What is used in determining if a company is under FOCI?

There are many considerations that are reviewed, such as:  the type and sensitivity of information requiring protection; the source, nature and extent of FOCI; compliance with pertinent  laws, regulations and contracts; whether there are bilateral and multilateral security and information exchange agreements between governments, and ownership or control by a foreign government.

How often should a company submit the SF 328?

An SF 328 be submitted during the initial facility clearance process and when significant changes occur to information previously forwarded.

How do you determine if a company is under FOCI?

A organizations FOCI concerns are reviewed during the application for and throughout the period the facility security clearance is held. The company's FOCI factors should be documented on the organizations "Certificate Pertaining to Foreign Interests" (SF 328).

Can a company obtain a facility security clearance (facility clearance) if found to be under FOCI?

No.

When is a company determined to be under FOCI?

An organization may have FOCI issues when foreign-owned organizations, individuals or governments have an interest in or the direct or indirect power -- whether or not it is exercised, to direct or decide matters that affect the management or operations of the organization in such a manner so as to result in unauthorized access to classified information or adversely affect contract performance.

What is foreign ownership, control and influence (FOCI)?

Foreign ownership, influence, and control (FOCI) in the national security setting refers to situations where a foreign organization, government or person has a significant ownership interest in the organization and the ability to influence decisions or contractual relationships with a U.S. company.  An organization with FOCI concerns may create a security risk that could compromise U.S. national security, e.g., a Chinese company may gain access to For sensitive technologies or information that could be used to gain a competitive advantage or engage in activities that comprise the United States' national security interests. The government has laws and regulations to review and regulate foreign investment in U.S. companies and assets critical to national security.  One government organization that reviews these issues is the Committee on Foreign Investment in the United States (CFIUS) which reviews foreign investment to determine whether such investment could harm national security.  FOCI issues are normally addressed through contract provisions, such as restrictions on the transfer of sensitive information or technology to foreign entities.

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