Limited Access Authorizations (LAA) for Non-U.S. Citizens
Non-U.S. citizens do not qualify for a security clearance. However, if a non-U.S. citizen requires access to U.S. classified information and meets the requirements of the 32 Code of Federal Regulations (CFR) 117.10(k), a Limited Access Authorization (LAA) no higher than the Secret level may be issued. An LAA enables a non U.S. citizen to have limited access to classified information, but the LAA is not a national security eligibility. Access to classified will be limited to a specific program or project and will be cancelled upon the completion of the program or project for which it was approved. 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 to the appropriate GCA.
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.
All LAA applications must include a completed DD Form 3134 endorsed by the program executive officer or equivalent official responsible for the contract.
The DD Form 3134 along with proof of foreign citizenship (i.e. passport), copy of disclosure determination or export license, and foreign security clearance certificate (if available) must be sent to DCSA via DoD Safe Access File Exchange, via fax to 571-305-6010, or email a scanned and secured pdf to dcsa.iab@mail.mil. A copy of the approved Technology Control Plan (TCP) must be submitted to our office prior to the LAA being granted.
Upon notification from DCSA that the application 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 DCSA 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 DCSA at dcsa.iab@mail.mil.
Reference: DoDM 5200.02 Procedures for the DoD Personnel Security Program
Reference: 32 Code of Federal Regulations (CFR) 117.8(c3)
Reference: 32 Code of Federal Regulations (CFR) 117.11(h1)
Reference: 32 Code of Federal Regulations (CFR) 117.10(k)
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 DCSA 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 template (template and instructions below), and foreign NATO security clearance certificate (if available), should be submitted to DCSA via email at dcsa.iab@mail.mil.
NATO Selection Letter Example
Personnel Security Clearance Information Sheet (PSCIS) Template
PSCIS Instructions
After DCSA receives the security assurance through government-to-government channels, the FSO will receive notification from DCSA. 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 DCSA 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. The assignment of an employee who is a foreign national, including intending citizens, outside the United States on programs that will involve access to classified information is prohibited.
Reference: 32 Code of Federal Regulations (CFR) 117.8(c3)
Reference: 32 Code of Federal Regulations (CFR) 117.19(e)
Reference: 32 Code of Federal Regulations (CFR) 117.19(f)
Reference: 32 Code of Federal Regulations (CFR) 117.19(g)(8)
Facility Security Clearance (FSC) Verification Requests of a Foreign Company
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 Authority (NSA).
*All FSC verifications must be obtained through government-to-government channels.
To request FSC verification for a foreign company, DCSA requires that FSOs provide the following detailed information on the FSCIS Template:
- Required Level of Facility Clearance
- Full Facility Name
- Full Facility Address
- Mailing address if different from above
- Security Contact Name
- Reason for the request (must include: contract name/number, program/project)
Facility Security Clearance Information Sheet (FSCIS) Template
Submit FSC verification requests to dcsa.iab@mail.mil.
All FSC Verifications need to be Re-Verified annually (by the originating facility)
A facility is required to notify their DCSA, Industrial Security Representative of any pre-contract negotiation or award not placed through a GCA that involves or may involve—
- The release or disclosure of U.S. classified information to a foreign interest
- Access to classified information furnished by a foreign interest
Reference: 32 Code of Federal Regulations (CFR) 117.8(c12)
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: 32 Code of Federal Regulations (CFR) 117.19(g)(21)
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: 32 Code of Federal Regulations (CFR) 117.19(g)(22)