Summary
The applicant, a 56-year-old U.S. citizen and former British Army officer, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The judge found that the applicant's ties to the U.K. did not create a heightened risk of foreign influence or divided loyalties, particularly given his long-term residence and commitment to the U.S.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: that Applicant served as an officer in the British Army from 1980 to 2001 (2.a). that he expected to inherit a share of his mother’s property and assets located in the United Kingdom (2.b). that he maintained contact with “many foreign nationals” due to his U.K. citizenship and service in the British Army (2.c). that he has friends and acquaintances who are serving in the British Military (2.d). that he possessed a security clearance from the U.K. Ministry of Defense (2.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(f). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant demonstrated a clear commitment to the United States, having become a naturalized citizen and established his life and career there; The judge found no evidence of heightened risk of foreign influence from the applicant's ties to the U.K; The applicant's financial interests and family connections in the U.K. were not deemed to create a conflict of interest.
Why the Applicant Prevailed
- The applicant demonstrated a clear commitment to the United States, having become a naturalized citizen and established his life and career there.
- The judge found no evidence of heightened risk of foreign influence from the applicant's ties to the U.K.
- The applicant's financial interests and family connections in the U.K. were not deemed to create a conflict of interest.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons or Governments
- AG ¶ 7(f)raisedSubstantial Business or Financial Interests in a Foreign Country
- AG ¶ 8(a)appliedThe Individual Has a Clear and Established Allegiance to the United States
- AG ¶ 8(b)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Foreign Influence
- AG ¶ 8(c)appliedThe Individual’s Family Members Are U.S. Citizens or Legal Residents
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedDec 20, 2017
- Answer filedFeb 19, 2018
- Hearing heldSep 13, 2018
- Decision dateOct 12, 2018
Cite For
- Evaluation of Foreign Influence Under Guideline B
- Consideration of Divided Loyalties in Security Clearance Cases
- Impact of Naturalization on Foreign Preference Concerns