and Lachlan McKinion, TR Law Clerk. Be active in your local community in the United States, have proof of community building, and express your ethnic, as opposed to past national, pride culturally here in the United States. The security clearance system sought by Takaichi would allow the government to decide which entities including private companies would be granted access to . 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. 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. Former coworkers who you didnt socialize with after work. Contacts with foreign family members, friends, colleagues or others that create the potential for potential coercion; b. [1] For example, intelligence agencies typically request that their security clearance applicants complete supplemental documentation identifying each and every foreign national social media contact. Moreover, whether or not a bond of affection, influence, common interest, and/or obligation exists is entirely dependent on how the applicant or their spouse or cohabitant feels about the relationship. A foreign contact that lives in the states versus one that lives overseas could potentially pose the same threat if they are in the life of a person that has a security clearance. Denial or Revocation of Security Clearance directing the individual to the description of the review proceedings; and. A foreign national is any person who is not a U.S. citizen or U.S. national. Choosing not to report a foreign contact that you have close or continuing ties with puts your security clearance at risk and therefore your livelihood and perhaps even your freedom.
If you have any foreign contacts this is a tricky section of the SF-86. 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. 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. You agree to this when you apply with the U.S. government for your security clearance. 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.
The applicant is a U.S. citizen and was born in Hong Kong. We rarely see security clearance cases involving countries like the United Kingdom or those with close ties to the United States. There are many different situations that could flag a clearance application for security concerns, and may even disqualify the applicant. i. engaging in conduct outside the United States that may subject one to foreign manipulation. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Au Pairs are from different countrys though. 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. 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. So it is very important to report them because we care for those in our family that are close to us and our human nature is to protect them. Posted May 26, 2023, 6:40PM EDT. However, before even getting to these regulations, one must decide if they are required to report foreign contacts. 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. One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. 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. 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. There are also countries that fall in between, such as Thailand, Pakistan or India. My dilemma is that I dont want to get someone I care about in trouble. 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? Section 19-20 (Foreign Contacts and Activities) Foreign influence is one of the top reasons security clearances are denied. The DNI serves in the executive role for the entire Executive branchs personnel security program. 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. Image: Rob Wilson/Shutterstock.com, Like this article? 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. ISCR Case Number 19-01883 (Sept. 30, 2020) (Applicant with relatives in Iraq granted security clearance). Maintaining a list of them with the dates of contact is really helpful for your reinvestigation 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. The reporting of contacts, specifically foreign contacts, for clearance holders is of the utmost importance for continued access authorization. U.S. Jewish Groups Back Obama's Gun Control Initiatives 'Israel Isn't a Brand U.S. Jews Want to Identify With' American Jew Among 6 Killed in Afghanistan Sept. 9, 2020) (Applicant with ties to Israel denied security clearance). 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. 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. I have not hired their cheap VA work yet. Reporting periodic regular relationships with foreign nationals is required, however minor, such as a social media friend only. 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. 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. Foreign Contact Conditions Close or continuing with you, your spouse, or cohabitant. The best and safest practice is: If youve had a conversation for more than two minutes with that person, report that contact. Change), You are commenting using your Facebook account. It is my shop but they will handle all of the sales of my products and correspondence with customers. Military one source recommended that I go through Au Pair service to get an in home nanny as it fits within our limited budget. 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. Simply because one has been born in another country or have relatives abroad does not mean that they cannot hold a security clearance. In a recent Department of Justice (DOJ) case an Air Force civilian employee, Xiaoming Zhang, was convicted of providing false 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. How Foreign Influence Can Affect Your Security Clearance, Contacts with foreign relatives, colleagues, or friends, Connections with foreign groups or governments with interests that may conflict with those of the federal government, Substantial business or financial interests in a foreign country, Unauthorized associated with a known or suspected foreign intelligence agent, Sharing a residence with individuals with ties to a foreign country. 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.. 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. Can You Be Charged Under the UCMJ After Discharge? The continuing association must be just thatcontinuingand be multiple and/or ongoing. You agree to this when you apply with the U.S. government for your security clearance.
The point is that you have a connection, and having that strong connection could potentially have an impact on your decision-making, by virtue of wanting to care for or protect that loved one. We can be contacted atwww.berrylegal.comor by telephone at (703) 668-0070. Engaging in conduct that may make an individual vulnerable to foreign coercion, manipulation, or inducement. Our law firm advises individuals in the security clearance process. 4. Takaichi denied that Japan's recent curbs on chip-making equipment targeted China. A security clearance is different than a suitability review. As a newly cleared individual, there are basic security concepts you will need to learn. So hopefully youll get to keep your hair and know that you are doing your part to help our nation as tedious as it might be. A foreign exchange student who applicants family hosted ten (10) years ago and with whom Applicants parents continue to exchange annual Christmas cards and occasional online greetings, but with whom applicant has not maintained any relationship. We invite you to contact us and welcome your calls, letters, and e-mail. 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? Feel free to reach out to me via email for further information. Its easily traceable and easily found out through your agreed upon background investigation and continuous evaluation. 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. 147.4, Guideline B, Foreign Influence.
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. In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. She has helped manage projects in training and IT. In 2013, the applicant received an unsolicited email from a woman code-named Ms. Your email address will not be published. efficiency of the security clearance investigation process. Your Potential for Foreign Influence When you hold a security clearance as a federal employee or contractor, your allegiance to the United States must be unquestionable. Judge Lokey Anderson found that although the applicant is a U.S. citizen, she still exercises Turkish residency. Why Am I Subject to a Secondary Screen or Being Denied Entry or Exit at the Airport? Please keep in mind that reporting information relating to any of the Adjudicative Guidelines does not mean that eligibility will be denied or revoked. Contact Us The Diplomatic Security Service (DSS) conducts personnel security background investigations for the Department of State and other federal agencies. There are a number of security concerns relating to foreign influence that can be potentially mitigated if significant evidence is presented.
ISCR Case Number 20-00307(Oct. 14, 2020) (Applicant with family ties to Taiwan and family property denied security clearance based on possible foreign influence). A copy of EO 12968, Access to . You are asked to provide information regarding foreign . Situations that present the greatest concern are those where security clearance holders relatives are living in a region experiencing conflict or are citizens of an adversary like Russia or China.
3. 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. The fee for the service is $5k and they handle all sells on the Facebook Marketplace administration and shop. 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. Jillian Hamilton has worked in a variety of Program Management roles for multiple Federal Government contractors.
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. In accordance with Security Executive Agency Directive (SEAD) 3 all security clearance holders are required to report suspicious contact with foreign nationals, especially if they are associated with a foreign government. 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. What should I do? Great information. The Value of Sick Leave Before and at Retirement, The Gift of Annual Leave for Federal Employees, TSP Millionaire? I am a bot, and this action was performed automatically. 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. 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. 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, The government is concerned that relationships with foreign nationals may leave an individual vulnerable to coercion, exploitation or pressure. Mr. Meyer can be reached at info@tullylegal.com or at (888) 529-4543. Not loyal to the U.S. Current illegal drug use. Of particular concern to the government was the applicants brother, a Chinese national who is a technical officer for the Chinese government. Whether you have 1 or 150 foreign national contacts, just do your due diligence by reporting them. 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 . Dishonorable discharge from the military or revoked security clearance. What Happens to Your Federal Employee Benefits in Divorce? Sean M. Bigley retired from the practice of law in 2023, after a decade representing clients in the security clearance process. The applicant applied for U.S. citizenship as soon as they became eligible; Expresses an interest to permanently reside in the U.S.; Participates in their local community; and. There are listed in Paragraph 8: 8.
Rules Changes Set Tone on Federal Employee Performance, Conduct Issues, Your FERS Annuity is Worth More Than You Think.
Many applicants have a tendency to overreport foreign contacts. 1.
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. case or situation. While too many different types of foreign influence issues exist to list them all here, they can include: a.
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