Hiring Overseas Contractor With Security Clearance In Pima
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In essence, if personnel working for a contractor require access to classified information in the performance of their duties, the contractor must have an FCL and the personnel must have personnel security clearances (PCLs).
The Standard Form 86 “Questionnaire for National Security Positions” (SF-86) is a background investigation form you need to fill out for a security clearance. The information provided on this form is used to determine whether you are reliable, trustworthy, of good conduct and character, and loyal to the U.S.
Contact is close and continuing; 2. Foreign contact is with applicant, applicant's spouse or applicant's cohabitant; 3. The contact/relationship falls within the last seven (7) years; and 4. There must be a bond of affect, influence, common interest and/or obligation.
Specify the security clearance level — e.g., Top Secret, Secret, or Confidential. Highlight the clearance most relevant to the job application, if you hold more than one active clearance. Be honest.
What are the consequences of failing to report unofficial foreign contact? Failing to report unofficial foreign contact for contractors under the security cognizance of the DoD could result in disciplinary action, up to and including the loss of your security clearance.
For DOE purposes, the term “close contact” with a foreign national is defined as a relationship that (a) involves bonds of affection and/or personal obligation, and/or (b) where the employee and the foreign national share private time together in a public or private setting where sensitive professional and personal ...
Section 19 – Foreign Contacts: Provide any foreign national whom you have, or have had, close and/or continuing contact with within the last seven years with whom you, or your spouse, or cohabitant are bound by affection, influence, common interest, and/or obligation.
Generally, you cannot apply for a security clearance on your own; you must be sponsored by a government agency or a company with a contract with the government. These entities must determine that your job requires access to classified information.
When considering can a US company hire a foreign independent contractor, it's crucial to know the necessary forms. Foreign independent contractors must submit IRS Form W-8BEN or W-8BEN-E to certify their foreign status and claim any applicable tax treaty benefits.
Conversely, if the independent contractor is not a US person and did not perform any of their services within the US, you will not be required to issue Form 1099. Instead, the foreign contractor will have to complete and file Form W-8BEN.