Hiring Overseas Contractor With Security Clearance In Riverside

State:
Multi-State
County:
Riverside
Control #:
US-0028BG
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The Foreign Corrupt Practices Act of 1977 resulted from bribery of foreign government officials by Lockheed Aircraft Company. This Act is designed to prevent the bribing of foreign officials in order to obtain foreign government contracts. Payments to foreign officials for “facilitation,” often referred to as grease payments, are not prohibited under FCPA so long as these payments are made only to get officials to do their normal jobs that they might not do, or would do slowly, without some payment. These payments can be made only to secure a permit or license; obtain paper processing; secure police protection; provide phone, water, or power supply; or similar such actions.
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Before filing a complaint under the ICWPA, we recommend you contact the DoD Hotline at (800) 424-9098 for advice on filing procedures and timelines. This unclassified website cannot receive classified information. Please use the applicable classified DoD Hotline web pages listed above to submit your complaint.

Missing the reporting of foreign travel might seem trivial, but in the world of security clearances, it's a big deal. Continuous vetting (CV) will catch unreported foreign travel, potentially putting your clearance in jeopardy.

391. (iii) Reports involving classified foreign government information will be reported to the Director, Defense Technology Security Administration (DoD).

In essence, if personnel working for a contractor require access to classified information in the performance of their duties, the contractor must have an FCL and the personnel must have personnel security clearances (PCLs).

What are the consequences of failing to report unofficial foreign contact? Failing to report unofficial foreign contact for contractors under the security cognizance of the DoD could result in disciplinary action, up to and including the loss of your security clearance.

Individuals to whom these regulations apply must use Form DS-1887, Foreign Contact Report (available on MyData), to report all contacts for which reports are required. If the official duty station is a U.S. mission or post abroad, the report must be submitted to either the RSO or PSO.

US company hiring a foreign independent contractor living abroad. The US company doesn't need to report the payments they made to the foreign independent contractor to the IRS if they are not US-sourced income. The company also doesn't need to withhold any tax.

Conversely, if the independent contractor is not a US person and did not perform any of their services within the US, you will not be required to issue Form 1099. Instead, the foreign contractor will have to complete and file Form W-8BEN.

The Standard Form 86 “Questionnaire for National Security Positions” (SF-86) is a background investigation form you need to fill out for a security clearance. The information provided on this form is used to determine whether you are reliable, trustworthy, of good conduct and character, and loyal to the U.S.

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Hiring Overseas Contractor With Security Clearance In Riverside