ISCR Case 16-03116.h1

Case Headnote

ISCR Case No. 16-03116.h1

deniedJul 1, 2016· Hon. Shari Dam· hearing

Summary

A 45-year-old naturalized U.S. citizen, originally from Belarus, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained a valid Belarusian passport, which she renewed recently and used for travel to Belarus and Russia. She traveled to Belarus approximately twice a year for two to four weeks, using her Belarusian passport for entry and exit, citing ease of process. While she used her U.S. passport to exit the United States on some occasions, there was insufficient evidence regarding which passport she used for re-entry. She stated no intention to relinquish her Belarusian passport.

The applicant also maintained regular contact with numerous family members, including cousins, aunts, uncles, nieces, and nephews, as well as friends, who are citizens and residents of Belarus. She visited these individuals during her annual trips to Belarus.

Despite mitigating concerns related to her foreign passport, the judge determined that the applicant failed to mitigate the security risks posed by her ongoing relationships with individuals in Belarus. The decision concluded that there was insufficient evidence to demonstrate that these relationships would not create a heightened risk of foreign influence or pressure, and the applicant did not establish deep and longstanding loyalties in the States sufficient to outweigh her connections to Belarus.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns arising from her ongoing relationships with family and friends in Belarus.
The judge found insufficient evidence to demonstrate that these relationships would not create a heightened risk of foreign influence or pressure.
The applicant did not establish deep and longstanding loyalties in the United States that would outweigh her connections to Belarus.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Government

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not demonstrate that her relationships with individuals in Belarus would not place her in a position of conflict.
AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant failed to show that her loyalties in the U.S. were strong enough to mitigate the risks posed by her foreign connections.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's frequent travel to Belarus and ongoing relationships indicated significant contact.

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 issuedOct 29, 2016
Answer filedDec 5, 2016
Hearing held—Decided on the written record without a hearing.
Decision date[Decision Date Not Provided]

Cite For

Denial of Security Clearance Due to Foreign Influence Under Guideline B
Mitigation Challenges Related to Ongoing Foreign Relationships
Impact of Foreign Connections on National Security Eligibility

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 has friends and cousins, aunts, uncles, nieces, and nephews who are citizens and residents of Belarus. She maintains contact with a couple friends, and visits them and her relatives when she visits Belarus every year.	Against Applicant	Extended Family in Foreign Country Extended Family	Belarus HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has friends and cousins, aunts, uncles, nieces, and nephews who are citizens and residents of Belarus. She maintains contact with a couple friends, and visits them and her relatives when she visits Belarus every year.

Against Applicant

Extended Family in Foreign Country

Extended Family

Belarus

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant has a valid Belarus passport that she recently renewed. She has used it to travel to Belarus multiple times prior to and subsequent to becoming a U.S. citizen in 2005. She travels there about twice a year for two to four weeks. She uses that passport to enter and exit Belarus because it makes the process easier. She has also used it to travel to Russia. She does not intend to relinquish her Belarusian passport. A review of her current U.S. passport confirmed that she used her U.S. passport to exit the United States some of the times she traveled to Belarus. There is insufficient evidence documenting what passport she used to re-enter the United States on her many trips abroad.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant has a valid Belarus passport that she recently renewed. She has used it to travel to Belarus multiple times prior to and subsequent to becoming a U.S. citizen in 2005. She travels there about twice a year for two to four weeks. She uses that passport to enter and exit Belarus because it makes the process easier. She has also used it to travel to Russia. She does not intend to relinquish her Belarusian passport. A review of her current U.S. passport confirmed that she used her U.S. passport to exit the United States some of the times she traveled to Belarus. There is insufficient evidence documenting what passport she used to re-enter the United States on her many trips abroad.

For Applicant

Foreign Passport Possession or Use

Admitted

—

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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