The FOCI program regulates NNSA determinations to the degree of which a company is under foreign ownership, control, or influence. In accordance with 48 CFR Chapter 9, DOE Acquisition Regulation (DEAR), NNSA must obtain information about a company’s FOCI that is sufficient in making determinations regarding risk to the common defense and security of the United States.
the Office of Personnel and Facility Clearances and Classification (OPFCC) serves as the point of contact for NNSA regarding the FOCI Program. OPFCC is responsible for reviewing and rendering a FOCI determination as well as recommending a mitigation plan when applicable. A FOCI package consists of company proprietary information. Determinations are rendered after information is analyzed to determine whether or not companies or contractors are owned, controlled, or influenced by a foreign interest and whether the potential for undue risk may exist. A mitigation plan is recommended and required when various actions would be necessary to mitigate or negate the effects of the FOCI to a level deemed acceptable to the Federal Government. Once a FOCI determination is rendered, OPFC registers the facility in the Safeguards and Security Information Management System (SSIMS) and then notifies the appropriate NNSA Cognizant Security Office or NNSA field office.
References used by OPFCC to make FOCI determinations can be found in the following: