National Security Law

Facility (Security) Clearances

To be eligible for classified contracts with the U.S. Federal Government, companies must possess facility clearances (FCLs) in accordance with the National Industrial Security Program (NISP) to be eligible for classified contracts with the U.S. federal government. FCLs are also needed for companies to sponsor their employees for individual, personnel clearances necessary for employees to work on classified contracts or to enter sensitive government facilities. For 19 years, companies have turned to our attorneys to assist them in obtaining and maintaining facility clearances. Led by former, senior Pentagon attorney, John Montgomery, our team of attorneys has successfully guided dozens of companies through the FCL process from securing agency and/or industry sponsorship through issuance of clearances and implementation. Equally important, once our clients obtain an FCL, we continue to advise and assist them to maintain their clearance in good standing through effective, proven compliance programs.

Foreign Ownership, Control or Influence

If a company is foreign-owned, or the subject of foreign control or influence, it is not eligible to hold a facility clearance unless and until the foreign ownership, control or influence (FOCI) is “mitigated” to the satisfaction of officials at the Defense Security Service (DSS), which manages the NISP for the U. S. Government. Our attorneys have unmatched expertise navigating the mitigation and compliance process for companies subject to FOCI, as well as for cleared U.S. companies that may be the target of foreign investment or purchase.

CFIUS

The Washington Global Law Group is expert in helping clients navigate the restrictions on foreign ownership of U.S. businesses that operate in sensitive national security sectors. We guide clients every step of the way through the review of proposed business transactions conducted by the Committee on Foreign Investment in the United States (CFIUS). We place special emphasis on developing “mitigation” plans to restructure proposed transactions so they simultaneously meet government security concerns while achieving our clients’ business objectives – enabling our clients’ projects to move forward.

Export Control

The Washington Global Law Group advises clients on all aspects of export licensing including preparing export applications, advocating for approval, and engaging directly with regulatory authorities, as necessary, to resolve agency concerns. More broadly, we provide both U.S. and non-U.S. clients with risk assessments of export restrictions and advise on developing export control compliance programs to meet all regulatory requirements. We offer in-house training and compliance reviews to ensure smooth implementation of export compliance programs.

The attorneys at Washington Global Law Group do not simply advise on National Security law and procedures, we focus on our clients’ overall business goals and develop approaches successfully to achieve those goals within the NISP, CFIUS, and Export Control regulatory frameworks. We engage directly and personally with company directors and senior management to understand their priorities. Our attorneys often serve as outside counsel to cleared companies supporting their overall legal and business needs. We regularly attend Board, Government Security Committee, and Compensation Committee meetings, providing real-time counsel on FOCI mitigation, as well as legal advice on regulatory compliance and commercial issues. We may also serve as corporate secretary and/or director on client Boards. These close client-attorney working relationships reduce the obstacles to FCL compliance and enhance the client’s ability to obtain and perform sensitive government contracts.

Our success for industrial security clients lies in our commitment to excellence, our unquestioned integrity, and our unparalleled knowledge of facility clearance requirements, DSS policies, FOCI procedures, and related CFIUS and Export Control regulations. We are first and foremost attorneys and counselors, but with the expertise and skill levels of industrial security professionals. We enjoy a mutually-respected working relationship with attorneys and senior officials at DSS Headquarters, which permits us to resolve clearance issues in a collaborative way and to devise joint solutions to FCL problems that other private counsel frequently cannot.

Representative Matters:

• Represented a U.S.-based international consulting firm whose president was a non-U.S. citizen in negotiation of a security control agreement and issuance of a facility clearance.
• Assisted a U.S. transportation company to obtain a facility clearance under a special proxy agreement where the U.S. citizen owner of the company could not hold a personnel clearance.
• Successfully guided a large, German, international electronics company in the facility clearance process by creating a cleared U.S. subsidiary under a special security agreement.
• Negotiated a special mitigation agreement that allowed a U.S.-cleared IT services company to retain its facility clearance after the company’s owner was denied a personnel clearance.
• Supported a company facing DSS revocation of its facility clearance following acquisition by a British technology company. Assisted in implementing corrective actions to the company’s governance structure and in establishing an effective compliance program resulting in retention of the clearance and upgrade of its annual DSS inspection rating from marginal to superior.
• Guided an Australian-owned medical services company through the FOCI mitigation process to obtain a top secret clearance.
• Successfully advocated at the highest levels of the Departments of Defense and State to obtain expedited clearances for a contractor team sent to Iraq without clearances necessary to perform a sensitive and highly classified project.