Summary
The applicant, a 45-year-old armed security officer and former Marine, sought a security clearance under Guidelines B (Foreign Influence) and L (Outside Activities) due to past employment with a company providing security services to a high-ranking Saudi official. The judge found that the applicant mitigated concerns regarding foreign influence and potential conflicts of interest, emphasizing his loyalty to U.S. interests and the manageable nature of his past relationships. The security clearance was granted.
Under Guideline B (Foreign Influence) and Guideline L (Outside Activities), the Statement of Reasons alleged the following: Applicant allegedly provided executive security service from 2005 to present to an important high ranking Saudi official, who is a citizen and resident of Saudi Arabia (1.a). Applicant allegedly worked for A Company Ltd, a company from approximately 2005 to present, which could result in a conflict with your current employment (2.a).
The judge granted the clearance. The government raised disqualifying conditions DC 7(a), DC 7(b). The judge applied mitigating conditions MC 8(a), MC 8(b), MC 38(b). The decision turned on the following: The applicant demonstrated strong loyalties and commitments to U.S. security interests; The judge found that the applicant's past relationships with foreign entities were manageable and unlikely to create a conflict of interest; The applicant's termination of his contract with the foreign company was viewed favorably in mitigating concerns.
Why the Applicant Prevailed
- The applicant demonstrated strong loyalties and commitments to U.S. security interests.
- The judge found that the applicant's past relationships with foreign entities were manageable and unlikely to create a conflict of interest.
- The applicant's termination of his contract with the foreign company was viewed favorably in mitigating concerns.
Conditions Referenced
- DC 7(a)raisedContact with Foreign PersonsThe applicant had past employment relationships with a foreign official that raised concerns.
- DC 7(b)raisedPotential Conflict of InterestThe applicant's connections to a foreign government could create a potential conflict of interest.
- MC 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships were unlikely to place him in a position of conflict with U.S. interests.
- MC 8(b)appliedMinimal Conflict of InterestThe applicant's loyalty to the U.S. outweighed any potential conflicts from foreign relationships.
- MC 38(b)appliedTermination of Conflicting EmploymentThe applicant voluntarily terminated his employment with the foreign company.
Key Rule Quoted
“Eligibility for access to classified information is granted.”
Procedural Posture
- SOR issuedApr 25, 2018
- Answer filedMay 17, 2018
- Hearing heldJul 26, 2018
- Decision dateMar 27, 2019
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Past Employment Relationships with Foreign Entities
- Consideration of Applicant's Loyalty to U.S. Interests in Security Clearance Decisions.