What is a standard form 328?

To obtain a Facility Clearance the licensee, certificate holder, or other must submit a Certificate Pertaining to Foreign Interests, Standard Form 328, and all required supporting documents to form a complete Foreign Ownership, Control or Influence (FOCI) Package.

What is foci in government contracts?

Foreign investment can play an important role in maintaining the vitality of the U.S. industrial base. Therefore, it’s the policy of the U.S. Government to allow foreign investment consistent with the national security interest of the United States.

What is foci foreign ownership?

Definition of FOCI 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 a DD Form 441 1?

DD Form 441-1 – This is an attachment to the DD Form 441 that lists cleared divisions or branch offices that are included and covered by the provisions of the organization’s Security Agreement and Certificate Pertaining to Foreign Interest.

Who evaluates information related to a prospective contractor facility?

The contractor facility is then assigned a DSS Industrial Security Representative or IS Rep, who gathers the information needed to evaluate the prospective contractor facility.

What is a foci determination?

The FOCI determination reveals whether the contractor that was tentatively selected and their subcontractors are owned, controlled, or influenced by a foreign entity and whether there is any potential for undue risk to the common defense and national security of the U.S. If the contractor already has a favorable FOCI …

What is foreign control?

Related Definitions 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.

How do you become a cleared defense contractor?

There are two common paths to becoming a cleared contractor – you can apply for a cage code and bid on cleared work, or you can sub-contract to a larger government contractor with current cleared contracts.

Which of the following is an example of when foci can be locally adjudicated?

What are examples of FOCI division adjudications? Foreign Ownership, Control and Indebtedness.

What is a DD 254 used for?

The Government uses the DD Form 254 to convey security requirements to contractors when contract performance requires access to classified information. Prime contractors also use the DD Form 254 to convey security requirements to subcontractors that require access to classified information to perform on a subcontract.

Who signs the DD Form 441?

The document can be signed by the company employee or representative authorized to enter into an agreement with the United States Government on behalf of the company. The document must also contain the signature of one witness.

What is the revised SF 328?

The SF 328, Certificate Pertaining to Foreign Interests, has been revised. The revision provides for additional uses by Department of Homeland Security and the Department of Defense. No additional substantive changes were made to the form and industry can begin use immediately.

How do I document my company’s foci factors?

The company’s FOCI factors should be documented on the Certificate Pertaining to Foreign Interests (Standard Form 328). In a corporate family, the SF 328 should be a consolidated response rather than separate submissions from individual members of the corporate family (NISPOM, paragraph 2-302).

What is the NISPOM requirement for SF 328?

The NISPOM requires that a SF 328 be submitted during the initial facility clearance process and when significant changes occur to information previously forwarded. (NISPOM paragraph 2-302) What criterion is used in determining if a company is under FOCI?

What does foci stand for in business?

Foreign Ownership, Control or Influence (FOCI) Foreign investment can play an important role in maintaining the vitality of the U.S. industrial base. Therefore, it’s the policy of the U.S. Government to allow foreign investment consistent with the national security interest of the United States.