Employees are subject to reinvestigation based on their level of security clearance. Yup, I agree with the judges ruling. If your spouse has Can family members affect security clearance from the DoD? Attorney Sean M. Bigley represents clients worldwide in security clearance denials, revocations, and the security clearance application process. Click Here For a No Obligation, Always Confidential Consultation. For government workers, military personnel, and defense contractors, a security clearance determines their eligibility to continue to build a career. ensure the proper functioning of our Those issues would likely only be an issue of the applicant was involved in some way. If you have enabled privacy controls on your browser (such as a plugin), we have Privacy Policy. Still, they do not correct your errors because you signed the SF86/eQip. The term used for disqualifying an applicant is excessive indebtedness.. determining the most relevant content and advertisements to show you, and to monitor site traffic and They asked asked about people I associate with doing drugs. Will my clearance be transferable to other federal agencies? . In some cases, a single arrest can disqualify an applicant. and our In some cases, background investigations may be forwarded to a Department of State Human Resources suitability panel. In fact, the mere existence of a family member under certain circumstances can preclude or limit a security clearance. An investigative arm of the US Department of Defense (DoD) conducts security investigations for all federal employees to determine their reliability, character, conduct, and trustworthiness. A lot of detailed information is required to conduct a background investigation. This website is an attorney advertisement. At Cask Government Services, we have the expertise and security designations to help our clients realize their transformation plans. What happens if Im denied a security clearance? visiting for our advertising and marketing efforts. Contact us today for the attention your situation demands. However, they may receive limited access to information marked confidential or secret if the request meets documented standards. Can family members affect security clearance from the DoD? The overarching concern that agencies have with respect to National Security Adjudicative Guideline B Foreign Influence is whether or not your contact with a foreign national and/or your financial interest in a foreign country could lead you to compromise classified or sensitive information. SCI access is granted for set periods, although there is no limit to the authorized time. During the polygraph phase I was asked about drug use, to which I admitted (also on my SF86) of use over 10 years ago when I was a kid (marijuana experimentation less than 10 times total). DSS shall grant national security eligibility only when the information demonstrates that such eligibility is clearly consistent with the interests of the United States. Ultimately, the choices security clearance holders must make in this regard are rarely as extreme as some applicants think. A Department of Energy (DOE) contractor found this out recently when the administrative judge denied her appeal requesting reinstatement of her clearance. We also share information about your use of our site with our social media, advertising These investigations focus on the following: The investigators assess individual vulnerabilities that may be used to gain access to classified materials. The applicant applied for U.S. citizenship as soon as they became eligible; Expresses an interest to permanently reside in the U.S.; Participates in their local community; and. Join the discussion that Marko Hakamaa started. ClearanceJobs is a DHI service. Coordinator for the Arctic Region, Deputy Secretary of State for Management and Resources, Office of Small and Disadvantaged Business Utilization, Under Secretary for Arms Control and International Security, Bureau of Arms Control, Verification and Compliance, Bureau of International Security and Nonproliferation, Under Secretary for Civilian Security, Democracy, and Human Rights, Bureau of Conflict and Stabilization Operations, Bureau of Democracy, Human Rights, and Labor, Bureau of International Narcotics and Law Enforcement Affairs, Bureau of Population, Refugees, and Migration, Office of International Religious Freedom, Office of the Special Envoy To Monitor and Combat Antisemitism, Office to Monitor and Combat Trafficking in Persons, Under Secretary for Economic Growth, Energy, and the Environment, Bureau of Oceans and International Environmental and Scientific Affairs, Office of the Science and Technology Adviser, Bureau of the Comptroller and Global Financial Services, Bureau of Information Resource Management, Office of Management Strategy and Solutions, Bureau of International Organization Affairs, Bureau of South and Central Asian Affairs, Under Secretary for Public Diplomacy and Public Affairs, U.S. One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. of date rape when you were 16 can hinder a security clearance. Does having a security clearance guarantee employment with the Department of State? A security clearance is essential for many individuals in the workforce,, No divorce is straightforward. What Is the 10/10 Rule in Military Divorce? can choose not to allow certain types of cookies, which may impact your experience of the site and the What Is the UCMJ, and What Types of Offenses Does It Cover? to learn more. Public trust determinations are requested for applicants whose positions will require access to information at the high- or moderate-risk levels, based upon duties and responsibilities of the position. You can set your browser to block or alert you about these cookies, but some parts She never bought, possessed personally, or did any of this around me, and never in my house. This article is intended as general information only and should not be construed as legal advice. An ex-spouse may be contacted in the course of a background investigation, and your legal filings in divorce court may be used by your background investigator in the course of your investigation. that may be used to gain access to classified materials. Foreign-born spouses are definitely one of the more common instances of a spouse negatively impacting a security clearance, but its worth noting that just because your spouse or cohabitant is from a foreign country doesnt mean your chances of obtaining a clearance are moot youll just need to do extra work to show that your spouse has more ties to the U.S. than their country of origin. Your email address will not be published. For example, if you share a credit card or loan account with your spouse and it is in default, your credit rating could be affected as well. What is a public trust? Government Shutdown Is on the Horizon, Pelosi Says. Thus, if a bond of affection, influence, common interest, and/or obligation does not exist, then the applicant is not required to list the foreign national, regardless of whether or not their contact is close and/or continuing. Each level has protocols outlining how the classified information should be handled. On the other hand, putting a little distance between yourself and the family member(s) at issue is certainly helpful. A public trust background investigation will include many aspects of a full security clearance investigation. Can you get a DoD security clearance with a misdemeanor? When will national security eligibility be granted? bankruptcy, and it will search for any history of We do not allow you to opt-out of our certain cookies, as they are necessary to able to use or see these sharing tools. A security clearance allows an individual filling a specific position to have access to classified national security information up to and including the level of clearance that they hold as long as the individual has a "need to know" the information and signed a non-disclosure agreement. Socializes with individuals outside of their ethnic group. Hardly. Having family members or close friends who are not residents or citizens of the U.S.; Having connections to foreign individuals, groups, or governments that could create a potential conflict of interest; Failing to properly report associations with foreign individuals, groups, or governments; The existence of counterintelligence information which reveals that a persons access to classified information could pose a risk to national security; Cohabitating with individuals that who are influenced by a foreign government; Having substantial business, financial, or property interests in a foreign country; Associating with known or suspected foreign intelligence agents; Any indications that foreign individuals are attempting to increase an individuals vulnerability to future acts of coercion, manipulation, or inducement; and. Your email address will not be published. Instead, always check the box for I dont know if you are unsure of the answers to any of those questions. On the other hand, listing a foreign national that an applicant should not have listed on the SF86 it will be difficult to later dispel that a bond exists. Will this affect my chances of getting a clearance? The individuals have undergone the same security investigations as federal employees. When does this happen? The investigator may conduct a face-to-face interview the candidate as part of the process. She reported her relationship with the man to her security officer, and was very careful to follow all laws in her visits with, and subsequent efforts to obtain permanent U.S. residency for, her spouse. DSS only releases information about the status of an investigation directly to the subject of a Department of State investigation or the hiring authority. The bottom line? performance, so that we may improve our websites and your experience. A favorable interim determination allows the applicant to start working before the full background investigation is complete and before DSS grants the final national security eligibility determination. Mr. Leckie was the first person I communicated with after my initial incarceration. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The process usually involves rounding up the offender plus all his family members and summarily executing them. The moral of this story? Different security levels indicate the types of information that individuals may access. Yes, I want to receive occasional updates from partners. Lindy Kyzer is the director of content at ClearanceJobs.com. In contrast, if you share an account with your spouse and your own credit history is negatively affected as a result of their debt, it could have a larger impact on your security clearance application. I have to believe that the biggest issue here was her failure to take any real and serious action. Rights link. We will evaluate your situation and help you come up with an approach that best suits your needs. Private citizens that work for the US Department of Defenses (DoD) or its contractors are required to receive security clearances. In todays volatile job market, its important to remember that being let go from a contract or fired for company reasons (not punitive ones) clearly has no bearing on your security clearance eligibility. Call us today at 757-317-5125 or contact us online for a confidential consultation. The Defense Department of Hearings and Appeals affirmed the denial, and the judge specifically cited allowing his spouse to manage all finances was an example of poor judgment, and not the level of responsibility expected of a clearance holder. If you have a federal security clearance or need one for the course of your duties, you need to make your spouse aware that his or her actions have a direct effect on your employability. All Executive Branch agencies use these guidelines when rendering a national security eligibility determination. The individuals have undergone the same security investigations as federal employees. The guidelines are defined in the Security Executive Agent Directive (SEAD) 4: National Security Adjudicative Guidelines and are the single common criteria used to evaluate all individuals who require national security eligibility. If you opt out we will not be able to offer you personalised ads and technologies for the following purposes: We do not allow you to opt-out of our certain cookies, as they are necessary to Thus knowing or intentional marijuana possession is illegal, even if an individual has no intent to manufacture, distribute, or dispense marijuana.. Admitted in New Jersey, New York, Hawaii, California, Ohio, Minnesota and Washington D.C. as well as federal agencies and tribunals. If the information is disclosed without authorization, then it may cause exceptionally grave damage to national security. Low-risk/non-sensitive determinations are requested for applicants whose positions have low-risk levels, based upon duties and responsibilities of the position. These cookies are not used in a way that constitutes a sale of Is there an appeal process? As a result, individuals seeking employment or companies doing business with the federal government each need security clearance from the DoD. If your request for security clearance has been denied, dont feel like you have no further say in the matter and that you will never receive the clearance you need. In some cases, a single arrest can disqualify an applicant. Security Executive Agent Directive 4, National Security Adjudicative Guidelines, Office of the Special Envoy for Critical and Emerging Technology, Office of the U.S. A better measure may be the debt-to-income ratio, which is determined by dividing the total monthly debt by your monthly income. In fact, a number of resources are available to help you do just that. Eric works extremely hard and I wouldnt expect anything less from a "Devil Dog". I was reading through the documents and was this. Their loyalty to the United States must be consistent with the needs of national security. 147.4, Guideline B, Foreign Influence. If an applicants interim determination is denied, additional investigative work must take place prior to a final determination. Can family members affect security clearance? internet device. You arent going to get very far arguing the constitutionality of guilt by association in a security clearance denial case. for all federal employees to determine their reliability, character, conduct, and trustworthiness. Many of these types of cases can be mitigated, but it is important to treat them seriously because many security clearances are denied on the basis of possible foreign influence. Will My Family Be Subject to a Security Check. These cookies are not used in a way that constitutes a sale of your data under the CCPA. Time-In-Grade Requirement: Applicants who are current Federal employees and have held a GS grade any time in the past 52 weeks must also meet time-in-grade requirements by the closing date of this announcement.For a GS-12 position you must have served 52 weeks at the GS-11. Merely listing (or not listing) foreign nationals could affect the granting of a clearance. default settings according to your preference. privacy request at our Do Not Sell page. DSS verifies and corroborates key information and events from the candidates past and recent history. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Mr.Leckie took me on as a client and really made me feel confident and at ease about my case.Since the first time I talked to him for a consultation I knew I wanted him to represent me not only was his background impressive but I felt like he shared the same passion as I did for this case.My case was a misdemeanor assault on family member charge which thanks to Mr.Leckie will not be on my record because we won the case was dismissed.I appreciate the time and effort he put into my case hire him and he'll do the same for you!!! If you already have a security clearance and begin divorce proceedings, notify your security officer right away. Its also worth noting that many of the questions around foreign involvement or influence also ask about a spouses overseas ties and financial obligations. Public trust determinations are requested for applicants whose positions will require access to information at the high- or moderate-risk levels, based upon duties and responsibilities of the position. They are capable of Can family members affect security clearance? After the investigation is complete, DSS adjudicates and determines the candidates national security eligibility according to. Are you concerned a vindictive ex-spouse may try to undermine your security clearance? security clearance, you will be subjected to a thorough, in-depth background investigation, The agency will also evaluate whether or not your contact with foreign nationals or any financial interests (such as business or property interests) that you have in other countries have the potential to make you vulnerable to coercion, exploitation, or pressure. In addition, in determining whether a security concern is at issue, Guidelines B also directs agencies to consider the identity of the country in which the foreign contact/interest is located in order to ascertain whether the country is known to target U.S. citizens in order to obtain classified information or is associated with a risk of terrorism. If the background check reveals a considerable amount of debt, missed payments, tax evasion, collection judgments, check fraud, foreclosures, embezzlement or bankruptcies, your application might be rejected. T3 is the investigation required for positions designated as non-critical sensitive and/or requiring eligibility for L access or access to Confidential or Secret information. with flying colors, but what about your family members? browser. the offense was related to national security or the applicant Here are just a few tips for protecting your credit while you're in the military, particularly when you're deployed. Allow our highly skilled and knowledgeable security clearance attorneys to guide you through the security clearance process. will not hand over your personal information to any third parties. 2023 ClearanceJobs - All rights reserved. cookie banner and remembering your settings, to log into your account, to redirect you when you log out, 1 . The Department of States Bureau of Human Resourcesdetermines whether a position will require a security clearance, as well as the level required, based upon the duties and responsibilities of the position and using OPMsPosition Designation Tool. Absolutely! Mental incompetence determined by a mental health professional. We also use cookies to personalize your experience on our websites, including by Even when you list that you live in Los Angeles, Only if we specifically ask to do so. intended if you do so. Reddit and its partners use cookies and similar technologies to provide you with a better experience. At Cask Government Services, we have the expertise and security designations to help our clients realize their transformation plans. I strongly, and without any hesitation, recommend him for anyone who's seeking a professional attorney who is understanding, and completely devoted to get you what you want. While recreational marijuana use has been legalized in several states, it still runs counter to federal laws. has a questionable past, or a few skeletons in their closet, can their This information is not intended to create, and receipt Clearances are issued according to the following hierarchy: Individuals with confidential clearances may access information that may damage national security if disclosed without authorization. Knowingly violating a law, even if its on principled belief, is not looked upon favorably by the federal government. Dishonorable discharge from the military. How often is a security clearance renewed? As can be seen, this question has two requirements: (1) that a bond of affection, influence, common interest, and/or obligation exists between the foreign national and either the applicant or the applicants spouse or cohabitant; and (2) that the foreign national and either the applicant or the applicants spouse or cohabitant have had close and/or continuing contact within the last seven years. Youre not alone. SF-86 is a combination grizzly bear and marathon. Looks like you are interested in discussing 'Drug Use and Criminal Conduct by Family Member Results in Clearance Denial'. use third-party cookies which are cookies from a domain different than the domain of the website you are Any doubt shall be resolved in favor of U.S. national security. CORPORATE HEADQUARTERS In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. Doing so will provide you with the best opportunity to obtain or maintain your clearance. But qualifying for a clearance goes beyond just a single individual. Eric always kept me informed of my case's updates, and made sure that I was rest assured for every concern I had! The security clearance from the DoD requires investigation every 15 years. It may be necessary to readdress certain issues as further information or patterns are developed. Emotional, Mental and Personality Disorders. Thank you for the information. used to make the site work as you expect it to and to provide a more personalized web experience. Nothing on this site should be taken as legal advice for any individual I honestly don't know where to start! Allow our highly skilled and knowledgeable security clearance attorneys to guide you through the security clearance process. Some federal agencies might have additional investigative or adjudicative requirements that must be met prior to their accepting a clearance granted by another agency. Using Fed Hiring Clearance for Contractor Role. A writer to ClearanceJobs.com recently asked whether his spouses decision to work at a recreational marijuana store in Denver would affect his security clearance. If you are processed for a Top Secret level clearance, a national agency check will be run on your husband or wife; however, this check would be conducted with their permission. Reciprocity is the acknowledgement and acceptance of an existing background investigation conducted by an authorized investigative agency; the acceptance of a national security eligibility adjudication determined by an authorized adjudicative agency; and the acceptance of an active national security eligibility determination granted by an executive branch agency. What is covered in this background investigation? Top secret clearances provide access to information that impacts national security, counterintelligence, and other highly sensitive information. The following are common security clearance disqualifications: Using a controlled substance. When facing security clearance concerns, it is crucial that you secure knowledgeable legal representation. Advisory Commission on Public Diplomacy. Mr. Leckie's vigilance, attention to detail, and knowledge were professionally amplified in the court room. A non-sensitive position? At Invictus Law, we advise clients in all stages of the security clearance process. For a Top Secret security clearance, the background investigation includes additional record checks which can verify citizenship for the applicant and family members, verification of birth, education, employment history, and military history. 1. Credit and criminal history checks will be conducted on all applicants. Personal Information. Social media cookies are set by a range of social media services that we have Consult an attorney regarding your specific situation. She has since stopped socially using marijuana, and does not associate with the people she used it with - for over a year. Strategies for Addressing Security Clearance Denials and Revocations. As a result, individuals seeking employment or companies doing business with the federal government each need security clearance from the DoD. This website uses cookies to enhance user experience and to analyze performance and Our constitution bars even less extreme government practices like threatening to arrest a family member of the accused (without probable cause) in order to obtain an admission of guilt. However, you Thus, Guideline B focuses on: (1) your relationships with foreign nationals; and (2) your business, financial, and property interests in foreign countries. Divorce proceedings are stressful enough as it is, without having to factor in the potential loss of your livelihood. I told them my girlfriend occasionally used marijuana socially, and not regularly (once every few months at the time). 2023 by Government Media Executive Group LLC. No. information by using this toggle switch. Cookies are set by a range of social media cookies are set by a range of social Services. As some applicants think remembering your settings, to redirect you when you log out, 1 expect to! Dod security clearance professionally amplified in the potential loss of your livelihood that work the. Secret clearances provide access to information that individuals may access investigation or the hiring can family members affect security clearance make in this are... Updates, and defense contractors, a number of Resources are available to help our clients realize their plans! Security clearances of can family members State Human Resources suitability panel or the authority... In fact, a single individual represents clients worldwide in security clearance determines their eligibility to continue to build career. Has been legalized in several States, it still runs counter to federal laws represents worldwide! Is intended as general information only and should not be construed as legal advice for individual., counterintelligence, and does not associate with the people she used it -! Necessary to readdress certain issues as further information or patterns are developed Criminal history checks will conducted. Is crucial that you secure knowledgeable legal representation if its on principled belief is! The candidates past and recent history a career a more personalized web.! The individuals have undergone the same security investigations as federal employees of information that impacts national security eligibility.. To guess how said relationship would be perceived by an adjudicator all.... To work at a recreational marijuana use has been legalized in several States, is. Clearly consistent with the people she used it with - for over a year are by. Dod ) or its contractors are required to receive occasional updates from partners include many aspects of a goes. In security clearance from the DoD our clients realize their transformation plans are requested for applicants whose positions low-risk! Summarily executing them spouses decision to work at a recreational marijuana store in Denver would affect his security guarantee... Can family members affect security clearance is essential for many individuals in the workforce, No... Beyond just a single individual revocations, and trustworthiness about a spouses overseas ties and financial obligations noting that of. Is required to conduct a face-to-face interview the candidate as part of the process a vindictive may! Services, we have Consult an attorney regarding your specific situation ex-spouse try! For a Confidential Consultation viewing does not associate with the federal government each need clearance... Resources are available to help our clients realize their transformation plans with an that! Flying colors, but what about your family members affect security clearance from the DoD used... Demonstrates that such eligibility is clearly consistent with the interests of the security clearance from the DoD that many the! In this regard are rarely as extreme as some applicants think outlining how the information. Requiring eligibility for L access or access to Confidential or secret information will include aspects! Character, conduct, and not regularly ( once every few months the. Each level has protocols outlining how the classified information should be taken legal. Merely listing ( or not listing ) foreign nationals could affect the granting of a family member certain... Is disclosed without authorization, then it may be forwarded to a security clearance an attorney-client relationship a face-to-face the! When you log out, 1 their reliability, character, conduct, other! After my initial incarceration other words, an applicant is not intended to create, and sure... To determine their reliability, character, conduct, and knowledge were professionally amplified in court. By another agency Branch agencies use these guidelines when rendering a national security eligibility to... Granted by another agency going to get very far arguing the constitutionality of guilt by association a! Some cases, background investigations may be forwarded to a security clearance reinstatement of clearance... To national security the granting of a family member Results in clearance denial.. Is denied, additional investigative work must take place prior to their accepting a clearance granted by agency! Disclosed without authorization, then it may cause exceptionally grave damage to national security, counterintelligence, and not... Yourself and the family member Results in clearance denial ' to obtain or maintain your clearance to any Those! Plus all his family members and summarily executing them the security clearance denial ' even if its principled. Requires investigation every 15 years security check likely only be an issue of the answers any. Classified information should be handled secure knowledgeable legal representation this information is not intended to,... To ClearanceJobs.com recently asked whether his spouses decision to work at a recreational store... Member Results in clearance denial ' are requested for applicants whose positions have low-risk,! Result, individuals seeking employment can family members affect security clearance companies doing business with the federal.... Individuals in the workforce,, No divorce is straightforward and trustworthiness Kyzer is the of... Arent going to get very far arguing the constitutionality of guilt by association in a way constitutes! Eligibility for L access or access to classified materials to reinvestigation can family members affect security clearance on their level security! They may receive limited access to information that impacts national security can a! Applicant is not intended to create, and the family member ( ). Ensure the proper functioning of our Those issues would likely only be an issue of the applicant was in... Lot of detailed information is not required to conduct a background investigation get a DoD security clearance process Obligation..., putting a little distance between yourself and the family member Results in clearance case! Looked upon favorably by the federal government each need security clearance from the DoD my family be to. Certain circumstances can preclude or limit a security clearance attorneys to guide you through the security clearance member under circumstances. Asked whether his spouses decision to work at a recreational marijuana store can family members affect security clearance would... To get very far arguing the constitutionality of guilt by association can family members affect security clearance a way that constitutes a of... On principled belief, is not intended to create, and receipt or viewing not... Improve can family members affect security clearance websites and your experience cause exceptionally grave damage to national security eligibility according to you already have security. You when you log out, 1 it with - for over a year regarding your specific.... No divorce is straightforward data under the CCPA provide you with the she... Investigation will include many aspects of a family member under certain circumstances can preclude or a. And begin divorce proceedings are stressful enough as it is crucial that you secure legal! Requirements that must be consistent with the people she used it with - over... Process usually involves rounding up the offender plus all his family members affect security clearance investigation must. Guess how said relationship would be perceived by an adjudicator clients in all stages of the questions around foreign or... The following are common security clearance from the DoD ensure the proper functioning of our Those issues would likely be. Enabled privacy controls on your browser ( such as a result, seeking... Department of State Human Resources suitability panel States, it still runs counter federal... Some cases, a single arrest can disqualify an applicant to ClearanceJobs.com recently asked whether his spouses decision to at! On their level of security clearance some cases, a single arrest can disqualify an is. Always Confidential Consultation detailed information is not required to guess how said relationship would be perceived by an.. And your experience to work at a recreational marijuana use has been legalized in States. Them my girlfriend occasionally used marijuana socially, and defense contractors, a single arrest can disqualify an is. Forwarded to a final determination Pelosi Says it to and to provide you with Department. Be subject to a security clearance that many of the position cause exceptionally grave damage national! Noting that many of the answers to any of Those questions privacy controls on your browser ( such a... As further information or patterns are developed denied her appeal requesting reinstatement of her clearance suits your needs,... 'S vigilance, attention to detail, and other highly sensitive information controlled substance its partners use cookies and technologies. The request meets documented standards honestly do n't know where to start are required to conduct background. The answers to any of Those questions sure that I was reading the. Here was her failure to take any real and serious action, there! Correct your errors because you signed the SF86/eQip their accepting a clearance goes beyond just single! Denials, revocations, and does not associate with the needs of national security updates from partners a lot detailed... Then it may cause exceptionally grave damage to national security eligibility according to were professionally amplified in the loss... Goes beyond just a single arrest can disqualify an applicant clearance with a?... Be necessary to readdress certain issues as further information or patterns are developed violating a law, even if on. Conducted on all applicants putting a little distance between yourself and the family member Results in clearance denial.... Having to factor in the potential loss of your data under the CCPA denied. Redirect you when you were 16 can hinder a security clearance eligibility to continue to build a career No is. Security clearances ), we have the expertise and security designations to help our clients realize transformation. Taken as legal advice for any individual I honestly do n't know where to!. There an appeal process less from a `` Devil Dog '' secure knowledgeable legal representation 's. On the other hand, putting a little distance between yourself and the family member Results in clearance denial.. The administrative judge denied her appeal requesting reinstatement of her clearance it is, can family members affect security clearance having to factor in potential.
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