ISCR Case 22-00364

Case Headnote

ISCR Case No. 22-00364

deniedApr 25, 2023· Hon. Ross D. Hyams· hearing

Summary

A 40-year-old civil engineer, originally from Iraq, was denied a security clearance under Guideline B (Foreign Influence) due to concerns about his family connections in Iraq. The Statement of Reasons detailed that his mother, two brothers, and two sisters are all citizens and residents of Iraq. Furthermore, one brother is employed by an Iraqi government-owned company, and one sister works for an Iraqi government ministry, with another sister also employed by an Iraqi government-owned company. The applicant admitted to these allegations but denied having a financial interest in a family residence in Iraq, valued at approximately $200,000.

Disqualifying conditions related to foreign influence were raised, specifically concerning immediate family members who are foreign citizens and residents, and family members employed by a foreign government. Mitigating conditions were applied, acknowledging that the foreign contacts were not recent, the applicant had demonstrated allegiance to the U.S., and the foreign government was not hostile.

However, the clearance was denied because the applicant's family members are citizens and residents of Iraq, with several employed by the Iraqi government. The judge concluded that the applicant maintained close and frequent contact with his family, presenting a potential conflict of interest. Ultimately, the applicant failed to demonstrate that he would not face a divided allegiance between his family and U.S. interests.

Why the Applicant Was Denied

The applicant's family members are citizens and residents of Iraq, with several employed by the Iraqi government.
The applicant maintained close and frequent contact with his family in Iraq, presenting a potential conflict of interest.
The applicant failed to demonstrate that he would not be placed in a position of divided allegiance between his family and U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Members
AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(f)notedSubstantial Business or Financial Interests in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's close ties to family in Iraq were deemed a significant risk.
AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Allegiance to Foreign ContactsThe applicant's longstanding connections to Iraq were significant.
AG ¶ 8(c)rejectedCasual or Infrequent Contact with Foreign CitizensThe applicant reported frequent contact with family members in Iraq.

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.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedApr 5, 2022
Answer filedApr 26, 2022
Hearing heldJan 10, 2023
Decision dateApr 25, 2023

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Familial Ties in Security Clearance Decisions
Assessment of Risks Associated with Foreign Contacts

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s mother is a citizen and resident of Iraq.	Against Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant’s brother is a citizen and resident of Iraq, and is employed by a company owned and operated by the Iraqi government.	Against Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant’s brother is a citizen and resident of Iraq, and is employed by a company owned and operated by the Iraqi government.	Against Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant’s brother is a citizen and resident of Iraq.	Against Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.e	Applicant’s sister is a citizen and resident of Iraq, and is employed by an Iraqi government ministry.	Against Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.f	Applicant’s sister is a citizen and resident of Iraq, and is employed by a company owned and operated by the Iraqi government.	Against Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.g	Applicant’s sister is a citizen and resident of Iraq.	Against Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.h	Applicant has a financial interest, along with his siblings, in his family residence in Iraq, valued at about $200,000.	For Applicant	Foreign Real Estate Financial or Property Interest	Iraq HEIGHTENED RISK	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is a citizen and resident of Iraq.

Against Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.b

Applicant’s brother is a citizen and resident of Iraq, and is employed by a company owned and operated by the Iraqi government.

Against Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.c

Applicant’s brother is a citizen and resident of Iraq, and is employed by a company owned and operated by the Iraqi government.

Against Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.d

Applicant’s brother is a citizen and resident of Iraq.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.e

Applicant’s sister is a citizen and resident of Iraq, and is employed by an Iraqi government ministry.

Against Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.f

Applicant’s sister is a citizen and resident of Iraq, and is employed by a company owned and operated by the Iraqi government.

Against Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.g

Applicant’s sister is a citizen and resident of Iraq.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.h

Applicant has a financial interest, along with his siblings, in his family residence in Iraq, valued at about $200,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Iraq

HEIGHTENED RISK

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION