ISCR Case 16-03601.h1

Case Headnote

ISCR Case No. 16-03601.h1

deniedNov 6, 2017· Hon. Carol G. Ricciardello· hearing

Summary

A 61-year-old naturalized U.S. citizen, originally from Bangladesh, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's close family ties in Bangladesh, including a mother, siblings, and mother-in-law, were a primary concern. He maintains regular contact with these relatives through weekly phone calls and annual visits.

The Statement of Reasons cited potential heightened risks of foreign exploitation, manipulation, or coercion due to these contacts and connections. It also noted the possibility of a conflict of interest between his obligation to protect sensitive information and a desire to assist foreign persons or countries. While the applicant receives a modest military pension from the Bangladeshi government for service that ended in 1994, this specific concern under Guideline C was successfully mitigated.

Ultimately, the security clearance was denied based on the judge's finding of a heightened risk of foreign influence stemming from the applicant's familial connections and ongoing contact with relatives in Bangladesh, which could lead to divided allegiance.

Why the Applicant Was Denied

The applicant has close family ties in Bangladesh, including a mother, siblings, and a mother-in-law, which create a heightened risk of foreign influence.
The applicant maintains regular contact with his family in Bangladesh, including weekly phone calls and annual visits, which could lead to divided allegiance.
The applicant's acceptance of a military pension from Bangladesh raises concerns about potential foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Government
AG ¶ 7(e)notedShared Living Quarters with Foreign Persons

Mitigating

AG ¶ 8(a)rejectedNature of Relationship with Foreign PersonsThe applicant's close family ties create a potential conflict of interest.
AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant's sense of obligation to his family is not minimal.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant maintains regular and significant contact with his family.

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 issuedJan 30, 2017
Answer filedApr 12, 2017
Hearing heldSep 20, 2017Hearing conducted as scheduled.
Decision dateNov 6, 2017

Cite For

Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
Successful Mitigation of Foreign Preference Concerns Under Guideline C
Consideration of Foreign Influence in the Context of National Security

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, regardless of method, 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	Bangladesh 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 classified or sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information;	Against Applicant	Parent in Foreign Country Immediate Family	Bangladesh HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	—	—
1.c	shared living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion;	Against Applicant	Unspecified Foreign Relationship Other	Bangladesh HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	—
1.d	substantial business, financial, or property interest in a foreign country, or in any foreign owned or foreign-operated business that could subject the individual to a heightened risk of foreign influence or exploitation or personal conflict of interest.	Against Applicant	Foreign Bank Account or Investment Financial or Property Interest	Bangladesh HEIGHTENED RISK	Admitted	(f) substantial foreign business, financial, or property interests	—	—
1.e	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

contact, regardless of method, 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

Bangladesh

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 classified or sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information;

Against Applicant

Parent in Foreign Country

Immediate Family

Bangladesh

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

—

1.c

shared living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion;

Against Applicant

Unspecified Foreign Relationship

Other

Bangladesh

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

1.d

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

Against Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Bangladesh

HEIGHTENED RISK

Admitted

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

—

1.e

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant receives a modest pension from the Bangladesh government for his military service, which ceased in 1994, when he retired. His relationship with the Bangladeshi military ended at that time. He earned this pension before he immigrated to the United States and became a naturalized citizen. There is insufficient evidence to conclude his acceptance of this pension indicates a preference for Bangladesh over the United States.	For Applicant	Foreign Benefits or Education	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant receives a modest pension from the Bangladesh government for his military service, which ceased in 1994, when he retired. His relationship with the Bangladeshi military ended at that time. He earned this pension before he immigrated to the United States and became a naturalized citizen. There is insufficient evidence to conclude his acceptance of this pension indicates a preference for Bangladesh over the United States.

For Applicant

Foreign Benefits or Education

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