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*FOCI FAQs
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 FOCI InformationThe Defense Security Service (DSS) appreciates your interest in visiting this
Web page. We hope that you find the information to be relevant and informative.
The material contained on this Web Page is pertinent to the mitigation of U.S.
companies (cleared or in-process for a facility security clearance), participating
in the National Industrial Security Program and operating under Foreign Ownership,
Control or Influence (FOCI). Please keep in mind that the sample documents
provided are for informational purposes only and that each company's
FOCI factors must be evaluated by DSS on a case-by-case basis. If you have
specific questions regarding the mitigation of FOCI factors present at your
company, your initial contact should be with your servicing Industrial Security
Representative. The National Industrial Security Program Operating Manual,
Chapter 2, Section 3 also provides additional information regarding FOCI. (6/28/10) NEW!!!! Electronic Communications Plan (ECP) Released: The Defense Security Service is pleased to release an Electronic Communications Plan (ECP) template for use by facilities cleared under the National Industrial Security Program (NISP). This new product supports the National Industrial Security Program Manual (NISPOM) and provides tools to mitigate Foreign Ownership Control or Influence. The ECP template will assist Industry with developing appropriate security countermeasures to effectively monitor electronic communications and ensure that unclassified systems/networks are protected from FOCI. Effective immediately, those companies that are in the FOCI mitigation process and will require an ECP, must comply with the requirements of the new template within 45 days of the execution of the FOCI mitigation agreement. Effective September 1, 2010, companies under existing FOCI mitigation agreements that require an ECP are required to be compliant with the new ECP template by the date of their next annual DSS security inspection. Companies that require assistance regarding the ECP template or its implementation should contact their Industrial Security Representative. The above requirements apply to FOCI signatory facilities that require an Electronic Communications Plan. Branch or division locations and Subsidiary entities which fall under a FOCI signatory requiring an ECP will have 45 days from the date of the signatory facility's ECP approval to submit their site-specific ECP to their local Industrial Security Representative. Download ECP Template (12/22/09) Electronic Facility Clearance (e-FCL) Deployment: Effective Jan. 19, 2010, ALL companies in process for a facility clearance or reporting a changed condition* will be required to use the DSS Electronic Facility Clearance (e-FCL) online application to submit their documents to DSS. The web-based e-FCL application, designed around the SF 328, "Certificate Pertaining to Foreign Interests," requires companies to upload and submit their required information into the system. This information includes: the SF 328, list of key management personnel, list of stockholders, articles, bylaws, and other supporting documentation. In addition, companies currently operating under a FOCI mitigation agreement must use e-FCL for annual certification processing. Since June 1, 2009, DSS has partnered with the Department of Energy (DOE) in the use of their Electronic Foreign Ownership Control or Influence (e-FOCI) application for the submission of the SF 328. DSS' e-FCL replaces this application. e-FCL is based on the DOE e-FOCI application, making the transition seamless to end users. All data submitted to DSS in the DOE e-FOCI application from June 1, 2009 through Jan. 18, 2010 will be migrated to e-FCL. This migration means that current e-FOCI users will not be required to re-enter already submitted data or create new application IDs or passwords to gain entry into e-FCL. To help assist our customers in using this new application, DSS has created an e-FCL Submission Site User Guide which will be available on the e-FCL login screen beginning on Jan. 19, 2010. Besides offering a streamlined and automated process for submission of the SF 328 and supporting documentation, e-FCL will enable DSS to process facility clearances more effectively and efficiently. Because e-FCL is web-based, it does not require any special software or equipment; the only requirement for using e-FCL is to have internet access. With this implementation, all companies in process for a facility clearance must use the e-FCL application to submit documentation. Companies with existing facility clearances do not have to re-submit documents into e-FCL; however, notification of changed conditions must be submitted through e-FCL. The e-FCL application meets government standards for the protection of proprietary and personal information. For more information on e-FCL, please contact your DSS Industrial Security Representative. * As described in NISPOM 1-302g. (2/24/09) Notice to Industry Concerning Outside Directors: Appointment of Outside Directors is a key component of the mitigation plans associated with Foreign Ownership, Control and Influence cases. DSS has refined the process for determining the appropriate number of Outside Directors to support the requirements of a Security Control Agreement (SCA) or a Special Security Agreement (SSA). During our review of our internal process, we determined that some facilities have less than sufficient Outside Director representation. The majority of facilities are not affected by our findings. However, those that are affected will be required to appoint additional Outside Directors. A formal letter will be sent in the near future to notify those facilities affected by this change. Select one of the following links to continue:
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