ISCR Case 17-02036.h1

Case Headnote

ISCR Case No. 17-02036.h1

grantedJan 18, 2018· Hon. Mark W. Harvey· hearing

Summary

The applicant, a 48-year-old U.S. citizen and defense contractor, faced security concerns under Guideline B due to foreign influence from relatives in Lebanon and Saudi Arabia. He mitigated these concerns by demonstrating limited contact with his family and a commitment to report any attempts at foreign exploitation. The judge granted his security clearance, emphasizing the applicant's loyalty and service to the U.S.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother is a citizen and resident of Lebanon (1.a). Applicant’s brother is a citizen and resident of Lebanon (1.b). Applicant’s brother is a dual citizen of Lebanon and the United Kingdom (1.c). Applicant’s sister is a dual citizen of Lebanon and Saudi Arabia (1.d). Applicant provides $8,000 annual support to his mother (1.e).

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), AG ¶ 8(c). The decision turned on the following: The applicant demonstrated limited contact with foreign relatives, mitigating potential foreign influence; He provided a statement of intent to minimize contact with family members abroad; The applicant's loyalty and service to the U.S. were well-documented and supported by character evidence.

Why the Applicant Prevailed

The applicant demonstrated limited contact with foreign relatives, mitigating potential foreign influence.
He provided a statement of intent to minimize contact with family members abroad.
The applicant's loyalty and service to the U.S. were well-documented and supported by character evidence.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 8(a)appliedThe Nature of the Applicant's Relationship with Foreign Relatives Is Limited and Infrequent
AG ¶ 8(b)appliedThe Applicant Has Taken Steps to Minimize Contact with Foreign Relatives
AG ¶ 8(c)appliedThe Applicant's Loyalty and Service to the U.S. Mitigate Concerns

Key Rule Quoted

“The mere possession of close family ties with one or more family members living in a foreign country is not, as a matter of law, disqualifying under Guideline B; however, if an applicant has a close relationship with even one relative living in a foreign country, this factor alone is sufficient to create the potential for foreign influence and could potentially result in the compromise of classified information.”

Procedural Posture

SOR issuedJul 27, 2017
Answer filedOct 5, 2017
Hearing heldNov 28, 2017
Decision dateJan 18, 2018

Cite For

Mitigation of Foreign Influence Under Guideline B
Limited Family Contact as a Mitigating Factor
Importance of Character Evidence 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	Applicant’s mother is a citizen and resident of Lebanon.	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	Claimed Deep U.S. Ties
1.b	Applicant’s brother is a citizen and resident of Lebanon.	For Applicant	Sibling 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	Claimed Deep U.S. Ties
1.c	Applicant’s brother is a dual citizen of Lebanon and the United Kingdom.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon, United Kingdom	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	Claimed Deep U.S. Ties
1.d	Applicant’s sister is a dual citizen of Lebanon and Saudi Arabia.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon, Saudi Arabia 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	Claimed Deep U.S. Ties
1.e	Applicant provides $8,000 annual support to his mother.	For Applicant	Financial Support to Foreign Relative 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	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is a citizen and resident of Lebanon.

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

Claimed

Deep U.S. Ties

1.b

Applicant’s brother is a citizen and resident of Lebanon.

For Applicant

Sibling 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

Claimed

Deep U.S. Ties

1.c

Applicant’s brother is a dual citizen of Lebanon and the United Kingdom.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon, United Kingdom

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

Claimed

Deep U.S. Ties

1.d

Applicant’s sister is a dual citizen of Lebanon and Saudi Arabia.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon, Saudi Arabia

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

Claimed

Deep U.S. Ties

1.e

Applicant provides $8,000 annual support to his mother.

For Applicant

Financial Support to Foreign Relative

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

Claimed

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

PROCEDURAL RULINGS

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES