ISCR Case 16-04116.h1

Case Headnote

ISCR Case No. 16-04116.h1

grantedJun 7, 2018· Hon. Mark W. Harvey· hearing

Summary

The applicant, a 35-year-old management analyst with dual U.S.-Lebanese citizenship, faced trustworthiness concerns under Guidelines B (foreign influence), C (foreign preference), and E (personal conduct). The applicant mitigated concerns regarding foreign influence and preference by demonstrating a lack of ongoing contact with foreign nationals and renouncing her Lebanese citizenship. The personal conduct allegations were refuted as oversights in disclosure.

Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant’s father, sister, stepmother, and aunt are dual citizens of Lebanon and the United States, and they all live in the United States (1.a). Applicant’s mother-in-law and father-in-law are citizens and residents of Lebanon (1.b). Applicant maintains close and continuing contact with F and Z, and they are citizens of Lebanon and residents of UAE (1.c). Applicant maintains close and continuing contacts with B, a citizen and resident of Lebanon (1.d). Applicant has not communicated with F, Z, or B since 2016 (1.e). Applicant has never owned any property in Lebanon (1.f). Applicant has not communicated with her in-laws (1.g). Applicant has not communicated with F, Z, or B since 2016 (1.h). Applicant has not communicated with F, Z, or B since 2016 (1.i). Applicant has never held a Lebanese passport. On January 24, 2018, she gave her Lebanese Identification Card, which was issued to her in October 2009, to her security manager. She renounced her Lebanese citizenship (2.a). Applicant failed to disclose on her January 15, 2016 SCA that she and/or her spouse had bank accounts in Lebanon and the UAE (3.a). She also failed to disclose that she traveled to Lebanon in 2012 (3.b).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: Applicant demonstrated no ongoing contact with foreign nationals from Lebanon; Applicant renounced her Lebanese citizenship and has never held a Lebanese passport; Personal conduct allegations were determined to be oversights rather than intentional omissions.

Why the Applicant Prevailed

Applicant demonstrated no ongoing contact with foreign nationals from Lebanon.
Applicant renounced her Lebanese citizenship and has never held a Lebanese passport.
Personal conduct allegations were determined to be oversights rather than intentional omissions.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedNo Conflict of Interest Due to Loyalty or Obligation to Foreign Persons

Key Rule Quoted

“The Government must establish, by substantial evidence, conditions in the personal or professional history of the applicant which may disqualify the applicant from being eligible for access to sensitive information.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedMay 3, 2017
Answer filedJun 3, 2017
Hearing heldJan 29, 2018Applicant waived her right to 15 days of notice.
Decision dateMar 29, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Renunciation of Foreign Citizenship as a Mitigating Factor Under Guideline C
Oversights in Personal Conduct Disclosures Not Constituting Disqualifying Behavior Under Guideline E

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	Applicant’s father, sister, stepmother, and aunt are dual citizens of Lebanon and the United States, and they all live in the United States.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon 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	(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.	Claimed Deep U.S. Ties
1.b	Applicant’s mother-in-law and father-in-law are citizens and residents of Lebanon.	For Applicant	In Law in Foreign Country Immediate Family	Lebanon 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	(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.	Claimed Severed Foreign Contact
1.c	Applicant maintains close and continuing contact with F and Z, and they are citizens of Lebanon and residents of UAE.	For Applicant	Friend in Foreign Country Friend	Lebanon, UAE 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	(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.	Claimed Severed Foreign Contact
1.d	Applicant maintains close and continuing contacts with B, a citizen and resident of Lebanon.	For Applicant	Friend in Foreign Country Friend	Lebanon 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	(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.	Claimed Severed Foreign Contact
1.e	Applicant has not communicated with F, Z, or B since 2016.	For Applicant	Unspecified Foreign Relationship Other	null 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	(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.	Claimed Severed Foreign Contact
1.f	Applicant has never owned any property in Lebanon.	For Applicant	Foreign Real Estate Financial or Property Interest	Lebanon 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	(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.	Claimed Deep U.S. Ties
1.g	Applicant has not communicated with her in-laws.	For Applicant	In Law in Foreign Country Immediate Family	Lebanon 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	(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.	Claimed Severed Foreign Contact
1.h	Applicant has not communicated with F, Z, or B since 2016.	For Applicant	Unspecified Foreign Relationship Other	null 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	(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.	Claimed Severed Foreign Contact
1.i	Applicant has not communicated with F, Z, or B since 2016.	For Applicant	Unspecified Foreign Relationship Other	null 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	(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.	Claimed Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s father, sister, stepmother, and aunt are dual citizens of Lebanon and the United States, and they all live in the United States.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

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

(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.

Claimed

Deep U.S. Ties

1.b

Applicant’s mother-in-law and father-in-law are citizens and residents of Lebanon.

For Applicant

In Law in Foreign Country

Immediate Family

Lebanon

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

(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.

Claimed

Severed Foreign Contact

1.c

Applicant maintains close and continuing contact with F and Z, and they are citizens of Lebanon and residents of UAE.

For Applicant

Friend in Foreign Country

Friend

Lebanon, UAE

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

(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.

Claimed

Severed Foreign Contact

1.d

Applicant maintains close and continuing contacts with B, a citizen and resident of Lebanon.

For Applicant

Friend in Foreign Country

Friend

Lebanon

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

(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.

Claimed

Severed Foreign Contact

1.e

Applicant has not communicated with F, Z, or B since 2016.

For Applicant

Unspecified Foreign Relationship

Other

null

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

(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.

Claimed

Severed Foreign Contact

1.f

Applicant has never owned any property in Lebanon.

For Applicant

Foreign Real Estate

Financial or Property Interest

Lebanon

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

(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.

Claimed

Deep U.S. Ties

1.g

Applicant has not communicated with her in-laws.

For Applicant

In Law in Foreign Country

Immediate Family

Lebanon

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

(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.

Claimed

Severed Foreign Contact

1.h

Applicant has not communicated with F, Z, or B since 2016.

For Applicant

Unspecified Foreign Relationship

Other

null

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

(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.

Claimed

Severed Foreign Contact

1.i

Applicant has not communicated with F, Z, or B since 2016.

For Applicant

Unspecified Foreign Relationship

Other

null

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

(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.

Claimed

Severed Foreign Contact

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant has never held a Lebanese passport. On January 24, 2018, she gave her Lebanese Identification Card, which was issued to her in October 2009, to her security manager. She renounced her Lebanese citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant has never held a Lebanese passport. On January 24, 2018, she gave her Lebanese Identification Card, which was issued to her in October 2009, to her security manager. She renounced her Lebanese citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant failed to disclose on her January 15, 2016 SCA that she and/or her spouse had bank accounts in Lebanon and the UAE.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	(a) prompt, good-faith correction before being confronted	Claimed Explanation of Omission Credible
3.b	She also failed to disclose that she traveled to Lebanon in 2012.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	(a) prompt, good-faith correction before being confronted	Claimed Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant failed to disclose on her January 15, 2016 SCA that she and/or her spouse had bank accounts in Lebanon and the UAE.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

(a) prompt, good-faith correction before being confronted

Claimed

Explanation of Omission Credible

3.b

She also failed to disclose that she traveled to Lebanon in 2012.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

(a) prompt, good-faith correction before being confronted

Claimed

Explanation of Omission Credible

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES