Limited Access Authorizations (LAAs) for Non-U.S. Citizens
Non-U.S. citizens do not qualify for a security clearance. If a non-U.S. citizen requires access to U.S. classified information at Secret level and below, and meets the requirements of paragraph 2-209 and 2-210 of the National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL) 2006-02, a Limited Access Authorization (LAA) may be issued. However, the LAA is not a national security eligibility (clearance). Access to classified information must be limited to the specific contract outlined in the LOJ. Access to classified information outside the scope of the approved LAA shall be considered a compromise of classified information. Access to classified information provided to the U.S. Government by another government or international organization will not be permitted under an LAA without the written consent of the government of the organization that provided the information.
If no U.S. classified access is needed but the subject requires area access, the request must be electronically submitted on the SF-85P Form to the appropriate GCA.
A Letter of Justification (LOJ) on Government Contracting Activity (GCA) letterhead and endorsed by the program executive officer or equivalent official responsible for the contract must be provided to DSS.
The LOJ must contain the following information:
Prior to submitting an application for an LAA, the contractor must obtain a written disclosure determination from a principal or a designated disclosure official or obtain a State Department approved export license. The LAA cannot serve as an export authorization. p>
The LOJ must be sent to the DSS along with proof of foreign citizenship (i.e. passport), copy of disclosure determination or export license, and foreign security clearance certificate (if available). Provide this information to DSS via email at firstname.lastname@example.org. A copy of the approved Technology Control Plan (TCP) must be submitted to our office prior to the LAA being granted.
Upon notification from DSS that the LOJ has been approved, the FSO will initiate an SF-86. The SF-86 should be electronically submitted as a Tier 5 investigation request for an LAA even though "Secret" is the highest level of access permitted.
In addition, if the Subject has lived outside the U.S. within the past ten years, separate security forms for applicable countries may need to be completed as well.
The FSO shall notify DSS if there are any changes to the Subject’s personnel security records, such as change in contract number, citizenship status, or any adverse information.
If you have any additional questions regarding LAAs, please contact the DSS at email@example.com.
Reference: DoDM 5200.02 Procedures for the DoD Personnel Security Program
Reference: NISPOM 1-302. Reports to be submitted to the CSA
Reference: NISPOM 2-307 TCP
Reference: NISPOM 2-209. Non-U.S. Citizens
Reference: NISPOM 2-210. Access Limitations of an LAA
NATO Security Clearance Certificate (NSCC) Verifications for Foreign Nationals
Foreign Nationals employed by a U.S. cleared facility to perform on a NATO contract.
Access to NATO classified information may be permitted for citizens of NATO member nations, provided that NATO access is limited to performance on a specific contract, a NATO security clearance certificate is submitted to DSS by their respective government and the facility security officer briefs the individual for NATO access. Prior to permitting a foreign national employee access to NATO classified information/materials, the subject’s clearance is required to be verified through government-to-government channels.
The NATO contracting authority must first provide a letter (known as the NATO Selection Letter, example below) confirming the requirement for the subject’s personnel security clearance. A NATO Selection Letter is required for each contract the subject is supporting. The NATO Selection Letter along with proof of foreign citizenship (i.e. passport), personnel security clearance form (form and instructions below), and foreign NATO security clearance certificate (if available), should be submitted to DSS via email at firstname.lastname@example.org.
NATO Selection Letter Example
Personnel Security Clearance Information Sheet (PSCIS) Form
After DSS receives the security assurance through government-to-government channels, the FSO will receive notification from DSS. After obtaining verification of the subject’s security clearance, a visit request is required to be submitted for each of the required sites/establishments listed on the NATO Selection Letter.
NATO Access is limited to performance on the specific NATO contract listed in the NATO Selection Letter.
The FSO shall notify DSS if there are any changes to the Subject’s personnel security records, such as change in contract number, employment status, and any adverse information.
Note: A consultant shall not be assigned outside the United States with responsibilities requiring access to classified information.
Reference: NISPOM 1-3-302. Reports to be submitted to the CSA
Reference: NISPOM 2-210f. NATO Information
Reference: NISPOM 10-501. International Visits
Reference: NISPOM 10-601c. Access by Contractor Employees Assigned Outside the U.S.
Reference: NISPOM 10-707. Access to NATO Classified Information by Foreign Nationals
Facility Security Clearance (FSC) Verification Requests to Foreign Governments
There are circumstances when U.S. cleared industry, will require FSC verification for potential foreign subcontracting companies. This is typically the case for work performed within foreign countries. A FSC can be requested on the eligibility of a foreign facility to access/safeguard classified information in the performance of a program/contract. An export authorization must be issued prior to the negotiation or award of a contract. Classification guidance shall be issued in the form of security aspects letter/security requirements checklist. Foreign facilities fall under the national laws and regulations of the respective National Security Agency (NSA).
*All FSC verifications must be obtained through government-to-government channels.
To Request FSC verification for a foreign company, DSS requires that FSOs provide the following detailed information on the FSCIS Form:
All FSC Verifications need to be Re-Verified annually (by the originating facility).
A facility is required to notify their DSS, Industrial Security Representative of any pre-contract negotiation or award not placed through a GCA that involves or may involve—
Reference: NISPOM 1-302n. Foreign Classified Contracts
NATO Facility Security Clearance Certificate (NFSCC) Requests from NATO Agencies
A NATO Facility Security Clearance Certificate (NFSCC) is required for the prime contractor to directly support a NATO agency. A NATO Agency must submit an official request to DSS. A U.S. facility qualifies for a NFSCC if it has an equivalent U.S. FCL and its personnel have been briefed on NATO procedures. DSS will issue the NFSCC to the appropriate NATO agency and notify the contractor.
DSS does not issue a NFSCC during the bidding process. Upon an official request from the NATO Agency, DSS will verify a U.S. facility’s clearance.
NATO Agency requests for NATO FSCCs pertaining to U.S. cleared facilities can be directed to email@example.com.
Upon contract award, the NATO Contracting Agency will typically provide classification guidance to the contractor in the form of a NATO security aspects letter. Prior to subcontracting a NATO contract, approval must be obtained from the NATO contracting agency.
U.S. facilities are required to notify their Industrial Security Representative upon award of a NATO contract as the Prime.
Reference: NISPOM 10-704. NATO Facility Security Clearance Certificate
Reference: NISPOM 10-708. Subcontracting for NATO Contracts
Reference: NISPOM 10-710. Classification Guidance
NATO Employee Visits to U.S. Sites
NATO visits are visits by personnel representing a NATO entity and relating to NATO contracts and programs. NATO visits are submitted and processed through the foreign visit system. U.S. Citizens employed by NATO can only access U.S. classified information that is releasable to NATO.
Reference: NISPOM 10-721. Visits
U.S. Citizens Directly Hired by NATO
U.S. citizens employed directly by NATO represent the interests of NATO. If access to U.S. classified information is required, such access shall be determined on the basis of need-to-know and to information previously authorized for release to NATO.
Reference: NISPOM 10-720. Release of U.S. Information to NATO