Summary
A 40-year-old naturalized U.S. citizen and project manager was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his immediate family members residing in South Korea, frequent contact with them, and his wife's South Korean citizenship and permanent resident status. Additionally, his mother-in-law is a permanent resident planning to apply for U.S. citizenship, and the applicant had traveled to South Korea six times since 1996. A disqualifying condition was also raised regarding a South Korean bank account holding approximately $13,000.
To mitigate these concerns, the applicant closed his South Korean bank account and transferred the funds to a U.S. account. He demonstrated strong ties to the U.S., having resided there for 20 years, and highlighted his stable employment, financial interests, and personal relationships, including his wife who lives with him.
The judge determined that the applicant's actions, particularly closing the foreign bank account and transferring funds, along with his demonstrated loyalty to the U.S. and the lack of security risk posed by his family in South Korea, sufficiently mitigated the initial concerns. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant closed his South Korean bank account and transferred the funds to his U.S. account, demonstrating a commitment to U.S. interests.
- He has lived in the U.S. for 20 of his 40 years and has strong ties to the U.S., including family and financial interests.
- The applicant's family members in South Korea do not pose a security risk, and he has shown loyalty to the U.S.
Conditions Referenced
- AG ¶ 10(a)raisedForeign PreferenceThe applicant's previous maintenance of a bank account in South Korea raised concerns about foreign preference.
- AG ¶ 7(a)raisedForeign InfluenceThe applicant's close family ties in South Korea created a potential for foreign influence.
- AG ¶ 8(b)appliedForeign InfluenceThe applicant has developed a strong loyalty to the U.S. that outweighs any potential conflict of interest.
- AG ¶ 11(c)appliedForeign PreferenceThe applicant's actions in closing his South Korean bank account mitigated the foreign preference concern.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified [or sensitive] information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedApr 6, 2007
- Answer filedApr 17, 2007
- Hearing heldOct 16, 2007
- Decision dateJan 28, 2008
Cite For
- Mitigation of Foreign Preference Concerns Through Divestment of Foreign Financial Interests
- Demonstration of Loyalty to the U.S. as a Mitigating Factor in Foreign Influence Cases
- Consideration of the Whole Person Concept in Security Clearance Determinations