Security Clearances

The firm’s Security Clearance practice, led by Bill Savarino, offers clients experienced legal counsel to help:

• Assess the impact of and handle Foreign Investment in U.S. Government Contractors.
• Obtain a Facility Clearance (FCL) and a Personal Clearance (PCL) for all affected officers, directors and employees, including interim clearances.
• Overturn denials of clearances.

FOCI MITIGATION

A U.S. company subject to foreign ownership, control, or influence ("FOCI") cannot obtain or keep the requisite facility security clearance ("FCL") necessary to compete for and participate in classified U.S. Government contracts unless the company has effectively mitigated or eliminated FOCI.

FOCI issues typically arise in connection with the contemplated investment by non-US citizens in a U.S. Government-cleared contractor. FOCI concerns are not limited to classified work as reflected in a DD254. Post September 11, companies involved with non-classified work with the Department of Defense (DoD) or other civilian agencies, particularly TSA, HSA, and the FBI, report a discernable bias against awarding contracts to U.S. companies subject to FOCI.

We structure and implement appropriate FOCI mitigation measures and negation plans, including Proxy Boards, Voting Trusts, Special Security Agreements, and Special Control Agreements. We also handle notifications to the Committee on Foreign Investment in the United States (CFIUS).

CLEARANCES

Cohen Mohr also helps clients obtain facility and personal security clearances for all levels of classified work. We assist clients with immediate clearance needs and assist clients in obtaining interim clearances when possible.

We also provide pre-clearance counseling in preparing Standard Form 86 and DD Form 1879. Avoiding problems with security clearances begins with an accurate pre-clearance submission. We also counsel companies and individuals on handling pre-clearance interviews.

DENIALS OF SECURITY CLEARANCE

A May 6, 2004 Report by the U.S. Government Accountability Office (GAO) states that average time it takes the Department of Defense (DOD) to determine clearance eligibility for industry personnel exceeds 1 year due to an ever growing backlog. The Washington Post and the Wall Street Journal have recently reported on the difficulty companies have encountered finding suitable cleared personnel to compete for and to perform valuable government contracts. Overturning a denial of a security clearance presents a more expeditious and cost-effective alternative to waiting a year to reapply or finding another qualified cleared individual.

We handle security clearance denials from NSA, CIA, and the Defense Office of Hearings and Appeals (DOHA).

We assist in preparing written responses to denial letters and Statement of Reasons (SOR).

We represent individuals in hearings on the merits before DOHA or in personal appearances before the National Reconnaissance Office (NRO), Department of Energy (DOE), and other agencies.

We handle appeals of adverse hearing determinations to appeals boards and federal court.

OUR APPROACH

The success of our security clearance practice lies in our ability to provide our clients with true practical insight in solving security clearance issues. Bill Savarino oversees all security clearance cases. In addition, we regularly use the services of Robert Schwalls, a former high-ranking DSS official, to assist us with security clearance issues. As a valued member of our team, Bob brings to bear his continuing and respected relationships with DSS and the U.S. security community at large as well as his many years of practical experience both at DSS and as a security officer for numerous companies. Bob’s considerable experience and contacts brings breadth to our security practice and allows us to offer clients a full range of legal and practical solutions.