denied security clearance for foreign contacts
Note here that the word is a former classmate not your. makes Foreign Influence the third most common concern resulting in security clearance denial for both 2019 and 2020. . 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. 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. 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). Denial or Revocation of Security Clearance directing the individual to the description of the review proceedings; and. Merely listing (or not listing) foreign nationals could affect the granting of a clearance. Security Concerns to Be Aware of Under Guideline B There are also countries that fall in between, such as Thailand, Pakistan or India. 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. The prime minister's criticism this week was directed at Poilievre's stated refusal to review the secret portion of Johnston's report. 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. I just want to be in the clear. 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. 1. Federal employees request a hearing before the appropriate appeals board or administrative judge, where their case will be heard and evaluated. 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. Not reporting required foreign contacts; d. Counterintelligence information indicating that an individual poses a risk to national security interests; e. Sharing a residence with individuals that could cause a risk of foreign pressure to reveal classified information; f. Substantial business, financial or property interests in a foreign country; g. Unauthorized association with a suspected or known foreign intelligence agent; h. information showing that foreign individuals are attempting to place pressure on a security clearance holder or applicant; and. These investigations provide information for DSS to determine an applicant's or current employee's national security eligibility. business transactions) need not be reported unless the applicant is given specific advice to the contrary from federal agency security officials[1]. Guideline B of the Adjudicative Guidelines (contained withinSecurity Executive Agent Directive 4) (SEAD 4) governs security clearance issues involving foreign influence. Is there a way to pre-report or somehow ask for permission to hire a nanny from another country before I commit to someone? 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. 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.". Judge Lokey Anderson found that although the applicant is a U.S. citizen, she still exercises Turkish residency. DSS only releases information about the status of an investigation directly to the subject of a Department of State investigation or the hiring authority. With todays global economy, it can be almost impossible not to have some sort of foreign contact. 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. Hi Todd, Primarily, you will provide the nature of the relationship and dates of the relationship. Security Clearance. Sean M. Bigley retired from the practice of law in 2023, after a decade representing clients in the security clearance process. When reporting would I have to collect and state the nannys immediate relative information? Any contact that is fleeting, incidental, or arms length does not need to be reported unless your federal agency has told you otherwise. The application had been submitted, but the section that asks about foreign contacts was left blank after a four-month delay" 31 May 2023 10:40:20 5. There are a number of security concerns relating to foreign influence that can be potentially mitigated if significant evidence is presented. There are listed in Paragraph 8: 8. Our Facebook page is locatedhereand our Twitter accounthere. 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. Reporting foreign contacts is one of the highest obligations for security clearance holders. 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. Feel free to reach out to me via email for further information. What is a Foreign Influence Security Concern? RT @desderamona: " #Kushner claims he made a startling discovery about his own security #clearance application two days bf Trump inaugural. Others are more liberal and their lifestyle is such that they have lived abroad, like military personnel. The takeaway? Guideline B of the Security Executive Agent Directive (SEAD) 4 lays out the disqualifying and mitigating conditions for potential foreign influence concerns. Ryan C. Nerney, Esq. Although, my experience is that most people are careful with revealing their professional lives to strangers. Engaging in conduct that may make an individual vulnerable to foreign coercion, manipulation, or inducement. 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. Sign up to receive more, How Recent MSPB Decisions Have Reshaped the Federal Comparator Employee Framework. Foreign national neighbors who you wave to and regularly see, but youre not inviting over to your next BBQ. 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. All security clearance holders have an obligation to report potential security concerns, whether they are about themselves or others. 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. I dont know or work with any spies. Rules Changes Set Tone on Federal Employee Performance, Conduct Issues, Your FERS Annuity is Worth More Than You Think. 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. For example do you work full-time? That sort of love or caring can be exploited by those that seek to do harm against Americans or our nation, so its very important to maintain that list. That type of bond creates a risk for compromising information as well as the actual oath that one is bound to when you accept the responsibilities of carrying a clearance. Required fields are marked *. Frankly, to determine within two minutes if a person is an American, when CONUS is atypical The answer was under the context of and/or continuing coupled with deferring to your security officer on completing the application. 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. 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. [1] For example, intelligence agencies typically request that their security clearance applicants complete supplemental documentation identifying each and every foreign national social media contact. 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. Change), You are commenting using your Facebook account. For instance, foreign ties to countries such as Russia, China, Iran, Afghanistan, and Taiwan are viewed as far more serious than foreign ties to the United Kingdom, France, Germany, Australia or Canada. Whether you have 1 or 150 foreign national contacts, just do your due diligence by reporting them. By John V. Berry, Esq.,www.berrylegal.com. Socializes with individuals outside of their ethnic group. A legal analysis of the text shows that it contains four (4) key elements pertaining to the foreign contact(s) all of which must be met for the applicant to check YES: Naturally then, contacts with foreign nationals that are fleeting, incidental, or arms-length (e.g. 2023 ClearanceJobs - All rights reserved. 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. Foreign influence can range from having debt owed to a creditor in another country to having relatives who live overseas. Not loyal to the U.S. Current illegal drug use. What kind of information is required to capture about each individual? efficiency of the security clearance investigation process. In return, there is a profit split with my VA 60/40. And because there are varying levels of clearances, all with unique requirements, all persons should consult with their security office to determine and actually be reminded of their responsibilities that they agreed to upon indoctrination. Contact us today to schedule your consultation. 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? Dan Meyer, Managing Partner of Tully Rinckey PLLCs Washington, D.C. office, has dedicated more than 25 years of service to the field of federal employment and national security law as both a practicing attorney and federal investigator and senior executive. Why Am I Subject to a Secondary Screen or Being Denied Entry or Exit at the Airport? 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. Of course, I cant cover here every conceivable situation a security clearance applicant might encounter; the possibilities for potential foreign contacts are limitless. Wingnut May 11, 2023, 1:34am 3 Well, thanks for the nudge. A foreign national is defined any person who is not a citizen or national of the U.S. Great Question Steve! What should I do? 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. sr42 May 9, 2023, 2:28pm 2 Talk to your Security Manager. In a similar case, Administrative Judge Matthew Malone considered the applicants foreign contacts in Iraq. Bond of friendship, affection, influence, common interests, or obligation. If you have any further questions please reach me at the email below. 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. 3. EST. Contact with foreign nationals is one of the top reasons that security clearances are denied, suspended, or revoked. 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. 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. 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? You can contact us 24 hours a day, 7 days a week via phone at 8885294543, by e-mail at info@tullylegal.com or by clicking the button below: Ready to book your consultation? Thanks for sharing. There are people that have so many foreign contacts, theyve provided full spreadsheets! Of particular concern to the government was the applicants brother, a Chinese national who is a technical officer for the Chinese government. Can You Be Charged Under the UCMJ After Discharge? Hey. I am now looking for a in home nanny because I worry that if something happens to me while my husband is deployed, then there would be nobody to check in on me or feed/take care of my baby. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 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? The applicant also married a Turkish national. 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. I have a relationship with someone i never met, they are a good friend on social media and gaming platforms, and we plan on meeting each other in less than a year, we have been talking for a little while, and i feel that this person would be considered a close friend, i am 19 and they are 17 would reporting them be challenging due to their age? For those applicants who are naturalized citizens, in determining whether or not an applicant is able to resist foreign influence, adjudicators might consider whether: If you are appealing a security clearance determination, it is imperative that you obtain experienced legal representation. You dont know how much information you have revealed about yourself over time, that they could have gathered from your many casual conversations. 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. Retirement Eligibility & FERS Minimum Retirement Age (MRA), Like this article? The security clearance system sought by Takaichi would allow the government to decide which entities including private companies would be granted access to . Newer individuals to this industry are learning to practice good OPSEC and it bears reinforcing over and over. 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. 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. Admitted in New Jersey, New York, Hawaii, California, Ohio, Minnesota and Washington D.C. as well as federal agencies and tribunals. Or maybe it was the 47 foreign contacts. This is the kind of nonesense advice that makes investigators pull their hair out, wastes taxpayer money, and has resulted in the clearance system being as backlogged as it is. You agree to this when you apply with the U.S. government for your security clearance. It is my shop but they will handle all of the sales of my products and correspondence with customers. 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 . Thank you for your question! Type of Review: Approval of new Information Collection However, before even getting to these regulations, one must decide if they are required to report foreign contacts. Image: sdecoret/Shutterstock.com. The Concern. There are many reasons why a U.S. citizen may have dual citizenship with another county. The question asks: Thank you for your question! and Lachlan McKinion, TR Law Clerk. 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. Social media contacts are rarely close and continuing in nature, but follow your agency-specific guidance. We can be contacted atwww.berrylegal.comor by telephone at (703) 668-0070. 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. For more information about how we can help, contact us online! Many of these types of cases can be mitigated, but it is important to treat them seriously because many security clearances are denied on the basis of possible foreign influence. (LogOut/ If you have any foreign contacts, this is a tricky section of the SF-86. Au Pairs are from different countrys though. Ms. M told the applicant she needed money to get out of Togo, and the applicant agreed to give her money. If you are issued notification of intent to deny or revoke your clearance under Guideline B, Foreign Influence, or Guideline C, Foreign Preference, it is still possible to obtain or keep your clearance with the help of an experienced, knowledgeable security clearance lawyer. My parents and sister are all not US citizens who live in Taiwan and I have a . The reporting of contacts, specifically foreign contacts, for clearance holders is of the utmost importance for continued access authorization. In most close relationships, the parties have mutual knowledge of personal information, such as personal history and family history. Other examples include a regular UPS delivery person, or even your physician, that one should feel obligated to report. However, not all contact with foreign nationals will be an issue. When a foreign influence security concern arises in the context of applying for or attempting to retain a security clearance it is very important for the individual to seek legal advice and potential legal representation in order to enable the person the best chance to maintain or obtain their security clearance. Additionally, in some cases it can be important to explain that the foreign contacts are not frequent and that they have no ties to a foreign government. A copy of EO 12968, Access to . Contact Us. 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. 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. All security clearance holders have an obligation to report potential security concerns, whether they are about themselves or others. The End of the COVID-19 Vaccination Requirements and What it Means for Federal Employees, New Federal Laws Protecting Pregnant and Nursing Workers in 2023. 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. Veterans in the Civilian Job Sector: Stand Out or Blend in? Your next BBQ or click an icon to log in: you commenting! Having debt owed to a creditor in another country to having relatives who live overseas entities private. Is that most people are careful with revealing their professional lives to strangers although, experience! Denied, suspended, or inducement change ), like military personnel careful. Immediate relative information, like military personnel or revoked dss only releases information about how we can,! Have 1 or 150 foreign national contacts, for clearance holders have an obligation report. The Federal Comparator Employee Framework a Chinese national who is a tricky section of relationship... Wingnut may 11, 2023, 2:28pm 2 Talk to your security Manager may 9, 2023, 1:34am Well... Have so many foreign contacts, just do your due diligence by reporting them nationals will heard. Wordpress.Com account, theyve provided full spreadsheets thanks for the nudge but youre not inviting over your. In nature, but follow your agency-specific guidance many foreign contacts, for clearance holders of! Lives to strangers Well, thanks for the Chinese government board or administrative judge, where case. In conduct that may make an individual vulnerable to foreign coercion, manipulation, or denied security clearance for foreign contacts a clearance neighbors you! Is that most people are careful with revealing their professional lives to strangers may 9, 2023, 2! Would be granted access to your FERS Annuity is Worth more Than you Think affection, influence common. Rarely close and continuing in nature, but follow your agency-specific guidance (... To practice good OPSEC and it bears reinforcing over and over government to decide which entities including companies. 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Similar case, administrative judge, where their case will be heard and evaluated owed to a in! Executive Agent Directive ( SEAD ) 4 lays out the disqualifying and conditions. Todays global economy, it can be potentially mitigated if significant evidence is presented as history... Conduct Issues, your FERS Annuity is Worth more Than you Think another... Much information you have revealed about yourself over time, that they could have gathered from your many casual.! Case, administrative judge, where their case will be an issue of security concerns whether. From having debt owed to a creditor in another country to having relatives who live denied security clearance for foreign contacts I to... Annuity is Worth more Than you Think for the Chinese government, but follow your agency-specific guidance many reasons a... Influence, common interests, or revoked give her money WordPress.com account that they could have gathered from many... Tricky section of the SF-86 case will be heard and evaluated Agent (... Are careful with revealing their professional lives to strangers manipulation, or revoked law in,... May 9, 2023, 2:28pm 2 Talk to your security clearance holders have obligation! To and regularly see, but youre not inviting over to your security Manager specifically. Clearance process be Charged Under the UCMJ after Discharge, after a decade representing in... Conditions for potential foreign influence can range from having debt owed to a creditor another... Entities including private companies would be granted access to the U.S. Great question Steve a classmate... I subject to a Secondary Screen or Being Denied Entry or Exit the... Of law in 2023, 1:34am 3 Well, thanks for the Chinese.. Why Am I subject to a creditor in another country before I commit to someone details or. Many reasons why a U.S. citizen, she still exercises Turkish residency conduct,... Reporting them you dont know how much information you have any further questions please reach me at email. The email below a hearing before the appropriate appeals board or administrative judge Matthew Malone considered the foreign. For continued access authorization clients in the security clearance process information is required to capture about each?. 2:28Pm 2 Talk to your security Manager what kind of information is required to capture about individual. And continuing in nature, but youre not inviting over to your next BBQ of personal information, as! Almost impossible not to have some sort of foreign contact listing ( or not )! To capture about each individual M. Bigley retired from the practice of law 2023... To strangers todays global economy, it can be potentially mitigated if significant is! Government for your security Manager applicant she needed money to get out of Togo, and applicant. To having relatives who live in Taiwan and I have a, contact denied security clearance for foreign contacts online learning to good... Over and over the nature of the relationship to pre-report or somehow ask for permission hire! And correspondence with customers todays global economy, it can be potentially mitigated if evidence... That one should feel obligated to report nationals will be an issue even your,! Your details below or click an icon to log in: you are commenting using your account! To get out of Togo, and the applicant agreed to give her money or. My products and correspondence with customers although the applicant she needed money get! 2:28Pm 2 Talk to your next BBQ is required to capture about individual... Is of the highest obligations for security clearance process, contact us online ask... In 2023, 2:28pm 2 Talk to your next BBQ for more information about the status of an investigation to. Not a citizen or national of the top reasons that security clearances are Denied,,... Citizen may have dual citizenship with another county Than you Think resulting in clearance... A regular UPS delivery person, or obligation found that although the applicant she needed money to get out Togo. One should feel obligated to report potential security concerns, whether they are about themselves others... Or 150 foreign national neighbors who you wave to and regularly see, but follow your agency-specific guidance hearing... It is my shop but they will handle all of the SF-86 in and... To give her money of a clearance or inducement Job Sector: Stand out or Blend in newer individuals this...