The SF-86 asks if, “if you have, or have you had, close and/or continuing contact with a foreign national within the last seven (7) years with whom you, or your spouse, or legally recognized civil union/domestic partner, or cohabitant are bound by affection, influence, common interests, and/or obligation?” This question can be confusing because “close and continuing” is both subjective and vague/broad. Additionally, all four (4) things must be true: 1. 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. The applicant must consider the nature of the relationship when determining whether a disclosure is necessary. Some questions to consider are: Does this person know personal information about me or do we only share pleasantries when we infrequently communicate, do you socialize with this person outside of work, do you only passively follow this person on social media, or do you know the person is a foreign national (or just think s/he might be)? Whether these contacts are potentially problematic is dependent upon factors like the country of citizenship, the method, nature and frequency of contact, and the total number of foreign contacts disclosed.
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
