Summary
The applicant, a 56-year-old former British Army officer, faced security concerns under Guidelines B and C due to his foreign influence and preference stemming from his military background and family ties in the UK. Despite admitting to some allegations, the judge found that the applicant mitigated the concerns through his established loyalty to the United States, his long-standing residence and citizenship, and the nature of his foreign contacts. Ultimately, the applicant was granted eligibility for access to classified information.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant served as an officer in the British Army from 1980 to 2001 (2.a). Applicant expected to inherit a share of his mother’s property and assets located in the United Kingdom (2.b). Applicant maintained contact with 'many foreign nationals' due to his UK citizenship and service in the British Army (2.c). Applicant has friends and acquaintances who are serving in the British Military (2.d). Applicant possessed a security clearance from the UK Ministry of Defense (2.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), AG ¶ 8(d), AG ¶ 8(f). The decision turned on the following: The applicant demonstrated deep and longstanding relationships and loyalties in the United States; The nature of the applicant's foreign contacts did not create a heightened risk of foreign influence or coercion; The applicant's military pension and potential inheritance were outweighed by his substantial financial interests in the United States.
Why the Applicant Prevailed
- The applicant demonstrated deep and longstanding relationships and loyalties in the United States.
- The nature of the applicant's foreign contacts did not create a heightened risk of foreign influence or coercion.
- The applicant's military pension and potential inheritance were outweighed by his substantial financial interests in the United States.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's connections to the UK raised concerns about potential foreign influence.
- AG ¶ 7(b)raisedPotential Conflict of InterestThe applicant's military background and ongoing relationships with British officers created a potential conflict of interest.
- AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships with foreign contacts were unlikely to create a conflict of interest.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's loyalty to the United States was established through his long-term residence and citizenship.
- AG ¶ 8(c)appliedCasual and Infrequent ContactMost of the applicant's foreign contacts were infrequent and did not pose a risk of foreign influence.
- AG ¶ 8(d)appliedContact During US Government BusinessThe applicant's meeting with a British lieutenant general occurred during official US business.
- AG ¶ 8(f)appliedValue of Foreign InterestsThe applicant's foreign financial interests were minimal compared to his interests in the US.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedDec 20, 2017
- Answer filedFeb 19, 2018
- Hearing heldSep 13, 2018Hearing was convened as scheduled.
- Decision dateMar 4, 2019Decision was granted after remand.
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Consideration of Foreign Preference Under Guideline C
- Impact of Long-standing US Residency on Security Clearance Eligibility