DSS Implements New Requirements for Issuing Facility Security Clearances

The US Department of Defense’s Defense Security Service (DSS) is moving towards a new procedure in connection with issuing facility security clearances (FCL) to companies under foreign ownership, control or influence (FOCI). In addition to establishing the necessary FOCI mitigation plan (i.e., a Proxy Agreement, Special Security Agreement (SSA) or Security Control Agreement (SCA)), a company seeking to obtain an FCL now must also obtain DSS approval for, and implement, an Electronic Communications Plan (ECP), Technology Control Plan (TCP) and, if applicable, Affiliated Operations Plan (AOP) prior to the FCL being issued. Previously, FCLs would be issued shortly after the Proxy Agreement, SSA or SCA was executed by DSS, with drafts of the ECP, TCP and AOP due to DSS within 45 days of the FOCI mitigation agreement taking effect.