Are We All Clear? Facilitating Security Clearances

Navigating the Updated SF-328 Form

In the 22nd episode of "Are We All Clear? Facilitating Security Clearances," host Marina O'Brien [https://www.hklaw.com/en/professionals/o/obrien-marina-veljanovska] is joined by Washington, D.C., International Trade attorney Andrew McAllister [https://www.hklaw.com/en/professionals/m/mcallister-andrew-k] to help break down the Defense Counterintelligence and Security Agency's (DCSA) changes to the Standard Form 328 (SF-328), also known as the Certificate Pertaining to Foreign Interest. Mr. McAllister explains that the main goals of the updates are to reduce processing timelines by placing an emphasis on more thorough submissions as well as align with the expanded efforts to assess and mitigate foreign ownership, control or influence (FOCI) following the implementation of Section 847 of the National Defense Authorization Act (NDAA). One of the most significant changes to the document is in Question B, where the threshold of foreign revenue has been lowered from 30 percent to 15 percent, which will qualify a much higher number of companies. Importantly, Mr. McAllister clarifies that listeners who have previously submitted documents should not be alarmed — if you submitted or signed an SF-328 form prior to May 12, 2025, the old form is acceptable — but moving forward, any new actions must be conducted using the new form.

A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community

In this episode of "Are We All Clear? Facilitating Security Clearances," host Marina O'Brien [https://www.hklaw.com/en/professionals/o/obrien-marina-veljanovska] talks with Robert A. Friedman [https://www.hklaw.com/en/professionals/f/friedman-robert-andrew], co-head of Holland & Knight's International Trade practice and a leader of the firm's National Security & Defense Industry Group, about intelligence community (IC) security clearances. They discuss how IC clearances differ from the processes used by the U.S. Department of Defense (DOD) and Defense Counterintelligence and Security Agency (DCSA), highlighting that IC clearances are contract-specific, often less prescriptive and can vary depending on the assigned contracting officer. In addition, both use similar documentation and focus heavily on foreign ownership, control or influence (FOCI) analysis, but IC tends to be more cautious with foreign investors outside U.S. allies. Mr. Friedman recommends companies be as transparent as possible and seek legal counsel when filling out clearance applications and also reminds the listeners that there is a newly updated SF-328 form that requires more detailed information and diligence in the clearance process.

The "I" in FOCI and AI: Innovation, Intelligence, Influence

In the 20th episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey [https://www.hklaw.com/en/professionals/o/ocasey-molly-b] is joined by John Metz, a product manager at Agile Defense, and Antonia Tzinova [https://www.hklaw.com/en/professionals/t/tzinova-antonia-i], the head of Holland & Knight's CFIUS and Industrial Security Team. The trio discusses the impact of artificial intelligence (AI) in the industrial security space and its potential to help companies mitigate risks of Foreign Ownership, Control or Influence (FOCI), insider threats and cybersecurity challenges. Mr. Metz touches on some helpful aspects of AI, such as automated red teaming, supply chain risk management and identifying potential intellectual property (IP) theft. However, he also clarifies that there are more dangerous uses of this technology, in particular deepfakes and autonomous malware development. Overall, the group agrees that AI needs to continue being used and developed and emphasizes that it should be viewed as a tool instead of a human replacement.

What Are Joint Ventures and When Should They Get Cleared?

In this episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey [https://www.hklaw.com/en/professionals/o/ocasey-molly-b] speaks with Washington, D.C., International Trade attorney Andrew McAllister [https://www.hklaw.com/en/professionals/m/mcallister-andrew-k] about joint ventures and how they interact with facility security clearances (FCL's). Mr. McAllister reviews the different types of joint ventures and breaks down the eligibility requirements for obtaining an FCL. He clarifies that not every joint venture needs a facility security clearance and covers various factors to help companies determine whether they should pursue the application process. Finally, Mr. McAllister points out common issues joint ventures face when seeking clearance, such as lack of visibility, foreign ownership, control or influence (FOCI), and administrative burdens.

Reflecting on Careers in National Security Law

In the latest episode of "Are We All Clear? Facilitating Security Clearances," guest host Marina O'Brien [https://www.hklaw.com/en/professionals/o/obrien-marina-veljanovska] talks to fellow Holland & Knight International Trade Associates Molly O'Casey [https://www.hklaw.com/en/professionals/o/ocasey-molly-b] and Caroline Howard [https://www.hklaw.com/en/professionals/h/howard-caroline-g] about their roles as national security lawyers. They discuss their individual career paths and what inspired them to join the field as well as what prepared them for it. They also highlight the importance of their job and how passionate they are about safeguarding essential American infrastructure from foreign threats, adding this responsibility comes with many challenges, such as navigating complex regulations, compliance processes and protecting classified information. The three attorneys concur that there is no best route to enter this area of practice as long as you are willing to work hard and continually learn.