Summary
A 42-year-old naturalized U.S. citizen from Senegal was granted a security clearance after contesting the Department of Defense's intent to deny it. The initial concerns, raised under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), focused on the applicant's ties to Senegal and France.
Specifically, the Statement of Reasons alleged that the applicant's familial and financial connections to Senegal and familial ties to France created a risk of foreign influence or exploitation. Additionally, his part-time employment as a security officer at the French Embassy in the United States from 1999 to 2015 was cited as evidence of foreign preference for France.
However, the judge determined that the applicant had resolved any potential conflicts of interest in favor of the United States. It was found that his part-time employment at the French Embassy did not indicate a foreign preference, and his familial and financial ties to Senegal and France did not pose a heightened risk of foreign influence. Consequently, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated that he would resolve any potential conflicts of interest in favor of the United States.
- The applicant's part-time employment at the French Embassy did not indicate a foreign preference for France over the U.S.
- The applicant's familial and financial ties to Senegal and France did not create a heightened risk of foreign influence.
Conditions referenced
- AG ¶ 10(d)raisedForeign PreferenceThe Government argued that the applicant's employment at the French Embassy indicated a foreign preference.
- AG ¶ 16raisedForeign InfluenceThe Government alleged that the applicant's ties to Senegal and France posed a risk of foreign influence.
- AG ¶ 8(a)appliedForeign PreferenceThe applicant's employment did not create obligations or rights with the French government.
- AG ¶ 8(b)appliedForeign InfluenceThe applicant's family members are not employed by foreign governments and do not create a conflict of interest.
- AG ¶ 8(f)appliedForeign InfluenceThe applicant's significant financial ties to the U.S. indicate he would prioritize U.S. interests.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 24, 2017
- Answer filed—Applicant requested a hearing after receiving the FORM.
- Hearing heldNov 1, 2018
- Decision dateFeb 21, 2019
Cite for
- Mitigation of Foreign Preference Concerns Under Guideline B
- Mitigation of Foreign Influence Concerns Under Guideline C
- Consideration of Familial Ties in Security Clearance Determinations.