ISCR Case 16-02038.h1

Case Headnote

ISCR Case No. 16-02038.h1

grantedDec 19, 2017· Hon. Carol G. Ricciardello· hearing

Summary

A 46-year-old naturalized U.S. citizen, originally from Romania, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited that the applicant's father, mother, brother, mother-in-law, and sister-in-law are all citizens and residents of Romania. The applicant maintained contact with his mother approximately every other month and with his father about twice a month.

Further allegations noted that the applicant's brother works for a heavy equipment rental company, though the applicant did not know the specifics of his job. The applicant had also provided a $1,000 wedding gift to his brother and $2,000 to his mother-in-law. These facts raised disqualifying conditions related to foreign influence.

However, the judge applied several mitigating conditions. The applicant has been a naturalized U.S. citizen since 2010, demonstrating deep personal and professional ties within the U.S. The applicant holds no financial interests in Romania and has not returned to the country since immigrating. Additionally, the family members in Romania are retired and do not hold government or sensitive positions. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant has been a naturalized U.S. citizen since 2010 and has established deep personal and professional ties in the U.S.
The applicant has no financial interests in Romania and has not returned since immigrating, indicating a commitment to the U.S.
The applicant's family members in Romania are retired and have no current involvement in government or sensitive positions.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members residing in Romania, which creates a potential foreign influence concern.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family ties could create a potential conflict of interest.
AG ¶ 7(e)notedShared Living Quarters

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign PersonsThe applicant's relationship with his family is unlikely to place him in a position of conflict with U.S. interests.
AG ¶ 8(b)appliedNo Conflict of InterestThe applicant has a longstanding loyalty to the U.S. and would resolve any potential conflicts in favor of U.S. interests.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant maintains regular communication with his family in Romania.

Key Rule Quoted

“The mere possession of a close personal relationship with a person who is a citizen and resident of a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedAug 29, 2016
Answer filedOct 12, 2016
Hearing heldNov 14, 2017Hearing transcript received on November 22, 2017.
Decision dateDec 19, 2017

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties in Security Clearance Decisions
Impact of U.S. Citizenship on Foreign Influence Assessments

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
2.a	Applicant’s father, mother, brother, mother-in-law, and sister-in-law are citizens and residents of Romania.	For Applicant	Parent in Foreign Country Immediate Family	Romania HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
2.b	Applicant has contact with his mother about every other month and with his father about twice a month.	For Applicant	Parent in Foreign Country Immediate Family	Romania HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
2.c	Applicant’s brother works for a heavy equipment rental company, and he does not know the specifics of his brother’s job.	For Applicant	Sibling in Foreign Country Immediate Family	Romania HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
2.d	Applicant has given a $1,000 wedding gift to his brother and $2,000 to his mother-in-law.	For Applicant	Financial Support to Foreign Relative Immediate Family	Romania HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s father, mother, brother, mother-in-law, and sister-in-law are citizens and residents of Romania.

For Applicant

Parent in Foreign Country

Immediate Family

Romania

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

2.b

Applicant has contact with his mother about every other month and with his father about twice a month.

For Applicant

Parent in Foreign Country

Immediate Family

Romania

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

2.c

Applicant’s brother works for a heavy equipment rental company, and he does not know the specifics of his brother’s job.

For Applicant

Sibling in Foreign Country

Immediate Family

Romania

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

2.d

Applicant has given a $1,000 wedding gift to his brother and $2,000 to his mother-in-law.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Romania

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES