At National Security Law Firm (NSLF), we specialize in guiding businesses, investors, and entrepreneurs through the complex requirements of Facility Security Clearance (FCL) compliance. Whether your organization is pursuing classified contracts, navigating mergers and acquisitions, or dealing with foreign investment, our experienced attorneys ensure your security clearance compliance aligns seamlessly with your business objectives.

What is a Facility Security Clearance (FCL)?

Facility Security Clearance Compliance ServicesA Facility Security Clearance (FCL) is a certification issued by the Defense Counterintelligence and Security Agency (DCSA) that authorizes a company to access and manage classified information. It is a crucial requirement for businesses engaged in classified contracts with the U.S. government.

An FCL is tied to the organization’s eligibility, not its employees, and involves compliance with stringent regulations under the National Industrial Security Program Operating Manual (NISPOM).

Common Questions About Facility Security Clearances

Who Needs a Facility Security Clearance?

Companies require an FCL if they:

  • Are awarded classified contracts by the U.S. government.
  • Intend to participate in joint ventures or partnerships involving classified information.
  • Plan to engage in transactions, such as mergers or acquisitions, that involve a company with an existing FCL.

What Are the Requirements to Obtain an FCL?

To qualify for an FCL, a company must:

  1. Be sponsored by a U.S. government agency or a cleared contractor.
  2. Submit an application and necessary documentation through the DCSA.
  3. Appoint Key Management Personnel (KMP) who are eligible for security clearances.
  4. Ensure compliance with NISPOM standards, including safeguarding classified information.

What is Foreign Ownership, Control, or Influence (FOCI)?

FOCI occurs when a company has foreign involvement that could impact its ability to protect classified information. The DCSA evaluates FOCI during the FCL process and may require mitigation measures, such as:

  • Proxy agreements
  • Special security agreements (SSA)
  • Board resolutions to limit foreign influence

What Happens During a Facility Clearance Audit?

Once cleared, companies must undergo periodic inspections to ensure continued compliance with NISPOM requirements. These audits review:

  • Physical security measures
  • Employee training programs
  • Document handling procedures
  • Cybersecurity policies

How National Security Law Firm Can Help

Our attorneys bring decades of experience navigating the intricate requirements of facility security clearances, ensuring your organization remains compliant and competitive. Here’s how we can help:

Obtaining and Maintaining Security Clearances

We assist businesses in securing their FCL by:

  • Preparing and submitting FCL applications.
  • Ensuring Key Management Personnel (KMP) meet clearance eligibility.
  • Advising on compliance with NISPOM standards and other federal regulations.

FOCI Mitigation

For companies with foreign ownership or investment, we provide experienced guidance in:

  • Assessing FOCI risks and developing tailored mitigation strategies.
  • Negotiating agreements such as SSAs, proxy agreements, or board resolutions.
  • Facilitating ongoing compliance to maintain your FCL.

Guidance on Mergers, Acquisitions, and Joint Ventures

We counsel clients on transactions involving companies with FCLs, including:

  • Conducting due diligence to assess clearance risks.
  • Structuring transactions to comply with regulatory requirements.
  • Submitting change-of-ownership or control notifications to the DCSA.

Compliance Monitoring and Audit Preparation

Maintaining an FCL is an ongoing responsibility. We help clients:

  • Implement internal compliance programs to meet DCSA standards.
  • Prepare for DCSA inspections and resolve identified deficiencies.
  • Train employees on the proper handling of classified information.

Strategic Advising for Investors

We advise businesses, investors, and entrepreneurs considering acquisitions or investments in companies with FCLs to:

  • Evaluate national security implications.
  • Develop transaction strategies that align with clearance requirements.
  • Ensure the long-term viability of the company’s classified capabilities.

Why Choose National Security Law Firm?

Unmatched Expertise

Our attorneys are seasoned professionals with military and federal backgrounds, providing a deep understanding of the regulatory landscape surrounding security clearances.

Tailored Solutions – We recognize that every business has unique needs. Whether you’re a government contractor, investor, or entrepreneur, we customize our services to align with your specific goals.

Comprehensive Support – From initial applications to ongoing compliance, we guide clients through every stage of the FCL process, ensuring nothing is overlooked.

Proven Success – Our firm has a track record of successfully helping companies obtain and maintain FCLs, navigate FOCI challenges, and execute transactions without compromising clearance eligibility.

Take Control of Your Facility Security Clearance Compliance

Security clearance compliance is critical to achieving your business goals in classified work. Let National Security Law Firm be your trusted partner in navigating this complex area.

  • Call us now: (202) 600-4996
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