ISCR Case 16-02401.h1

Case Headnote

ISCR Case No. 16-02401.h1

deniedFeb 22, 2017· Hon. Carol G. Ricciardello· hearing

Summary

A 56-year-old naturalized U.S. citizen, originally from Iraq, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). While some mitigating factors were applied for Guideline C, the applicant's close family ties in Iraq and Egypt, combined with property ownership in Iraq, presented an unmitigated risk of foreign influence.

Specifically, the applicant's two children, born in 1990 and 1994, reside in Egypt as students. The applicant also owns property in Iraq valued between $60,000 and $100,000 and is entitled to an Iraqi pension, though he must return to Iraq to apply for it. These connections raised concerns about potential conflicts of interest and susceptibility to foreign exploitation or coercion.

The denial was primarily based on the applicant's close family ties in Iraq and Egypt, his property ownership in Iraq, and his expressed concerns for the safety of his family in Iraq due to his past service with U.S. forces. These factors collectively indicated a heightened risk of foreign influence, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has close family ties in Iraq and Egypt, which create a heightened risk of foreign influence.
The applicant owns property in Iraq valued between $60,000 and $100,000, contributing to potential conflicts of interest.
The applicant's concerns for the safety of his family in Iraq due to his past service with U.S. forces indicate a significant risk of coercion or manipulation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(e)raisedSubstantial Property Interest in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationship with Foreign Persons Unlikely to Create ConflictThe applicant's close ties with family members in Iraq create a potential conflict of interest.
AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Loyalty to U.S.The applicant's significant familial ties in Iraq and Egypt prevent a finding of minimal conflict.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's regular contact with his children in Egypt does not support this mitigating condition.
AG ¶ 8(f)rejectedRoutine Nature of Foreign Property Interests Unlikely to Result in ConflictThe substantial value of the applicant's property in Iraq indicates a potential for 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.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedAug 3, 2016
Answer filedAug 23, 2016
Hearing heldJan 24, 2017
Decision dateFeb 22, 2017

Cite For

Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
Impact of Foreign Property Ownership on Security Clearance Eligibility
Consideration of Safety Concerns for Family Members in Foreign Countries

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	Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	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	—	—
1.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.	Against Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	—	—
1.c	A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence.	Against Applicant	Foreign Real Estate Financial or Property Interest	Iraq HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

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

—

1.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

—

1.c

A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Iraq

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant has two children from the marriage, a son born in 1990 and a daughter born in 1994. Both children are students residing in Egypt.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
2.b	Applicant is still entitled to a pension, but must return to Iraq and apply for it. He does not receive any other benefits from the Iraqi government.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant has two children from the marriage, a son born in 1990 and a daughter born in 1994. Both children are students residing in Egypt.

For Applicant

Unspecified Foreign Preference

Admitted

—

2.b

Applicant is still entitled to a pension, but must return to Iraq and apply for it. He does not receive any other benefits from the Iraqi government.

For Applicant

Unspecified Foreign Preference

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

FOOTNOTES