The key here is that your communication was about business or light conversation in passing in the hall, and you didnt socialize outside of work. Any denied, suspended, or revoked clearances or access authorizations However, the transaction was blocked as it was suspected of being fraudulent. 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. This article is intended as general information only and should not be construed as legal advice. As far as the federal government is concerned and understandably so one of its biggest threats is foreign influence affecting the people who work for it. One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. 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 19-01510 (Mar. 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. 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. We rarely see security clearance cases involving countries like the United Kingdom or those with close ties to the United States.
If you are going through a divorce, you already have a lot of things on your mind. Au Pairs are from different countrys though. It is my shop but they will handle all of the sales of my products and correspondence with customers.

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. When discussing adjudicative guidelines for evaluating security clearances, Security Executive Agent Directive (SEAD) 4 outlines the concerns around Guideline B as follows: 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. While he was stationed there he became so close to an Australian that he was named the godfather to that persons children. Image: sdecoret/Shutterstock.com. Mental health treatment rarely results in a security clearance denial. Foreign contacts are not just limited to those met outside of the continental United States. Military one source recommended that I go through Au Pair service to get an in home nanny as it fits within our limited budget. The individual should hire a security clearance lawyer for advice or representation in this type of case. Similarly, not even all distant relatives will meet the four-pronged test identified above. In return, there is a profit split with my VA 60/40. Sometimes it can be a small administrative error. OTTAWA NDP Leader Jagmeet Singh is asking the prime minister to allow more members of his party to be briefed on foreign interference attempts, after the leaders of the Conservatives and Bloc Qubcois declined to obtain the required security clearance. Ryan C. Nerney, Esq. In determining whether your contact will raise a national security issue, the agency will evaluate whether or not your contact is close and continuing as well as whether or not the foreign national is an individual with whom you are bound by affection, influence, common interests, and/or obligation. See 32 C.F.R. 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. A foreign national is defined any person who is not a citizen or national of the U.S. 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. However, many who apply are denied a security clearance because of a variety of concerns, including what is known as foreign influence. In this article, we will discuss one of the common reasons for the rejection of a security clearance application, and the facts you need to understand Guideline B: Foreign Influence of the Director of National Intelligences Adjudicative Guidelines. Since that person is not an American, he is reported every year even though they may only see each other every four or five years because the family has to travel to Australia to see him, and he is no longer active duty there. Foreign Contacts and Activities - Section 19-20 Foreign influence is one of the top reasons security clearances are denied. Security clearance adjudicators work to attempt to limit the U.S. Governments potential exposure to potential foreign influence concerns. 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. Unresolved issues involving Foreign Influence is one of the most common grounds for denial of a security clearance. It is important to note that a security clearance is a privilege, not a right, and thus a person who holds a security clearance must comply with all regulations, including reporting requirements. Guideline B of the Security Executive Agent Directive (SEAD) 4 lays out the disqualifying and mitigating conditions [] Ms. H also requested money from the applicant, to which he obliged in the amount of $10,000. In many cases, the prompt reporting of foreign contacts acts as mitigation in and of itself for not only compliance with reporting requirements but also for doing so immediately, which shows adjudicators and/or investigators you understand the seriousness of these types of requirements. 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. The regulations, however, do not define what constitutes close contact. 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. She has helped manage projects in training and IT. 2023 ClearanceJobs - All rights reserved. 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. Where Do You Draw the Line with Foreign Influence, Preference? Could i be forced to stop talking to this person? Great information. Not loyal to the U.S. Current illegal drug use. The DNI serves in the executive role for the entire Executive branchs personnel security program. 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 Understand your rights and restrictions as a federal employee with this comprehensive legal handbook for the federal workplace. 2022 | All Rights Reserved | The information you obtain at this site is not, nor is it intended to be, legal advice. The reporting of contacts, specifically foreign contacts, for clearance holders is of the utmost importance for continued access authorization. 3. I am a bot, and this action was performed automatically. I know someone in the Air Force who was stationed in Australia. Contact with foreign nationals is one of the top reasons that security clearances are denied, suspended, or revoked. So thats a true bond of affection that is almost like a family member. Your email address will not be published. A copy of EO 12968, Access to . Ryan represents clients who have security clearance issues against agencies such as the CIA, NSA, DIA, DOD, NRO, and DOE, among others. However, not all contact with foreign nationals will be an issue. I am looking at having virtual assistants to in Pakistan handle my Facebook Automation account administration. I dont know or work with any spies. Foreign national neighbors who you wave to and regularly see, but youre not inviting over to your next BBQ. 3. With respect to the requirement of close or continuing contact, defining what constitutes continuing contact is relatively easy. Contact me at[emailprotected], well let me ask this? A few days after I submitted those forms, my job offer was rescinded as the client agency had denied me for the program. 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. 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? 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. 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. All holders of a security clearance must keep their security office informed about anything that might have a bearing on their continued eligibility for access to classified information or. 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. 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. 3, 2020) (Applicant has mitigated the security concerns raised by his family connections to Iraq and his delinquent debts). In this case, the applicants mother and three sisters are citizens and residents of Iraq, and the applicants four brothers serve in the Kurdish military forces in Iraq. It could expand, but that is usually the most basic information required. is the Managing Partner of the Ladera Ranch office of Tully Rinckey PLLC, where he focuses his practice primarily on national security law, with experience in federal employment and military matters. Jillian Hamilton has worked in a variety of Program Management roles for multiple Federal Government contractors. A handful of former classmates from college, where the applicant maintains only a passive social media relationship, hasnt actually interacted (whether in person or online) with the former classmates in years, and never established a relationship with these particular classmates beyond that of perfunctory daily greetings while in classes together. There are many reasons why a U.S. citizen may have dual citizenship with another county. The defining factor on reporting foreign contacts to your security officer is solely based on IF you have a security clearance. Also, can a person apply for security clearance, as soon as they become a citizen via naturalization? Foreign Contact Conditions Close or continuing with you, your spouse, or cohabitant. 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. It is required to report all close and/or continuous relationships (e.g.

Please do not send any confidential information until such time as an attorney-client relationship has been established. 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. 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. 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. Include associates as well as relatives, not previously listed in Section 18. A history of financial problems. Usually, if foreign influence concerns arise, it is very important to demonstrate that the ties are not as bad as they might seem, and that the individuals investments in the United States are far more numerous or valuable than those abroad. However, the more recent additional of the term common interests in this phrase was intended to broaden those relationships subject to coverage. Service Members: Any foreign associations that are strictly professional and . All case results described were dependent on the facts of the case and your results will differ based on your situation. 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. 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. If you are denied a security clearance or yours is revoked because of concerns regarding foreign influence, you may be able to appeal the decision. Doing so will provide you with the best opportunity to obtain or maintain your clearance. Federal employees request a hearing before the appropriate appeals board or administrative judge, where their case will be heard and evaluated. 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). 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. 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. 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.

The takeaway? SecurityClearance@state.gov. 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. Before I hire or agree to move forward, is this forbidden? In 2018, the applicant received another unsolicited email from a woman code-named Ms. 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. Click Here For a No Obligation, Always Confidential Consultation. Top reasons that security clearances are denied my shop but they will handle of. 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