Security clearance eligibility and working for foreign companies

I've recently received many emails from people who are curious about security clearances and working for foreign owned companies. Though the volume of those questions have increased, I guess the topic is no longer surprising in content as it could have been many years ago.

Many years ago, we might automatically assume that working for a foreign owned company would be indicative of highly questionable practices, but maybe not any longer. 

Things have changed. More foreign owned companies are opening doors in the U.S. Internet opportunities open doors to employment. Working for foreign companies provides new opportunities regardless of boarders such as: investment, teleworking, and creative content services that allow artists to bid on customer jobs have made this more of a possibility. 

But the questions have been pretty vague and hard to answer. 

• Am I allowed to work for a foreign company if I have a security clearance?
• Will I be able to get a security clearance if I work for a foreign company?

The questions are vague because there are so many scenarios that the questions can reflect. Some scenarios include:

• You are currently employed by a cleared defense contractor and have a security clearance and want to quit and work for a foreign owned company, and would one day like to return to working with a clearance. This scenario is very risky as you could lose out on future employment, but can be mitigated.
• You do not have a security clearance, but may one day like to work on classified contracts in some capacity. However you want to apply to work for a foreign owned company. This scenario is less risky because you have nothing to lose other than the possibility of getting a clearance "one day".

There are many other scenarios and reasons describable and all are different and my answer would be, "It depends on the scenario". Additionally, it may depend on the security clearance level such as SECRET, TOP SECRET SCI, etc.

The bottom line is, can you be entrusted with national secrets because of  employment with a foreign owned company? Having a security clearance is a very important responsibility. The security clearance holder is responsible for protecting classified information and supporting the security program to protect that classified data. 

This opportunity is based on the adjudication process. Security clearance award is provided after the adjudication of the investigation results. Allegiance to the United States and Foreign Influence are two very important considerations that would have to be addressed prior to awarding the security clearance.

There are many ways to adjudicate risks under Allegiance to the United States, Foreign Influence and other adjudicative criteria. There are no automatic answers to these questions since it depends on the situation. Get all the facts prior to taking on such a job, determine your risk level, and develop a strategy to mitigate the risk to your security clearance. 

If you have questions about this or other security clearance topics, visit my consulting site https://www.jeffreywbennett.com or email me at editor@redbikepublishing.com 

Join our reader list for more articles.

 Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing . He regularly consults, presents security training, and recommends export compliance and intellectual property protection countermeasures. 

Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances"

"How to Get U.S. Government Contracts and Classified Work"

"ISP(R) and ISOC Master Exam Prep"

 and training:  

NISPOM Fundamentals/FSO Training

Cleared Employee Training

Jeff is available to consult. Consulting Website"

Frequently Asked Security Clearance Questions

Opportunities abound in the defense industry where every job discipline requires a security clearance to perform on the contracts. Classified contracts require services that include staffing, janitorial, graphic design, accounting, finance and more. Technical experience is needed as well with mechanics, software designers, engineers, program managers and their support.

For the unfamiliar the security clearance process may seem daunting. The lack of information of how to get started, the required forms, interviews, waiting, and expectations can make the entire experience out of the individual's control. However, there is a well-established and efficient process that the government undertakes and you can be in as much control of the experience as possible.

A Little Background

Whether or not in college, gainfully employed outside of the defense industry, or starting a business, as the reader, you are interested in gaining a security clearance and starting a profession with the more than 13,000 Cleared Defense Contractors (CDC) making up the industrial base. Though you may be aware of the opporutnities, you may be wondering how to get started and I usually get asked the following question:

How do I get a clearance so I can get a classified job?
It's a great question, but it can't be answered easily as asked. The clearance comes after the job requirements. The question is often asked and in the form asked, skips right by the most fundamental question of whether or not an individual qualifies for a clearance and what is the process for getting a clearance. I will attempt to answer the first question by providing answers to the other two questions:

Can I get a security clearance?
Yes, the security clearance process is open to U.S. Citizens. If after a thorough investigation you are deemed trustworthy, you may be granted a question. However, not just anyone can apply; see the next question.

How do I get the clearance?
By applying for a job that requires a security clearance or starting your own company and winning classified contracts.

How long does it take to get a clearance?
This could take a few months to over a year depending on the investigation and adjudication of findings. The investigation is very in depth and depends a lot on information the applicant proides on the SF-86 application.

There is so much more, so keep following. We have an eBook available that can assist. Just register for our newsletter full of security clearance articles and advice and we'll send it. Here's the link: http://www.redbikepublishing.com/contact/

Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing.
He is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training"

He regularly consults, presents security training, and recommends export compliance and intellectual property protection countermeasures. He is an accomplished writer of non-fiction books, novels and periodicals. 

An Elite Club: The Special Access Program

As published by clearancejobs.com 

http://news.clearancejobs.com/2013/04/04/an-elite-club-the-special-access-program/

A Special Access Program (SAP) is established to control access, distribution, and provide protection for sensitive classified information beyond that normally required. This is a high state of enforced need-to-know, and only a minimum number of cleared employees are given access to SAP information. For example, those with SAP access have clearances at the SECRET and TOP SECRET levels. Conversely, not all those cleared for SECRET and TOP SECRET have access to SAP information.

An authority grants access to SAPs based on need-to-know and eligibility for SECRET, TOP SECRET or SCI security clearances. What makes SAP access unique is the need-to-know. To better understand the concept, consider school clubs. Schools provide opportunities for exceptional students to join any number of available clubs including running, robotics, chess, and debate. Though these clubs are unique in themselves, they have one determining and similar qualification: membership is open only to those enrolled in the particular school.

Not all children can attend the school of their choice. Instead, they must meet fundamental requirements such as, be zoned for that school, pass tests and continue to be promoted to the next grade. Once vetted, student body members are eligible for invitation into a club meeting their skills and qualifications. It isn’t until someone approves their entry into an organization above and beyond the school’s primary function that they obtain that access.

These students are then scouted for certain abilities based on records already established from enrollment into the school system. After meeting some simple pre-requisites, they become part of the club and have access to meetings, events and projects occurring during normally-scheduled class time.

Similarly, the National Industrial Security Program Operating Manual (NISPOM) states that SAP access is a determination made by the granting authority (club sponsor). In other words, all employees cleared to the SECRET and TOP SECRET levels are fundamentally eligible for SAP access. All they need is an invitation by someone who has determined their need-to-know.

Suitability and loyalty are the most predominant criteria – and for good reason. Those with SAP access are entrusted with protecting highly sensitive information. So, candidates who are proven suitable and loyal are then:

1. Nominated by someone with need to know;

2. In possession of or processed for a SECRET or TOP SECRET security clearance with investigation completed within the last 5 years;

3. Awarded a favorable clearance adjudication based on the current Standard Form 86 (SF-86), “Questionnaire for National Security Positions” submitted for within the past 12 months. If the SF-86 is older than 12 months, it can either be updated using the original form or a current SF 86C, “Standard Form 86 Certification”; (Sometimes a pen and ink change is sufficient, so keep those completed SF 86s in a safe place. You may need them again.)

4. Setup to take a random CI-scope polygraph examination, if required;

5. Required to sign a DoD-approved SAP program indoctrination and non-disclosure agreement. This agreement ensures the applicant:

· Accepts all obligations of protecting classified information;

· Acknowledges receipt of security indoctrination. The indoctrination hi-lights obligations and future obligations and enforcing access and need to know;

· Is advised of implications to national security in the event of unauthorized disclosure, unauthorized retention, or negligent handling of SAP information to those without access and need to know;

· Submits all writings for security review if they contain any SAP information or descriptions of activities related to SAP information. If the case, then the US Government responds to submission of material within a reasonable time, not to exceed 30 working days from date of receipt;

· Understands that personal repercussions for breaches of the agreement can result in termination of access, removal from a position of special confidence and trust and that the United States has the right to prosecute for any statutory violation;

· Accepts that all information based on access will remain the property of the United States Government; and

· Understands that all conditions and obligations imposed by the Agreement apply when access is granted and for all time afterward.

So, what about those without a clearance? If an uncleared employee possesses skills that can be useful on a SAP, they can be provided access. This begins with the successful adjudication of a clearance based on the described background investigation. This is completely up to the granting authority. Additionally, it is possible for cleared employees with interim clearances and even foreign nationals to be granted SAP access based on the needs of the program and the granting authority.

The SAP access determination isn’t very hard to understand if you keep it in perspective. There are no additional investigations needed beyond what is required for SECRET, TOP SECRET and Sensitive Compartmented Information. This is the result of reciprocal investigation requirements established by executive orders. Once cleared, a validated need to know is the final requirement.

Just keep the example of the school club in mind. Not everyone in school can become part of the club. Though only those attending that school are eligible, not all students can become members. Membership is open only those who have expressed aptitude and interest, then they are vetted to the organization. Similarly, to have access to SAP information a candidate must have an investigation adjudicated for SECRET and TOP SECRET clearances. But not all employees cleared to those levels will have access, only those who are invited and allowed by the granting authority.

Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing . He regularly consults, presents security training, and recommends export compliance and intellectual property protection countermeasures. He is an accomplished writer of non-fiction books, novels and periodicals. Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training".

What Happens When Security Clearances are Denied

When an employee or potential employee is considered for a security clearance, the employer or sponsor requests a security clearance investigation. An investigation is performed to look into a person’s past and present to gather information. This information is evaluated to determine if the subject can be entrusted with sensitive information. CONFIDENTIAL and SECRET security clearances result in favorable determinations based on a National Agency Check with Law and Credit investigation and for TOP SECRET, the Single Scope Background Investigation.

The security clearance request process is finalized during the adjudication period. Here, decisions are made whether or not to grant a clearance based on investigation results as related to the whole person concept and in the best interest of national security. The adjudicator evaluates results to determine whether or not an applicant is suited to protect classified information.

There are 13 categories of behavior that could prevent a person from getting a clearance or prevent the continuance of a current clearance. Simply, the adjudicator evaluates at the investigation results and makes a decision. If there are indications that it is NOT in the best interest of national security grant a clearance, then a clearance will be denied or revoked.

Sometimes mistakes happen and investigations don’t provide a complete “whole person” profile. So, what can a person do when they have been denied or has had a security clearance revoked?

Executive Order 10865 provides a process that allows an employee the opportunity to appeal or turn around unfavorable security clearance adjudication. Where there was no earlier process or consistency in policy, this order provided standards for addressing security clearance denials or revocations.

Going back to the decision making stage, the adjudicator reviews the investigation and focuses on thirteen criteria. The goal is to determine whether or not an applicant can be trustworthy to adequately protect classified information. Here are the 13 topics:

1. Allegiance to the United States
2. Foreign influence
3.  Foreign preference
4. Sexual behavior
5. Personal conduct
6. Financial considerations
7. Alcohol consumption
8. Drug involvement
9. Emotional, mental, and personality disorders
10. Criminal conduct
11. Security violations
12. Outside activities
13.  Misuse of Information Technology Systems

The adjudicator will consider the whole person concept. In other words, if the subject has violated one or more of the criteria, they may still be able to get their clearance. The adjudicator considers all mitigating circumstances before making a final decision. The circumstances include the following and are compared to each of the 13 topics:

• The nature, extent, and seriousness of the conduct
• The circumstances surrounding the conduct, to include knowledgeable participation
• The frequency and the time elapsed since the conduct
• The individual's age and maturity at the time of the conduct
• The willingness to participate

So, what happens when the adjudicator considers all available information and denies or revokes a clearance?

The applicant can appeal. Perhaps all the information wasn’t provided, the investigation missed some mitigating circumstances. The applicant did not provide enough information or other oversight or omission occurred. If so, the applicant has another chance to present their case.

The process allows the applicant to go to court or have an administrative judge make a decision. In both cases, the adjudicator and applicant can present their cases for a judge’s decision. The judge will make a determination based on what is best for national security.

For those currently holding clearances, undergoing investigations or considering working in an industry where background investigations are conducted, act accordingly. If it is necessary to explain or mitigate questionable past or current behavior, gather information, witnesses and evidence that will support a decision to grant the clearance. The final decision will be made in the interest of national security and the applicant influence that decision.

Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing . Jeff is an accomplished writer of non-fiction books, novels and periodicals. He also owns Red bike Publishing. Published books include: "Get Rich in a Niche-Insider's Guide to Self Publishing in a Specialized Industry" and "Commitment-A Novel". Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training" See Red Bike Publishing for print copies of: Army Leadership, The Ranger Handbook, The Army Physical Readiness Manual, Drill and Ceremonies, The ITAR,and The NISPOM

Making NISPOM Initial Security Briefings Work

The National Industrial Security Program Operating Manual (NISPOM) lists cleared employee training. New employees are required to have Initial Security Briefings to ensure their understanding of the following topics:

• A threat awareness briefing
• A defensive security briefing
• An overview of the security classification system
• Employee reporting obligations and requirements
• Security procedures and duties applicable to the employee's job

Why are these topics important? They give the cleared contractor a good idea of what is classified, why it is classified and how to protect it from unauthorized disclosure. Well trained and enabled employees drive the enterprise security program headed by the FSO.

The threat awareness briefing helps the cleared employee understand that there are people who want their information. These people have techniques and a modus operandi to get access to classified information. However, employees can apply this to export controlled, intellectual property and proprietary information. Employees should be trained to recognize attempts to access sensitive information by an unauthorized person.

A defensive security briefing is the next step. This training goes into detail about how an adversary might approach an intended victim to get sensitive information. The defensive security briefing teaches the cleared employee to be on the offense with active measures to protect classified knowledge and information. Employees should know how to react to requests and report all attempts to gain unauthorized access.

An overview of the security classification system provides the cleared employee with answers to how is information is classified, what criteria is used and how are decision disseminated. Some useful tools include security classification guidance, DD Forms 254, and classification markings.

Employee reporting obligations and requirements should provide resources for reporting certain types of information. The cleared employee should be given information of how to report espionage, sabotage, security violations, suspicious activity and etc.

Security procedures and duties applicable to the employee's job is the real meat. This helps the cleared employee with specific tasks related to protecting classified information they may actually work with on the job. Great tools include the DD Form 254, security classification guides, statement of work, requirements documents, work breakout schedules, engineering documents and etc. Where the FSO might train the first few requirements, a supervisor, program manager or lead engineer might take over this training. The key is to ensure a properly trained employee and document that training.

Training cleared employees to perform  on classified contracts is the first step to a great industrial security program. NISPOM outlines required topics, but enterprising FSOs can make the training more applicable. The better employees understand their jobs, the better they can protect sensitive information they are entrusted with.

Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing .

 Jeff is an accomplished writer of non-fiction books, novels and periodicals. He also owns Red bike Publishing. Published books include: "Get Rich in a Niche-Insider's Guide to Self Publishing in a Specialized Industry" and "Commitment-A Novel". Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training" See Red Bike Publishing for print copies of: Army Leadership, The Ranger Handbook, The Army Physical Readiness Manual, Drill and Ceremonies, The ITAR,and The NISPOM