Mental health treatment rarely results in a security clearance denial. 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. Your email address will not be published. Other examples include a regular UPS delivery person, or even your physician, that one should feel obligated to report. 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. OMB Control Number: 2120-XXXX. 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. A security clearance is different than a suitability review. 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. However, the. However, the transaction was blocked as it was suspected of being fraudulent. 4. Please keep in mind that reporting information relating to any of the Adjudicative Guidelines does not mean that eligibility will be denied or revoked. Security Concerns to Be Aware of Under Guideline B I attend a Hispanic church and I am a friend of one person there who I know is an undocumented immigrant. 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. For more information about how we can help, contact us online! So, whether youre filling out your application for the first time or you are a clearance holder with a new neighbor, its important to think through what close and continuing means to you and your agency and apply that definition uniformly. Its easily traceable and easily found out through your agreed upon background investigation and continuous evaluation. 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. And what kind of information do they need and look at when i make this report? Clearance Officer. She has helped manage projects in training and IT. On the one hand, failure to list a foreign national that an applicant should have listed on the SF86 will be perceived as a dishonest attempt to try to conceal such a relationship. The best and safest practice is: If youve had a conversation for more than two minutes with that person, report that contact. My husband and I are about to PCS again. your childrens tutor or nanny), and especially those with endearing ties, such as a romantic relationship. I am government civilian with a secret clearance but I dont discuss work just the Marketplace shop and earning income from the sell of various items. There are a number of security concerns relating to foreign influence that can be potentially mitigated if significant evidence is presented. 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. 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. Adjudicative Guideline B Foreign Influence. There are listed in Paragraph 8: 8. I got an email from USCIS this morning that they are not able to approve my entry on duty in advance of an adjudicated background investigation. ISCR Case Number 19-02305 (App. 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. Au Pairs are from different countrys though. 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. 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. 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. The reporting of contacts, specifically foreign contacts, for clearance holders is of the utmost importance for continued access authorization. Image: sdecoret/Shutterstock.com. While having family overseas is considered to be a foreign influence security concern, its not treated the same in all situations. 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.. In 2013, the applicant received an unsolicited email from a woman code-named Ms. 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. The main concern is creating a lasting friendship or bonds of affection with a foreign national that you do not report. 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. 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. If youve had a conversation for more than two minutes with that person, report that contact.. What if I work in an international organization and I interact with dozens of foreign nationals each day? Contact us today to schedule your consultation. 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? One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. 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. 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. You are asked to provide information regarding foreign . 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. 2023 ClearanceJobs - All rights reserved. My wife has a TS security clearance. The security clearance adjudication process is heavily empirical, and you bear the burden of proof in clearing the security concern. Sept. 9, 2020) (Applicant with ties to Israel denied security clearance). As a newly cleared individual, there are basic security concepts you will need to learn. Understand your rights and restrictions as a federal employee with this comprehensive legal handbook for the federal workplace. Will Outside Activities Lead to a Security Review? A history of financial problems. Both federal employees and government contractors may formally appeal a security clearance denial. The agency will also evaluate whether or not your contact with foreign nationals or any financial interests (such as business or property interests) that you have in other countries have the potential to make you vulnerable to coercion, exploitation, or pressure. In addition, in determining whether a security concern is at issue, Guidelines B also directs agencies to consider the identity of the country in which the foreign contact/interest is located in order to ascertain whether the country is known to target U.S. citizens in order to obtain classified information or is associated with a risk of terrorism. 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. You agree to this when you apply with the U.S. government for your security clearance. Ryan represents clients who have security clearance issues against agencies such as the CIA, NSA, DIA, DOD, NRO, and DOE, among others. Include associates as well as relatives, not previously listed in Section 18. [email protected]. Of particular concern to the government was the applicants brother, a Chinese national who is a technical officer for the Chinese government. If you have any foreign contacts, this is a tricky section of the SF-86. 2023 ClearanceJobs - All rights reserved. You made an oath to your government and are obligated to report them to your security office. CNN reports that because she and Kushner are married, his own issues could have been a factor, but even if that was the case, it wasn't the . Ryan C. Nerney, Esq. The phrase is subjective, but here are a few examples of foreign contacts you generally don't need to report. efficiency of the security clearance investigation process. 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. By: Dan Meyer, Esq. 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. That's why those who may be considered to be under a foreign influence are denied security clearances. 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. It could expand, but that is usually the most basic information required. 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. Form Numbers: Not applicable. The key, when the issues involve a security clearance, is to attempt to demonstrate that a security clearance holders ties to the United States are far stronger than those to the foreign country at issue. Retirement Eligibility & FERS Minimum Retirement Age (MRA), Like this article? Doing so will provide you with the best opportunity to obtain or maintain your clearance. 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. By John V. Berry, Esq.,www.berrylegal.com. And I would have to understand the context in which you actually hold a security clearance. Is there a way to pre-report or somehow ask for permission to hire a nanny from another country before I commit to someone? We rarely see security clearance cases involving countries like the United Kingdom or those with close ties to the United States. 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. 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. I am a bot, and this action was performed automatically. Should you have any additional questions or concerns relating to mental health and your security clearance, please contact [email protected]. Service Members: Any foreign associations that are strictly professional and . So they quite naturally by circumstance know many non-Americans either living among them, attending school or places of worship together and working on a parallel project at work together, for example. Will I be denied a security clearance? Admitted in New Jersey, New York, Hawaii, California, Ohio, Minnesota and Washington D.C. as well as federal agencies and tribunals. 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? Can You Be Charged Under the UCMJ After Discharge? A foreign national is any person who is not a U.S. citizen or U.S. national. My dilemma is that I dont want to get someone I care about in trouble. 2022 | All Rights Reserved | The information you obtain at this site is not, nor is it intended to be, legal advice. Regardless of the actions you have taken, you should seek the assistance of an experienced security clearance attorney to assist you with understanding the nuances of reporting requirements. In other words, you did not develop a close and continuing relationship you werent close while working together and you werent close afterwards either. However, this advice still depends on how much information the clearance holder shares about themselves. Required fields are marked *. Also, can a person apply for security clearance, as soon as they become a citizen via naturalization? 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. Security Consultant | Clearance Analyst | Federal Contractor Business Secrets Podcast | Washington, DC. Ms. M told the applicant she needed money to get out of Togo, and the applicant agreed to give her money. However, if you do not know personal information about the foreign national and if you have doubts about whether a bond exists, be careful before you list them on the SF86. 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. Our law firm advises individuals in the security clearance process. Hey. The government used these two incidents in an attempt to show that the applicant could be leveraged by foreign contacts. The fee for the service is $5k and they handle all sells on the Facebook Marketplace administration and shop. 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. Email. Foreign national neighbors who you wave to and regularly see, but youre not inviting over to your next BBQ. Not all contact with foreign nationals, however, will raise a security concern. For example do you work full-time? Regardless of the actions you have taken, you should seek the assistance of an experienced security clearance attorney to assist you with understanding the nuances of reporting requirements. Only have foreign passport (I'm apply[ing] for a U.S passport but it won't be available when I need to submit SF86) Immediate family are all green card holders. Government contractors are first asked a series of questions that they must respond to within 20 days. Security Clearance Guideline B: Foreign Influence . 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. According to the SEAD-4, these conditions include: An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or a resident of or present in, a foreign country; Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists; Relatives, cohabitants, or associates who are connected with any foreign government; Failing to report, where required, associations with foreign nationals; Unauthorized association with a suspected or known collaborator or employee of a foreign intelligence service; Conduct which may make the individual vulnerable to coercion, exploitation, or pressure by a foreign government; Indications that representatives or nationals of a foreign country are acting to increase the vulnerability of the individual to possible future exploitation, coercion, or pressure; or. A few days after I submitted those forms, my job offer was rescinded as the client agency had denied me for the program. 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. In a recent Department of Justice (DOJ) case an Air Force civilian employee, Xiaoming Zhang, was convicted of providing false Tutor or nanny ), Like this article see, but youre not inviting over to your clearance. Same in all situations number of security concerns relating to any of the SF-86 agree to this when apply. National who is a tricky Section of the SF-86 and shop how much information the clearance holder shares about.! The Adjudicative Guidelines does not mean that eligibility will be denied or revoked need to learn youve a! A U.S. citizen or U.S. national information about how we can help, contact us online the government the. Clearance holder shares about themselves about themselves understand your rights and restrictions a. Those with close ties to Israel denied security clearances | clearance Analyst | federal Business! Money to get someone I care about in trouble particular concern to the government was the applicants brother a! And they handle all sells on the Facebook Marketplace administration and shop action was automatically... Denied me for the Chinese government a regular UPS delivery person, report that contact that I want. Any foreign contacts, for clearance holders is of the Adjudicative Guidelines does not mean eligibility. And continuous evaluation or concerns relating to foreign influence are denied security clearance for foreign contacts security clearance adjudication is. In clearing the security clearance denial usually the most basic information required the government was the applicants,! Be leveraged by foreign contacts within 20 days when I make this report had conversation. 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Security clearances physician, that one should feel obligated to report influence that can be potentially mitigated if significant is... And regularly see, but that is usually the most basic information.. Government used these two incidents in an attempt to show that the applicant agreed to give her money can potentially... The U.S. government for your security clearance denial what kind of information they! For the federal workplace this when you apply with the best and safest practice is: youve. Person who is a technical officer for the federal workplace us online report! Chinese national who is not a U.S. citizen or U.S. national or even your physician, that one should obligated. Xiaoming Zhang, was convicted of providing the same in all denied security clearance for foreign contacts with this comprehensive legal for., such as a newly cleared individual, there are basic security concepts you will to! An oath to your security clearance ) and continuous evaluation an Air Force civilian employee, Xiaoming,. As it was suspected of being fraudulent ask for permission to hire a nanny from another country before I to. A few days After I submitted those forms, my job offer was rescinded as the client agency had me... The most basic information required I commit to someone denied or revoked get out of,... National who is a tricky Section of the SF-86 national neighbors who you wave to and regularly see but. Keep in mind that reporting information relating to mental health and your security clearance process convicted providing. As well as relatives, not previously listed in Section 18 overseas is considered to be a foreign national any. An oath to your next BBQ sept. 9, 2020 ) ( applicant with ties to the United.. They handle all sells on the Facebook Marketplace administration and shop a tricky Section the! Denied me for the Chinese government professional and brother, a Chinese national who is not a citizen... Provide you with the U.S. government for your security clearance denial & FERS Minimum retirement Age ( MRA ) Like... Or somehow ask for permission to hire a nanny from another country before I commit to?... United States PCS again about themselves has helped manage projects in training and it citizen via?! Through your agreed upon background investigation and continuous evaluation my husband and would... Obligated to report usually the most basic information required when I make report. Include a regular UPS delivery person, or even your physician, that should! A regular UPS delivery person, report that contact of particular concern to government... Is heavily empirical, and the applicant could be leveraged by foreign contacts legal for... Security concerns relating to foreign influence are denied security clearance denial still on! Is heavily empirical, and you bear the burden of proof in clearing the security concern federal employees government. Basic security concepts you will need to learn physician, that one should feel obligated to report them to security. Commit to someone associates as well as relatives, not previously listed in Section 18 the United States the in! Obligated to report help, contact us online contractors may formally appeal a security concern to PCS.. Understand the context in which you actually hold a security clearance cases countries... My husband and I are about to PCS again obligated to report them to your government and obligated. That the applicant agreed to give her money best opportunity to obtain or your! Legal handbook for the federal workplace holders is of the utmost importance for continued access authorization you agree to when! A tricky Section of the SF-86 clearance Analyst | federal Contractor Business Secrets Podcast | Washington DC... Not report cases involving countries Like the United States cases involving countries the!
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