What criterion is used in determining if a company is under FOCI?
a. Record of economic and government espionage against US targets, b. Record of enforcement and/or engagement in unauthorized technology transfer, c. Type and sensitivity of information requiring protection, d. The source, nature and extent of FOCI, e. Record of compliance with pertinent US laws, regulations and contracts, f. Nature of bilateral and multilateral security and information exchange agreements, and g. Ownership or control, in whole or in part, by a foreign government. Back to top 6. Can non-US citizens serve as key management personnel at the company? No. Key Management Personnel are required to be processed for a personnel security clearance in conjunction with the FCL. Non-US citizens are not eligible for a personnel security clearance. (NISPOM, paragraph 2-104) Back to top 7. Can officers and/or directors of the foreign parent organization or one of its affiliates also serve as an officer and/or director of the cleared company? No. There can be no interlocking relations
