Facility Security Clearance (FCL) & Foreign Ownership, Control or Influence (FOCI) Flashcards

Which plan is required under FOCI mitigation to control foreign national access to export-controlled and classified information?

Answer: Technology Control Plan (TCP)

A TCP outlines measures to prevent unauthorized access by foreign persons, including affiliates.

Under FOCI mitigation, which plan governs communications between the cleared U.S. entity and its foreign affiliates?

Answer: Electronic Communications Plan (ECP)

The ECP addresses monitoring and controls over electronic communications with the foreign parent and affiliates.

Who typically makes a National Interest Determination for access to Sensitive Compartmented Information by an SSA company?

Answer: ODNI

ODNI concurs on NIDs for SCI, while NSA handles COMSEC and DOE handles RD.

For FOCI-mitigated companies, outside directors must be:

Answer: U.S. citizens eligible for a personnel security clearance with no prior ties to the foreign interest

Outside directors must be cleared-eligible U.S. citizens independent of the foreign interest.

What does DCSA require annually from companies operating under FOCI mitigation agreements?

Answer: An implementation and compliance report and an annual meeting with DCSA

FOCI-mitigated entities submit an annual compliance report and meet with DCSA to review compliance.

Visits between the cleared U.S. entity and its foreign parent under an SSA are generally:

Answer: Subject to approval and documentation per the affiliated operations and visitation procedures

Visits are permitted but must be approved and recorded under the mitigation agreement's procedures.

Which situation would most likely lead DCSA to conclude a company is under FOCI?

Answer: A foreign entity has power, direct or indirect, to direct management decisions affecting classified contracts

FOCI exists when a foreign interest has the power, whether or not exercised, to decide matters that could lead to unauthorized access.