ISCR Case 17-02973.h1

Case Headnote

ISCR Case No. 17-02973.h1

grantedJul 1, 2017· Hon. Robert J. Kilmartin· hearing

Summary

A 38-year-old interpreter-linguist, born in Ukraine, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The Statement of Reasons highlighted several foreign ties, including the applicant's parents, brother, in-laws, and cousins all being citizens and residents of Ukraine. Additionally, the applicant had financial ties to Ukraine, including potential real estate inheritance.

Disqualifying conditions under Guideline B were raised, specifically regarding immediate family members and other relatives who are citizens of a foreign country, and financial interests in a foreign country. However, the applicant successfully mitigated these concerns.

The judge found that the applicant demonstrated strong ties to the U.S., including honorable military service. Furthermore, the applicant's family members in Ukraine were not affiliated with any government or intelligence services, and any financial support provided to them was minimal and reasonable. Ultimately, the judge determined that the applicant posed minimal risk of foreign influence, leading to the security clearance being granted.

Why the Applicant Prevailed

The applicant has strong ties to the U.S. and has served honorably in the military.
The applicant's family members in Ukraine are not affiliated with the government or intelligence services.
The applicant's financial support to family members was minimal and reasonable under the circumstances.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(f)raisedSubstantial Business or Financial Interests in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens

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 issuedOct 5, 2017
Answer filedNov 17, 2017Applicant elected to proceed on the written record.
Hearing heldN/ANo hearing; decided on written record.
Decision dateJun 21, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Familial Ties in Security Clearance Decisions
Whole-person Concept in Evaluating Security Clearance 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
1.a	Applicant's parents are citizens and residents of Ukraine.	For Applicant	Parent in Foreign Country Immediate Family	Ukraine 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 (f) substantial foreign business, financial, or property interests	(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. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Other
1.b	Applicant's brother is a citizen and resident of Ukraine.	For Applicant	Sibling in Foreign Country Immediate Family	Ukraine 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 (f) substantial foreign business, financial, or property interests	(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. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Other
1.c	Applicant's in-laws are citizens and residents of Ukraine.	For Applicant	In Law in Foreign Country Immediate Family	Ukraine 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 (f) substantial foreign business, financial, or property interests	(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. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Other
1.d	Applicant has cousins who are citizens and residents of Ukraine.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Ukraine 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 (f) substantial foreign business, financial, or property interests	(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. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Other
1.e	Applicant has financial ties to Ukraine, including potential inheritance of real estate.	For Applicant	Foreign Real Estate Financial or Property Interest	Ukraine 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 (f) substantial foreign business, financial, or property interests	(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. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents are citizens and residents of Ukraine.

For Applicant

Parent in Foreign Country

Immediate Family

Ukraine

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

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

(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.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Other

1.b

Applicant's brother is a citizen and resident of Ukraine.

For Applicant

Sibling in Foreign Country

Immediate Family

Ukraine

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

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

(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.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Other

1.c

Applicant's in-laws are citizens and residents of Ukraine.

For Applicant

In Law in Foreign Country

Immediate Family

Ukraine

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

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

(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.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Other

1.d

Applicant has cousins who are citizens and residents of Ukraine.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Ukraine

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

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

(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.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Other

1.e

Applicant has financial ties to Ukraine, including potential inheritance of real estate.

For Applicant

Foreign Real Estate

Financial or Property Interest

Ukraine

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

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

(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.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	specific text not stated in this decision	Unknown	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

Unknown

Unspecified Personal Conduct

—

Unknown

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES