Security Executive Agent Directive 3 (SEAD-3) was implemented on June 12, 2017, to expand reporting requirements for foreign travel for all security clearance holders across the government. The number of denied security clearance cases under the foreign influence adjudicative guideline rose from 49 in 2021 to 64 in 2022, raising concerns about the impact of merely listing or not listing foreign nationals on the granting of a clearance.
A security clearance allows individuals to access classified national security information up to and including the level of a certain position. However, having foreign connections does not mean that one cannot hold a security clearance. Many thousands of federal employees and government contractors retain their security clearances even if they have foreign connections.
Security clearance holders are required to self-report all life events, incidents that could impact their ability to meet security clearance requirements. Failure to disclose foreign travel or visiting a country on the do not travel list might result in losing their clearance. Prior to traveling, it is important to ensure one is up to date on operational security standards and vacation with caution, especially if someone shows an unusually high number of foreign travel restrictions.
Travel in South America should not impact gaining security clearance, but keeping detailed records of where you go is crucial. Extensive travel outside the United States can lengthen the security clearance process, and it is essential to report all travel outside the U.S. This will not only slow your security clearance but also put it on hold.
Cleared employees are still required to report foreign travel to their FSO in accordance with the guidelines and timelines outlined in SEAD-3 and further.
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How often are security clearances denied?
Between 2015 and 2020, 2-5 security clearance applications faced denials annually. Financial issues caused 29 denials in 2020, largely due to the high debt levels of Americans. Personal conduct and criminal background contributed to 18 denials. The Intelligence Community reported a slight increase in denial rates for Top Secret clearances, especially those with access to sensitive compartmented information (SCI). The Defense Office of Hearings and Appeals (DOHA) provides statistical data on these denials.
What countries are avoided by the US security clearance?
Travel to countries like Cuba, Iran, North Korea, Sudan, Syria/Syria/Syrian Arab Republic, and Ukraine may require prior authorization from the United States Government. The University compiles a list of High-Risk Countries from sources like the University of Colorado Systems Risk Management, the Department of State, the Department of Treasury, and the Federal Bureau of Investigation. US travelers are priority targets for cyber-attacks and surveillance, especially if they are engaged in classified or proprietary research in STEM fields.
Electronic devices and information may be at risk of physical tampering and cyber-attacks. In some cases, personal devices and luggage may be subject to involuntary government review. Limited access to specific websites or applications may be required due to international sanctions or unreliable connectivity.
Can a foreign national hold a US security clearance?
Non-U. S. citizens cannot obtain a security clearance, but if they need access to U. S. classified information and meet CFR 117. 10(k) requirements, a Limited Access Authorization (LAA) can be issued. This authorization allows limited access to classified information, but it is not a national security eligibility. Access to classified information is limited to a specific program or project and can be cancelled upon completion. Access outside the approved LAA scope is considered a compromise of classified information.
If no U. S. classified access is needed, the request must be electronically submitted to the appropriate GCA. Before applying for an LAA, contractors must obtain a written disclosure determination from a principal or designated disclosure official or obtain a State Department approved export license. The LAA cannot serve as an export authorization.
What does a security clearance check?
A security clearance process is a thorough examination of a person’s background, including their employment history, education, residential history, and financial background. It is used to determine if a person is willing to safeguard classified national security information based on loyalty, trustworthiness, and reliability. If a candidate receives a tentative job offer, they must undergo the security clearance process. For all positions at NRO, a counterintelligence polygraph examination is required. The process is quicker if the candidate already has an active Top Secret security clearance.
What are red flags for security clearance?
Common SF-86 security clearance disqualifiers include not being a U. S. citizen, not being loyal to the U. S. or foreign influence, engaging in illegal drug use, having mental incompetence, having dishonorable military discharge, having a financial history, and engaging in criminal activity. Other factors may also delay or disqualify an individual’s security clearance. Information provided in these areas will be essential to determine potential disqualifications.
What is a red flag for a security clearance?
Drug activity, alcoholism, and financial problems can hinder security clearance for drivers. A history of drug addiction, involvement, or alcoholism can disqualify individuals from receiving security clearance. Current, ongoing use of illegal drugs can also disqualify individuals. Financial problems are the most common reason drivers fail to receive security clearance, followed by personal conduct. Officers examine credit and debt issues to determine if factors outside of a driver’s control or a pattern of non-payment are contributing factors.
Are you eligible to hold a US security clearance?
The security clearance process for a job requires a strong character, loyalty to the United States, and being a U. S. citizen. It begins after receiving a conditional job offer and completing required forms and signed authorizations. The Defense Counterintelligence and Security Agency (DCSA) or a contracted Investigative Service Provider (ISP) may conduct a background investigation. Once complete, an adjudicative review is conducted to determine eligibility for a TS/SCI security clearance. False or withheld information in applications or security forms may impact the final job offer.
What will affect my security clearance?
Security clearance may be revoked for a number of reasons, including a history of financial misconduct, such as deceptive or illegal financial activities, failure to meet financial obligations, and financial difficulties resulting from substance abuse. It is of the utmost importance to be forthcoming about all sources of income, particularly if one possesses a lavish residence or vehicle, in order to prevent any suspicion from the government.
Does traveling affect security clearance?
To prepare for the security clearance process, follow these steps:
Track your travels: Keep records of your trips, including the start and end dates, and document the landlord’s contact information for stays over 90 days.
Remember your contacts: Report all interactions with non-US citizens, focusing on those with whom you have had the closest ties or interaction over the last seven years.
Avoid using illegal drugs, including marijuana, as it is still illegal under federal law.
Understand your financial situation: Review your finances and credit score, make sure you are up-to-date with federal, state, property, and other taxes, and if you have filed for bankruptcy, provide the details.
Safeguard your social media: Establish strict online settings, avoid including personal information like your address, date of birth, or other personal details, and think before posting. Privacy settings can help reduce online exposure and protect your identity.
How to pass secret clearance?
The process for receiving a conditional offer of employment involves completing Standard Form 86 (SF-86), taking a polygraph, undergoing a psychological or medical evaluation, performing a credit check and National Agency Check (NAC), conducting a background investigation, and a final job offer. This process is essential for all potential employees to obtain a final job offer from an agency in the Intelligence Community. The process ensures that the candidate meets the standards to safeguard the nation’s secrets.
Do they contact foreign contacts for security clearance?
It is advisable to disclose any foreign contacts with a continuing association, whether it be a friend or family member. If only one contact was made but personal information was exchanged, the contact should be disclosed. Some use the “two-minute rule” – the contact should be disclosed if the conversation lasted more than two minutes. If you are unsure or worried about making a mistake, a federal security lawyer can help. Failure to disclose foreign contacts can jeopardize your security clearance, even if it wasn’t intentional. Contact the Law Firm of J. W. Stafford for guidance on the security clearance process.
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