Are We All Clear? Facilitating Security Clearances

Latest Episodes:

Everyone Come to Play: Exploring FOCI Mitigation Instruments Nov 05, 2024

Show notes

In the 12th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Andrew McAllister provide insights on foreign influence, ownership or control (FOCI) mitigation instruments. The attorneys elaborate on the following key topics regarding FOCI mitigation:

why FOCI mitigation is necessary
proxy agreements, special security agreements and security control agreements
correlation between FOCI supplements and FOCI mitigation agreements
affiliated operations plan (AOP)
technology control plan (TCP)
electronic communications plan (ECP)
visitor access plan (VAP)
facilities location plan (FLPs)
quality management plan (QMP)
controlled unclassified information (CUI)

Tune in as they explore these topics and more!

FOCI Mitigation: SSAs, SCAs and Proxy Agreements Oct 18, 2024

Show notes

The 11th episode of "Are We All Clear? Facilitating Security Clearances" explores the role of outside directors and proxy holders within the National Industrial Security Program Operating Manual (NISPOM) framework and their significance in insulating a cleared company from its foreign owners. Host Molly O'Casey and International Trade attorney Antonia Tzinova discuss practical approaches to the selection, employment and accountability of these positions, as well as delve into the broader context of Foreign Ownership, Control or Influence (FOCI) mitigation to protect U.S. national security interests.

Their conversation covers a myriad of topics (and acronyms!), including recent developments in FOCI, facility security clearance (FSC), NISPOM, Defense Counterintelligence and Security Agency (DCSA), Special Security Agreements (SSA), Security Control Agreements (SCA) and the Government Security Committee (GSC).

Understanding FOCI Mitigation Aug 15, 2024

Show notes

The 10th episode of "Are We All Clear? Facilitating Security Clearances" explores the mitigation of foreign ownership, control or influence (FOCI) in a cleared company. Host Molly O'Casey and International Trade attorney Andrew McAllister cover key topics in this area, including the implications of FOCI for companies that have obtained facility security clearances, common issues faced by companies in relation to FOCI, monitoring and enforcement of FOCI issues, strategies for companies navigating this process with the Defense Counterintelligence and Security Agency (DCSA) and recent developments in this area.

Navigating M&A Due Diligence: Safeguarding Security Clearances Jul 25, 2024

Show notes

In the ninth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Antonia Tzinova delve into the critical aspects of due diligence for facility and personnel clearances in mergers and acquisitions (M&A) transactions. Drawing from her extensive experience, Ms. Tzinova guides listeners through the complexities of the National Industrial Security Program Operating Manual (NISPOM) and its impact on cleared facilities and personnel.

Key topics covered include:

the importance of timely notifications to the Defense Counterintelligence and Security Agency (DCSA) during ownership changes
considerations for mitigating foreign ownership, control or influence (FOCI) in M&A deals
essential steps for sellers in preparing for due diligence
potential compliance violations and mitigation strategies

An In-Depth Overview of the DCSA Jul 11, 2024

Show notes

The eighth episode of "Are We All Clear? Facilitating Security Clearances" offers an in-depth summary of the Defense Counterintelligence and Security Agency (DCSA). Host Molly O'Casey and International Trade attorney Andrew McAllister dive into the agency’s history, structure and functions, providing insights into the main stages of the DCSA clearance process life cycle and discussing recent developments within the agency.

Find Someone Observant: The Vital Role of Facility Security Officers Jun 27, 2024

Show notes

In the seventh episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into the pivotal role of Facility Security Officers (FSOs), providing valuable insights into responsibilities, the selection process and key considerations for maintaining a secure environment. International Trade attorneys Antonia Tzinova and Libby Bloxom join Ms. O'Casey for an episode that's useful both for security professionals and those simply intrigued by this complex field.

Change Condition Packages: Tips for Cleared Contractors Jun 06, 2024

Show notes

In the sixth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey discusses change condition packages (CCPs) with International Trade attorney Marina O’Brien. They examine the preparation and submission of a CCP, covering essential documents and information cleared companies must submit to the Defense Counterintelligence and Security Agency (DCSA) or any other Cognizant Security Agency (CSA). Be sure to listen for helpful details on the nuances and considerations companies should be aware of when undergoing this process.

Decoding the Key Management Personnel Requirements Apr 25, 2024

Show notes

In the latest episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey engages in an insightful conversation with Antonia Tzinova, leader of Holland & Knight's CFIUS and Industrial Security Team. This informative episode provides a comprehensive guide to key management personnel (KMPs) within the context of security clearances.

Ms. Tzinova delves into the critical role of KMPs, discussing their significance in the corporate governance structure, who qualifies as a KMP and the specific issues involved in appointing KMPs. Listeners will gain a valuable understanding of the nuances surrounding KMPs and their importance within the facility security clearance process.

Navigating Personnel Security Clearances (PCLs) Apr 11, 2024

Show notes

In the second episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey delves into personnel security clearances (PCLs) with National Security, Defense, and Intelligence attorneys Andrew McAllister and Jacob Marco. They discuss the process of obtaining a clearance and its role in safeguarding classified information. The attorneys also explore important guidelines to follow and common pitfalls that can complicate the process. Listen to gain useful insights on this complex system.

What Is an FCL and How Do I Obtain One? Mar 28, 2024

Show notes

In the inaugural episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey sits down with Government Contracts attorney Erin Estevez. They provide a basic introduction to facility security clearances (FCLs), explaining what they are, why they matter for contractors and how the process of obtaining one works.

Ms. Estevez discusses key requirements like establishing a need-to-know and finding a sponsor. Common pitfalls are also addressed. The episode serves as a primer on this foundational topic for understanding classified contracting. Tune in to gain valuable insights into navigating the clearance process.