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DOD/OS RIN: 0790-AI71 Publication ID: Spring 2018 
Title: National Industrial Security Program: Procedures for Government Activities Relating to Foreign Ownership, Control, or Influence (FOCI) 
Abstract:

This part sets forth industrial security procedures and practices related to foreign ownership, control, or influence (FOCI) for U.S. Government activities to ensure maximum uniformity and effectiveness in DoD implementation of the National Industrial Security Program (NISP), in accordance with Executive Order 12829. DoD allows foreign investment consistent with the national security interests of the United States, as established by Executive Order 11858. DoD FOCI procedures are used to protect against foreign interests gaining unauthorized access to classified, export-controlled, or all communications security information (classified or unclassified), adversely affecting the performance of classified contracts, and undermining U.S. security and export controls.

The interim final rule currently in effect now duplicates a proposed amendment to 32 CFR Part 2004, NISP Directive” by the National Archives and Records Administration (NARA). The Director of NARA’s Information Security Oversight Office (ISOO) is responsible for implementing and monitoring Executive Branch implementation of the NISP, and the content of part 117 is more appropriately addressed in part 2004.  Once the amendment to part 2004 is complete, this final rule will remove part 117.

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 32 CFR 117   
Legal Authority: E.O. 12829   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  04/09/2014  79 FR 19467   
Interim Final Rule Effective  04/09/2014 
Interim Final Rule Comment Period End  06/09/2014 
Final Action  11/00/2018 
Additional Information: Repeal once 32 CFR part 2004 is revised. DoD Manual 5220.22 volume 3, "National Industrial Security Program: Procedures for Government Activities Relating to Foreign Ownership, Control or Influence (FOCI)"
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Valerie Heil
Industrial Security Specialist
Department of Defense
Office of the Secretary
5000 Defense Pentagon, Room 1A866,
Washington, DC 20301-5000
Phone:703 692-3754
Email: valerie.l.heil.civ@mail.mil