Obtaining and maintaining a facility clearance are essential for many businesses today. In today's challenging global business environment, under the cloud of international uncertainties and pervasive government regulations and security initiatives, many companies are affected by facility clearance regulations. Companies, large and small alike, must grapple with facility clearance issues and assure they are in compliance with facility clearance regulations at all times. The risks of non-compliance and deficiencies have serious national security implications as well as the threat of governmental business restrictions and penalties. The loss of a facility clearance can result in the loss of significant revenue and damage a company's reputation with the government and the business community.
The Facility Clearance Task Force assists companies, key management personnel, and other employees in obtaining and maintaining the proper facility clearance to do business with the Department of Defense and other agencies requiring facility clearances. In addition to our lawyers, we employ the consulting services of Kevin W. Cox, who has 42 years in with the Department of Defense Industrial Security field. Our team is familiar with the applicable regulations and work with the appropriate national and local government offices to establish the proper clearance for clients.
The Facility Clearance Task Force also assists companies with foreign ownership, control, or influence issues (FOCI) in obtaining the necessary security and facility clearances associated with FOCI. We offer clients experienced legal counsel on the specifics of the facility clearance and security clearance process to ensure that clients with foreign ownership are comfortable with the contract.
Pre-facility Clearance Counseling. Armstrong Teasdale's facility clearance lawyers guide clients through the process of obtaining a facility clearance. We provide counseling and assist clients in the completion of the necessary facility clearance forms and documents.
Facility Clearances. Armstrong Teasdale's facility clearance attorneys are experienced in guiding companies through the facility clearance process under the National Industrial Security Program. We advise on techniques for obtaining sponsorship requests, help with the completion of all necessary documents, and assist with development and implementation of internal security operating procedures. For companies that have FOCI issues which otherwise prevent approval of a facility clearance, we design innovative approaches for "mitigation" of FOCI and negotiation of facility security agreements with the Defense Security Service (DSS).
Denial of a Facility Clearance. In the event that a company faces the revocation of a facility clearance, Armstrong Teasdale's facility clearance lawyers are well-versed in the best practices for immediately correcting deficiencies. In the event that a facility clearance is linked to an individual's security clearance, our facility clearance lawyers assist clients in determining whether to request a hearing, seek a waiver, and/or appeal a case. Our attorneys represent clients in hearings before administrative judges of the Defense Office of Hearings and Appeals (DOHA) of the U.S. Department of Defense and prepare the most comprehensive case that demonstrates an individual's ability to access and handle the nation's most vital secrets.
Invalidation. If a company faces an invalidation of its clearance by DSS, we assist in the immediate implementation of corrective actions. Our rapid response team works with DSS to address these matters, train all appropriate personnel on compliance issues, and to conform with NISPOM and other regulations, particularly those aimed at protecting classified information. We also assist clients in establishing inspections and other preventive measures.
Maintaining a Facility Clearance. Upon receiving the desired facility clearance, Armstrong Teasdale's facility clearance lawyers continue to advise clients of the type of events and issues that could lead to the loss of the facility clearance. We also implement measures to facilitate the ongoing requirements of maintaining a facility clearance and complying with the relevant guidelines.
Questions? Contact Brian Kaveney.