The individual should hire a security clearance lawyer for advice or representation in this type of case. For more information about how we can help, contact us online! Jan 17, 2016 The U.S. Navy reversed its decision to deny security clearance to a dentist because of his family in Israel. All security clearance holders have an obligation to report potential security concerns, whether they are about themselves or others. A history of financial problems. What kind of information is required to capture about each individual? My wife has a TS security clearance. Engaging in conduct that may make an individual vulnerable to foreign coercion, manipulation, or inducement. Its easily traceable and easily found out through your agreed upon background investigation and continuous evaluation. Foreign Influence concerns can become a major issue in security clearance cases for government contractors, military members and federal employees. Unofficial foreign contacts (continuing association with a foreign national that involve bonds of affection, personal obligation, intimate contact, or exchange of personal information) . If you have any foreign contacts this is a tricky section of the SF-86. 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. Our law firm advises individuals in the security clearance process. 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.". If you have any foreign contacts, this is a tricky section of the SF-86. 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 . Any contact that is fleeting, incidental, or arms length does not need to be reported unless your federal agency has told you otherwise. I just want to be in the clear. 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. 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. I dont want my wifes clearance jeopardized! 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. Guideline B establishes the following security concerns about individuals with foreign influence concerns in Paragraph 6: 6. Email. Or realized that they have > 3 minute interactions with foreign nationals in the U.S. on a frequent basis without knowing it. Law Enforcement Retirement Countdown Clock, Webinar: Your Federal Retirement Benefits, Public Service Loan Forgiveness (Sponsored), Report: Federal Employee Benefits & Divorce, Military Service Credit for Federal Retirement, FLTCIP Federal Long Term Care Insurance Program, FEGLI Federal Employees Group Life Insurance, Dual Employment in the Federal Government, Many clearance holders get tripped up with the continuing association aspect of the reporting requirements. Deemed mentally incompetent by a health professional. Understand your rights and restrictions as a federal employee with this comprehensive legal handbook for the federal workplace. 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. SecurityClearance@state.gov. 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. 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. Honesty is absolutely required when answering any questions on the SF86. Also, can a person apply for security clearance, as soon as they become a citizen via naturalization? 3. While its good to err on the side of caution, in some diverse areas, this could quickly get overwhelming and create unnecessary work for you. 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. Include associates as well as relatives, not previously listed in Section 18? Is there a way to pre-report or somehow ask for permission to hire a nanny from another country before I commit to someone? Veterans in the Civilian Job Sector: Stand Out or Blend in? Thus, if a bond of affection, influence, common interest, and/or obligation does not exist, then the applicant is not required to list the foreign national, regardless of whether or not their contact is close and/or continuing. However, before even getting to these regulations, one must decide if they are required to report foreign contacts. The context was if a person with the security clearance has been able to determine that they are talking to a foreign national and they are unsure of all of the information they have revealed about them selves then yes they should actually list foreign nationals name. Although, my experience is that most people are careful with revealing their professional lives to strangers. Or maybe it was the 47 foreign contacts. After sending her money, the applicant did not hear from Ms. M for several months until she contacted him from Dubai, United Arab Emirates, in 2017. 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. And I would have to understand the context in which you actually hold a security clearance. Former coworkers who you didnt socialize with after work. 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. 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. While having family overseas is considered to be a foreign influence security concern, its not treated the same in all situations. Ms. M stated that she was hiding in a refugee camp under the local ministrys protection in Togo. Case Examples ofForeign Influence Issues Affecting Security Clearances. Sometimes the verbiage in the PAR needs to reflect the need to get you on the program. 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. Please keep in mind that reporting information relating to any of the Adjudicative Guidelines does not mean that eligibility will be denied or revoked. How to Potentially Mitigate Foreign Influence Security Concerns 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. There is good reason for the governments need to protect classified information when it comes to a U.S. citizens access if that citizen has regular or prolonged contact with foreign nationals or even a foreign government. Merely listing (or not listing) foreign nationals could affect the granting of a clearance. You agree to this when you apply with the U.S. government for your security clearance. 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. 2. By John V. Berry, Esq.,www.berrylegal.com. Judge Carol Ricciardello found that based on the applicants ties to China and his questionable communications with Ms. M and Ms. H, there is an increased risk of coercion, persuasion, and duress. There is a threat that a security clearance holder can be exploited to provide information that they have access to, through a relationship or bonds of affection. Each case is different, so it is important to have counsel for this matters. The Conservative leader's stated concern is that he would be . Hey. Consult an attorney regarding your specific situation. Judge Lokey Anderson found that although the applicant is a U.S. citizen, she still exercises Turkish residency. efficiency of the security clearance investigation process. This last case considers the applicants foreign contacts in China. Conditions that could mitigate security concerns include: (a) the nature of the relationships with foreign persons, the country in which these persons are located, or the positions or activities of those persons in that country are such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual, group, organization, or government and the interests of the United States; (b) there is no conflict of interest, either because the individual s sense of loyalty or obligation to the foreign person, or allegiance to the group, government, or country is so minimal, or the individual has such deep and longstanding relationships and loyalties in the United States, that the individual can be expected to resolve any conflict of interest in favor of the U.S. interest; (c) contact or communication with foreign citizens is so casual and infrequent that there is little likelihood that it could create a risk for foreign influence or exploitation; (d) the foreign contacts and activities are on U.S. Government business or are approved by the agency head or designee; (e) the individual has promptly complied with existing agency requirements regarding the reporting of contacts, requests, or threats from persons, groups, or organizations from a foreign country; and. If a contact satisfies all 3 conditions, then it is a foreign contact. 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. Contact with foreign nationals is one of the top reasons that security clearances are denied, suspended, or revoked. The phrase is subjective, but here are a few examples of foreign contacts you generally dont need to report. While he was stationed there he became so close to an Australian that he was named the godfather to that persons children. Change), You are commenting using your Facebook account. A substantial financial interest in a country or in any foreign-owned or operated business that could make the individual vulnerable to foreign influence. The information on this website is for general information purposes only. Here are some recent examples of foreign national scenarios Ive seen that dont require reporting under normal circumstances: I raise this issue because many well-meaning security clearance applicants over-report their foreign contacts, creating needless headaches for themselves that sometimes rise to the level of an initial security clearance denial that takes time and expense to challenge. Newer individuals to this industry are learning to practice good OPSEC and it bears reinforcing over and over. 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 . In our foreign influence cases, some common tips are as follows, depending on the type of foreign influence case: These are just a few examples of foreign influence security concerns. That's why those who may be considered to be under a foreign influence are denied security clearances. Both federal employees and government contractors may formally appeal a security clearance denial. Sometimes it can be a small administrative error. 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? Many individuals look to the Standard Form 86 (SF-86) to determine what information needs to be reported in relation to foreign contacts under section 19 when it asks in part if you have close and/or continuing contact with a foreign national with whom you, your spouse, or partner are bound by affection, influence, common interests, and/or obligations. However, SEAD 3 provides a more complete definition as it describes the requirement to report any foreign contact that involves the exchange of personal information. Cleared personnel usually have training to determine if they are being targeted for information And if so they should list that person. citizens and interests in Iraq remain at high risk for kidnapping and terrorist violence. Considering this relationship, as well as the continued communications with the applicants family and friends in Iraq, Judge Malone held that these conditions reasonably raise the security concern expressed under this adjudicative guideline and that conditions in Iraq present a heightened risk that the applicants relatives and associates in Iraq may be vulnerable to pressure or coercion as a means of compromising the applicants willingness and ability to protect sensitive U.S. information.. 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