In the second episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into personnel security clearances (PCLs) with National Security, Defense, and Intelligence attorneys Andrew McAllister and Jacob Marco. They discuss the process of obtaining a clearance and its role in safeguarding classified information. The attorneys also explore important guidelines to follow and common pitfalls that can complicate the process. Listen to gain useful insights on this complex system.

Navigating Personnel Security Clearances (PCLs)

In the fourth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey explores the topic of corporate documents in relation to security clearances with International Trade attorney Libby Bloxom. They share valuable insights on selecting the appropriate corporate structure for facility security clearance (FCL) applications as well as explain how different corporate structures affect the information provided to the Defense Counterintelligence and Security Agency (DSCA) or updated in the National Industry Security System (NISS). Their conversation emphasizes the importance of adopting a holistic approach when entering the government contractor business.

Corporate Documents in the Context of Clearances

In the sixth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses change condition packages (CCPs) with International Trade attorney Marina O’Brien. They examine the preparation and submission of a CCP, covering essential documents and information cleared companies must submit to the Defense Counterintelligence and Security Agency (DCSA) or any other Cognizant Security Agency (CSA). Be sure to listen for helpful details on the nuances and considerations companies should be aware of when undergoing this process.

Podcast - Change Condition Packages: Tips for Cleared Contractors

The eighth episode of "Are We All Clear? Facilitating Security Clearances" offers an in-depth summary of the Defense Counterintelligence and Security Agency (DCSA). Host Molly O'Casey and International Trade attorney Andrew McAllister dive into the agency’s history, structure and functions, providing insights into the main stages of the DCSA clearance process life cycle and discussing recent developments within the agency.

An In-Depth Overview of the DCSA

In the 12th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Andrew McAllister provide insights on foreign influence, ownership or control (FOCI) mitigation instruments. The attorneys elaborate on the following key topics regarding FOCI mitigation:

why FOCI mitigation is necessary
proxy agreements, special security agreements and security control agreements
correlation between FOCI supplements and FOCI mitigation agreements
affiliated operations plan (AOP)
technology control plan (TCP)
electronic communications plan (ECP)
visitor access plan (VAP)
facilities location plan (FLPs)
quality management plan (QMP)
controlled unclassified information (CUI)

Tune in as they explore these topics and more!

Everyone Come to Play: Exploring FOCI Mitigation Instruments

In Episode 15 of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and members of Holland & Knight's International Trade Group discuss the complexities of Foreign Ownership, Control or Influence (FOCI) and its implications for security clearances in government contracting. They explain how foreign entities can influence cleared companies, impacting classified contracts, and detail the Defense Counterintelligence and Security Agency's (DCSA) role in overseeing FOCI assessments through the SF-328 form. Mitigation strategies such as proxy agreements and outside directors are highlighted to ensure compliance and safeguard national security.

The episode also revisits Section 847 from the 2020 National Defense Authorization Act (NDAA), which mandates FOCI assessments for non-classified U.S. Department of Defense (DOD) contracts valued at $5 million or more and represents a significant expansion of FOCI regulations. This discussion reinforces the need for companies to effectively navigate these complexities while utilizing supplemental documents like Affiliated Operations Plans and Technology Control Plans to maintain compliance.

A Comprehensive Overview of FOCI Mitigation

In the 17th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey is joined by Antonia Tzinova, the head of Holland & Knight's Committee on Foreign Investment in the United States (CFIUS) and Industrial Security Team, to identify and analyze the many government entities that play a part in regulating mergers and acquisitions (M&A) that raise national security concerns. In addition to Foreign Ownership, Control or Influence (FOCI) mitigation and CFIUS review, Ms. O'Casey and Ms. Tzinova discuss the rules and responsibilities related to the Directorate of Defense Trade Controls (DDTC), Hart-Scott-Rodino Act (HSR) and Bureau of Economic Analysis (BEA). 

Both attorneys stress the importance of accurate and timely filings to avoid potential consequences such as loss of export privileges and financial penalties. Adherence to these procedures will protect businesses and enhance national security. Although this field is undoubtedly complex, their concluding advice for companies navigating these regulatory landscapes is simple: "Get help, get it early."  

New tracks tagged #SecurityClearances