What is foreign ownership control or influence?
Being under foreign ownership, control or influence —referred to as FOCI—is a state, in which a facility may find itself that affects its ability to qualify for or maintain a Facility Security Clearance, or FCL.
Which of the following is the most common method for mitigating foreign ownership or control?
Special Security Agreement (SSA): A security agreement that may be imposed in cases of majority foreign ownership or control. The foreign owner has a voice in the management of the business through an Inside Director. The SSA is the most common mitigation agreement.
What is FOCI mitigation proxy agreement?
When a company is owned or controlled by a foreign entity, a Special Security Agreement (SSA) may be used to mitigate the Foreign Ownership, Control, or Influence (FOCI). Though more lengthy and cumbersome to implement than the above FOCI mitigation measures, the Special Security Agreement (SSA) is a popular choice.
What is a foreign interest?
Foreign Interest — Any foreign government, agency of a foreign government, or representative of a foreign government; any form of business enterprise or legal entity organized, chartered or incorporated under the laws of any country other than the U.S. or its possessions and trust territories, and any person who is not …
What is foreign control?
Foreign control means that the controlling institutional unit is resident in a different country from the one where the institutional unit over which it has control is resident.
What is foci Dcsa?
A US company is considered to be under FOCI when a foreign interest has the power, direct or indirect, whether or not exercised, to direct or decide matters affecting the management or operations of the company in a manner which may result in unauthorized access to classified information or may affect adversely the …
What is an industrial security agreement function?
It is an agreement between your organization and the United States Government that details the security responsibilities of both the cleared organization and the United States Government. DF Form 328: The Certificate Pertaining to Foreign Interest is used to report your organization’s foreign involvement.
What is an industrial security agreement ISA function?
A Security Agreement (DD Form 441) is a legally binding document that commits the contractor to establish a security program that meets National Industrial Security Program Operating Manual (NISPOM) requirements.
Which of the following is a cognizant security agency CSA in the NISP?
There are, however, four Cognizant Security Agencies (CSAs) under the NISP, including the Department of Defense (DoD), Department of Energy, Central Intelligence Agency, and the Nuclear Regulatory Commission.
What is a security control agreement?
Security Control Agreement (SCA), when a foreign interest does not effectively own or control a company or corporate family but is entitled to representation on the company’s board. … Board Resolution:A BR is a legally binding acknowledgement passed by the company’s Board of Directors.
How does a proxy board work?
A proxy board is a board composed entirely of American citizens which are responsible for the day-to-day running of the business. In this way the company’s classified information is “insulated” from foreign exploitation but the parent company still benefits from any profits made by its subsidiary.
What is a Special Security Agreement?
The Special Security Agreement (SSA) is used when a company is owned or controlled by a foreign entity. … Preserve the foreign shareholder’s right to be represented on the Board of Directors with a direct voice in the business management of the company while denying unauthorized access to classified information.