Facility Clearances and FOCI (DSS)

FH+H attorneys help government contractors obtain Facility Security Clearances (“FCL”) from the Defense Security Service (“DSS”) and mitigate foreign ownership, control, or influence (“FOCI”).

Services + Solutions 

Our FCL and FOCI team can help clients:

  • Develop an effective pre-award strategy for securing FCL sponsorship
  • Prepare the necessary documents for requesting FCL sponsorship
  • Integrate the FCL application process into transaction timelines
  • Determine whether they are subject to the FOCI provisions of the National Industrial Security Program Operating Manual (“NISPOM”)
  • Identify the most effective FOCI mitigation plan
  • Negotiate FOCI mitigation plans with DSS
  • Develop Special Security Agreements, Security Control Agreements, Proxy Agreements, Voting Trust Agreements and Board Resolutions to effectively mitigate FOCI

Experience + Capabilities

Whether your business is receiving a minority investment from a foreign individual or is being wholly-acquired by a foreign entity, FH+H can help ensure that your business continues to receive classified and top secret government contracts while it grows and develops.

  • FH+H has significant experience in the defense, intelligence, and homeland security sectors.
  • FH+H clients include many Government Contractors, ranging from start-ups to multi-billion dollar defense titans.
  • Through representing its Government Contractor clients, FH+H has developed an effective working relationship with DSS representatives.
  • Several FH+H lawyers have previously worked for Government Contractors.
  • FH+H has a SCIF capable of storing classified documents and handling classified communications.

Successes + Clients

Note: Case results depend on a variety of unique factors, and do not guarantee or predict similar results for future cases.

  • When a foreign private equity firm acquired a minority interest in a highly-cleared defense contractor, FH+H ensured that the FOCI remained mitigated post-transaction, thus preserving the contractor’s FCL.

To learn more about how FH+H lawyers can help with facility clearances and FOCI, please contact one of our professionals.