The Security Control Agreement serves as a critical tool in U.S. national security infrastructure, specifically designed for situations where companies with foreign ownership or investment require access to classified information or contracts. This agreement type emerged from the need to balance national security interests with international business operations. It provides a framework for implementing and maintaining security controls, reporting mechanisms, and governance structures that satisfy federal requirements while allowing business operations to continue. The agreement must comply with NISPOM, FIRRMA, and other relevant federal regulations, and is typically required when foreign ownership or control exists but does not warrant a more restrictive Proxy Agreement or Voting Trust Agreement.
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1. Parties: Identifies the contracting parties and their legal status
2. Background: Explains context and purpose of the security control agreement
3. Definitions: Defines key terms used throughout the agreement including relevant regulatory terminology
4. Security Controls: Details specific security measures and controls to be implemented in accordance with NISPOM and other relevant regulations
5. Governance Structure: Outlines management and oversight arrangements including security officer appointments and responsibilities
6. Compliance Requirements: Specifies regulatory compliance obligations including reporting and audit requirements
7. Term and Termination: Duration of the agreement and conditions for termination or modification
1. Export Control Provisions: Special provisions for handling ITAR and EAR controlled items and information
2. Government Contracts Requirements: Additional security requirements specific to government contractors
3. Foreign Ownership Provisions: Enhanced controls and reporting requirements for foreign-owned entities
1. Security Control Matrix: Detailed matrix outlining specific security controls, responsible parties, and implementation requirements
2. Authorized Personnel List: Schedule of individuals authorized to access controlled information and their security clearance levels
3. Facility Security Plan: Comprehensive plan detailing physical security measures and access controls
4. Reporting Requirements Schedule: Detailed schedule of required security reports, frequency, and submission procedures
5. Technology Control Plan: Specific measures for protecting controlled technology and data, including cybersecurity requirements
Relevant legal definitions
Affiliate
Agreement
Board of Directors
Classified Information
Controlled Information
DCSA
Effective Date
Export Controlled Information
Facility Clearance
Facility Security Officer (FSO)
Foreign Interest
Foreign National
Foreign Ownership, Control or Influence (FOCI)
Government
Inside Director
Key Management Personnel (KMP)
National Industrial Security Program (NISP)
NISPOM
Outside Director
Parent
Personnel Security Clearance
Restricted Information
Security Clearance
Security Controls
Security Officer
Security Violation
Subsidiary
Technology Control Plan (TCP)
U.S. Person
Voting Securities
Agreement
Board of Directors
Classified Information
Controlled Information
DCSA
Effective Date
Export Controlled Information
Facility Clearance
Facility Security Officer (FSO)
Foreign Interest
Foreign National
Foreign Ownership, Control or Influence (FOCI)
Government
Inside Director
Key Management Personnel (KMP)
National Industrial Security Program (NISP)
NISPOM
Outside Director
Parent
Personnel Security Clearance
Restricted Information
Security Clearance
Security Controls
Security Officer
Security Violation
Subsidiary
Technology Control Plan (TCP)
U.S. Person
Voting Securities
Clauses
Security Controls and Procedures
Governance Structure
Voting Rights
Board Composition
Access to Information
Export Control Compliance
Personnel Security Requirements
Facility Security
Information Technology Security
Reporting Requirements
Visitation Procedures
Record Keeping
Compliance Monitoring
Communications Protocol
Government Contracts
Classified Information Protection
Security Violations and Remedies
Changes in Ownership
Amendment Procedures
Term and Termination
Representations and Warranties
Indemnification
Dispute Resolution
Governing Law
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Counterparts
Governance Structure
Voting Rights
Board Composition
Access to Information
Export Control Compliance
Personnel Security Requirements
Facility Security
Information Technology Security
Reporting Requirements
Visitation Procedures
Record Keeping
Compliance Monitoring
Communications Protocol
Government Contracts
Classified Information Protection
Security Violations and Remedies
Changes in Ownership
Amendment Procedures
Term and Termination
Representations and Warranties
Indemnification
Dispute Resolution
Governing Law
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Counterparts
Relevant Industries
Relevant Teams
Relevant Roles
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