BY ORDER OF THE COMMANDER AIR FORCE SPECIAL OPERATIONS COMMAND AIR FORCE SPECIAL OPERATIONS COMMAND INSTRUCTION 14-301 21 AUGUST 2009 Intelligence MARRIAGE TO, COHABITATION WITH, OR ASSOCIATION WITH FOREIGN NATIONALS BY PERSONS INDOCTRINATED FOR SENSITIVE COMPARTMENTED INFORMATION (SCI) COMPLIANCE WITH THIS PUBLICATION IS MANDATORY ACCESSIBILITY: Publications and forms are available for downloading or ordering on the e- Publishing website at www.e-publishing.af.mil. RELEASABILITY: There are no releasability restrictions on this publication. OPR: HQ AFSOC/A2S Certified by: HQ AFSOC/A2S (Mark Bunch) Supersedes: AFSOCI14-301, 12 May 2007 Pages: 16 This instruction implements direction provided in Intelligence Community Policy Guidance 704.2, Personnel Security Adjudicative Guidelines for Determining Eligibility for Access to Sensitive Compartmented Information and Other Controlled Access Program Information; DOD 5105.21-M-1, Department of Defense Sensitive Compartmented Information Administrative Security Manual, paragraph 2.L.; and AFMAN 14-304, The Security, Use and Dissemination of Sensitive Compartmented Information, paragraph 2.7. This instruction provides procedures for persons indoctrinated for Sensitive Compartmented Information (SCI), and wishing to marry, cohabit with, or associate with a foreign national to notify the appropriate security officials. It also describes the consequences for failure to follow these procedures. This instruction applies to all Air Force Special Operations Command (AFSOC) active duty military personnel, civilian employees, contractors, consultants and AFSOC-gained Air National Guard (ANG) and Air Force Reserve Command (AFRC) personnel, to Individual Mobilization Augmentees (IMAs) assigned to AFSOC, and to all other activities assigned to AFSOC. Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with Air Force Manual (AFMAN) 33-363, Management of Records, and disposed of in accordance with Air Force Records Information Management System (AFRIMS) Records Disposition Schedule (RDS) located at https://www.my.af.mil/gcss-af61a/afrims/afrims/. Refer recommended changes and questions about this publication to the Office of Primary
2 AFSOCI14-301 21 AUGUST 2009 Responsibility (OPR) using the AF Form 847, Recommendation for Change of Publication; route AF Form 847s through local publications/forms managers. SUMMARY OF CHANGES This instruction was revised substantially and should be read in its entirety. Changes include: Expansion of the scope of the instruction to include association with foreign nationals; eliminating the requirement for automatic suspension of access to classified and replacing it with debriefing for an indefinite period; and reducing the lead time for notification to 90 days. 1. Purpose. This instruction provides policy guidance for commanders as well as commandwide procedures and timelines for those SCI-indoctrinated persons who wish to marry or cohabit with or associate with a foreign national or with someone possessing dual-citizenship. This instruction also describes the actual and potential consequences to a military member s security clearance and/or career should marriage, cohabitation or association take place after a nonconcurrence on the formal notification of the member s intent to marry, to cohabit or to associate, or in cases where an SCI-indoctrinated person fails to notify the supporting Special Security Office in advance of the event. 2. Background. 2.1. Nothing in this instruction is intended to prevent marriage to, cohabitation with, or association with foreign nationals. 2.2. Nothing in this instruction supersedes or contradicts requirements found in Air Force Instruction (AFI) 36-2609, Marriage in Overseas Commands. 2.3. The purpose of this instruction is to protect the National Security interests of the United States. 2.4. Relationships and associations between SCI-indoctrinated persons and foreign nationals heightens concerns regarding their effect on the national security of the United States. 2.5. American citizens who plan to marry a foreign national while present in that person s country need to be aware that by doing so they may inadvertently acquire citizenship in that country or acquire dual citizenship status. This could raise issues of continuing eligibility for access to classified information. They should check with the local Judge Advocate and the American Embassy or Consulate before marrying in a foreign country. (See the United States State Department s web site for the most current information.) 3. Applicability. This instruction applies to all AFSOC active duty military personnel, civilian employees, contractors, consultants and AFSOC-gained Air National Guard (ANG) and Air Force Reserve Command (AFRC) personnel, to Individual Mobilization Augmentees (IMAs) assigned to AFSOC, and to all other activities assigned to Air Force Special Operations Command. For purposes of this instruction, when the term AFSOC is used, it includes all of the above. 4. Terms. 4.1. Association: For purposes of this instruction, association is defined as close, frequent contact with a foreign national or person with dual citizenship not resulting from official United States Government business. It includes relationships such as employer-employee
AFSOCI14-301 21 AUGUST 2009 3 (e.g., nannies, housekeepers, gardeners, etc. employed by SCI-indoctrinated persons as well as an SCI-indoctrinated person employed by a foreign national), foreign-born roommates (of either gender) outside of cohabitation (see below), as well as off-duty contact with foreign national friends/neighbors. Live-in arrangements with foreign nationals are a special concern. The term association does not include incidental contact with foreign nationals. 4.2. Cohabitant: The person with whom an individual shares a residence in any capacity or who lives in an intimate, spouse-like relationship outside of marriage. See cohabitation below. 4.3. Cohabitation: Sharing a residence or living in an intimate, spouse-like relationship outside of marriage. This includes any activity commonly defined as living together or moving in together. 4.4. Dual Citizenship: American citizenship and citizenship in another country simultaneously. Sometimes this is referred to as dual nationality. For example, a person might have American and German citizenship simultaneously. For purposes of this instruction, persons with dual citizenship are processed in the same manner as any other foreign national. 4.5. Foreign National: A citizen of any country other than the United States of America to include any alien (legal or illegal) within the United States of America, its territories or possessions. 4.6. Incidental contact: Unplanned contact resulting from residence or travel in a foreign country or with foreign nationals within the United States. 4.7. Special Security Office (SSO): The office tasked by the Headquarters AFSOC Senior Intelligence Officer (HQ AFSOC/A2) with responsibility for the receipt, control, accountability and management of all aspects of the security of all SCI and for overseeing the SCI security functions for subordinate SCIFs. There are only two SSOs in AFSOC: SSO CANNON and SSO AFSOC. SSO CANNON is responsible for the SCI program for all units assigned to, attached to, or tenant at Cannon Air Force Base. SSO AFSOC is responsible for all other AFSOC units/locations and is the MAJCOM SSO. 5. Policy. 5.1. SCI-indoctrinated AFSOC personnel will notify the supporting Special Security Office in advance of their planned marriage to, cohabitation with, or association with a foreign national. 5.2. The AFSOC Senior Intelligence Officer, the person responsible for the security of SCI within AFSOC, then will review all intended/actual marriages, cohabitations, and associations involving SCI-indoctrinated personnel and foreign nationals, and evaluate the effect of these relationships on the national security. Because of these security concerns, any marriage to, cohabitation with, or association with foreign nationals also will result in a formal reevaluation by the Air Force Central Adjudication Authority (AFCAF) of the indoctrinated individual s continued eligibility for access to SCI. (ICPG 704.2, DOD 5105.21-M-1, paragraph 2.L., and AFMAN 14-304, paragraph 2.7.)
4 AFSOCI14-301 21 AUGUST 2009 6. Procedures. 6.1. Individuals contemplating marriage to, cohabitation with or association with (i.e., establishing a relationship with) a foreign national: 6.1.1. Will submit a letter of notification to HQ AFSOC/A2 through their chain of command and supporting SSO at least 90 days in advance of the marriage, cohabitation or association. This letter will follow the format provided as Attachment 2 to this instruction and include all endorsements listed in the format. 6.1.2. Will submit a request for a Special Agreement Check (OFI Form 86C) on the foreign national through the local Information Protection office or Security Forces squadron. 6.2. Endorsers. Each person signing an endorsement to this notification: 6.2.1. Will carefully consider the potential effects of the marriage to, cohabitation with or association with a foreign national on the national security of the United States before concurring or non-concurring on the notification. 6.2.2. Will forward the notification to the next endorser regardless of whether they concur or non-concur. 6.2.3. Will list the reason(s) why they non-concur on a notification, if applicable. 6.3. Headquarters (HQ) AFSOC and 23 AF Staff Directors, and all Unit Commanders: 6.3.1. Before endorsing any request, HQ AFSOC and 23 AF staff directors, and unit commanders will counsel persons desiring to marry, to cohabit with, or to associate with foreign nationals regarding the possibility that continuing eligibility for their security clearance and SCI access may be adversely affected by these actions and that concurrence by HQ AFSOC/A2 does not guarantee a favorable eligibility decision by the AFCAF. 6.3.2. This counseling must be in writing and acknowledged by the individual intending to establish a relationship with the foreign national. The original will be forwarded to HQ AFSOC/A2S via the supporting SSO with copies provided to the individual and the commander/director counseling the individual. (The format for the counseling letter is provided as Attachment 3). 6.4. Information Protection Offices/Security Forces Squadrons. The local Personnel Security activity will submit the Special Agreement Check on the foreign national fiancé/fiancée, cohabitant or associate. 6.5. Joint Personnel Adjudication System (JPAS) Update. The supporting SSO will update the JPAS file on the individual concerned and forward such information to the AFCAF as appropriate. 6.6. Special Security Representatives (SSR) and/or SCI Managers (SCIM) will assist the requestor as needed. 7. Final Review. 7.1. Only the HQ AFSOC/A2 or the HQ AFSOC Deputy A2 will make the final review of a notification of intent to marry, to cohabit, or to associate with a foreign national. The
AFSOCI14-301 21 AUGUST 2009 5 standard for concurrence is that the benefit afforded to the United States national security interests by allowing continued SCI access must clearly outweigh any associated security risk. 7.2. Factors bearing on the HQ AFSOC/A2 review: 7.2.1. Include the personal background, employment, and ties to a foreign government of the fiancé/fiancée, cohabitant or associate as well as of all members of that person s immediate family. 7.2.2. Any connection to a foreign intelligence or counterintelligence activity will result in a non-concur from the HQ AFSOC/A2 due to security concerns. 8. Security Concerns. 8.1. If any endorser of the notification believes the marriage, cohabitation, or association would create an actual or potential conflict of interest with respect to the security of the United States or, creates a heightened risk of foreign inducement, manipulation, pressure or coercion, or that the foreign national may act to increase the member s vulnerability to possible future exploitation, inducement, manipulation, pressure, or coercion, he/she will non-concur on the notification. Their rationale will be included in the response sent to the requestor s commander/staff director. 8.2. If the HQ AFSOC/A2 non-concurs with the individual s notification of marriage to, cohabitation with, or association with a foreign national: 8.2.1. The supporting SSO will: 8.2.1.1. Immediately debrief the individual from access to SCI. JPAS will be updated to reflect O See Remarks as the reason for the debriefing and Member debriefed. An incident was opened due to Foreign Influence. 8.2.1.2. Initiate an incident report (WITHOUT SUSPENSION) in JPAS under the Foreign Influence category. 8.2.1.3. Inform the requestor s commander of the Security Information File (SIF) establishment and SCI debriefing by the most expeditious means available and request them to take action to complete the SIF action in accordance with Chapter 8, AFI 31-501, Personnel Security Program Management. 8.2.1.4. Forward all available information from the SIF to the AFCAF for readjudication. 8.2.1.5. Inform the member s commander of the SIF establishment in accordance with Chapter 8, AFI 31-501. 8.3. The member s commander/staff director will: 8.3.1. Inform the member in writing of the SIF establishment in accordance with Chapter 8, AFI 31-501. 8.3.2. Take action to complete the SIF in accordance with Chapter 8, AFI 31-501 and forward documentation to HQ AFSOC/A2S (SSO AFSOC) which will be the Servicing Security Activity described in AFI 31-501.
6 AFSOCI14-301 21 AUGUST 2009 8.3.3. Direct the unit security manager and/or special security representative to take action to remove the individual from local access lists to include Restricted and Controlled Areas and to notify all activities which require access to SCI as a precondition for access to their respective programs. (For example: Those responsible for Alternative Compensatory Control Measures (ACCM) programs, Special Access Programs, etc.) 9. Failure To Provide the Required Notification Before Marriage/Cohabitation. 9.1. If an SCI-indoctrinated individual marries, cohabits with or associates with a foreign national without notifying their chain of command and their supporting SSO as required by this instruction and does so knowingly, the unit commander/staff director must immediately: 9.1.1. Request establishment of a SIF. 9.1.2. Request the supporting SSO/SSR debrief the person from access to all classified information. The individual will remain debriefed until the AFCAF provides new eligibility for access to classified information. 9.2. If an SCI-indoctrinated individual provides less than the required 90 days advance notice of their intent to marry, to cohabit with, or to associate with a foreign national, the Air Force is not obligated to provide expedited processing of the notification and the individual proceeds at his/her own risk. 10. Miscellaneous. 10.1. Willful disregard of the requirements in this instruction may subject the individual to disciplinary or punitive action. 10.2. Willful disregard of the requirement to provide advance notice will weigh heavily in the evaluation of the SIF by the AFCAF. If the AFCAF decides to revoke the individual s eligibility for access to classified information (i.e., their security clearance), the individual may be subject to involuntary retraining and their continued retention by the Air Force may be at risk. 11. Prescribed and Adopted Forms. 11.1. Prescribed Forms. None. 11.2. Adopted Forms. AF Form 847, Recommendation for Change of Publication OFI Form 86C, Special Agreement Check MICHAEL A. CANNA, Colonel, USAF Director, Intelligence, Surveillance, and Reconnaissance
AFSOCI14-301 21 AUGUST 2009 7 References Attachment 1 GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION DOD 5105.21-M-1, Department of Defense Sensitive Compartmented Information Administrative Security Manual, 11 Aug 1998 AFI 31-501, Personnel Security Program Management, 27 Jan 2005 AFI 36-2609, Marriage in Overseas Commands, 11 Aug 1998 AFMAN 14-304, The Security, Use and Dissemination of Sensitive Compartmented Information (FOUO), 1 May 1999 AFMAN 33-363, Management of Records, 1 Mar 2008 Intelligence Community Policy Guidance 704.2, Personnel Security Adjudicative Guidelines for Determining Eligibility for Access to Sensitive Compartmented Information and Other Controlled Access Program Information, 2 Oct 2008 Abbreviations and Acronyms ACCM Alternative Compensatory Control Measures AFCAF Air Force Central Adjudication Authority AFI Air Force Instruction AFMAN Air Force Manual AFRC Air Force Reserve Command AFRIMS Air Force Records Information Management System AFSOC Air Force Special Operations Command ANG Air National Guard DOD Department of Defense HQ Headquarters IMA Individual Mobilization Augmentees JPAS Joint Personnel Adjudication System OPR Office of Primary Responsibility RDS Records Disposition Schedule SCI Sensitive Compartmented Information SCIM SCI Manager SIF Security Information File SSO Special Security Office SSR Special Security Representative
8 AFSOCI14-301 21 AUGUST 2009 Attachment 2 INTENT TO COHABITATE WITH/MARRY A FOREIGN NATIONAL [UNIT LETTERHEAD] [date] MEMORANDUM FOR [Local SSO if applicable] HQ AFSOC/A2S IN TURN FROM: [Individual s name and SSAN] SUBJECT: Intent to Cohabitate With/Marry a Foreign National 1. I intend to cohabitate with/marry/associate with [ full name of foreign national] on [date]. This person is a citizen of [country]. 2. Personal information on this person, as well as their immediate family follows below. [Provide for the foreign national s father, mother, all children and all brothers and sisters, and all grandparents. Add the same information for any aunts, uncles, nephews, nieces, or cousins employed by or connected to any foreign government or military force. Include all names/aliases used by each person. Duplicate tables for brothers/sisters/children or other relatives as required. If that person is deceased, enter Deceased and the date and place of death. Indicate N/A if the section does not apply to the person in question but do not delete unneeded sections. Add additional sections as needed.] INFORMATION ON THE FOREIGN NATIONAL INFORMATION ON THE FOREIGN NATIONAL S FATHER
AFSOCI14-301 21 AUGUST 2009 9 INFORMATION ON THE FOREIGN NATIONAL S MOTHER INFORMATION ON THE FOREIGN NATIONAL S BROTHER
10 AFSOCI14-301 21 AUGUST 2009 INFORMATION ON THE FOREIGN NATIONAL S SISTER INFORMATION ON THE FOREIGN NATIONAL S CHILD INFORMATION ON MATERNAL GRANDMOTHER OF THE FOREIGN NATIONAL
AFSOCI14-301 21 AUGUST 2009 11 INFORMATION ON MATERNAL GRANDFATHER OF THE FOREIGN NATIONAL INFORMATION ON PATERNAL GRANDMOTHER OF THE FOREIGN NATIONAL
12 AFSOCI14-301 21 AUGUST 2009 INFORMATION ON PATERNAL GRANDFATHER OF THE FOREIGN NATIONAL INFORMATION ON OTHER LIVING RELATIVES OF THE FOREIGN NATIONAL RELATIONSHIP TO FOREIGN NATIONAL 3. Describe the nature, frequency and extent of contact with the immediate family of intended spouse / cohabitant / partner / associate: 4. I am / am not currently cohabiting with this person. [Cross out words which do not apply.] 5. This person does / does not reside in my home. [Cross out words which do not apply.] 6. A Special Agreement Check (SAC) (OFI Form 86C) has / has not been initiated on this person. [Cross out words which do not apply. List date SAC was initiated through the local Information Protection office or Security Forces Squadron, if applicable.] 7. Remarks: [Add if needed.]
AFSOCI14-301 21 AUGUST 2009 13 8. I understand that under HQ AFSOC/A2S policy, cohabitation with, marriage to, or association with a foreign national without concurrence of HQ AFSOC/A2 constitutes grounds for my immediate debriefing from access to Sensitive Compartmented Information (SCI) and all other classified information pending a formal reevaluation of my continued eligibility for access to SCI and other classified information by a competent adjudication authority. (DOD 5105.21-M-1, paragraph 2.L. and AFMAN 14-304, paragraph 2.7) I also understand that even with AFSOC/A2 concurrence, the Air Force Central Adjudication Facility may decide to withdraw my eligibility for access to SCI as well as to all other classified information. 9. All of the information I have provided is current and correct to the best of my knowledge. 10. I understand that there are legal penalties for knowingly making a false official statement. 11. My contact information: [Your name, telephone number, e-mail address, etc.] YOUR NAME, RANK UNIT cc: NGB/A2-SSO [National Guard personnel only] [Note: Any endorser non-concurring must list the reasons for that decision.] 1st Ind, [Supervisor s office symbol] [date] I concur / nonconcur with the above individual s proposed actions. YOUR SUPERVISOR S SIGNATURE BLOCK 2nd Ind, [Senior intelligence officer s office symbol] [date] I concur / nonconcur with the above individual s proposed actions. YOUR SENIOR INTELLIGENCEOFFICER S SIGNATURE BLOCK
14 AFSOCI14-301 21 AUGUST 2009 3rd Ind, [Staff director/unit commander s office symbol] [date] 1. I concur / nonconcur with the above individual s proposed actions. 2. I have personally counseled this person in writing regarding the possibility that continuing eligibility for his/her security clearance and for SCI access may be adversely affected by marriage to/cohabitation with a foreign national. SIGNATURE BLOCK FOR STAFF DIRECTOR OR UNIT COMMANDER 4th Ind, [Supporting Special Security Office s office symbol] [date] I concur / nonconcur with the above individual s proposed actions. SPECIAL SECURITY OFFICER S SIGNATURE BLOCK
AFSOCI14-301 21 AUGUST 2009 15 ATTACHMENT 3 COUNSELING REGARDING THE POTENTIAL EFFECTS ON ELIGIBILITY FOR ACCESS TO CLASSIFIED INFORMATION RESULTING FROM MARRIAGE TO / COHABITATION WITH, OR ASSOCIATION WITH A FOREIGN NATIONAL [UNIT LETTERHEAD] [date] MEMORANDUM FOR: [RANK, NAME & SSAN OF INDIVIDUAL] FROM: [Unit Commander / Staff Director] SUBJECT: Counseling Regarding the Potential Effects on Eligibility for Access to Classified Information Resulting From Marriage to / Cohabitation With, or Association With A Foreign National 1. You have informed me of your intention to marry, cohabit or associate with a foreign national. This memorandum serves as an official record that you have been counseled on the potential consequences which may result from this action. 2. Your eligibility for continued access to Sensitive Compartmented Information (SCI) and other classified information will be reevaluated by the Air Force Central Adjudication Facility (AFCAF). Three options are available to the AFCAF: a. Recertify your eligibility for access to SCI. b. Downgrade your eligibility and grant access to classified information to a lower level. c. Determine you are ineligible for access to classified information at any level. 3. Your record in the Joint Personnel Adjudication System will be updated to reflect your marriage to, cohabitation with, or association with a foreign national. This update may adversely affect your future access to various U.S. government facilities to include military installations because the file will indicate your eligibility for access to classified information is being reevaluated. Policies concerning access to certain Department of Defense and other U.S. government facilities are made by the various activities charged with the security of those facilities. 4. HQ AFSOC/A2 is the final reviewer of your notification to marry, cohabit with, associate with a foreign national. The decision of the HQ AFSOC/A2 is separate and distinct from any decision by the AFCAF. Factors bearing on the HQ AFSOC/A2 s decision to concur or non-concur include (but are not limited to): a. The personal background, employment, and ties to a foreign government of the foreign national as well as of all members of their immediate family. b. A connection to a foreign intelligence or counterintelligence activity. (This will likely result in a non-concurrence on the request.)
16 AFSOCI14-301 21 AUGUST 2009 5. If the HQ AFSOC/A2 non-concurs (i.e., the HQ AFSOC/A2 determines that your planned relationship with a foreign national would adversely affect the national security), any or all of the following may happen depending upon the circumstances of the requestor s situation: a. Establishment of a Security Information File (SIF), debriefing from SCI access and/or all access to classified information. b. I will be notified of the SIF and the debriefing from SCI access and/or all classified information. c. Filing of an incident report in JPAS. 6. If you proceed with the marriage, cohabitation, or association after HQ AFSOC/A2 non-concurs: a. A Security Information File (SIF) will be established and you will be debriefed from all access to classified information. b. An incident report will be filed in the Joint Personnel Adjudication System. 7. If your eligibility for access to classified information is downgraded by the AFCAF, you may become ineligible to retain your current Air Force Specialty Code and/or become ineligible for deployment. If your eligibility for access to classified is revoked, you could be involuntarily separated from the Air Force. 8. You will receive a copy of this signed memorandum. UNIT COMMANDER/STAFF DIRECTOR SIGNATURE BLOCK 1st Ind, [Your office symbol] [date] MEMORANDUM FOR [Unit commander s office symbol] 1. I understand / do not understand [circle appropriate words] all of the above information and accept the potential consequences of this marriage to or cohabitation/association with a foreign national. 2. Any questions I may have had were answered / were not answered [circle appropriate words] to my satisfaction and I have received a copy of this signed memorandum. cc: HQ AFSOC/A2S (original) Individual Director/Unit CC NGB/A2-SSO [National Guard personnel only] YOUR SIGNATURE BLOCK