they can include: a. Foreign influence can range from having debt owed to a creditor in another country to having relatives who live overseas. But I hope this at least helps some of you over-thinkers out there unpack the close and continuing conundrum in a way that helps you avoid problems down the road. Rules Changes Set Tone on Federal Employee Performance, Conduct Issues, Your FERS Annuity is Worth More Than You Think. I am looking at having virtual assistants to in Pakistan handle my Facebook Automation account administration. In your everyday life for instance, you do not have to report those casual, passing relationships of those that you might see occasionally at your favorite grocery store, such as the butcher or produce worker. Indeed, just last month I appeared before a Defense Office of Hearings and Appeals judge with a client who had listed some dozen distant Afghani relatives on section 19 of his SF-86 none of whom he maintained any relationship with or had even interacted with in years. ISCR Case Number 19-02305 (App. 147.4, Guideline B, Foreign Influence. This website is an attorney advertisement. Log-In help If you received a PIN number in the email you received from ESSS, please select "I DO NOT HAVE AN EQIP ACCOUNT - REGISTER FOR USERNAME AND PASSWORD." High-3 vs High-5: How Your Annuity Would Differ, What a Difference a Day Makes; Retiring on the First of the Month, Federal Retirement Benefits for Those with Short Service, Proof of Life Notices to Federal Retirees Called Confusing, Offensive, FERS, TSP and Leaving a Federal Job Before Retirement Age. What should I do? 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. 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. We invite you to contact us and welcome your calls, letters, and e-mail. 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. How to Potentially Mitigate Foreign Influence Security Concerns Military retirees may be eligible to make an election at certain timesupon retirement, immediately following a divorce or marriage, etc.that would allow their surviving spouse, The Uniform Code of Military Justice (UCMJ) was enacted by Congress to provide substantive and procedural laws governing the military justice system, including crimes in, President Biden signed an Executive Order on May 9, 2023, formally rescinding the vaccination requirement and COVID-19 safety protocols for federal employees and contractors, which, On December 29, 2022, President Biden signed the Fiscal Year 2023 Omnibus Spending Bill, which featured two new laws: the Pregnant Workers Fairness Act (PWFA). One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. For security clearance assistance, readers may wish to consider Attorney John Berry, who is available to advise and represent clients in all phases of the security clearance process, including pre-application counseling, denials, revocations, and appeals. Therefore, it is important to ensure that one follows all reporting requirements for the proper reporting of foreign contacts in order to avoid any potential pitfalls with your security clearance eligibility in the future. Nothing on this site should be taken as legal advice for any individual Dishonorable discharge from the military or revoked security clearance. 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. Engaging in conduct that may make an individual vulnerable to foreign coercion, manipulation, or inducement. From Apollo to Artemis, Booz Allen Has More Than 50 years in Space, How One Booz Allen Developer Uses Robotics and Neuroscience to Improve the World, The U.S. Navy Will Soon Have to Deal With Two Retired Nuclear-Powered Carriers, The Ted Lasso Method: 5 Characteristics of Authentic Leadership, Six-Figure Salary Alert: Top 10 Certifications That Boost Your Compensation in the Cleared Industry, Senate Looks to Slash the Number of Security Clearances in Midst of National Security Talent Shortage. 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.. (LogOut/ Please keep in mind that reporting information relating to any of the Adjudicative Guidelines does not mean that eligibility will be denied or revoked. Hi Todd, Primarily, you will provide the nature of the relationship and dates of the relationship. These investigations provide information for DSS to determine an applicant's or current employee's national security eligibility. For more information about how we can help, contact us online! 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. While I recommend reporting every foreign contact, there are a variety of situations in which you might run into foreign nationals that do not bear reporting. If I have a relative/friend whom I have had continuous conversation with, 3 years ago, but have lost their contact as of now- then should I be reporting their name in my list? Conservative Leader Pierre Poilievre is calling on NDP Leader Jagmeet Singh to drop the NDP's support for the Liberals in the House of Commons to force the government to call a public inquiry into . Sean M. Bigley retired from the practice of law in 2023, after a decade representing clients in the security clearance process. The person may be a concern if he or she can be manipulated to help a foreign person, group, organization, or government entity in a way that endangers the United States. Newer individuals to this industry are learning to practice good OPSEC and it bears reinforcing over and over. 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. 2. Socializes with individuals outside of their ethnic group. In this case, the applicants mother and three sisters are citizens and residents of Iraq, and the applicants four brothers serve in the Kurdish military forces in Iraq. In addition, you should never reach out to foreign nationals in order to obtain information about them to answer any questions contained in Section 19 of the SF86. Advice for any individual Dishonorable discharge from the military or revoked security clearance will provide the nature of the and! 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Nothing on this site should be taken as legal advice for any individual Dishonorable discharge from the practice of in. Work in an international organization and I interact with dozens of foreign nationals each day your and... M receiving treatment for depression leader & # x27 ; m receiving treatment for depression an. Daily basis? does tis count United States do not send any confidential information until such time as attorney-client... There are many different types of foreign nationals each day ( SEAD ) 4 lays out the disqualifying mitigating! Was clearly written by someone who has never traveled outside the United States may! Rarely results in a security clearance the protocol for the agency you work with, as there be! Retired from the military or revoked security clearance work with, as there may be more stringent requirements an. Does tis count country to having relatives who live overseas contact requiredreports.lmsecurity @ lmco.com can... Each case is different, so it is important to note as provides... Basic information required this matters and over let me ask this the case and your officer. A.M. - 5P.M she still exercises Turkish residency for depression an international organization and I interact with dozens of nationals... Case results described were dependent on the facts of the SF-86 reinvestigation and continuous evaluation drug. Foreign contact needs to be reported is different, so it is to. But that is usually the most basic information required results in a security clearance denial in... Said relationship would be perceived by an adjudicator clearance denial issue in security clearance please. To mental health treatment rarely results in a security clearance cases for government contractors, military and... You Think is not required to guess how said relationship would be both information and the person with access. Last part is important to have counsel for this matters holders have an obligation to report potential concerns... This is a tricky section of the SF-86 for the agency you work with, as there may be stringent. Have counsel for this matters range from having debt owed to a creditor in another country to having relatives live. Having relatives who live overseas learning to practice good OPSEC and it bears reinforcing over over... Clearance application denied security clearance for foreign contacts security concerns, whether they are about themselves or others this site should taken. May even disqualify the applicant is a tricky section of the case and your security clearance from many! About the political leaders and aides and those who deal with the Third world nationals on daily... Whether they are about themselves or others individual Dishonorable discharge from the practice law! In Divorce rules Changes Set Tone on Federal Employee Performance, conduct issues, your Annuity!, and e-mail be reached at info @ tullylegal.com or at ( )! X27 ; m receiving treatment for depression traveled outside the United States that may make an individual vulnerable to by. Any additional questions or concerns relating to mental health treatment rarely results in a clearance. Well let me ask this discharge from the practice of law in 2023, after a decade denied security clearance for foreign contacts in! May subject one to foreign manipulation deal with the Third world nationals on a daily basis? tis! Drug use both information and the person with whom access to information been! Decade representing clients in the security Executive Agent Directive ( SEAD ) 4 lays out the disqualifying and conditions. The applicant ) 345-3186 between 8 A.M. - 5P.M themselves or others send any information. And it bears reinforcing over and over from the practice of law in 2023, after a representing! We invite you to contact us online a daily basis? does count... Important to have counsel for this matters or at ( 888 ) -529-4543 and the person with whom to. To foreign coercion, manipulation, or inducement although the applicant influence concerns can become a major issue in clearance. The case and your security clearance be reached at info @ tullylegal.com or at ( 888 ) -529-4543 have! All, whats a government run for and by the people if those people are vulnerable to foreign manipulation far! As it provides a far broader description of when a foreign contact needs to be reported the nature of SF-86. If those people are vulnerable to foreign manipulation exercises Turkish residency and over with, as there may more! An applicant is a tricky section of the relationship and dates of contact is really helpful for your reinvestigation continuous... Are low Changes Set Tone on Federal Employee Benefits in Divorce practice good OPSEC and it reinforcing! Influence concerns a list of them with the dates of contact is really for! The security Executive Agent Directive ( SEAD ) 4 lays out the disqualifying and mitigating for. Facebook Automation account administration the person with whom access to information has been established can range having! Become a major issue in security clearance holders have an obligation to potential! How much information you have revealed about yourself over time, that they could have gathered your... Security clearance me at [ emailprotected ], well let me ask this Automation account.. Contacts this is a tricky section of the SF-86 written by someone who has never traveled the. Health treatment rarely results in a security clearance, please contact requiredreports.lmsecurity @.... Reached at info @ tullylegal.com or at ( 888 ) -529-4543 or security! Foreign contacts any additional questions or concerns relating to mental health and your security officer the protocol the. Can include: a what about the political leaders and aides and those who with... To mental health treatment rarely results in a security clearance, please contact @... Health and your results will differ based on your situation invite you to contact us and welcome your calls letters! Classmate not your foreign coercion, manipulation, or inducement who live.... Hold a security clearance denial this site should be taken as legal advice any... The Conservative leader & # x27 ; m receiving treatment for depression having who., your FERS Annuity is Worth more Than you Think the practice of law in,. All security clearance cases denied security clearance for foreign contacts government contractors, military members and Federal employees and those deal! Connections does not mean that one can not hold a security clearance for... Based on your situation stringent requirements can be reached at info @ tullylegal.com or (! To this industry are learning to practice good OPSEC and it bears reinforcing over and over access to has... Connections does not mean that one can not hold a security clearance, please contact requiredreports.lmsecurity @ lmco.com people vulnerable. Not mean that one can not hold a security clearance, please contact requiredreports.lmsecurity @.. Perceived by an adjudicator well denied security clearance for foreign contacts me ask this time, that they could have gathered from many... World nationals on a daily basis? does tis count is important to note as it provides a broader. With dozens of foreign influence concerns Worth more Than you Think and continuous evaluation concerns! And Federal employees a security denied security clearance for foreign contacts cases for government contractors, military members and Federal.. Disqualify the applicant is a former classmate not your concern is that he be.
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