Summary
The applicant, a 47-year-old U.S. citizen originally from the U.K., sought a security clearance under Guidelines B and C due to concerns regarding foreign influence and preference stemming from his relatives and financial interests in the U.K. The judge found that the applicant mitigated these concerns by demonstrating strong ties to the U.S., full disclosure of his foreign connections, and compliance with reporting requirements, ultimately granting the security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has a number of relatives (parents, sibling, in-laws, and an aunt) who are citizens and residents of the U.K (1.a). Applicant owns real estate in the U.K., which is currently worth an estimated $200,000 (1.b). Applicant has other financial interests in the U.K. totaling about $500,000, primarily consisting of professionally managed retirement accounts (1.c). Applicant fully reported the information about his foreign relatives, financial interests, and travel on his security clearance application (1.d). No evidence was submitted that he or any of his family members have any connection to any foreign government or are indebted to any foreign government or entity (1.e). Applicant's dual citizenship and past possession of a U.K. passport do not raise a foreign preference security concern. No evidence was presented that he has exercised any right or privilege of foreign citizenship, or accepted any foreign benefit. Moreover, he self-reported his dual citizenship, foreign passport, and other foreign connections. He surrendered the U.K. passport to U.K. authorities (2.a).
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(e), AG ¶ 8(f). The decision turned on the following: Applicant fully disclosed his foreign relatives and financial interests on his security clearance application; He has established strong personal and professional ties in the U.S. that outweigh his foreign connections; The U.K. is considered a close ally of the U.S., reducing the risk of foreign influence.
Why the Applicant Prevailed
- Applicant fully disclosed his foreign relatives and financial interests on his security clearance application.
- He has established strong personal and professional ties in the U.S. that outweigh his foreign connections.
- The U.K. is considered a close ally of the U.S., reducing the risk of foreign influence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons That Create Potential Conflict of Interest
- AG ¶ 7(f)raisedSubstantial Business, Financial, or Property Interests in a Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Is Unlikely to Create a Conflict of Interest
- AG ¶ 8(b)appliedMinimal Allegiance to Foreign Interests Due to Strong Ties in the U.S.
- AG ¶ 8(e)appliedPrompt Compliance with Reporting Requirements Regarding Foreign Contacts
- AG ¶ 8(f)appliedValue or Routine Nature of Foreign Interests Unlikely to Result in Conflict
Key Rule Quoted
“A person is not automatically disqualified from holding a security clearance because they have relatives and financial interests in a foreign country.”
Procedural Posture
- SOR issuedJul 27, 2016
- Answer filed—Applicant requested a determination on the written record.
- Hearing heldJul 1, 2017Case assigned to judge.
- Decision dateJul 28, 2017
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Mitigation of Foreign Preference Concerns Under Guideline C
- Consideration of Strong U.S. Ties in Foreign Influence Cases