The U.S. Government requires that all manufacturers, exporters, and brokers of defense articles, defense services or related technical data to have the proposed ITAR clearance and security levels for access to government facilities.
As government contractors, you want to ensure that you meet the ITAR clearance regulations, export control compliance, and certification requirements. Failure to meet these results can cause your company significant delay and headache.
This is especially true with security clearance loss of jurisdiction matters.
Non-U.S. citizens do not qualify for a security clearance. However, if you are a non-U.S. citizen or have an employee that requires access to federal classified information and meets the statutory requirements of the National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL) 2006-02, a Limited Access Authorization (LAA) no higher than the Secret level, may be issued.
At Watson & Associates, LLC, we realize that a government contractor can have a difficult time with ITAR facility clearance regulations and applying for required security clearances. Therefore, we have implemented legal services that assist clients with these difficult processes.
Legal Services for Various ITAR Security Clearance Levels
Our ITAR facility clearance regulations and compliance attorneys help clients to comply with the various regulations and training requirements. The law firm also helps with drafting all the ITAR security clearance regulations’ requirements and preparing the necessary certification documents including your Letter of Justification (LOJ) which requires compelling reason for not employing a cleared or clearable U.S. citizen; statement of the unusual expertise possessed by the applicant; statement that access will be limited to a specific government contract (specify the contract number); list of the specific material to which access is proposed (delineate as precisely as possible and identify any other GCA that may have jurisdiction over any of the material, if applicable); statement that the classified information to be accessed is approved for release to the person’s country of citizenship.
Facility Security Clearance (FSC) Verification Requests to Foreign Governments
There are unique circumstances when a U.S. cleared industry, will require Facility Security Clearance verification for potential foreign subcontracting companies performing subcontracting work overseas. An export authorization must be issued prior to the negotiation or award of a contract. Classification guidance shall be issued in the form of security aspects letter/security requirements checklist. Foreign facilities fall under the national laws and regulations of the respective National Security Agency (NSA).
Other Export Control and ITAR Consulting Services
- Technical Assistance Agreements,
- Commodity Jurisdiction Requests,
- Manufacturing License Agreements, and
- Voluntary Disclosures,
- Security clearance loss of jurisdiction matters
- Secret Clearance ITAR applications, and
- Export Control Compliance.
Our ITAR clearance attorneys are immediately available to help individuals and government contractor businesses by providing guidance and help you the entire security application process. We also represent clients in the revocation and appeals process. This includes:
- Preparation of response to the Statement of Reasons and Denial Letters
- Requests for Hearings
- Pre-Clearance Counseling for SF-86 and DD Form 1879 – Our attorneys can help to identify mitigating circumstances, and assist in drafting answers
- Preparation for interrogatories and investigative interviews
- Representation at post-denial hearings in front of the Defense Office of Hearing and Appeals including the appearance before federal courts and government agencies.
To speak with an export control lawyer about your ITAR facility clearance or ITAR security clearance matters, call our law office 1-866-601-5518 for a FREE initial consultation.
With law offices in Denver, CO and Washington, DC, our lawyers are geographically positioned to help contractors and individuals across the country with a wide range of matters related to ITAR facility clearance matters. This can range from training and compliance assistance to defense representation with ITAR and AECA violations and proactive guidance for small, medium or large government contractors.
ITAR Clearance & ITAR Application for Government Contractors
A government facility security clearance (FCL) is provided to a defense contractor as a result of a federal government contract requiring performance on a classified effort. If your company does not possess the requisite ITAR facility security clearance levels to conduct foreign traffic operations, you can end up being disqualified for the award. At Watson & Associates, ITAR application attorneys can provide detailed guidance and experience to help you to apply for, and maintain your government facility clearance.
Applying for an ITAR facility clearance should be taken seriously and conducted with care and strategy. Honesty throughout the application and renewal process is key. Oftentimes, failing to hold the required security clearance levels will lead to the loss of one’s job.
At Watson, our government facility clearance and export control practice group can help federal employees and government contractors to get the appropriate authorization and to stay compliant with their respective Export Control Regulation requirements. Learn about misrepresentation and omission of facts under ITAR and AECA.
Call Our Government Contracts for Your ITAR Clearance Application
Contact us online or call our law office at 1-866-601-5518 for a free confidential consultation about either your ITAR certification regulations, compliance or obtaining your ITAR clearance level for a federal government contract.