I received my TOL last week, and I got a glimpse of the SP-85 and I have a concern with section of foreign relationships. A immediate family was deported 4 years ago, and I have had close contact and no, she doesn't work for the government or any sort of political occupation. I'm sure it will cause some investigation, but will it disqualify me?
SECURITY CLEARANCE FOREIGN RELATIONS
- Thread starter darling16
- Start date
- Messages
- 2,529
- Facility
- Command Center
The short answer is no, however see below:
Foreign Contact Conditions
Close or continuing contact with you, your spouse, or cohabitant.
Close contact suggests that you have contact beyond saying "Hi, Merry Christmas" to that aunt from Brazil that your mom makes you call once per year around the holidays. A foreign contact should know you on a personal level and being family does not automatically mean that they do. In addition, someone who knows your personal information due to being extended family or something similar does not necessarily qualify them as a foreign contact. Another example is associates met online. Do you play Xbox games with a guy you met in a lobby five years ago? Great, does he know anything about you beyond your username? If not, he may meet the standard for continuing contact but not close contact.
Continuing contact is similarly defined. Do you talk to the foreign contact more than on birthdays and major holidays? Do you actually have their contact information saved or do your parents send it to you and tell you to reach out by text or email a couple times per year? Did you simply see this contact at a large family wedding or reunion a few years back and forgot about them even existing until you had to fill out your EQip form?
Bond of friendship, affection, influence, common interests, or obligation.
This second point is the most relevant to this definition, and also the one that confuses the most people. My employer as an investigator has explained this line as essentially meaning that a foreign contact should be someone to whom you are as close to as you are a sibling, parent, or closest of friends. This point is the one that disqualifies most people from needing to be listed as a foreign contact. That guy you play Steam games with and chat with on Discord? It doesn't matter that you talk every day because you are not bound by affection, influence, or obligation. If he were held hostage by a foreign government and you were contacted to provide our government's secrets in exchange for his release, would you comply? If that situation existed but it was your mom being held hostage, now would you comply? See the difference? While an extreme example, the point is to show that it is supposed to be a high burden someone must meet in order to list them as a foreign contact.
Contact within last 7 years.
This last point doesn't require much explanation. All I'll add to it is that this point is the first one to be met when considering if someone is a foreign contact. If you haven't spoken to someone in more than 7 years, stop thinking about listing them and move on with your form.
Additional thoughts
If you are unclear if someone should be listed as a foreign contact, err on the side of caution and list them (as with all categories on the EQip). When you are interviewed by your investigator, offer any additional information to them and let them know you weren't certain that the contact meets the burden necessary to be listed and let the investigator decide for you whether or not to keep this person on your EQip form.
If you don't have and are unable to obtain the information that the EQip form wants you to list about your foreign contact, it's highly likely that the person does not need to be listed per point #2 of the definition of a foreign contact.
If you list "to visit family and friends" for any foreign travel on your form, those family and friends should probably be listed as either relatives or foreign contacts. This is not set in stone though, use your judgement. If you saw family in India at a massive wedding and you haven't seen anyone at the party before or after the wedding, refer back to points #1 and #2 in the foreign contact definition.
Immediate family that is also qualified as foreign contacts do not need to be listed twice. List them in the relatives section, don't also put them in the foreign contacts section.
An investigator does not typically need to contact your foreign contacts but they will likely need to contact people who are aware of your relationships with your foreign contacts.
Having foreign contacts will not instantly disqualify you from obtaining a security clearance.
Foreign Contact Conditions
Now, let's break down this definition.
Close or continuing contact with you, your spouse, or cohabitant.
Close contact suggests that you have contact beyond saying "Hi, Merry Christmas" to that aunt from Brazil that your mom makes you call once per year around the holidays. A foreign contact should know you on a personal level and being family does not automatically mean that they do. In addition, someone who knows your personal information due to being extended family or something similar does not necessarily qualify them as a foreign contact. Another example is associates met online. Do you play Xbox games with a guy you met in a lobby five years ago? Great, does he know anything about you beyond your username? If not, he may meet the standard for continuing contact but not close contact.
Continuing contact is similarly defined. Do you talk to the foreign contact more than on birthdays and major holidays? Do you actually have their contact information saved or do your parents send it to you and tell you to reach out by text or email a couple times per year? Did you simply see this contact at a large family wedding or reunion a few years back and forgot about them even existing until you had to fill out your EQip form?
Bond of friendship, affection, influence, common interests, or obligation.
This second point is the most relevant to this definition, and also the one that confuses the most people. My employer as an investigator has explained this line as essentially meaning that a foreign contact should be someone to whom you are as close to as you are a sibling, parent, or closest of friends. This point is the one that disqualifies most people from needing to be listed as a foreign contact. That guy you play Steam games with and chat with on Discord? It doesn't matter that you talk every day because you are not bound by affection, influence, or obligation. If he were held hostage by a foreign government and you were contacted to provide our government's secrets in exchange for his release, would you comply? If that situation existed but it was your mom being held hostage, now would you comply? See the difference? While an extreme example, the point is to show that it is supposed to be a high burden someone must meet in order to list them as a foreign contact.
Contact within last 7 years.
This last point doesn't require much explanation. All I'll add to it is that this point is the first one to be met when considering if someone is a foreign contact. If you haven't spoken to someone in more than 7 years, stop thinking about listing them and move on with your form.
Additional thoughts
If you are unclear if someone should be listed as a foreign contact, err on the side of caution and list them (as with all categories on the EQip). When you are interviewed by your investigator, offer any additional information to them and let them know you weren't certain that the contact meets the burden necessary to be listed and let the investigator decide for you whether or not to keep this person on your EQip form.
If you don't have and are unable to obtain the information that the EQip form wants you to list about your foreign contact, it's highly likely that the person does not need to be listed per point #2 of the definition of a foreign contact.
If you list "to visit family and friends" for any foreign travel on your form, those family and friends should probably be listed as either relatives or foreign contacts. This is not set in stone though, use your judgement. If you saw family in India at a massive wedding and you haven't seen anyone at the party before or after the wedding, refer back to points #1 and #2 in the foreign contact definition.
Immediate family that is also qualified as foreign contacts do not need to be listed twice. List them in the relatives section, don't also put them in the foreign contacts section.
An investigator does not typically need to contact your foreign contacts but they will likely need to contact people who are aware of your relationships with your foreign contacts.
Having foreign contacts will not instantly disqualify you from obtaining a security clearance.
My wife is a British immigrant. I wondered if I was considered a security risk when I was going through. I disclosed everything and not even a phone call from an investigator. She or anyone in her family doesn't have any history of unlawful presence or deportation though.
Brotallion
Trusted Contributor
- Messages
- 69
I know a guy who owns a company in China. Visits regularly. Still has no issues on background investigations.
zedex
Active Member
- Messages
- 52
Background check or security clearance?
Brotallion
Trusted Contributor
- Messages
- 69
He has a secret.
SharkBait
Trusted Contributor
- Messages
- 408
Yeah, out of all the countries in the world that would be the least of their worries. I knew guy that married a girl from Russia and still got a clearance when we were stationed overseas together. Hes an Officer now, I even think he got a TS but not 100% on that one.
Phillytroll69
Forum Sage
- Messages
- 1,257
- Facility
- JNU Juneau Tower
Crazy innit
Similar threads
