FOCI News and Updates

The Defense Security Service is in the process of updating the content on its Foreign Ownership, Control or Influence (FOCI) website. These updates are intended to support companies throughout the FOCI process and include additional information regarding the mitigation process and implementation procedures.

(04/30/12) New DSS FOCI Collocation Process
The Defense Security Service (DSS) recently revised the review process of Foreign Ownership, Control or Influence (FOCI) Collocations. The intent of the new process is to provide more transparency to Industry about DSS concerns associated with FOCI Collocation and improve consistency in the DSS assessment of FOCI Collocations. For more information, click here.

(2/8/12) Electronic Communications Plan (ECP) Sample
DSS released a Word document sample ECP to assist FOCI companies with a comprehensive example on how an ECP could be articulated and is not meant to replace or restrict ECP development as every ECP will be unique. When drafting your ECP, you must try to be as detailed and clear as possible to expedite the entire process. For more information regarding ECP development, contact your Industrial Security Representative.

(10/11/11) Updated Electronic Communications Plan (ECP) Release
DSS released an updated ECP template for use by facilities under foreign ownership, control or influence (FOCI) mitigation. DSS has updated the ECP Template based on an internal review of the document; feedback from Outside Directors/Proxy Holders; and feedback from Industry. This version replaces the previous ECP template released on 6/28/10.

ECP Summary of Changes:

  1. Clarification on Teleconference and Video Teleconference requirements (See sections 1, 17.1, and 17.3 of the ECP Template).
  2. Monitoring configuration changes and defining which ECP changes require prior approval by DSS (See section 8.1 and the addition of attachment 4 "ECP Revision Log").
  3. Export Control Procedures (Section 16). The addition of the sentence: "If a third party provider is administering the Company's network, please describe the Company's procedures in place to ensure that export control violations do not occur with respect to the third party provider's administration of the Company's network."
  4. Attachment 3 - The User Acknowledgement language has been revised to reflect that employees must be briefed on the purpose of the ECP and their responsibilities under the plan.

NEW Word document Download ECP Template here

(2/23/11) Notice Regarding Seven (7) Day Advanced Notice Requirement for Companies Operating Under a DSS Special Security Agreement (SSA) or Proxy Agreement(PA)
Many SSAs and Proxy Agreements require seven (7) days of advance notice for Outside Director or Proxy Holder visit approvals unless precluded by unforeseen exigencies. DSS requires advance approval of visits; however, defers to the Government Security Committee (GSC) to determine the appropriate advance notice required. Once the GSC has determined the suitable advance notice period for visit requests it must be formalized in writing to DSS. Furthermore DSS defers to the GSC on what constitutes an unforeseen exigency, so long as visits are approved in advance. Should you have any questions related to this issue, please contact your Industrial Security Representative.