Summary
A 60-year-old contractor with a history of overseas work was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from the applicant's significant contacts with Chinese citizens and his regular use of a Chinese-based online chat program. Specifically, the applicant used this program to meet and communicate with Chinese women residing in China, and had been married to two Chinese nationals.
The judge determined that these relationships and actions presented a heightened risk of foreign influence and exploitation. Disqualifying conditions cited included AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(e). While mitigating conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c) were considered, the applicant's evidence was deemed insufficient to overcome the security concerns.
Ultimately, the applicant failed to demonstrate sufficient ties to the United States to mitigate the risks associated with his foreign contacts, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant maintained significant contacts with Chinese citizens, including two marriages to Chinese nationals.
- The applicant's use of a Chinese online chat program raised security concerns regarding potential foreign exploitation.
- The applicant failed to demonstrate sufficient ties to the United States to mitigate the risks associated with his foreign contacts.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign NationalsContact with foreign nationals creates a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to Foreign PersonsConnections to foreign persons create a potential conflict of interest.
- AG ¶ 7(e)raisedShared Living QuartersShared living quarters with foreign nationals create a heightened risk of foreign inducement.
- AG ¶ 8(a)rejectedNature of RelationshipsThe nature of the applicant's relationships with foreign nationals does not mitigate the risks.
- AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's obligations to foreign nationals are not minimal.
- AG ¶ 8(c)rejectedDistant RelationshipsInsufficient evidence to show the applicant is distanced from foreign contacts.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedSep 7, 2018
- Answer filed—Applicant requested a decision based on the written record.
- Hearing held—Decision made based on written record.
- Decision dateJul 31, 2019
Cite For
- Denial of Security Clearance Due to Foreign Influence Under Guideline B
- Significant Contacts with Foreign Nationals as a Disqualifying Condition
- Insufficient Evidence of Mitigation in Cases Involving Foreign Relationships