ISCR Case 16-01867.h1

Case Headnote

ISCR Case No. 16-01867.h1

grantedFeb 23, 2018· Hon. Wilford H. Ross· hearing

Summary

A 70-year-old American citizen, originally from Iraq, was granted a security clearance under Guideline B (Foreign Influence) despite initial concerns regarding his family ties and property ownership in Iraq. The Statement of Reasons cited that the applicant had two brothers residing in Iraq and had inherited a portion of property there, while also noting his minimal contact with these family members. Disqualifying conditions under AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(f) were raised.

However, the applicant successfully mitigated these concerns by applying mitigating conditions under AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), AG ¶ 8(e), and AG ¶ 8(f). He transferred ownership of his Iraqi property to his brother, demonstrating a clear disinterest in foreign ties. His contact with family in Iraq was minimal and infrequent, further reducing the risk of foreign influence.

Crucially, the applicant presented a strong record of loyalty to the United States, supported by commendations from U.S. military and State Department officials. The judge concluded that there was no significant risk of foreign influence and GRANTED the security clearance.

Why the Applicant Prevailed

The applicant transferred ownership of his property in Iraq to his brother, demonstrating a lack of interest in foreign ties.
He has minimal and infrequent contact with his family in Iraq, reducing the risk of foreign influence.
The applicant has a strong sense of loyalty to the United States, supported by commendations from U.S. military and State Department officials.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons
AG ¶ 7(f)raisedSubstantial Property Interests in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)appliedInfrequent Contact with Foreign Citizens
AG ¶ 8(e)appliedPrompt Compliance with Reporting Requirements
AG ¶ 8(f)appliedMinimal Value of Foreign Property Interests

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006)

Procedural Posture

SOR issuedJul 25, 2016
Answer filedOct 30, 2016
Hearing heldApr 13, 2017
Decision dateFeb 23, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Minimal Contact with Foreign Family Members
Transfer of Foreign Property as a Mitigating Factor in Security Clearance Cases

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	specific text not stated in this decision	Withdrawn	Unspecified Foreign Relationship Immediate Family	— HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	—
1.b	Applicant has two brothers who live in Iraq.	For 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Severed Foreign Contact
1.c	Applicant inherited part of a piece of property in Iraq.	For Applicant	Foreign Real Estate Financial or Property Interest	Iraq HEIGHTENED RISK	Admitted	(f) substantial foreign business, financial, or property interests	(f) foreign interests are minimal and could not be used to influence	Documented Foreign Assets Divested
1.d	Applicant has minimal contact with his family members who live in Iraq.	For 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

specific text not stated in this decision

Withdrawn

Unspecified Foreign Relationship

Immediate Family

—

HEIGHTENED RISK

Unknown

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

—

1.b

Applicant has two brothers who live in Iraq.

For 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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

Claimed

Severed Foreign Contact

1.c

Applicant inherited part of a piece of property in Iraq.

For Applicant

Foreign Real Estate

Financial or Property Interest

Iraq

HEIGHTENED RISK

Admitted

(f) substantial foreign business, financial, or property interests

(f) foreign interests are minimal and could not be used to influence

Documented

Foreign Assets Divested

1.d

Applicant has minimal contact with his family members who live in Iraq.

For 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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

Claimed

Severed Foreign Contact

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES