Summary
The applicant, a 51-year-old naturalized U.S. citizen originally from Afghanistan, successfully mitigated foreign influence concerns under Guideline B related to his family and property interests in Afghanistan. The administrative judge granted eligibility for access to classified information, emphasizing the applicant's long-standing loyalty to the U.S. and lack of contact with foreign entities that could pose a threat.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant denied the SOR allegations under Guideline B, SOR ¶¶ 1.a through 1.c, in his Answer to the SOR (1.a). Applicant disclosed on his SCA and his other security screening questionnaire that when his father died in 1987, property was left to the family, to be divided among the siblings and Applicant (1.b). The second item is a factory operated in Afghanistan with an approximate value of $1,500,000 (1.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(f). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(f). The decision turned on the following: The applicant's family members are U.S. citizens or reside in Canada, mitigating foreign influence concerns; The applicant has no contact with his brother who allegedly lives in Afghanistan, as he now resides in the U.S; The applicant expressed no desire for ownership of the inherited properties in Afghanistan and considers the U.S. his home.
Why the Applicant Prevailed
- The applicant's family members are U.S. citizens or reside in Canada, mitigating foreign influence concerns.
- The applicant has no contact with his brother who allegedly lives in Afghanistan, as he now resides in the U.S.
- The applicant expressed no desire for ownership of the inherited properties in Afghanistan and considers the U.S. his home.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 7(f)raisedSubstantial Property Interests in a Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Loyalty to the U.S.
- AG ¶ 8(f)appliedValue of Foreign Property Interests Unlikely to Result in Conflict
Key Rule Quoted
“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”
Procedural Posture
- SOR issuedSep 13, 2018
- Answer filed—
- Hearing heldJul 11, 2019Applicant was in the United States.
- Decision dateAug 19, 2019
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of U.S. Citizenship and Loyalty in Security Clearance Decisions
- Consideration of Family Ties and Property Interests in Foreign Countries