The United States Department of Defense issues Security Clearances for businesses and companies. This type of Security Clearance is known as a Facility Security Clearance, or FCL. The Department of Defense requires that companies complete an extensive background investigation. Key Management Personnel, known as KMPs, must also complete an extensive background investigation. FCL Security Clearance applications are procedural and time consuming. A law firm experienced in FCL Security Clearance applications can be crucial to insuring a smooth Facility Security Clearance licensing process.

The most common reason for denial of a Facility Security Clearance is Foreign Interest. Foreign Interest can mean a variety of different things. However, the central theme of Foreign Interest is that a foreign national, foreign company or foreign nation has a business relationship with the company seeking an FCL to the point that a Security Clearance can be compromised. This is a very subjective determination that requires substantial determination and effort to dispel the notion of Foreign Interest.

If a Facility Security Clearance is approved, the Department of Defense will present an FCL Security Agreement. An FCL Security Agreement is contained in a DD Form 441. An FCL Security Clearance is subject to revocation for a variety of reasons. The most common reasons are a compromise in facility security and Foreign Involvement.

The denial or revocation of a Facility Security Clearance can mean the loss of millions of dollars in government contracts, particularly with the DOD. Issues with Facility Security Clearances can be avoided with effective legal representation from a Federal Administrative Law Defense Attorney.