Summary
The applicant, a 66-year-old naturalized U.S. citizen originally from Iraq, faced security concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct) due to his connections to Iraq and failure to disclose foreign travel. The judge found that the applicant's ties to Iraq and repeated vacations there posed a significant risk of foreign influence, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect classified or sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information or technology (1.a). The individual’s sense of loyalty or obligation to the foreign person, or allegiance to the group, government, or country is so minimal, or the individual has such deep and longstanding relationships and loyalties in the United States, that the individual can be expected to resolve any conflict of interest in favor of the U.S. interest (1.e). The Government alleged in SOR ¶ 2.a that Applicant intentionally failed to disclose his foreign trips (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(b), AG ¶ 7(i). The judge applied mitigating conditions AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant's connections to Iraq and history of travel there raised significant security concerns under Guideline B; The applicant acknowledged the risks associated with traveling in Iraq but continued to vacation there, demonstrating a potential for divided allegiance.
Why the Applicant Was Denied
- The applicant's connections to Iraq and history of travel there raised significant security concerns under Guideline B.
- The applicant acknowledged the risks associated with traveling in Iraq but continued to vacation there, demonstrating a potential for divided allegiance.
Conditions Referenced
- AG ¶ 7(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest
- AG ¶ 7(i)raisedConduct That May Make the Individual Vulnerable to Exploitation, Pressure, or Coercion by a Foreign Person, Group, Government, or Country
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign EntitiesThe applicant's longstanding ties to Iraq were deemed significant despite his connections to the U.S.
- AG ¶ 8(c)appliedContact with Foreign Citizens Is so Casual and Infrequent That It Does Not Create a Risk for Foreign InfluenceThe applicant established mitigation regarding a specific contact with a priest in Iraq.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedNov 7, 2016
- Answer filedDec 14, 2016
- Hearing heldApr 5, 2017as scheduled
- Decision dateAug 18, 2017
Cite For
- Disqualifying Conditions Under Guideline B Related to Foreign Influence
- Mitigating Conditions Under Guideline E Regarding Personal Conduct
- The Significance of Travel to High-risk Countries in Security Clearance Evaluations.