Summary
A defense contractor employee with over 50 years of service and a long-held security clearance was subject to a DOHA review concerning Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline L (Outside Activities). The Statement of Reasons raised concerns regarding potential divided allegiance due to foreign contacts and interests, questionable judgment or lack of candor, and conflicts of interest from outside employment.
Specifically, the applicant's part-time consulting work with Russian entities was at issue. Disqualifying conditions under AG ¶ 37(a), AG ¶ 37(b), AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 16(e) were considered.
However, the applicant self-reported this employment and obtained necessary U.S. Government licenses for his activities. The judge determined that the consulting was open, limited, and legitimate, aimed at seeking exceptions to sanctions without disclosing protected information. Mitigating conditions under AG ¶ 38(a), AG ¶ 38(b), AG ¶ 8(b), and AG ¶ 8(e) were applied, and the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant self-reported his part-time employment with a Russian company and received licenses from the U.S. Government for his activities.
- The applicant's consulting activities were open, limited, and legitimate efforts to seek exceptions to sanctions without disclosing protected information.
- The applicant has a long history of service to the U.S. and has held a security clearance for over 50 years without incident.
Conditions Referenced
- AG ¶ 37(a)raisedEmployment or Service with a Foreign National
- AG ¶ 37(b)raisedFailure to Report or Fully Disclose an Outside Activity
- AG ¶ 7(a)appliedContact with a Foreign National Creating a Heightened Risk
- AG ¶ 7(b)appliedConnections to a Foreign Entity Creating a Potential Conflict of Interest
- AG ¶ 16(e)rejectedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 38(a)appliedEvaluation of Outside Employment Indicates No Conflict
- AG ¶ 38(b)appliedEmployment Discontinued Upon Notification of Conflict
- AG ¶ 8(b)appliedNo Conflict of Interest Due to Minimal Allegiance to Foreign Entities
- AG ¶ 8(e)appliedPrompt Compliance with Reporting Requirements
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedNov 2, 2023
- Answer filedJan 22, 2024
- Hearing heldNov 13, 2024conducted by video teleconference
- Decision dateDec 23, 2024
Cite For
- Evaluation of Outside Employment Under Guideline L
- Mitigating Conditions for Foreign Influence Under Guideline B
- Consideration of Personal Conduct in Relation to Foreign Activities Under Guideline E