denied security clearance for 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. That's why those who may be considered to be under a foreign influence are denied security clearances. Be very careful to accurately portray your contacts, dealings and travel in this section. 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. 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. Title: Certificates of Waivers under 14 CFR 91.903. 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. Can You Be Charged Under the UCMJ After Discharge? 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. 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. If you have any foreign contacts this is a tricky section of the SF-86. 2022 | All Rights Reserved | The information you obtain at this site is not, nor is it intended to be, legal advice. 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. Mr. Meyer can be reached at info@tullylegal.com or at (888) 529-4543. Doing so will provide you with the best opportunity to obtain or maintain your clearance. The applicant also married a Turkish national. 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. 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. 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. 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? 3. Guideline B of the Security Executive Agent Directive (SEAD) 4 lays out the disqualifying and mitigating conditions [] Ryan represents clients who have security clearance issues against agencies such as the CIA, NSA, DIA, DOD, NRO, and DOE, among others. 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. 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. 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. A foreign national is any person who is not a U.S. citizen or U.S. national. DSS only releases information about the status of an investigation directly to the subject of a Department of State investigation or the hiring authority. ISCR Case Number 19-01883 (Sept. 30, 2020) (Applicant with relatives in Iraq granted security clearance). Apart from these contacts, Judge Malone considered U.S.-Iraqi relations, stating that U.S. As can be seen, Guideline B of the Adjudicative Guidelines has the potential to affect many individuals. Ryan C. Nerney, Esq. 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. I am looking at having virtual assistants to in Pakistan handle my Facebook Automation account administration. Rules Changes Set Tone on Federal Employee Performance, Conduct Issues, Your FERS Annuity is Worth More Than You Think. Whether you have 1 or 150 foreign national contacts, just do your due diligence by reporting them. The applicant is a U.S. citizen and was born in Hong Kong. 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 your cousin is a foreign national, but you havent spoken with him or her since childhood, thats not a contact that requires reporting. There are listed in Paragraph 8: 8. 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. These investigations provide information for DSS to determine an applicant's or current employee's national security eligibility. 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. Deemed mentally incompetent by a health professional. SBP Open SeasonIs DFAS intentionally ignoring the NDAA 2023? 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. Ms. M disclosed to the applicant that her father had been killed and her uncle was trying to kill her to get an inheritance. A few days after I submitted those forms, my job offer was rescinded as the client agency had denied me for the program. Form Numbers: Not applicable. The information on this website is for general information purposes only. The context in which you have met these people is also important, so be sure to note how and why you met and know these contacts. 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. He has represented numerous clients in security clearance revocation proceedings and has a proven record of saving clients jobs, as well as anticipating and resolving potential future issues with their security clearances. 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. 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. 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. 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